Terms Used In Utah Code > Title 22 > Chapter 3 > Part 2 - Fiduciary Duties and Judicial Review

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• 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
• 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}
• 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
• Child with a disability: means the same as that term is defined in Utah Code 53E-7-201
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• 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
• Due process hearing: means an administrative due process hearing authorized by 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 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
• 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 Section 53E-7-405. See Utah Code 53E-7-401
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• 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
• 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.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• 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 Section 53G-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
• 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 team: means the same as that term is defined in Utah Code 53E-7-201
• 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 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
• Least restrictive environment: means the same as that term is defined in 34 C. See Utah Code 53E-7-201
• 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
• Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102
• 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
• 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
• Parent: means a parent or legal guardian. See Utah Code 53E-1-102
• 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
• 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.
• 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 donation: means a donation to the program under Section 53E-7-405. See Utah Code 53E-7-401
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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 Section 53E-7-406; and

            (10)(a)(ii) meets the requirement described in Section 53E-7-403; and
       (10)(b) is an eligible service provider approved by the scholarship granting organization in accordance with Section Utah Code 53E-7-401
• Qualifying school: means a private school that:
       (11)(a) provides kindergarten, elementary, or secondary education;
       (11)(b) is approved by the state board under Section 53E-7-408; and
       (11)(c) meets the requirements described in Section 53E-7-403. 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 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 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 Section 53F-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 Subsection 53E-7-405(3). 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
• 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
• Statute: A law passed by a legislature.
• Superintendent: means the superintendent of the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102
• 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
• 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