(1) To be an eligible service provider, a private program or service:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 53E-7-408.5

  • program: means the program established in Section 53E-7-402. See Utah Code 53E-7-401
  • Scholarship: means a grant awarded to an eligible student:
         (13)(a) by a scholarship granting organization out of program donations; and
         (13)(b) for the purpose of paying for a scholarship expense. See Utah Code 53E-7-401
  • Scholarship granting organization: means an organization that is:
         (15)(a) qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
         (15)(b) recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404. See Utah Code 53E-7-401
  • Scholarship student: means an eligible student, including a home-based scholarship student, who receives a scholarship under this part. See Utah Code 53E-7-401
     (1)(a) shall provide to the scholarship granting organization:

          (1)(a)(i) a federal employer identification number;
          (1)(a)(ii) the provider’s address and contact information;
          (1)(a)(iii) a description of each program or service the provider proposes to offer directly to a scholarship student; and
          (1)(a)(iv) subject to Subsection (2), any other information as required by the scholarship granting organization;
     (1)(b) shall comply with the antidiscrimination provisions of 42 U.S.C. § 2000d; and
     (1)(c) may not act as a consultant, clearing house, or intermediary that connects a scholarship student with or otherwise facilitates the student’s engagement with a program or service that another entity provides.
(2) The scholarship granting organization shall adopt policies that maximize the number of eligible service providers, including accepting new providers throughout the school year, while ensuring education programs or services provided through the program meet student needs and otherwise comply with this part.
(3) A private program or service intending to receive scholarship funds shall:

     (3)(a) submit an application to the scholarship granting organization; and
     (3)(b) agree to not refund, rebate, or share scholarship funds with scholarship students or scholarship students’ parents in any manner except remittances or refunds to a scholarship account in accordance with this part and procedures that the program manager establishes.
(4) The scholarship granting organization shall:

     (4)(a) if the private program or service meets the eligibility requirements of this section, recognize the private program or service as an eligible service provider and approve a private program or service’s application to receive scholarship funds on behalf of a scholarship student; and
     (4)(b) make available to the public a list of eligible service providers approved under this section.
(5) A private program or service approved under this section that changes ownership shall:

     (5)(a) cease operation as an eligible service provider until:

          (5)(a)(i) the program or service submits a new application to the scholarship granting organization; and
          (5)(a)(ii) the scholarship granting organization approves the new application; and
     (5)(b) demonstrate that the private program or service continues to meet the eligibility requirements of this section.