Utah Code > Title 22 > Chapter 3 – Uniform Fiduciary Income and Principal Act
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Terms Used In Utah Code > Title 22 > Chapter 3 - Uniform Fiduciary Income and Principal Act
- Address: includes :(1)(b)(i) a post office box number;(1)(b)(ii) a rural free delivery route number; and(1)(b)(iii) a street name and number. See Utah Code 16-6a-102
- ADM: means a full-day equivalent pupil. See Utah Code 53F-2-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult student: means a student who:
(1)(a) is at least 18 years old;(1)(b) is an emancipated student; or(1)(c) qualifies under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Utah Code 53E-9-301- Advisory council: means the Advisory Council for the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- American Indian and Alaskan Native concentrated school: means a school where at least 29% of the school's students are American Indian or Alaskan Native. See Utah Code 53F-5-601
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Assessment team: means a team consisting of:
(1)(a) the student's parent;(1)(b) the student's private school classroom teacher;(1)(c) special education personnel from the student's school district; and(1)(d) if available, special education personnel from the private school at which the student is enrolled. See Utah Code 53F-4-301- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Associate superintendent: means :
(3)(a) the associate superintendent of the Utah School for the Deaf; or(3)(b) the associate superintendent of the Utah School for the Blind. See Utah Code 53E-8-102- Assumed corporate name: means a name assumed for use in this state:
(4)(a) by a:(4)(a)(i) foreign corporation as described in Section16-10a-1506 ; or(4)(a)(ii) a foreign nonprofit corporation as described in Section16-6a-1506 ; and(4)(b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102- Authorized online course provider: means the entities listed in Subsection
53F-4-504 (1). See Utah Code 53F-4-501- Base tax effort rate: means the average of:
(2)(a) the highest combined capital levy rate; and(2)(b) the average combined capital levy rate for the school districts statewide. See Utah Code 53F-3-102- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- basic school program: means public education programs for kindergarten, elementary, and secondary school students that are operated and maintained for the amount derived by multiplying the number of weighted pupil units for each school district or charter school by the value established each year in the enacted public education budget, except as otherwise provided in this chapter. See Utah Code 53F-2-102
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Biometric identifier: means a:
(3)(a)(i) retina or iris scan;(3)(a)(ii) fingerprint;(3)(a)(iii) human biological sample used for valid scientific testing or screening; or(3)(a)(iv) scan of hand or face geometry. See Utah Code 53E-9-301- Biometric information: means information, regardless of how the information is collected, converted, stored, or shared:
(4)(a) based on an individual's biometric identifier; and(4)(b) used to identify the individual. See Utah Code 53E-9-301- Blended learning: means a formal education program in which a student learns:
(1)(a) at least in part, through online learning with some element of student control over time, place, path, and pace;(1)(b) at least in part, in a supervised brick-and-mortar location away from home; and(1)(c) in a program in which the modalities along each student's learning path within a course or subject are connected to provide an integrated learning experience. See Utah Code 53F-5-501- Blind: means :
(4)(a) if the person is three years of age or older but younger than 22 years of age, having a visual impairment that, even with correction, adversely affects educational performance or substantially limits one or more major life activities; and(4)(b) if the person is younger than three years of age, having a visual impairment. See Utah Code 53E-8-102- Blindness: means an impairment in vision in which central visual acuity:
(5)(a) does not exceed 20/200 in the better eye with correcting lenses; or(5)(b) is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 53E-8-102- board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
- Career and technical education course: means a concurrent enrollment course in career and technical education, as determined by the policy established by the Utah Board of Higher Education under Section
53E-10-302 . See Utah Code 53E-10-301- Certified online course provider: means a provider that the state board approves to offer courses through the Statewide Online Education Program. See Utah Code 53F-4-501
- Charitable organization: means the same as that term is defined in Section
13-22-2 . See Utah Code 16-6a-102- Charter school governing board: means the board that governs a charter school. See Utah Code 53E-1-102
- Child with a disability: means the same as that term is defined in Utah Code 53E-7-201
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Combined capital levy rate: means a rate that includes the sum of the following property tax levies:
(3)(a)(3)(a)(i) the debt service levy authorized in Section 11-14-310; and(3)(a)(ii) the voted capital outlay leeway authorized in Section 53F-8-402; or(3)(b)(3)(b)(i) the capital local levy authorized in Section 53F-8-303; and(3)(b)(ii) the debt service levy authorized in Section 11-14-310. See Utah Code 53F-3-102- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Concurrent enrollment: means enrollment in a course offered through the concurrent enrollment program described in Section
53E-10-302 . See Utah Code 53E-10-301- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate name: means :
(13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;(13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;(13)(c) the name of a foreign corporation as stated in the foreign corporation's:(13)(c)(i) articles of incorporation; or(13)(c)(ii) document of similar import to articles of incorporation; or(13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:(13)(d)(i) articles of incorporation; or(13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102- Corporate records: means the records described in Section
16-6a-1601 . See Utah Code 16-6a-102- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Cortical visual impairment: means a cortical or cerebral visual impairment:
(6)(a) that:(6)(a)(i) affects the visual cortex or visual tracts of the brain;(6)(a)(ii) is caused by damage to the visual pathways to the brain;(6)(a)(iii) affects a person's visual discrimination, acuity, processing, and interpretation; and(6)(a)(iv) is often present in conjunction with other disabilities or eye conditions that cause visual impairment; and(6)(b) in which the eyes and optic nerves of the affected person appear normal and the person's pupil responses are normal. See Utah Code 53E-8-102- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Credit: means credit for a high school course, or the equivalent for a middle school course, as determined by the state board. See Utah Code 53F-4-501
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Data breach: means an unauthorized release of or unauthorized access to personally identifiable student data that is maintained by an education entity. See Utah Code 53E-9-301
- Data governance plan: means an education entity's comprehensive plan for managing education data that:
(6)(a) incorporates reasonable data industry best practices to maintain and protect student data and other education-related data;(6)(b) describes the role, responsibility, and authority of an education entity data governance staff member;(6)(c) provides for necessary technical assistance, training, support, and auditing;(6)(d) describes the process for sharing student data between an education entity and another person;(6)(e) describes the education entity's data expungement process, including how to respond to requests for expungement;(6)(f) describes the data breach response process; and(6)(g) is published annually and available on the education entity's website. See Utah Code 53E-9-301- Deaf: means :
(7)(a) if the person is three years of age or older but younger than 22 years of age, having hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects educational performance or substantially limits one or more major life activities; and(7)(b) if the person is younger than three years of age, having hearing loss. See Utah Code 53E-8-102- Deafblind: means :
(8)(a) if the person is three years of age or older but younger than 22 years of age:(8)(a)(i) deaf;(8)(a)(ii) blind; and(8)(a)(iii) having hearing loss and visual impairments that cause such severe communication and other developmental and educational needs that the person cannot be accommodated in special education programs solely for students who are deaf or blind; or(8)(b) if the person is younger than three years of age, having both hearing loss and vision impairments that are diagnosed as provided in Section 53E-8-401. See Utah Code 53E-8-102- Deafness: means a hearing loss so severe that the person is impaired in processing linguistic information through hearing, with or without amplification. See Utah Code 53E-8-102
- Decedent: A deceased person.
- Deliver: includes delivery by mail or another means of transmission authorized by Section
16-6a-103 , except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102- Dependent: A person dependent for support upon another.
- Derived net taxable value: means the quotient of:
(4)(a) the total property tax collections from April 1 through the following March 31 for a school district for the calendar year preceding the March 31 date; divided by(4)(b) the school district's total tax rate for the calendar year preceding the March 31 referenced in Subsection (4)(a). See Utah Code 53F-3-102- Devise: To gift property by will.
- Director: means a member of the board of directors. See Utah Code 16-6a-102
- Director: means the director of ULEAD appointed under this part. See Utah Code 53E-10-701
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
- domestic nonprofit corporation: means an entity that:
(37)(a) is not a foreign nonprofit corporation; and(37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102- Due process hearing: means an administrative due process hearing authorized by Utah Code 53E-7-201
- Education entity: means :
(7)(a) the state board;(7)(b) a local school board;(7)(c) a charter school governing board;(7)(d) a school district;(7)(e) a charter school; or(7)(f) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301- Educator: means :
(2)(a) a person who holds a license;(2)(b) a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or(2)(c) a person who is the subject of an allegation which has been received by an LEA, the state board, or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102- Educator: means an individual who is:
(10)(a) licensed by the state board under Section 53E-6-201; or(10)(b) credentialed by the governing body of the individual's area of professional practice. See Utah Code 53E-8-102- Eligible institution: means :
(4)(a) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Section53B-1-102 ; or(4)(b) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Section53B-1-102 , that offers an online concurrent enrollment course. See Utah Code 53E-10-301- Eligible instructor: means an instructor who meets the requirements described in Section
53E-10-302 . See Utah Code 53E-10-301- eligible junior high school: means a district school or charter school that has at least 50% of the school's students with a family income at or below 185% of the federal poverty level. See Utah Code 53F-5-401
- Eligible partnership: means a partnership that:
(2)(a) includes at least:(2)(a)(i) a local education agency that has designated an eligible school feeder pattern;(2)(a)(ii) a local nonprofit organization;(2)(a)(iii) a private business;(2)(a)(iv) a municipality or county in which the eligible school feeder pattern is located;(2)(a)(v) an institution of higher education within the state;(2)(a)(vi) a state or local government agency that provides services to students attending schools within the eligible school feeder pattern;(2)(a)(vii) a local philanthropic organization; and(2)(a)(viii) a local health care organization; and(2)(b) has designated a local education agency or local nonprofit organization to act as lead applicant for a grant described in this part. See Utah Code 53F-5-401- Eligible private school: means a private school that meets the requirements of Section 53F-4-303. See Utah Code 53F-4-301
- Eligible school feeder pattern: means the succession of schools that a student enrolls in as the student progresses from kindergarten through grade 12 that includes, as designated by a local education agency:
(3)(a) a high school;(3)(b) an eligible junior high school that:(3)(b)(i) is a district school within the geographic boundary of the high school described in Subsection (3)(a); or(3)(b)(ii) is a charter school that sends at least 50% of the charter school's students to the high school described in Subsection (3)(a); and(3)(c) an eligible elementary school that:(3)(c)(i) is a district school within the geographic boundary of the high school described in Subsection (3)(a); or(3)(c)(ii) is a charter school that sends at least 50% of the charter school's students to the junior high school described in Subsection (3)(b). See Utah Code 53F-5-401- eligible student: means a child with a disability who is:
(8)(a) at least 3 years old but younger than 22 years old; or(8)(b) 22 years old, if the school year in which the child with a disability turned 22 years old has not yet ended. See Utah Code 53E-7-201- Eligible student: means :
(2)(a) a student who:(2)(a)(i) is:(2)(a)(i)(A) eligible to participate in public school, in kindergarten, or grades 1 through 12;(2)(a)(i)(B) enrolled in a qualifying school as defined in Subsection (11);(2)(a)(i)(C) a home-based scholarship student as defined in Subsection (6); or(2)(a)(i)(D) at least three years old before September 2 of the year the scholarship is awarded;(2)(a)(ii) is a resident of the state;(2)(a)(iii) has a qualified disability identified under 20 U. See Utah Code 53E-7-401- Eligible student: means a student who:
(6)(a)(6)(a)(i) is enrolled in, and counted in average daily membership in, a public school within the state; or(6)(a)(ii) is in the custody of the Division of Juvenile Justice and Youth Services and subject to the jurisdiction of the Youth Parole Authority;(6)(b) has on file a plan for college and career readiness as described in Section53E-2-304 ; and(6)(c) is in grade 9, 10, 11, or 12. See Utah Code 53E-10-301- Eligible student: means a student:
(4)(a)(i) who intends to take a course for middle school or high school credit; and(4)(a)(ii)(4)(a)(ii)(A) who is enrolled in an LEA in Utah;(4)(a)(ii)(B) who attends a private school or home school andwhose custodial parent is a resident of Utah; or(4)(a)(ii)(C) who is an exchange student residing in Utah and enrolled in an LEA or private school in Utah. See Utah Code 53F-4-501- Eligible student: means a student:
(1)(a) who is eligible to participate in public school, in kindergarten, or grades 1 through 12;(1)(b) who is a resident of the state;(1)(c) who, during the school year for which the student is applying for a scholarship account:(1)(c)(i) does not receive a scholarship under:(1)(c)(i)(A) the Carson Smith Scholarship Program established in Section53F-4-302 ; or(1)(c)(i)(B) the Carson Smith Opportunity Scholarship Program established in Section53E-7-402 ; and(1)(c)(ii) except for a student who is enrolled part-time in accordance with Section53G-6-702 , is not enrolled in an LEA upon receiving the scholarship;(1)(d) whose eligibility is not suspended or disqualified under Section53F-6-401 ; and(1)(e) who completes, to maintain eligibility, the portfolio requirement described in Subsection53F-6-402 (3)(d). See Utah Code 53F-6-401- Employee: means an individual working in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from:
(3)(a)(i) program donations to a scholarship granting organization; or(3)(a)(ii) scholarship money allocated to a qualifying school or qualifying provider by a scholarship granting organization under Section53E-7-405 . See Utah Code 53E-7-401- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exchange student: means a student sponsored by an agency approved by an LEA or private school governing board or a student who has an F-1, J-1, or J-2 visa. See Utah Code 53F-4-501
- Expunge: means to seal or permanently delete data, as described in state board rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, under Section 53E-9-306. See Utah Code 53E-9-301
- Extended learning: means learning opportunities outside of a traditional school structure, including:
(2)(a) online learning available anywhere, anytime;(2)(b) career-based experiences, including internships and job shadowing;(2)(c) community-based projects; and(2)(d) off-site postsecondary learning. See Utah Code 53F-5-501- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family income: means the annual income of the parent, parents, legal guardian, or legal guardians with whom a scholarship student lives. See Utah Code 53E-7-401
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Federal poverty level: means the poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 53E-7-401
- Federal poverty level: means the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 53F-6-401
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreign nonprofit corporation: means an entity:
(28)(a) incorporated under a law other than the laws of this state; and(28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102- Fraud: Intentional deception resulting in injury to another.
- Functional blindness: means a disorder in which the physical structures of the eye may be functioning, but the person does not attend to, examine, utilize, or accurately process visual information. See Utah Code 53E-8-102
- General audience application: means an Internet website, online service, online application, mobile application, or software program that:
(9)(a) is not specifically intended for use by an audience member that attends kindergarten or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from 1 to 12; and(9)(b) is not subject to a contract between an education entity and a third-party contractor. See Utah Code 53E-9-301- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grant program: means the Personalized, Competency-Based Learning Grants Program created in this part. See Utah Code 53F-5-501
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Hard of hearing: means having a hearing loss, excluding deafness. See Utah Code 53E-8-102
- High school: means grade 9, 10, 11, or 12. See Utah Code 53F-4-501
- Highest combined capital levy rate: means the highest combined capital levy rate imposed by a school district within the state for a fiscal year. See Utah Code 53F-3-102
- Home-based scholarship student: means a student who:
(6)(a) is eligible to participate in public school, in kindergarten or grades 1 through 12;(6)(b) is excused from enrollment in an LEA in accordance with Section53G-6-204 to attend a home school; and(6)(c) receives a benefit from a scholarship under the program. See Utah Code 53E-7-401- Home-based scholarship student: means a student who:
(3)(a)(i) is eligible to participate in public school, in kindergarten or grades 1 through 12;(3)(a)(ii) is excused from enrollment in an LEA in accordance with Section53G-6-204 to attend a home school; and(3)(a)(iii) receives a benefit of scholarship funds. See Utah Code 53F-6-401- IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, Utah Code 53E-1-102
- IEP: means :
(14)(a) a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, Utah Code 53E-8-102- IEP team: means the same as that term is defined in Utah Code 53E-7-201
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 53F-5-501
- Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- LEA: means :
(6)(a) a school district;(6)(b) a charter school; or(6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102- LEA: means a local education agency that has administrative control and direction for public education. See Utah Code 53E-8-102
- LEA: means :
(10)(a) a school district;(10)(b) a charter school; or(10)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301- LEA: means a school district or charter school. See Utah Code 53E-10-301
- LEA: means a public:
(3)(a) school district;(3)(b) school; or(3)(c) charter school. See Utah Code 53E-10-701- LEA: means :
(3)(a) a school district; or(3)(b) a charter school. See Utah Code 53F-4-301- LEA governing board: means :
(5)(a) for a school district, the local school board;(5)(b) for a charter school, the charter school governing board; or(5)(c) for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102- LEA governing board: means a local school board or charter school governing board. See Utah Code 53F-2-102
- LEA of record: means the school district of residence of a student as determined under Section 53G-6-302. See Utah Code 53E-8-102
- LEA special education program: means systems an LEA establishes to:
(4)(a) implement an eligible student's IEP;(4)(b) appropriately and timely identify eligible students;(4)(c) evaluate and classify eligible students by qualified personnel;(4)(d) implement standards for special education classes and services;(4)(e) deliver special education service responsibilities;(4)(f) ensure special education instructional staff are appropriately credentialed; and(4)(g) provide services for dual enrollment students that are:(4)(g)(i) eligible students; and(4)(g)(ii) attending public school on a part-time basis. See Utah Code 53E-7-201- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Least restrictive environment: means the same as that term is defined in 34 C. See Utah Code 53E-7-201
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local education agency: means a school district or charter school. See Utah Code 53F-5-401
- Low vision: means an impairment in vision in which:
(17)(a) visual acuity is at 20/70 or worse;(17)(b) the visual field is reduced to less than 20 degrees;(17)(c) even with correction, educational performance is affected; or(17)(d) at least one major life activity is substantially limited. See Utah Code 53E-8-102- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- Member: includes :
(34)(b)(i) "voting member"; and(34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102- Metadata dictionary: means a record that:
(11)(a) defines and discloses all personally identifiable student data collected and shared by the education entity;(11)(b) comprehensively lists all recipients with whom the education entity has shared personally identifiable student data, including:(11)(b)(i) the purpose for sharing the data with the recipient;(11)(b)(ii) the justification for sharing the data, including whether sharing the data was required by federal law, state law, or a local directive; and(11)(b)(iii) how sharing the data is permitted under federal or state law; and(11)(c) without disclosing personally identifiable student data, is displayed on the education entity's website. See Utah Code 53E-9-301- Middle school: means , only for purposes of student eligibility to participate in the Statewide Online Education Program, grade 6, 7, or 8. See Utah Code 53F-4-501
- Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102
- Minimum School Program: means the state-supported public school programs for kindergarten, elementary, and secondary schools as described in this Subsection (4). See Utah Code 53F-2-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Multidisciplinary evaluation team: means two or more individuals:
(7)(a) who are qualified in two or more separate disciplines or professions; and(7)(b) who evaluate a child. See Utah Code 53E-7-401- National Board certification: means a current certificate issued by the National Board for Professional Teaching Standards. See Utah Code 53E-6-102
- Native American Legislative Liaison Committee: means the committee created in Section 36-22-1. See Utah Code 53F-5-601
- Necessary student data: means data required by state statute or federal law to conduct the regular activities of an education entity, including:
(12)(a) name;(12)(b) date of birth;(12)(c) sex;(12)(d) parent contact information;(12)(e) custodial parent information;(12)(f) contact information;(12)(g) a student identification number;(12)(h) local, state, and national assessment results or an exception from taking a local, state, or national assessment;(12)(i) courses taken and completed, credits earned, and other transcript information;(12)(j) course grades and grade point average;(12)(k) grade level and expected graduation date or graduation cohort;(12)(l) degree, diploma, credential attainment, and other school exit information;(12)(m) attendance and mobility;(12)(n) drop-out data;(12)(o) immunization record or an exception from an immunization record;(12)(p) race;(12)(q) ethnicity;(12)(r) tribal affiliation;(12)(s) remediation efforts;(12)(t) an exception from a vision screening required under Section 53G-9-404 or information collected from a vision screening described in Section 53G-9-404;(12)(u) information related to the Utah Registry of Autism and Developmental Disabilities, described in Section 26B-7-115;(12)(v) student injury information;(12)(w) a disciplinary record created and maintained as described in Section 53E-9-306;(12)(x) juvenile delinquency records;(12)(y) English language learner status; and(12)(z) child find and special education evaluation data related to initiation of an IEP. See Utah Code 53E-9-301- Notice: means the same as that term is defined in Section
16-6a-103 . See Utah Code 16-6a-102- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Officer: means :
(8)(a) a member of the board of a scholarship granting organization, qualifying school, or qualifying provider; or(8)(b) the chief administrative officer of a scholarship granting organization , qualifying school, or qualifying provider. See Utah Code 53E-7-401- Online course: means a course of instruction offered by the Statewide Online Education Program through the use of digital technology, regardless of whether the student participates in the course at home, at school, at another location, or any combination of these. See Utah Code 53F-4-501
- Optional student data: includes :
(13)(b)(i) information that is:(13)(b)(i)(A) related to an IEP or needed to provide special needs services; and(13)(b)(i)(B) not necessary student data;(13)(b)(ii) biometric information; and(13)(b)(iii) information that is not necessary student data and that is required for a student to participate in a federal or other program. See Utah Code 53E-9-301- Parent: means a parent or legal guardian. See Utah Code 53E-1-102
- Parent: means :
(14)(a) a student's parent;(14)(b) a student's legal guardian; or(14)(c) an individual who has written authorization from a student's parent or legal guardian to act as a parent or legal guardian on behalf of the student. See Utah Code 53E-9-301- Parent: means :
(4)(a) the same as that term is defined in Section53E-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- Participating institution: means a public or private research institution that enters into an arrangement with the director to provide research and other services described in this part. See Utah Code 53E-10-701
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an:
(40)(a) individual; or(40)(b) entity. See Utah Code 16-6a-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Personally identifiable student data: includes :
(15)(b)(i) a student's first and last name;(15)(b)(ii) the first and last name of a student's family member;(15)(b)(iii) a student's or a student's family's home or physical address;(15)(b)(iv) a student's email address or other online contact information;(15)(b)(v) a student's telephone number;(15)(b)(vi) a student's social security number;(15)(b)(vii) a student's biometric identifier;(15)(b)(viii) a student's health or disability data;(15)(b)(ix) a student's education entity student identification number;(15)(b)(x) a student's social media user name and password or alias;(15)(b)(xi) if associated with personally identifiable student data, the student's persistent identifier, including:(15)(b)(xi)(A) a customer number held in a cookie; or(15)(b)(xi)(B) a processor serial number;(15)(b)(xii) a combination of a student's last name or photograph with other information that together permits a person to contact the student online;(15)(b)(xiii) information about a student or a student's family that a person collects online and combines with other personally identifiable student data to identify the student; and(15)(b)(xiv) information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. See Utah Code 53E-9-301- Plan for college and career readiness: means the same as that term is defined in Section
53E-2-304 . See Utah Code 53F-4-501- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Preschool: means an education program for a student who:
(4)(a) is age three, four, or five; and(4)(b) has not entered kindergarten. See Utah Code 53F-4-301- primary LEA: means the LEA in which an eligible student is enrolled for courses other than online courses offered through the Statewide Online Education Program. See Utah Code 53F-4-501
- Principal office: means :
(41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:(41)(a)(i) an annual report;(41)(a)(ii) an application for a certificate of authority; or(41)(a)(iii) a notice of change of principal office; or(41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Proceeding: includes :
(42)(a) a civil suit;(42)(b) arbitration;(42)(c) mediation;(42)(d) a criminal action;(42)(e) an administrative action; or(42)(f) an investigatory action. See Utah Code 16-6a-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- program: means the program established in Section
53E-7-402 . See Utah Code 53E-7-401- program: means the scholarship program established in Section
53F-6-402 . See Utah Code 53F-6-401- Program donation: means a donation to the program under Section
53E-7-405 . See Utah Code 53E-7-401- 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 Section53F-4-302 ; or(4)(e)(ii) the Carson Smith Opportunity Scholarship Program established in Section53E-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- Program manager employee: means an individual working for the program manager in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from scholarship funds. See Utah Code 53F-6-401
- Program manager officer: means :
(6)(a) a member of the board of a program manager; or(6)(b) the chief administrative officer of a program manager. See Utah Code 53F-6-401- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public education code: means :
(10)(a) this title;(10)(b) Title 53F, Public Education System -- Funding; and(10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102- Qualifying experience: means an LEA employee's experience in an academic field that:
(9)(a) qualifies the LEA employee to teach a concurrent enrollment course in the academic field; and(9)(b) may include the LEA employee's:(9)(b)(i) number of years teaching in the academic field;(9)(b)(ii) holding a higher level secondary teaching credential issued by the state board;(9)(b)(iii) research, publications, or other scholarly work in the academic field;(9)(b)(iv) continuing professional education in the academic field;(9)(b)(v) portfolio of work related to the academic field; or(9)(b)(vi) professional work experience or certifications in the academic field. See Utah Code 53E-10-301- Qualifying provider: means :
(10)(a) an entity that:(10)(a)(i) is not a public school and is autonomous and not an agent of the state, in accordance with Section53E-7-406 ; and(10)(a)(ii) meets the requirement described in Section53E-7-403 ; and(10)(b) is an eligible service provider approved by the scholarship granting organization in accordance with SectionUtah Code 53E-7-401 - 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 Section53F-6-408 ; or(7)(b) an eligible service provider that the program manager approves in accordance with Section53F-6-409 . See Utah Code 53F-6-401- Qualifying school: means a private school that:
(11)(a) provides kindergarten, elementary, or secondary education;(11)(b) is approved by the state board under Section53E-7-408 ; and(11)(c) meets the requirements described in Section53E-7-403 . See Utah Code 53E-7-401- Quorum: The number of legislators that must be present to do business.
- Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
(43)(a) by the domestic or foreign nonprofit corporation at:(43)(a)(i) its registered office in this state; or(43)(a)(ii) its principal office;(43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or(43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102- Registered agent: means the registered agent of:
(45)(a) a domestic nonprofit corporation; or(45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102- Relative: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 53E-7-401
- Relative: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 53F-6-401
- Released-time: means a period of time during the regular school day a student is excused from school at the request of the student's parent pursuant to rules of the state board. See Utah Code 53F-4-501
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Research clearinghouse: means a collection of information maintained and distributed by ULEAD in accordance with Section 53E-10-706. See Utah Code 53E-10-701
- Review committee: means the committee established under Section 53F-5-502. See Utah Code 53F-5-501
- 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 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 expense: means an expense that a parent or eligible student incurs in the education of the eligible student for goods or a service that a qualifying school or qualifying provider provides or facilitates, including:
(14)(a) published tuition and fees of a qualifying school or qualifying provider;(14)(b) fees and instructional materials at a technical college;(14)(c) tutoring services;(14)(d) fees for after-school or summer education programs;(14)(e) textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum, qualifying provider, or a qualifying school recommends;(14)(f) educational software and applications;(14)(g) supplies or other equipment related to an eligible student's educational needs;(14)(h) computer hardware or other technological devices that are intended primarily for an eligible student's educational needs;(14)(i) fees for the following examinations, or for a preparation course for the following examinations, that the scholarship granting organization approves:(14)(i)(i) a national norm-referenced or standardized assessment described in Section53F-6-410 , an advanced placement examination, or another similar assessment;(14)(i)(ii) a state-recognized industry certification examination; and(14)(i)(iii) an examination related to college or university admission;(14)(j) educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies;(14)(k) contracted services that the scholarship granting organization approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities;(14)(l) ride fees or fares for a fee-for-service transportation provider to transport the eligible student to and from a qualifying school or qualifying provider, not to exceed $750 in a given school year;(14)(m) expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or(14)(n) the scholarship granting organization approves in accordance with Subsection53E-7-405 (3). See Utah Code 53E-7-401- Scholarship expense: means an expense described in Section
53F-6-402 that a parent or scholarship student incurs in the education of the scholarship student for a service or goods that a qualifying provider provides, including:(10)(a) tuition and fees of a qualifying provider;(10)(b) fees and instructional materials at a technical college;(10)(c) tutoring services;(10)(d) fees for after-school or summer education programs;(10)(e) textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying provider recommends;(10)(f) educational software and applications;(10)(g) supplies or other equipment related to a scholarship student's educational needs;(10)(h) computer hardware or other technological devices that are intended primarily for a scholarship student's educational needs;(10)(i) fees for the following examinations, or for a preparation course for the following examinations, that the program manager approves:(10)(i)(i) a national norm-referenced or standardized assessment described in Section53F-6-410 , an advanced placement examination, or another similar assessment;(10)(i)(ii) a state-recognized industry certification examination; and(10)(i)(iii) an examination related to college or university admission;(10)(j) educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies;(10)(k) contracted services that the program manager approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities;(10)(l) ride fees or fares for a fee-for-service transportation provider to transport the scholarship student to and from a qualifying provider, not to exceed $750 in a given school year;(10)(m) expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or(10)(n) any other expense for a good or service that:(10)(n)(i) a parent or scholarship student incurs in the education of the scholarship student; and(10)(n)(ii) the program manager approves, in accordance with Subsection (4)(d). 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 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 Section53E-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
- Scholarship student: means a student who receives a scholarship under this part. See Utah Code 53F-4-301
- 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
- School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
- School official: means an employee or agent of an education entity, if the education entity has authorized the employee or agent to request or receive student data on behalf of the education entity. See Utah Code 53E-9-301
- selection committee: means the committee created in Section 53E-10-704 that appoints the director. See Utah Code 53E-10-701
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special education: means the same as that term is defined in Utah Code 53E-7-201
- Specially designed instruction: means the same as that term is defined in Utah Code 53E-7-201
- 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
- State board: means the State Board of Education. See Utah Code 53E-1-102
- State plan: means the state plan adopted under
Laws of Utah 2015, Chapter 53 , Section 7. See Utah Code 53F-5-601- State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
- Statute: A law passed by a legislature.
- Steering committee: means the committee that:
(6)(a) advises the director;(6)(b) sets research priorities as described in this part; and(6)(c) is created in Section 53E-10-707. See Utah Code 53E-10-701- STEM: means science, technology, engineering, and mathematics. See Utah Code 53F-5-501
- Student data: means information about a student at the individual student level. See Utah Code 53E-9-301
- Student data manager: means :
(18)(a) the state student data officer; or(18)(b) an individual designated as a student data manager by an education entity under Section 53E-9-303, who fulfills the duties described in Section 53E-9-308. See Utah Code 53E-9-301- Subpoena: A command to a witness to appear and give testimony.
- Superintendent: means the superintendent of the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102
- Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
- Targeted advertising: means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or student data. See Utah Code 53E-9-301
- Third-party contractor: means a person who:
(20)(a) is not an education entity; and(20)(b) pursuant to a contract with an education entity, collects or receives student data in order to provide a product or service, as described in the contract, if the product or service is not related to school photography, yearbooks, graduation announcements, or a similar product or service. See Utah Code 53E-9-301- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Tribal nonprofit corporation: means a nonprofit corporation:
(52)(a) incorporated under the law of a tribe; and(52)(b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102- Trustee: A person or institution holding and administering property in trust.
- ULEAD: means Utah Leading through Effective, Actionable, and Dynamic Education through the efforts of the director, participating institutions, and the steering committee as described in this part. See Utah Code 53E-10-701
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Value of the weighted pupil unit: means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53E-7-401
- Value of the weighted pupil unit: means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53E-10-301
- Value of the weighted pupil unit: means the amount established each year in statute that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53F-4-301
- Venue: The geographical location in which a case is tried.
- Visual impairment: includes partial sightedness, low vision, blindness, cortical visual impairment, functional blindness, and degenerative conditions that lead to blindness or severe loss of vision. See Utah Code 53E-8-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5- Written consent: means written authorization to collect or share a student's student data, from:
(21)(a) the student's parent, if the student is not an adult student; or(21)(b) the student, if the student is an adult student. See Utah Code 53E-9-301