(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:

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Terms Used In Utah Code 53F-6-413

  • 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 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
  • 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
     (1)(a) is necessary; and
     (1)(b) does not impose an undue burden on the qualifying provider.
(2) The following bear no liability based on the award or use of scholarship funds under this part:

     (2)(a) the state;
     (2)(b) the state board;
     (2)(c) the program manager; or
     (2)(d) an LEA.
(3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students’ parents may intervene as a matter of right to defend the program‘s constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.

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