S.B. 103

1

CARSON SMITH SCHOLARSHIP AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Carson Smith Scholarships for Students with Special Needs Act
10 by establishing a formula for an annual increase in appropriations for scholarship
11 payments.
12 Highlighted Provisions:
13 This bill:
14 . requires the Legislature to annually increase the amount of money appropriated for
15 scholarship payments by a certain amount;
16 . requires the Public Education Appropriations Subcommittee to study the
17 requirement to annually increase appropriations for scholarship payments if the
18 percentage of scholarship students equals or exceeds 7% of the public school
19 students statewide in grades kindergarten through 12 who have an IEP; and
20 . makes technical amendments.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on July 1, 2013.
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-1a-706, as last amended by Laws of Utah 2011, Chapter 342

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-1a-706 is amended to read:
31 53A-1a-706. Scholarship payments.
32 (1) (a) Scholarships shall be awarded by the board subject to the availability of money
33 appropriated by the Legislature for that purpose.
34 (b) The Legislature shall annually appropriate money to the board from the General
35 Fund to make scholarship payments.
36 (c) Beginning with the 2013-14 school year, the Legislature shall annually increase the
37 amount of money appropriated under Subsection (1)(b).
38 (d) The amount of the increase shall equal:
39 (i) the product of the average scholarship amount awarded as of October 1 in the
40 previous year; and
41 (ii) the product of:
42 (A) the number of students in grades kindergarten through 12 in public schools
43 statewide who have an IEP on October 1 of the previous year; and
44 (B) 0.005.
45 (e) If the number of scholarship students as of October 1 in any school year equals or
46 exceeds 7% of the number of students in grades kindergarten through 12 in public schools
47 statewide who have an IEP as of October 1 in the same school year, the Public Education
48 Appropriations Subcommittee shall study the requirement to increase appropriations for
49 scholarship payments as provided in this section.
50 [(c)] (f) (i) If money is not available to pay for all scholarships requested, the
51 scholarships shall be allocated on a random basis except that preference shall be given to
52 students who received scholarships in the previous school year.
53 (ii) If money is insufficient in a school year to pay for all the continuing scholarships,
54 new scholarships may not be awarded during that school year and the money available for
55 scholarships shall be prorated among the eligible students who received scholarships in the
56 previous year.
57 (2) Full-year scholarships shall be awarded in the following amounts:
58 (a) for a student who received an average of 180 minutes per day or more of special

59 education services in a public school before transferring to a private school, an amount not to
60 exceed the lesser of:
61 (i) the value of the weighted pupil unit multiplied by 2.5; or
62 (ii) the private school tuition and fees; and
63 (b) for a student who received an average of less than 180 minutes per day of special
64 education services in a public school before transferring to a private school, an amount not to
65 exceed the lesser of:
66 (i) the value of the weighted pupil unit multiplied by 1.5; or
67 (ii) the private school tuition and fees.
68 (3) The scholarship amount for a student enrolled in a half-day kindergarten program
69 shall be the amount specified in Subsection (2)(a) or (b) multiplied by .55.
70 (4) (a) The scholarship amount for a student who receives a waiver under Subsection
71 53A-1a-704 (3) shall be based upon the assessment team's determination of the appropriate
72 level of special education services to be provided to the student.
73 (b) (i) If the student requires an average of 180 minutes per day or more of special
74 education services, a full-year scholarship shall be equal to the amount specified in Subsection
75 (2)(a).
76 (ii) If the student requires less than an average of 180 minutes per day of special
77 education services, a full-year scholarship shall be equal to the amount specified in Subsection
78 (2)(b).
79 (iii) If the student is enrolled in a half-day kindergarten program, a full-year
80 scholarship is equal to the amount specified in Subsection (3).
81 (5) (a) Except as provided in Subsection (5)(b), upon review and receipt of
82 documentation that verifies a student's admission to, or continuing enrollment and attendance
83 at, a private school, the board shall make scholarship payments in four equal amounts no later
84 than September 1, November 1, February 1, and April 15 of each school year in which a
85 scholarship is in force.
86 (b) In accordance with board rule, the board may make a scholarship payment before
87 the first quarterly payment of the school year, if a private school requires partial payment of
88 tuition before the start of the school year to reserve space for a student admitted to the school.
89 (6) A parent of a scholarship student shall notify the board if the student does not have

90 continuing enrollment and attendance at an eligible private school.
91 (7) Before scholarship payments are made, the board shall cross-check enrollment lists
92 of scholarship students, school districts, and youth in custody to ensure that scholarship
93 payments are not erroneously made.
94 (8) (a) Scholarship payments shall be made by the board by individual warrant made
95 payable to the student's parent and mailed by the board to the private school. The parent shall
96 restrictively endorse the warrant to the private school for deposit into the account of the private
97 school.
98 (b) A person, on behalf of a private school, may not accept a power of attorney from a
99 parent to sign a warrant referred to in Subsection (8)(a), and a parent of a scholarship student
100 may not give a power of attorney designating a person, on behalf of a private school, as the
101 parent's attorney-in-fact.
102 [(9) (a) Scholarships shall be retroactively awarded to students with disabilities for
103 attendance at a private school in the 2004-05 school year, if:]
104 [(i) the student meets the qualifications for a scholarship under Section 53A-1a-704
105 and is awarded a scholarship under this section; and]
106 [(ii) the private school meets the eligibility requirements of Section 53A-1a-705 ,
107 including submitting an application to enroll scholarship students in the 2005-06 school year.]
108 [(b) Subsection (5) does not apply to retroactive scholarship payments.]
109 Section 2. Effective date.
110 This bill takes effect on July 1, 2013.




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as of 1-28-13 11:25 AM

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