Terms Used In Utah Code > Title 53F > Chapter 6 > Part 4 - Utah Fits All Scholarship Program

• 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.
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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 Section 53F-4-302; or

                 (1)(c)(i)(B) the Carson Smith Opportunity Scholarship Program established in Section 53E-7-402; and

            (1)(c)(ii) except for a student who is enrolled part-time in accordance with Section 53G-6-702, is not enrolled in an LEA upon receiving the scholarship;
       (1)(d) whose eligibility is not suspended or disqualified under Section 53F-6-401; and
       (1)(e) who completes, to maintain eligibility, the portfolio requirement described in Subsection 53F-6-402(3)(d). See Utah Code 53F-6-401
• 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.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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 Section 53G-6-204 to attend a home school; and
            (3)(a)(iii) receives a benefit of scholarship funds. See Utah Code 53F-6-401
• 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.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• 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
• 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 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
• 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
• 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
• 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
• 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.
• 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 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 Section 53F-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 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.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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