(1) Nothing in this part:

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Terms Used In Utah Code 53F-6-406

  • Parent: means :
         (4)(a) the same as that term is defined in Section 53E-1-102; and
         (4)(b) a foster parent who has initiated a process to adopt the foster child. See Utah Code 53F-6-401 v2
  • program: means the scholarship program established in Section 53F-6-402. See Utah Code 53F-6-401
  • Program manager: means an organization that:
         (4)(a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
         (4)(b) is not affiliated with any international organization;
         (4)(c) does not harvest data for the purpose of reproducing or distributing the data to other entities;
         (4)(d) has no involvement in guiding or directing any curriculum or curriculum standards;
         (4)(e) does not manage or otherwise administer a scholarship under:
              (4)(e)(i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
              (4)(e)(ii) the Carson Smith Opportunity Scholarship Program established in Section 53E-7-402; and
         (4)(f) an agreement with the state board recognizes as a program manager, in accordance with this part. See Utah Code 53F-6-401
  • Qualifying provider: means one of the following entities that is not a public school and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
         (7)(a) an eligible school that the program manager approves in accordance with Section 53F-6-408; or
         (7)(b) an eligible service provider that the program manager approves in accordance with Section 53F-6-409. See Utah Code 53F-6-401
  • Scholarship account: means the account to which a program manager allocates funds for the payment of approved scholarship expenses in accordance with this part. See Utah Code 53F-6-401
  • Scholarship funds: means :
         (11)(a) funds that the Legislature appropriates for the program; and
         (11)(b) interest that scholarship funds accrue. See Utah Code 53F-6-401
  • Scholarship student: means an eligible student, including a home-based scholarship student, for whom the program manager establishes and maintains a scholarship account in accordance with this part. See Utah Code 53F-6-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
     (1)(a) except as expressly described in this part, grants additional authority to any state agency or LEA to regulate or control:

          (1)(a)(i) a private school, qualifying provider, or home school;
          (1)(a)(ii) students receiving education from a private school, qualifying provider, or home school;
     (1)(b) applies to or otherwise affects the freedom of choice of a home school student, including the curriculum, resources, developmental planning, or any other aspect of the home school student’s education; or
     (1)(c) expands the regulatory authority of the state, a state office holder, or an LEA to impose any additional regulation of a qualifying provider beyond any regulation necessary to administer this part.
(2) A qualifying provider:

     (2)(a) has a right to maximum freedom from unlawful governmental control in providing for the educational needs of a scholarship student who attends or engages with the qualifying provider; and
     (2)(b) is not an agent of the state by virtue of the provider’s acceptance of payment from a scholarship account in accordance with this part.
(3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section 53F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service providers, a program manager may not require a qualifying provider to alter the qualifying provider’s creed, practices, admissions policies, hiring practices, or curricula in order to accept scholarship funds.
(4) An LEA or a school in an LEA in which a scholarship student was previously enrolled shall provide to the scholarship student’s parent a copy of all school records relating to the student that the LEA possesses within 30 days after the day on which the LEA or school receives the parent’s request for the student’s records, subject to:

     (4)(b) Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
(5) By virtue of a scholarship student’s involvement in the program and unless otherwise expressly provided in statute, a scholarship student is not:

     (5)(a) enrolled in the public education system; or
     (5)(b) otherwise subject to statute, administrative rules, or other state regulations as if the student was enrolled in the public education system.
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