1     
FUNDING FOR TEACHER SALARIES AND OPTIONAL EDUCATION

2     
OPPORTUNITIES

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Candice B. Pierucci

6     
Senate Sponsor: Kirk A. Cullimore

7     

8     LONG TITLE
9     General Description:
10          This bill establishes the Utah Fits All Scholarship Program and provides funding for the
11     program and a doubling of an educator salary adjustment.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     amends provisions to codify and double the amount of the state-provided educator
16     salary adjustment;
17          ▸     establishes the Utah Fits All Scholarship Program (program);
18          ▸     requires the state board to contract with, no later than September 1, 2023, a program
19     manager to administer the program;
20          ▸     authorizes the program manager to establish scholarship accounts on behalf of
21     eligible students to pay for approved education goods and services starting in the
22     2024-2025 school year;
23          ▸     prohibits a program manager from accepting scholarship funds in certain
24     circumstances and requires other fiscal safeguards, auditing, and accountability
25     measures;
26          ▸     requires eligible schools and service providers to meet certain standards to be
27     eligible to receive scholarship funds;
28          ▸     establishes an annual and private portfolio submission to the program manager as an

29     eligibility qualification;
30          ▸     allows for a scholarship student to receive a prorated scholarship award if the
31     student participates part-time in a local education agency;
32          ▸     authorizes the program manager to administer the program and distribute
33     scholarship funds;
34          ▸     requires the state board to provide limited oversight of the program manager,
35     including an appeal process for the program manager's administrative decisions;
36          ▸     prohibits certain regulations of eligible schools and eligible service providers;
37          ▸     requires background checks for employees and officers of a program manager;
38          ▸     enacts program funding provisions;
39          ▸     requires a program manager and the State Board of Education (state board) to
40     submit reports on the program to the Education Interim Committee;
41          ▸     classifies scholarship students' and scholarship account information as protected
42     records; and
43          ▸     makes technical and conforming changes.
44     Money Appropriated in this Bill:
45          This bill appropriates in fiscal year 2024:
46          ▸     to State Board of Education -- Contracted Initiatives and Grants -- Utah Fits All
47     Scholarship Program, as an appropriation:
48               •     from Income Tax Fund, ongoing $42,500,000; and
49               •     from Income Tax Fund, one-time ($41,500,000), leaving $1,000,000 for Fiscal
50     Year 2024.
51     Other Special Clauses:
52          None
53     Utah Code Sections Affected:
54     AMENDS:
55          53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,

56     354, and 461
57          53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
58          63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
59     335, 388, 391, and 415
60     ENACTS:
61          53F-6-401, Utah Code Annotated 1953
62          53F-6-402, Utah Code Annotated 1953
63          53F-6-403, Utah Code Annotated 1953
64          53F-6-404, Utah Code Annotated 1953
65          53F-6-405, Utah Code Annotated 1953
66          53F-6-406, Utah Code Annotated 1953
67          53F-6-407, Utah Code Annotated 1953
68          53F-6-408, Utah Code Annotated 1953
69          53F-6-409, Utah Code Annotated 1953
70          53F-6-410, Utah Code Annotated 1953
71          53F-6-411, Utah Code Annotated 1953
72          53F-6-412, Utah Code Annotated 1953
73          53F-6-413, Utah Code Annotated 1953
74          53F-6-414, Utah Code Annotated 1953
75     REPEALS:
76          53F-6-101, as enacted by Laws of Utah 2018, Chapter 2
77     

78     Be it enacted by the Legislature of the state of Utah:
79          Section 1. Section 53E-1-201 is amended to read:
80          53E-1-201. Reports to and action required of the Education Interim Committee.
81          (1) In accordance with applicable provisions and Section 68-3-14, the following
82     recurring reports are due to the Education Interim Committee:

83          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
84     including the information described in Section 9-22-113 on the status of the computer science
85     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
86          (b) the prioritized list of data research described in Section 53B-33-302 and the report
87     on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
88          (c) the report described in Section 35A-15-303 by the State Board of Education on
89     preschool programs;
90          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
91     on career and technical education issues and addressing workforce needs;
92          (e) the annual report of the Utah Board of Higher Education described in Section
93     53B-1-402;
94          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
95     regarding activities related to campus safety;
96          (g) the State Superintendent's Annual Report by the state board described in Section
97     53E-1-203;
98          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
99     plan to improve student outcomes;
100          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
101     the Deaf and the Blind;
102          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
103     Actionable, and Dynamic Education director on research and other activities;
104          (k) the report described in Section 53F-2-522 regarding mental health screening
105     programs;
106          (l) the report described in Section 53F-4-203 by the state board and the independent
107     evaluator on an evaluation of early interactive reading software;
108          (m) the report described in Section 53F-4-407 by the state board on UPSTART;
109          (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board

110     related to grants for professional learning and grants for an elementary teacher preparation
111     assessment;
112          (o) upon request, the report described in Section 53F-5-219 by the state board on the
113     Local Innovations Civics Education Pilot Program;
114          (p) the report described in Section 53F-5-405 by the State Board of Education
115     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
116     for students who are low income;
117          (q) the report described in Section 53B-35-202 regarding the Higher Education and
118     Corrections Council;
119          (r) the report described in Section 53G-7-221 by the State Board of Education
120     regarding innovation plans; [and]
121          (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
122     and Translation Service Procurement Advisory Council[.]; and
123          (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
124     Program.
125          (2) In accordance with applicable provisions and Section 68-3-14, the following
126     occasional reports are due to the Education Interim Committee:
127          (a) the report described in Section 35A-15-303 by the School Readiness Board by
128     November 30, 2020, on benchmarks for certain preschool programs;
129          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
130     on or before the Education Interim Committee's November 2021 meeting;
131          (c) if required, the report described in Section 53E-4-309 by the state board explaining
132     the reasons for changing the grade level specification for the administration of specific
133     assessments;
134          (d) if required, the report described in Section 53E-5-210 by the state board of an
135     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
136          (e) in 2022 and in 2023, on or before November 30, the report described in Subsection

137     53E-10-309(7) related to the PRIME pilot program;
138          (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
139     Actionable, and Dynamic Education;
140          (g) if required, the report described in Section 53F-2-513 by the state board evaluating
141     the effects of salary bonuses on the recruitment and retention of effective teachers in high
142     poverty schools;
143          (h) the report described in Section 53F-5-210 by the state board on the Educational
144     Improvement Opportunities Outside of the Regular School Day Grant Program;
145          (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
146     expenditure of a percentage of state restricted funds to support an innovative education
147     program;
148          (j) the report described in Section 53G-7-503 by the state board regarding fees that
149     LEAs charge during the 2020-2021 school year;
150          (k) the reports described in Section 53G-11-304 by the state board regarding proposed
151     rules and results related to educator exit surveys; and
152          (l) the report described in Section 62A-15-117 by the Division of Substance Abuse and
153     Mental Health, the State Board of Education, and the Department of Health regarding
154     recommendations related to Medicaid reimbursement for school-based health services.
155          Section 2. Section 53F-2-405 is amended to read:
156          53F-2-405. Educator salary adjustments.
157          (1) As used in this section, "educator" means a person employed by a school district,
158     charter school, or the Utah Schools for the Deaf and the Blind who holds:
159          (a) (i) a license issued by the state board; and
160          (ii) a position as a:
161          (A) classroom teacher;
162          (B) speech pathologist;
163          (C) librarian or media specialist;

164          (D) preschool teacher;
165          (E) mentor teacher;
166          (F) teacher specialist or teacher leader;
167          (G) guidance counselor;
168          (H) audiologist;
169          (I) psychologist; or
170          (J) social worker; or
171          (b) (i) a license issued by the Division of Professional Licensing; and
172          (ii) a position as a social worker.
173          (2) In recognition of the need to attract and retain highly skilled and dedicated
174     educators, the Legislature shall annually appropriate money for educator salary adjustments,
175     subject to future budget constraints.
176          [(3) Money appropriated to the state board]
177          (3) (a) The state board shall distribute to each school district, each charter school, and
178     the Utah Schools for the Deaf and the Blind money that the Legislature appropriates for
179     educator salary adjustments based on the number of educator positions described in Subsection
180     (4) in the school district, the charter school, or the Utah Schools for the Deaf and the Blind.
181          (b) Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the
182     full amount of educator salary adjustments described in this section, the state board shall
183     distribute money appropriated for educator salary adjustments [shall be distributed] to school
184     districts, charter schools, and the Utah Schools for the Deaf and the Blind in proportion to the
185     number of full-time-equivalent educator positions in a school district, a charter school, or the
186     Utah Schools for the Deaf and the Blind as compared to the total number of
187     full-time-equivalent educator positions in school districts, charter schools, and the Utah
188     Schools for the Deaf and the Blind.
189          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
190     shall award bonuses to educators as follows:

191          (a) the amount of the salary adjustment [shall be the same] for each
192     full-time-equivalent educator [position in the school district, charter school, or the Utah
193     Schools for the Deaf and the Blind;] is:
194          (i) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
195     effect, $8,400; or
196          (ii) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
197     and in effect, $4,200;
198          (b) an individual who is not a full-time educator shall receive a partial salary
199     adjustment based on the number of hours the individual works as an educator; and
200          (c) a salary adjustment may be awarded only to an educator who has received a
201     satisfactory rating or above on the educator's most recent evaluation.
202          (5) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
203     Act, the state board:
204          (a) shall make rules to ensure that LEAs do not reduce or artificially limit a teacher's
205     salary to convert the salary supplement in this section into a windfall to the LEA; and
206          (b) may make rules as necessary to administer this section [in accordance with Title
207     63G, Chapter 3, Utah Administrative Rulemaking Act].
208          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
209     money each year to:
210          (i) maintain educator salary adjustments provided in prior years; and
211          (ii) provide educator salary adjustments to new employees.
212          (b) Money appropriated for educator salary adjustments shall include money for the
213     following employer-paid benefits:
214          (i) retirement;
215          (ii) worker's compensation;
216          (iii) social security; and
217          (iv) Medicare.

218          (7) (a) Subject to future budget constraints, the Legislature shall:
219          (i) maintain the salary adjustments provided to school administrators in the 2007-08
220     school year; and
221          (ii) provide salary adjustments for new school administrators in the same amount as
222     provided for existing school administrators.
223          (b) The appropriation provided for educator salary adjustments described in this
224     section shall include salary adjustments for school administrators as specified in Subsection
225     (7)(a).
226          (c) In distributing and awarding salary adjustments for school administrators, the state
227     board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
228     comply with the requirements for the distribution and award of educator salary adjustments as
229     provided in Subsections (3) and (4).
230          Section 3. Section 53F-6-401 is enacted to read:
231     
Part 4. Utah Fits All Scholarship Program

232          53F-6-401. Definitions.
233          As used in this part:
234          (1) "Eligible student" means a student:
235          (a) who is eligible to participate in public school, in kindergarten, or grades 1 through
236     12;
237          (b) who is a resident of the state;
238          (c) who, during the school year for which the student is applying for a scholarship
239     account:
240          (i) does not receive a scholarship under:
241          (A) the Carson Smith Scholarship Program established in Section 53F-4-302; or
242          (B) the Special Needs Opportunity Scholarship Program established in Section
243     53E-7-402; and
244          (ii) except for a student who is enrolled part-time in accordance with Section

245     53G-6-702, is not enrolled in an LEA upon receiving the scholarship;
246          (d) whose eligibility is not suspended or disqualified under Section 53F-6-401; and
247          (e) who completes, to maintain eligibility, the portfolio requirement described in
248     Subsection 53F-6-402(3)(d).
249          (2) "Federal poverty level" means the United States poverty level as defined by the
250     most recently revised poverty income guidelines published by the United States Department of
251     Health and Human Services in the Federal Register.
252          (3) (a) "Home-based scholarship student" means a student who:
253          (i) is eligible to participate in public school, in kindergarten or grades 1 through 12;
254          (ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
255     attend a home school; and
256          (iii) receives a benefit of scholarship funds.
257          (b) "Home-based scholarship student" does not mean a home school student who does
258     not receive a scholarship under the program.
259          (4) "Program manager" means an organization that:
260          (a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
261          (b) is not affiliated with any international organization;
262          (c) does not harvest data for the purpose of reproducing or distributing the data to other
263     entities;
264          (d) has no involvement in guiding or directing any curriculum or curriculum standards;
265          (e) does not manage or otherwise administer a scholarship under:
266          (i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
267          (ii) the Special Needs Opportunity Scholarship Program established in Section
268     53E-7-402; and
269          (f) an agreement with the state board recognizes as a program manager, in accordance
270     with this part.
271          (5) (a) "Program manager employee" means an individual working for the program

272     manager in a position in which the individual's salary, wages, pay, or compensation, including
273     as a contractor, is paid from scholarship funds.
274          (b) "Program manager employee" does not include:
275          (i) an individual who volunteers for the program manager or for a qualifying provider;
276          (ii) an individual who works for a qualifying provider; or
277          (iii) a qualifying provider.
278          (6) "Program manager officer" means:
279          (a) a member of the board of a program manager; or
280          (b) the chief administrative officer of a program manager.
281          (7) "Qualifying provider" means one of the following entities that is not a public school
282     and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
283          (a) an eligible school that the program manager approves in accordance with Section
284     53F-6-408; or
285          (b) an eligible service provider that the program manager approves in accordance with
286     Section 53F-6-409.
287          (8) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
288     uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
289     sister-in-law, son-in-law, or daughter-in-law.
290          (9) "Scholarship account" means the account to which a program manager allocates
291     funds for the payment of approved scholarship expenses in accordance with this part.
292          (10) "Scholarship expense" means an expense described in Section 53F-6-402 that a
293     parent or scholarship student incurs in the education of the scholarship student for a service or
294     goods that a qualifying provider provides, including:
295          (a) tuition and fees of a qualifying provider;
296          (b) fees and instructional materials at a technical college;
297          (c) tutoring services;
298          (d) fees for after-school or summer education programs;

299          (e) textbooks, curricula, or other instructional materials, including any supplemental
300     materials or associated online instruction that a curriculum or a qualifying provider
301     recommends;
302          (f) educational software and applications;
303          (g) supplies or other equipment related to a scholarship student's educational needs;
304          (h) computer hardware or other technological devices that are intended primarily for a
305     scholarship student's educational needs;
306          (i) fees for the following examinations, or for a preparation course for the following
307     examinations, that the program manager approves:
308          (i) a national norm-referenced or standardized assessment described in Section
309     53F-6-410, an advanced placement examination, or another similar assessment;
310          (ii) a state-recognized industry certification examination; and
311          (iii) an examination related to college or university admission;
312          (j) educational services for students with disabilities from a licensed or accredited
313     practitioner or provider, including occupational, behavioral, physical, audiology, or
314     speech-language therapies;
315          (k) contracted services that the program manager approves and that an LEA provides,
316     including individual classes, after-school tutoring services, transportation, or fees or costs
317     associated with participation in extracurricular activities;
318          (l) ride fees or fares for a fee-for-service transportation provider to transport the
319     scholarship student to and from a qualifying provider, not to exceed $750 in a given school
320     year;
321          (m) expenses related to extracurricular activities, field trips, educational supplements,
322     and other educational experiences; or
323          (n) any other expense for a good or service that:
324          (i) a parent or scholarship student incurs in the education of the scholarship student;
325     and

326          (ii) the program manager approves, in accordance with Subsection (4)(d).
327          (11) "Scholarship funds" means:
328          (a) funds that the Legislature appropriates for the program; and
329          (b) interest that scholarship funds accrue.
330          (12) (a) "Scholarship student" means an eligible student, including a home-based
331     scholarship student, for whom the program manager establishes and maintains a scholarship
332     account in accordance with this part.
333          (b) "Scholarship student" does not include a home school student who does not receive
334     a scholarship award under the program.
335          (13) "Utah Fits All Scholarship Program" or "program" means the scholarship program
336     established in Section 53F-6-402.
337          Section 4. Section 53F-6-402 is enacted to read:
338          53F-6-402. Utah Fits All Scholarship Program -- Scholarship account application
339     -- Scholarship expenses -- Program information.
340          (1) There is established the Utah Fits All Scholarship Program under which, beginning
341     March 1, 2024, a parent may apply to a program manager on behalf of the parent's student to
342     establish and maintain a scholarship account to cover the cost of a scholarship expense.
343          (2) (a) The program manager shall establish and maintain, in accordance with this part,
344     scholarship accounts for eligible students.
345          (b) The program manager shall:
346          (i) determine that a student meets the requirements to be an eligible student; and
347          (ii) subject to Subsection (2)(c), each year the student is an eligible student, maintain a
348     scholarship account for the scholarship student to pay for the cost of one or more scholarship
349     expenses that the student or student's parent incurs in the student's education.
350          (c) Except as provided in Subsection (2)(d), each year, subject to this part and
351     legislative appropriations, a scholarship student is eligible for no more than:
352          (i) for the 2024-2025 school year, $8,000; and

353          (ii) for each school year following the 2024-2025 school year, the maximum allowed
354     amount under this Subsection (2)(c) in the previous year plus a percentage increase that is
355     equal to the five-year rolling average inflationary factor described in Section 53F-2-405.
356          (d) If a scholarship student enrolls in an LEA part-time in accordance with Section
357     53G-6-702, the program manager shall prorate the amount of the award described in
358     Subsection (2)(c) in proportion to the extent of the scholarship student's partial enrollment in
359     the LEA.
360          (3) (a) A program manager shall establish a scholarship account on behalf of an
361     eligible student who submits a timely application, unless the number of applications exceeds
362     available scholarship funds for the school year.
363          (b) If the number of applications exceeds the available scholarship funds for a school
364     year, the program manager shall select students on a random basis, except as provided in
365     Subsection (6).
366          (c) An eligible student or a public education student shall submit an application for an
367     initial scholarship or renewal for each school year that the student intends to receive
368     scholarship funds.
369          (d) (i) To maintain eligibility, a scholarship student or the scholarship student's parent
370     shall annually complete and deliver to the program manager a portfolio describing the
371     scholarship student's educational opportunities and achievements under the program for the
372     given year.
373          (ii) The program manager may not disclose the content of a given scholarship student's
374     portfolio except to the scholarship student's parent.
375          (4) (a) An application for a scholarship account shall contain an acknowledgment by
376     the student's parent that the qualifying provider selected by the parent for the student's
377     enrollment or engagement is capable of providing education services for the student.
378          (b) A scholarship account application form shall contain the following statement:
379          "I acknowledge that:

380          (1) A qualifying provider may not provide the same level of disability services that are
381     provided in a public school;
382          (2) I will assume full financial responsibility for the education of my scholarship
383     recipient if I agree to this scholarship account;
384          (3) Agreeing to establish this scholarship account has the same effect as a parental
385     refusal to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the
386     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and
387          (4) My child may return to a public school at any time.".
388          (c) Upon agreeing to establish a scholarship account, the parent assumes full financial
389     responsibility for the education of the scholarship student, including the balance of any expense
390     incurred at a qualifying provider or for goods that are not paid for by the scholarship student's
391     scholarship account.
392          (d) Agreeing to establish a scholarship account has the same effect as a parental refusal
393     to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the Individuals with
394     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
395          (e) The creation of the program or establishment of a scholarship account on behalf of
396     a student does not:
397          (i) imply that a public school did not provide a free and appropriate public education
398     for a student; or
399          (ii) constitute a waiver or admission by the state.
400          (5) A program manager may not charge a scholarship account application fee.
401          (6) A program manager shall give an enrollment preference based on the following
402     order of preference:
403          (a) to an eligible student who used a scholarship account in the previous school year;
404          (b) to an eligible student:
405          (i) who did not use a scholarship account in the previous school year; and
406          (ii) with a family income at or below 200% of the federal poverty level;

407          (c) to an eligible student who is a sibling of an eligible student who:
408          (i) uses a scholarship account at the time the sibling applies for a scholarship account;
409     or
410          (ii) used a scholarship account in the school year immediately preceding the school
411     year for which the sibling is applying for a scholarship account; and
412          (d) to an eligible student:
413          (i) who did not use a scholarship account in the previous school year; and
414          (ii) with a family income between 200% and 555% of the federal poverty level.
415          (7) (a) Subject to Subsections (7)(b) through (e), a parent may use a scholarship
416     account to pay for a scholarship expense that a parent or scholarship student incurs in the
417     education of the scholarship student.
418          (b) A scholarship student or the scholarship student's parent may not use a scholarship
419     account for an expense that the student or parent does not incur in the education of the
420     scholarship student, including:
421          (i) a rehabilitation program that is not primarily designed for an educational purpose;
422     or
423          (ii) a travel expense other than a transportation expense described in Section
424     53F-6-401.
425          (c) The program manager may not:
426          (i) approve a scholarship expense for a service that a qualifying provider provides
427     unless the program manager determines that the scholarship student or the scholarship student's
428     parent incurred the expense in the education of the scholarship student; or
429          (ii) reimburse a scholarship expense for a service or good that a provider that is not a
430     qualifying provider provides unless:
431          (A) the parent or scholarship student submits a receipt that shows the cost and type of
432     service or good and the name of provider; and
433          (B) the program manager determines that the parent or scholarship student incurred the

434     expense in the education of the scholarship student.
435          (d) The parent of a scholarship student may not receive scholarship funds as payment
436     for the parent's time spent educating the parent's child.
437          (e) Except for cases in which a scholarship student or the scholarship student's parent is
438     convicted of fraud in relation to scholarship funds, if a qualifying provider, scholarship student,
439     or scholarship student's parent repays an expenditure from a scholarship account for an expense
440     that is not approved under this Subsection (7), the program manager shall credit the repaid
441     amount back to the scholarship account balance within 30 days after the day on which the
442     program manager receives the repayment.
443          (8) Notwithstanding any other provision of law, funds that the program manager
444     disburses under this part to a scholarship account on behalf of a scholarship student do not
445     constitute state taxable income to the parent of the scholarship student.
446          (9) The program manager shall prepare and disseminate information on the program to
447     a parent applying for a scholarship account on behalf of a student, including the information
448     that the program manager provides in accordance with Section 53F-6-405.
449          (10) On or before September 1, 2023, and as frequently as necessary to maintain the
450     information, the state board shall provide information on the state board's website, including:
451          (a) scholarship account information;
452          (b) information on the program manager, including the program manager's contact
453     information; and
454          (c) an overview of the program.
455          Section 5. Section 53F-6-403 is enacted to read:
456          53F-6-403. Qualifying providers.
457          (1) Before the beginning of the school year immediately following a school year in
458     which a qualifying provider receives scholarship funds equal to or more than $500,000, the
459     qualifying provider shall file with the program manager a surety bond payable to the program
460     manager in an amount equal to the aggregate amount of scholarship funds expected to be

461     received during the school year.
462          (2) If a program manager determines that a qualifying provider has violated a provision
463     of this part, the program manager may interrupt disbursement of or withhold scholarship funds
464     from the qualifying provider.
465          (3) (a) If the program manager determines that a qualifying provider no longer meets
466     the eligibility requirements described in this part, the program manager may withdraw the
467     organization's approval of the qualifying provider.
468          (b) A provider or person that does not have the approval of the program manager in
469     accordance with the following may not accept scholarship funds for services under this part:
470          (i) Section 53F-6-408 regarding eligible schools; or
471          (ii) Section 53F-6-409 regarding eligible service providers.
472          (4) If a qualifying provider requires partial payment of tuition or fees before the
473     beginning of the academic year to reserve space for a scholarship student who has been
474     admitted to the qualifying provider, the program manager may:
475          (a) pay the partial payment before the beginning of the school year in which the
476     scholarship funds are awarded; and
477          (b) deduct the amount of the partial payment from subsequent scholarship fund
478     deposits in an equitable manner that provides the best availability of scholarship funds to the
479     student throughout the remainder of the school year.
480          (5) If a scholarship student described in Subsection (4)(a) chooses to withdraw from or
481     otherwise not engage with the qualifying provider before the beginning of the school year:
482          (a) the qualifying provider shall remit the partial payment described in Subsection
483     (4)(a) to the program manager; and
484          (b) the program manager shall credit the remitted partial payment to the scholarship
485     student's scholarship account.
486          Section 6. Section 53F-6-404 is enacted to read:
487          53F-6-404. State board procurement and review of program manager -- Failure to

488     comply.
489          (1) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
490     board shall issue a request for proposals, on or before June 15, 2023, and enter an agreement
491     with no more than one organization that qualifies as tax exempt under Section 501(c)(3),
492     Internal Revenue Code, for the state board to recognize as the program manager, on or before
493     September 1, 2023.
494          (b) An organization that responds to a request for proposals described in Subsection
495     (1)(a) shall submit the following information in the organization's response:
496          (i) a copy of the organization's incorporation documents;
497          (ii) a copy of the organization's Internal Revenue Service determination letter
498     qualifying the organization as being tax exempt under Section 501(c)(3), Internal Revenue
499     Code;
500          (iii) a description of the methodology the organization will use to verify a student's
501     eligibility under this part;
502          (iv) a description of the organization's proposed scholarship account application
503     process; and
504          (v) an affidavit or other evidence that the organization:
505          (A) is not affiliated with any international organization;
506          (B) does not harvest data for the purpose of reproducing or distributing the data to
507     another entity; and
508          (C) has no involvement in guiding or directing any curriculum standards.
509          (c) The state board shall ensure that the agreement described in Subsection (1)(a):
510          (i) ensures the efficiency and success of the program; and
511          (ii) does not impose any requirements on the program manager that:
512          (A) are not essential to the basic administration of the program; or
513          (B) create restrictions, directions, or mandates regarding instructional content or
514     curriculum.

515          (2) The state board may regulate and take enforcement action as necessary against a
516     program manager in accordance with the provisions of the state board's agreement with the
517     program manager.
518          (3) (a) If the state board determines that a program manager has violated a provision of
519     this part or a provision of the state board's agreement with the program manager, the state
520     board shall send written notice to the program manager explaining the violation and the
521     remedial action required to correct the violation.
522          (b) A program manager that receives a notice described in Subsection (3)(a) shall, no
523     later than 60 days after the day on which the program manager receives the notice, correct the
524     violation and report the correction to the state board.
525          (c) (i) If a program manager that receives a notice described in Subsection (3)(a) fails
526     to correct a violation in the time period described in Subsection (3)(b), the state board may bar
527     the program manager from further participation in the program.
528          (ii) A program manager may appeal a decision of the state board under Subsection
529     (3)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
530          (d) A program manager may not accept state funds while the program manager:
531          (i) is barred from participating in the program under Subsection (3)(c)(i); or
532          (ii) has an appeal pending under Subsection (3)(c)(ii).
533          (e) A program manager that has an appeal pending under Subsection (3)(c)(ii) may
534     continue to administer scholarship accounts during the pending appeal.
535          (4) The state board shall establish a process for a program manager to report the
536     information the program manager is required to report to the state board under Section
537     53F-6-405.
538          (5) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
539     Administrative Rulemaking Act, and include provisions in the state board's agreement with the
540     scholarship organization for:
541          (a) subject to Subsection (6), the administration of scholarship accounts and

542     disbursement of scholarship funds if a program manager is barred from participating in the
543     program under Subsection (3)(c)(i); and
544          (b) audit and report requirements as described in Section 53F-7-405.
545          (6) (a) The state board shall include in the rules and provisions described in Subsection
546     (5)(a) measures to ensure that the establishment and maintenance of scholarship accounts and
547     enrollment in the program are not disrupted if the program manager is barred from participating
548     in the program.
549          (b) The state board may, if the program manager is barred from participating in the
550     program, issue a new request for proposals and enter into a new agreement with an alternative
551     program manager in accordance with this section.
552          (7) (a) On or before January 1, 2024, the state board shall:
553          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
554     Rulemaking Act, to establish a process for a scholarship student or a scholarship student's
555     parent to appeal any administrative decision of the program manager for state board resolution
556     within 30 days after the day of the appeal, including:
557          (A) scholarship expense denials; and
558          (B) determinations regarding enrollment eligibility or suspension or disqualification
559     under Section 53F-6-405; and
560          (ii) make information available regarding the appeals process on the state board's
561     website and on the scholarship application.
562          (b) If the state board stays or reverses an administrative decision of the program
563     manager on appeal, the program manager may not withhold scholarship funds or application
564     approval for the scholarship student on account of the appealed administrative decision unless
565     as the state board expressly allows.
566          (8) The state board may not include a provision in any rule that creates or implies a
567     restriction, direction, or mandate regarding instructional content or curriculum.
568          Section 7. Section 53F-6-405 is enacted to read:

569          53F-6-405. Program manager duties -- Audit -- Prohibitions.
570          (1) The program manager shall administer the program, including:
571          (a) maintaining an application website that includes information on enrollment,
572     relevant application dates, and dates for notification of acceptance;
573          (b) reviewing applications from and determining if a person is:
574          (i) an eligible school under Section 53F-6-408; or
575          (ii) an eligible service provider under Section 53F-6-409;
576          (c) establishing an application process, including application dates opening before
577     March 1, 2024, in accordance with Section 53F-6-402;
578          (d) reviewing and granting or denying applications for a scholarship account;
579          (e) providing an online portal for the parent of a scholarship student to access the
580     scholarship student's account;
581          (f) ensuring that scholarship funds in a scholarship account are readily available to a
582     scholarship student;
583          (g) requiring a parent to notify the program manager if the parent's scholarship student
584     is no longer enrolled in or engaging a service:
585          (i) for which the scholarship student receives scholarship funds; and
586          (ii) that is provided to the scholarship student for an entire school year;
587          (h) obtaining reimbursement of scholarship funds from a qualifying provider that
588     provides the services in which a scholarship student is no longer enrolled or with which the
589     scholarship student is no longer engaged;
590          (i) expending all revenue from interest on scholarship funds or investments on
591     scholarship expenses;
592          (j) each time the program manager makes an administrative decision that is adverse to
593     a scholarship student or the scholarship student's parent, informing the scholarship student and
594     the scholarship student's parent of the opportunity and process to appeal an administrative
595     decision of the program manager to the state board in accordance with the process described in

596     Section 53F-6-404;
597          (k) maintaining a protected internal waitlist of all eligible students who have applied to
598     the program and are not yet scholarship students, including any student who removed the
599     student's application from the waitlist; and
600          (l) providing aggregate data regarding the number of scholarship students and the
601     number of eligible students on the waitlist described in Subsection (1)(k).
602          (2) The program manager shall:
603          (a) contract with one or more private entities to develop and implement a commercially
604     viable, cost-effective, and parent-friendly system to:
605          (i) establish scholarship accounts;
606          (ii) maximize payment flexibility by allowing:
607          (A) for payment of services to qualifying providers using scholarship funds by
608     electronic or online funds transfer; and
609          (B) pre-approval of a reimbursement to a parent for a good that is a scholarship
610     expense; and
611          (iii) allow scholarship students and scholarship student's parents to publicly rate,
612     review, and share information about qualifying providers; and
613          (b) ensure that the system complies with industry standards for data privacy and
614     cybersecurity, including ensuring compliance with the Family Educational Rights and Privacy
615     Act, 34 C.F.R. Part 99.
616          (3) In advance of the program manager accepting applications in accordance with
617     Section 53F-6-402 and as regularly as information develops, the program manager shall
618     provide information regarding the program by publishing a program handbook online for
619     scholarship applicants, scholarship students, parents, service providers seeking to become
620     qualifying providers, and qualifying providers, that includes information regarding:
621          (a) the policies and processes of the program;
622          (b) approved scholarship expenses and qualifying providers;

623          (c) the responsibilities of parents regarding the program and scholarship funds;
624          (d) the duties of the program manager;
625          (e) the opportunity and process to appeal an administrative decision of the program
626     manager to the state board in accordance with the process described in Section 53F-6-404; and
627          (f) the role of any private financial management firms or other private organizations
628     with which the program manager may contract to administer any aspect of the program.
629          (4) To ensure the fiscal security and compliance of the program, the program manager
630     shall:
631          (a) prohibit a program manager employee or program manager officer from handling,
632     managing, or processing scholarship funds, if, based on a criminal background check that the
633     state board conducts in accordance with Section 53F-6-407, the state board identifies the
634     program manager employee or program manager officer as posing a risk to the appropriate use
635     of scholarship funds;
636          (b) establish procedures to ensure a fair process to:
637          (i) suspend scholarship student's eligibility for the program in the event of the
638     scholarship student's or scholarship student's parent's:
639          (A) intentional or substantial misuse of scholarship funds; or
640          (B) violation of this part or the terms of the program; and
641          (ii) if the program manager obtains evidence of fraudulent use of scholarship funds,
642     refer the case to the attorney general for collection or criminal investigation;
643          (iii) ensure that a scholarship student whose eligibility is suspended or disqualified
644     under this Subsection (4)(b) or Subsection (4)(c) based on the actions of the student's parent
645     regains eligibility if the student is placed with a different parent or otherwise no longer resides
646     with the parent related to the suspension or disqualification;
647          (c) notify the state board, scholarship student, and scholarship student's parent in
648     writing:
649          (i) of the suspension described in Subsection (4)(b)(i);

650          (ii) that no further transactions, disbursements, or reimbursements are allowed;
651          (iii) that the scholarship student or scholarship student's parent may take corrective
652     action within 10 business days of the day on which the program manager provides the
653     notification; and
654          (iv) that without taking the corrective action within the time period described in
655     Subsection (4)(c)(iii), the program manager may disqualify the student's eligibility.
656          (5) (a) A program manager may not:
657          (i) disburse scholarship funds to a qualifying provider or allow a qualifying provider to
658     use scholarship funds if:
659          (A) the program manager determines that the qualifying provider intentionally or
660     substantially misrepresented information on overpayment;
661          (B) the qualifying provider fails to refund an overpayment in a timely manner; or
662          (C) the qualifying provider routinely fails to provide scholarship students with
663     promised educational services; or
664          (ii) reimburse with scholarship funds an individual for the purchase of a good or
665     service if the program manager determines that:
666          (A) the scholarship student or the scholarship student's parent requesting
667     reimbursement intentionally or substantially misrepresented the cost or educational purpose of
668     the good or service; or
669          (B) the relevant scholarship student was not the exclusive user of the good or service.
670          (b) A program manager shall notify a scholarship student if the program manager:
671          (i) stops disbursement of the scholarship student's scholarship funds to a qualifying
672     provider under Subsection (5)(a)(i); or
673          (ii) refuses reimbursement under Subsection (5)(a)(ii).
674          (6) (a) At any time, a scholarship student may change the qualifying provider to which
675     the scholarship student's scholarship account makes distributions.
676          (b) If, during the school year, a scholarship student changes the student's enrollment in

677     or engagement with a qualifying provider to another qualifying provider, the program manager
678     may prorate scholarship funds between the qualifying providers based on the time the
679     scholarship student received the goods or services or was enrolled.
680          (7) A program manager may not subvert the enrollment preferences required under
681     Section 53F-6-402 or other provisions of this part to establish a scholarship account on behalf
682     of a relative of a program manager officer.
683          (8) The program manager shall:
684          (a) contract for annual and random audits on scholarship accounts conducted:
685          (i) by a certified public accountant who is independent from:
686          (A) the program manager;
687          (B) the state board; and
688          (C) the program manager's accounts and records pertaining to scholarship funds; and
689          (ii) in accordance with generally accepted auditing standards;
690          (b) demonstrate the program manager's financial accountability by annually submitting
691     to the state board the following:
692          (i) a financial information report that a certified public accountant prepares and that
693     includes the total number and total dollar amount of scholarship funds disbursed during the
694     previous calendar year; and
695          (ii) no later than 180 days after the last day of the program manager's fiscal year, the
696     results of the audits described in Subsection (8)(a), including the program manager's financial
697     statements in a format that meets generally accepted accounting principles.
698          (9) (a) The state board:
699          (i) shall review a report described in this section; and
700          (ii) may request that the program manager revise or supplement the report if the report
701     does not fully comply with this section.
702          (b) The program manager shall provide to the state board a revised report or a
703     supplement to the report no later than 45 days after the day on which the state board makes a

704     request described in Subsection (9)(a).
705          Section 8. Section 53F-6-406 is enacted to read:
706          53F-6-406. Qualifying provider regulatory autonomy -- Home school autonomy --
707     Student records -- Scholarship student status.
708          (1) Nothing in this part:
709          (a) except as expressly described in this part, grants additional authority to any state
710     agency or LEA to regulate or control:
711          (i) a private school, qualifying provider, or home school;
712          (ii) students receiving education from a private school, qualifying provider, or home
713     school;
714          (b) applies to or otherwise affects the freedom of choice of a home school student,
715     including the curriculum, resources, developmental planning, or any other aspect of the home
716     school student's education; or
717          (c) expands the regulatory authority of the state, a state office holder, or an LEA to
718     impose any additional regulation of a qualifying provider beyond any regulation necessary to
719     administer this part.
720          (2) A qualifying provider:
721          (a) has a right to maximum freedom from unlawful governmental control in providing
722     for the educational needs of a scholarship student who attends or engages with the qualifying
723     provider; and
724          (b) is not an agent of the state by virtue of the provider's acceptance of payment from a
725     scholarship account in accordance with this part.
726          (3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section
727     53F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service
728     providers, a program manager may not require a qualifying provider to alter the qualifying
729     provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept
730     scholarship funds.

731          (4) An LEA or a school in an LEA in which a scholarship student was previously
732     enrolled shall provide to the scholarship student's parent a copy of all school records relating to
733     the student that the LEA possesses within 30 days after the day on which the LEA or school
734     receives the parent's request for the student's records, subject to:
735          (a) Title 53E, Chapter 9, Student Privacy and Data Protection; and
736          (b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
737          (5) By virtue of a scholarship student's involvement in the program and unless
738     otherwise expressly provided in statute, a scholarship student is not:
739          (a) enrolled in the public education system; or
740          (b) otherwise subject to statute, administrative rules, or other state regulations as if the
741     student was enrolled in the public education system.
742          Section 9. Section 53F-6-407 is enacted to read:
743          53F-6-407. Background checks for program manager -- Bureau responsibilities --
744     Fees.
745          (1) As used in this section:
746          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
747     within the Department of Public Safety.
748          (b) "Department" means the Department of Public Safety.
749          (c) "Division" means the Criminal Investigations and Technical Services Division
750     created in Section 53-10-103.
751          (d) "Personal identifying information" means:
752          (i) current name;
753          (ii) former names;
754          (iii) nicknames;
755          (iv) aliases;
756          (v) date of birth;
757          (vi) address;

758          (vii) telephone number;
759          (viii) driver license number or other government-issued identification number;
760          (ix) social security number; and
761          (x) fingerprints.
762          (e) "Rap back system" means a system that enables authorized entities to receive
763     ongoing status notifications of any criminal history reported on individuals whose fingerprints
764     are registered in the system.
765          (f) "WIN Database" means the Western Identification Network Database that consists
766     of eight western states sharing one electronic fingerprint database.
767          (2) The program manager shall:
768          (a) require an employee or officer of the program manager to submit to a criminal
769     background check and ongoing monitoring;
770          (b) collect the following from an employee or officer of the program manager:
771          (i) personal identifying information;
772          (ii) a fee described in Subsection (4); and
773          (iii) consent, on a form specified by the program manager, for:
774          (A) an initial fingerprint-based background check by the bureau;
775          (B) retention of personal identifying information for ongoing monitoring through
776     registration with the systems described in Subsection (3); and
777          (C) disclosure of any criminal history information to the program manager;
778          (c) submit the personal identifying information of an employee or officer of the
779     program manager to the bureau for:
780          (i) an initial fingerprint-based background check by the bureau; and
781          (ii) ongoing monitoring through registration with the systems described in Subsection
782     (3) if the results of the initial background check do not contain disqualifying criminal history
783     information as determined by the program manager;
784          (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure

785     that the program manager only receives notifications for individuals with whom the program
786     manager maintains an authorizing relationship; and
787          (e) submit the information to the bureau for ongoing monitoring through registration
788     with the systems described in Subsection (3).
789          (3) The bureau shall:
790          (a) upon request from the program manager, register the fingerprints submitted by the
791     program manager as part of a background check with the WIN Database rap back system, or
792     any successor system;
793          (b) notify the program manager when a new entry is made against an individual whose
794     fingerprints are registered with the WIN Database rap back system regarding:
795          (i) an alleged offense; or
796          (ii) a conviction, including a plea in abeyance;
797          (c) assist the program manager to identify the appropriate privacy risk mitigation
798     strategy that is to be used to ensure that the program manager only receives notifications for
799     individuals with whom the authorized entity maintains an authorizing relationship; and
800          (d) collaborate with the program manager to provide training to appropriate program
801     manager employees on the notification procedures and privacy risk mitigation strategies
802     described in this section.
803          (4) (a) The division shall impose fees that the division sets in accordance with Section
804     63J-1-504 for the fingerprint card of an employee or officer of the program manager, for a
805     name check, and to register fingerprints under this section.
806          (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
807     as a dedicated credit by the department to cover the costs incurred in providing the information.
808          Section 10. Section 53F-6-408 is enacted to read:
809          53F-6-408. Eligible schools.
810          (1) To be eligible to receive scholarship funds on behalf of a scholarship student as an
811     eligible school, a private school with 150 or more enrolled students shall:

812          (a) (i) contract with an independent licensed certified public accountant to conduct an
813     agreed upon procedures engagement as the state board adopts, or obtain an audit and report
814     that:
815          (A) a licensed independent certified public accountant conducts in accordance with
816     generally accepted auditing standards;
817          (B) presents the financial statements in accordance with generally accepted accounting
818     principles; and
819          (C) audits financial statements from within the 12 months immediately preceding the
820     audit; and
821          (ii) submit the audit report or report of the agreed upon procedure to the program
822     manager when the private school applies to receive scholarship funds;
823          (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
824          (c) provide a written disclosure to the parent of each prospective scholarship student,
825     before the student is enrolled, of:
826          (i) the education services that the school will provide to the scholarship student,
827     including the cost of the provided services;
828          (ii) tuition costs;
829          (iii) additional fees the school will require a parent to pay during the school year; and
830          (iv) the skill or grade level of the curriculum in which the prospective scholarship
831     student will participate; and
832          (d) require the following individuals to submit to a nationwide, fingerprint-based
833     criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
834     as a condition for employment or appointment, as authorized by the Adam Walsh Child
835     Protection and Safety Act of 2006, Pub. L. No. 109-248:
836          (i) an employee who does not hold:
837          (A) a current Utah educator license issued by the state board under Title 53E, Chapter
838     6, Education Professional Licensure; or

839          (B) if the private school is not physically located in Utah, a current educator license in
840     the state where the private school is physically located; and
841          (ii) a contract employee.
842          (2) A private school described in Subsection (1) is not eligible to receive scholarship
843     funds if:
844          (a) the private school requires a scholarship student to sign a contract waiving the
845     scholarship student's right to transfer to another qualifying provider during the school year;
846          (b) the audit report described in Subsection (1)(a) contains a going concern explanatory
847     paragraph; or
848          (c) the report of the agreed upon procedures described in Subsection (1)(a) shows that
849     the private school does not have adequate working capital to maintain operations for the first
850     full year.
851          (3) To be eligible to receive scholarship funds on behalf of a scholarship student as an
852     eligible school, a private school with fewer than 150 enrolled students shall:
853          (a) provide to the program manager:
854          (i) a federal employer identification number;
855          (ii) the provider's address and contact information;
856          (iii) a description of each program or service the provider proposes to offer a
857     scholarship student; and
858          (iv) any other information as required by the program manager; and
859          (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
860          (4) A private school described in Subsection (3) is not eligible to receive scholarship
861     funds if the private school requires a scholarship student to sign a contract waiving the
862     student's rights to transfer to another qualifying provider during the school year.
863          (5) To be eligible to receive scholarship funds on behalf of a scholarship student as an
864     eligible school, an LEA shall:
865          (a) provide to the program manager:

866          (i) a federal employer identification number;
867          (ii) the LEA's address and contact information;
868          (iii) a description of each program or service the LEA proposes to offer to scholarship
869     students; and
870          (iv) any other information as required by the program manager;
871          (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
872          (c) enter into an agreement with the program manager regarding the provision of
873     services to a scholarship student through which:
874          (i) the scholarship student does not enroll in the LEA;
875          (ii) in accordance with Subsection 53F-2-302(2), the LEA does not receive WPU
876     funding related to the student's participation with the LEA; and
877          (iii) the LEA and program manager ensure that a scholarship student does not
878     participate in a course or program at the LEA except in accordance with the agreement
879     described in this Subsection (5)(c) under the program.
880          (6) An LEA described in Subsection (5) is not eligible to receive scholarship funds if:
881          (a) the LEA requires a public education system scholarship student to sign a contract
882     waiving the student's rights to transfer to another qualifying provider during the school year; or
883          (b) the LEA refuses to offer services that do not require LEA enrollment to scholarship
884     students under the program.
885          (7) Residential treatment facilities licensed by the state are not eligible to receive
886     scholarship funds.
887          (8) A private school or LEA intending to receive scholarship funds shall:
888          (a) submit an application to the program manager; and
889          (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
890     scholarship student's parents in any manner except remittances or refunds to a scholarship
891     account in accordance with this part and procedures that the program manager establishes.
892          (9) The program manager shall:

893          (a) if the private school or LEA meets the eligibility requirements of this section,
894     recognize the private school or LEA as an eligible school and approve the application; and
895          (b) make available to the public a list of eligible schools approved under this section.
896          (10) A private school approved under this section that changes ownership shall:
897          (a) cease operation as an eligible school until:
898          (i) the school submits a new application to the program manager; and
899          (ii) the program manager approves the new application; and
900          (b) demonstrate that the private school continues to meet the eligibility requirements of
901     this section.
902          Section 11. Section 53F-6-409 is enacted to read:
903          53F-6-409. Eligible service providers.
904          (1) To be an eligible service provider, a private program or service:
905          (a) shall provide to the program manager:
906          (i) a federal employer identification number;
907          (ii) the provider's address and contact information;
908          (iii) a description of each program or service the provider proposes to offer directly to a
909     scholarship student; and
910          (iv) subject to Subsection (2), any other information as required by the program
911     manager;
912          (b) shall comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
913          (c) may not act as a consultant, clearing house, or intermediary that connects a
914     scholarship student with or otherwise facilitates the student's engagement with a program or
915     service that another entity provides.
916          (2) The program manager shall adopt policies that maximize the number of eligible
917     service providers, including accepting new providers throughout the school year, while
918     ensuring education programs or services provided through the program meet student needs and
919     otherwise comply with this part.

920          (3) A private program or service intending to receive scholarship funds shall:
921          (a) submit an application to the program manager; and
922          (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
923     scholarship students' parents in any manner except remittances or refunds to a scholarship
924     account in accordance with this part and procedures that the program manager establishes.
925          (4) The program manager shall:
926          (a) if the private program or service meets the eligibility requirements of this section,
927     recognize the private program or service as an eligible service provider and approve a private
928     program or service's application to receive scholarship funds on behalf of a scholarship student;
929     and
930          (b) make available to the public a list of eligible service providers approved under this
931     section.
932          (5) A private program or service approved under this section that changes ownership
933     shall:
934          (a) cease operation as an eligible service provider until:
935          (i) the program or service submits a new application to the program manager; and
936          (ii) the program manager approves the new application; and
937          (b) demonstrate that the private program or service continues to meet the eligibility
938     requirements of this section.
939          Section 12. Section 53F-6-410 is enacted to read:
940          53F-6-410. Parental rights -- Optional assessment.
941          (1) In accordance with Section 53G-6-803 regarding a parent's right to academic
942     accommodations, nothing in this chapter restricts or affects a parent's interests and role in the
943     care, custody, and control of the parent's child, including the duty and right to nurture and
944     direct the child's upbringing and education.
945          (2) (a) A parent may request that the program manager facilitate one of the following
946     assessments of the parent's scholarship student:

947          (i) a standards assessment described in Section 53E-4-303;
948          (ii) a high school assessment described in Section 53E-4-304;
949          (iii) a college readiness assessment described in Section 53E-4-305;
950          (iv) an assessment of students in grade 3 to measure reading grade level described in
951     Section 53E-4-307; or
952          (v) a nationally norm-referenced assessment.
953          (b) (i) Notwithstanding any other provision of law, the entity administering an
954     assessment described in Subsection (2)(a) to a scholarship student in accordance with this
955     section may not report the result of or any other data pertaining to the assessment or
956     scholarship student to a person other than the program manager, the scholarship student, or the
957     scholarship student's parent.
958          (ii) The program manager may not report or communicate the result or data described
959     in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the
960     scholarship student's parent unless the result or data is included in a de-identified compilation
961     of data related to all scholarship students.
962          (c) In any communication from the program manager regarding an assessment
963     described in this Subsection (2), the program manager shall include a disclaimer that no
964     assessment is required.
965          (d) The completion of an optional assessment under this section satisfies the portfolio
966     eligibility qualification described in Subsection 53F-6-402(3)(d).
967          Section 13. Section 53F-6-411 is enacted to read:
968          53F-6-411. Program funding.
969          (1) If a scholarship student enters or reenters the public education system during a
970     given school year:
971          (a) no later than five business days after the day on which the student enters or reenters
972     the public education system, the program manager shall immediately remove the balance in the
973     scholarship student's scholarship account for other use within the program;

974          (b) the state board may not distribute any remaining state funds to the program
975     manager for the student; and
976          (c) the program manager may use the balance described in Subsection (1)(a) for
977     another scholarship student.
978          (2) At the end of a school year, a program manager shall withdraw any remaining
979     scholarship funds in a scholarship account and retain the scholarship funds for disbursement in
980     the following year.
981          (3) (a) To administer the program, the program manager may use up to the lesser of 5%
982     or $2,500,000 of the funds the Legislature appropriates for the program.
983          (b) Subject to Subsection (3)(a), the funds for program administration described in
984     Subsection (3)(a) are nonlapsing.
985          (c) The program manager may not retain administrative cost balances in excess of 25%
986     of total administrative costs in any fiscal year.
987          Section 14. Section 53F-6-412 is enacted to read:
988          53F-6-412. Reports.
989          Beginning in 2025 and in accordance with Section 68-3-14 and the Family Educational
990     Rights and Privacy Act, 20 U.S.C. Sec. 1232g:
991          (1) the program manager shall submit a report on the program to the Education Interim
992     Committee no later than September 1 of each year that includes:
993          (a) the total amount of tuition and fees qualifying providers charged for the current year
994     and previous two years;
995          (b) the total amount of goods paid for with scholarship funds in the previous year and a
996     general characterization of the types of goods;
997          (c) administrative costs of the program;
998          (d) the number of scholarship students from each county and the aggregate number of
999     eligible students on the waitlist described in Section 53F-6-405;
1000          (e) the percentage of first-time scholarship students who were enrolled in a public

1001     school during the previous school year or who entered kindergarten or a higher grade for the
1002     first time in Utah;
1003          (f) the program manager's strategy and outreach efforts to reach eligible students whose
1004     family income is at or below 200% of the federal poverty level and related obstacles to
1005     enrollments;
1006          (g) in the report that the program manager submits in 2025, information on steps the
1007     program manager has taken and processes the program manager has adopted to implement the
1008     program; and
1009          (h) any other information regarding the program and the program's implementation that
1010     the committee requests; and
1011          (2) the state board shall submit a report on the cost-effectiveness of the program to the
1012     Education Interim Committee no later than September 1 of each year.
1013          Section 15. Section 53F-6-413 is enacted to read:
1014          53F-6-413. Legal proceedings.
1015          (1) In any legal proceeding against the state in which a qualifying provider challenges
1016     the application of this part to the qualifying provider, the state shall bear the burden of
1017     establishing that the law:
1018          (a) is necessary; and
1019          (b) does not impose an undue burden on the qualifying provider.
1020          (2) The following bear no liability based on the award or use of scholarship funds
1021     under this part:
1022          (a) the state;
1023          (b) the state board;
1024          (c) the program manager; or
1025          (d) an LEA.
1026          (3) If any provision of this part is the subject of a state or federal constitutional
1027     challenge in a state court, scholarship students and scholarship students' parents may intervene

1028     as a matter of right to defend the program's constitutionality, subject to any court order that all
1029     defending parents and scholarship students intervene jointly.
1030          Section 16. Section 53F-6-414 is enacted to read:
1031          53F-6-414. Severability.
1032          (1) If any provision of this part or the application of any provision of this part to any
1033     person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1034     the remaining provisions of this part remain effective without the invalidated provision or
1035     application.
1036          (2) The provisions of this part are severable.
1037          Section 17. Section 63G-2-305 is amended to read:
1038          63G-2-305. Protected records.
1039          The following records are protected if properly classified by a governmental entity:
1040          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
1041     has provided the governmental entity with the information specified in Section 63G-2-309;
1042          (2) commercial information or nonindividual financial information obtained from a
1043     person if:
1044          (a) disclosure of the information could reasonably be expected to result in unfair
1045     competitive injury to the person submitting the information or would impair the ability of the
1046     governmental entity to obtain necessary information in the future;
1047          (b) the person submitting the information has a greater interest in prohibiting access
1048     than the public in obtaining access; and
1049          (c) the person submitting the information has provided the governmental entity with
1050     the information specified in Section 63G-2-309;
1051          (3) commercial or financial information acquired or prepared by a governmental entity
1052     to the extent that disclosure would lead to financial speculations in currencies, securities, or
1053     commodities that will interfere with a planned transaction by the governmental entity or cause
1054     substantial financial injury to the governmental entity or state economy;

1055          (4) records, the disclosure of which could cause commercial injury to, or confer a
1056     competitive advantage upon a potential or actual competitor of, a commercial project entity as
1057     defined in Subsection 11-13-103(4);
1058          (5) test questions and answers to be used in future license, certification, registration,
1059     employment, or academic examinations;
1060          (6) records, the disclosure of which would impair governmental procurement
1061     proceedings or give an unfair advantage to any person proposing to enter into a contract or
1062     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
1063     Subsection (6) does not restrict the right of a person to have access to, after the contract or
1064     grant has been awarded and signed by all parties:
1065          (a) a bid, proposal, application, or other information submitted to or by a governmental
1066     entity in response to:
1067          (i) an invitation for bids;
1068          (ii) a request for proposals;
1069          (iii) a request for quotes;
1070          (iv) a grant; or
1071          (v) other similar document; or
1072          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
1073          (7) information submitted to or by a governmental entity in response to a request for
1074     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
1075     the right of a person to have access to the information, after:
1076          (a) a contract directly relating to the subject of the request for information has been
1077     awarded and signed by all parties; or
1078          (b) (i) a final determination is made not to enter into a contract that relates to the
1079     subject of the request for information; and
1080          (ii) at least two years have passed after the day on which the request for information is
1081     issued;

1082          (8) records that would identify real property or the appraisal or estimated value of real
1083     or personal property, including intellectual property, under consideration for public acquisition
1084     before any rights to the property are acquired unless:
1085          (a) public interest in obtaining access to the information is greater than or equal to the
1086     governmental entity's need to acquire the property on the best terms possible;
1087          (b) the information has already been disclosed to persons not employed by or under a
1088     duty of confidentiality to the entity;
1089          (c) in the case of records that would identify property, potential sellers of the described
1090     property have already learned of the governmental entity's plans to acquire the property;
1091          (d) in the case of records that would identify the appraisal or estimated value of
1092     property, the potential sellers have already learned of the governmental entity's estimated value
1093     of the property; or
1094          (e) the property under consideration for public acquisition is a single family residence
1095     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
1096     the property as required under Section 78B-6-505;
1097          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
1098     compensated transaction of real or personal property including intellectual property, which, if
1099     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
1100     of the subject property, unless:
1101          (a) the public interest in access is greater than or equal to the interests in restricting
1102     access, including the governmental entity's interest in maximizing the financial benefit of the
1103     transaction; or
1104          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1105     the value of the subject property have already been disclosed to persons not employed by or
1106     under a duty of confidentiality to the entity;
1107          (10) records created or maintained for civil, criminal, or administrative enforcement
1108     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if

1109     release of the records:
1110          (a) reasonably could be expected to interfere with investigations undertaken for
1111     enforcement, discipline, licensing, certification, or registration purposes;
1112          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1113     proceedings;
1114          (c) would create a danger of depriving a person of a right to a fair trial or impartial
1115     hearing;
1116          (d) reasonably could be expected to disclose the identity of a source who is not
1117     generally known outside of government and, in the case of a record compiled in the course of
1118     an investigation, disclose information furnished by a source not generally known outside of
1119     government if disclosure would compromise the source; or
1120          (e) reasonably could be expected to disclose investigative or audit techniques,
1121     procedures, policies, or orders not generally known outside of government if disclosure would
1122     interfere with enforcement or audit efforts;
1123          (11) records the disclosure of which would jeopardize the life or safety of an
1124     individual;
1125          (12) records the disclosure of which would jeopardize the security of governmental
1126     property, governmental programs, or governmental recordkeeping systems from damage, theft,
1127     or other appropriation or use contrary to law or public policy;
1128          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
1129     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1130     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1131          (14) records that, if disclosed, would reveal recommendations made to the Board of
1132     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1133     Board of Pardons and Parole, or the Department of Health and Human Services that are based
1134     on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
1135     board's jurisdiction;

1136          (15) records and audit workpapers that identify audit, collection, and operational
1137     procedures and methods used by the State Tax Commission, if disclosure would interfere with
1138     audits or collections;
1139          (16) records of a governmental audit agency relating to an ongoing or planned audit
1140     until the final audit is released;
1141          (17) records that are subject to the attorney client privilege;
1142          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1143     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1144     quasi-judicial, or administrative proceeding;
1145          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
1146     from a member of the Legislature; and
1147          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1148     legislative action or policy may not be classified as protected under this section; and
1149          (b) (i) an internal communication that is part of the deliberative process in connection
1150     with the preparation of legislation between:
1151          (A) members of a legislative body;
1152          (B) a member of a legislative body and a member of the legislative body's staff; or
1153          (C) members of a legislative body's staff; and
1154          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1155     legislative action or policy may not be classified as protected under this section;
1156          (20) (a) records in the custody or control of the Office of Legislative Research and
1157     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1158     legislation or contemplated course of action before the legislator has elected to support the
1159     legislation or course of action, or made the legislation or course of action public; and
1160          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1161     Office of Legislative Research and General Counsel is a public document unless a legislator
1162     asks that the records requesting the legislation be maintained as protected records until such

1163     time as the legislator elects to make the legislation or course of action public;
1164          (21) research requests from legislators to the Office of Legislative Research and
1165     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1166     in response to these requests;
1167          (22) drafts, unless otherwise classified as public;
1168          (23) records concerning a governmental entity's strategy about:
1169          (a) collective bargaining; or
1170          (b) imminent or pending litigation;
1171          (24) records of investigations of loss occurrences and analyses of loss occurrences that
1172     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1173     Uninsured Employers' Fund, or similar divisions in other governmental entities;
1174          (25) records, other than personnel evaluations, that contain a personal recommendation
1175     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1176     personal privacy, or disclosure is not in the public interest;
1177          (26) records that reveal the location of historic, prehistoric, paleontological, or
1178     biological resources that if known would jeopardize the security of those resources or of
1179     valuable historic, scientific, educational, or cultural information;
1180          (27) records of independent state agencies if the disclosure of the records would
1181     conflict with the fiduciary obligations of the agency;
1182          (28) records of an institution within the state system of higher education defined in
1183     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1184     retention decisions, and promotions, which could be properly discussed in a meeting closed in
1185     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1186     the final decisions about tenure, appointments, retention, promotions, or those students
1187     admitted, may not be classified as protected under this section;
1188          (29) records of the governor's office, including budget recommendations, legislative
1189     proposals, and policy statements, that if disclosed would reveal the governor's contemplated

1190     policies or contemplated courses of action before the governor has implemented or rejected
1191     those policies or courses of action or made them public;
1192          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1193     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1194     recommendations in these areas;
1195          (31) records provided by the United States or by a government entity outside the state
1196     that are given to the governmental entity with a requirement that they be managed as protected
1197     records if the providing entity certifies that the record would not be subject to public disclosure
1198     if retained by it;
1199          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1200     public body except as provided in Section 52-4-206;
1201          (33) records that would reveal the contents of settlement negotiations but not including
1202     final settlements or empirical data to the extent that they are not otherwise exempt from
1203     disclosure;
1204          (34) memoranda prepared by staff and used in the decision-making process by an
1205     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1206     other body charged by law with performing a quasi-judicial function;
1207          (35) records that would reveal negotiations regarding assistance or incentives offered
1208     by or requested from a governmental entity for the purpose of encouraging a person to expand
1209     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1210     person or place the governmental entity at a competitive disadvantage, but this section may not
1211     be used to restrict access to a record evidencing a final contract;
1212          (36) materials to which access must be limited for purposes of securing or maintaining
1213     the governmental entity's proprietary protection of intellectual property rights including patents,
1214     copyrights, and trade secrets;
1215          (37) the name of a donor or a prospective donor to a governmental entity, including an
1216     institution within the state system of higher education defined in Section 53B-1-102, and other

1217     information concerning the donation that could reasonably be expected to reveal the identity of
1218     the donor, provided that:
1219          (a) the donor requests anonymity in writing;
1220          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1221     classified protected by the governmental entity under this Subsection (37); and
1222          (c) except for an institution within the state system of higher education defined in
1223     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1224     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
1225     over the donor, a member of the donor's immediate family, or any entity owned or controlled
1226     by the donor or the donor's immediate family;
1227          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
1228     73-18-13;
1229          (39) a notification of workers' compensation insurance coverage described in Section
1230     34A-2-205;
1231          (40) (a) the following records of an institution within the state system of higher
1232     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1233     or received by or on behalf of faculty, staff, employees, or students of the institution:
1234          (i) unpublished lecture notes;
1235          (ii) unpublished notes, data, and information:
1236          (A) relating to research; and
1237          (B) of:
1238          (I) the institution within the state system of higher education defined in Section
1239     53B-1-102; or
1240          (II) a sponsor of sponsored research;
1241          (iii) unpublished manuscripts;
1242          (iv) creative works in process;
1243          (v) scholarly correspondence; and

1244          (vi) confidential information contained in research proposals;
1245          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
1246     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1247          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1248          (41) (a) records in the custody or control of the Office of the Legislative Auditor
1249     General that would reveal the name of a particular legislator who requests a legislative audit
1250     prior to the date that audit is completed and made public; and
1251          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1252     Office of the Legislative Auditor General is a public document unless the legislator asks that
1253     the records in the custody or control of the Office of the Legislative Auditor General that would
1254     reveal the name of a particular legislator who requests a legislative audit be maintained as
1255     protected records until the audit is completed and made public;
1256          (42) records that provide detail as to the location of an explosive, including a map or
1257     other document that indicates the location of:
1258          (a) a production facility; or
1259          (b) a magazine;
1260          (43) information contained in the statewide database of the Division of Aging and
1261     Adult Services created by Section 62A-3-311.1;
1262          (44) information contained in the Licensing Information System described in Title 80,
1263     Chapter 2, Child Welfare Services;
1264          (45) information regarding National Guard operations or activities in support of the
1265     National Guard's federal mission;
1266          (46) records provided by any pawn or secondhand business to a law enforcement
1267     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
1268     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
1269          (47) information regarding food security, risk, and vulnerability assessments performed
1270     by the Department of Agriculture and Food;

1271          (48) except to the extent that the record is exempt from this chapter pursuant to Section
1272     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1273     prepared or maintained by the Division of Emergency Management, and the disclosure of
1274     which would jeopardize:
1275          (a) the safety of the general public; or
1276          (b) the security of:
1277          (i) governmental property;
1278          (ii) governmental programs; or
1279          (iii) the property of a private person who provides the Division of Emergency
1280     Management information;
1281          (49) records of the Department of Agriculture and Food that provides for the
1282     identification, tracing, or control of livestock diseases, including any program established under
1283     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1284     of Animal Disease;
1285          (50) as provided in Section 26-39-501:
1286          (a) information or records held by the Department of Health and Human Services
1287     related to a complaint regarding a child care program or residential child care which the
1288     department is unable to substantiate; and
1289          (b) information or records related to a complaint received by the Department of Health
1290     and Human Services from an anonymous complainant regarding a child care program or
1291     residential child care;
1292          (51) unless otherwise classified as public under Section 63G-2-301 and except as
1293     provided under Section 41-1a-116, an individual's home address, home telephone number, or
1294     personal mobile phone number, if:
1295          (a) the individual is required to provide the information in order to comply with a law,
1296     ordinance, rule, or order of a government entity; and
1297          (b) the subject of the record has a reasonable expectation that this information will be

1298     kept confidential due to:
1299          (i) the nature of the law, ordinance, rule, or order; and
1300          (ii) the individual complying with the law, ordinance, rule, or order;
1301          (52) the portion of the following documents that contains a candidate's residential or
1302     mailing address, if the candidate provides to the filing officer another address or phone number
1303     where the candidate may be contacted:
1304          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1305     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
1306     20A-9-408.5, 20A-9-502, or 20A-9-601;
1307          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1308          (c) a notice of intent to gather signatures for candidacy, described in Section
1309     20A-9-408;
1310          (53) the name, home address, work addresses, and telephone numbers of an individual
1311     that is engaged in, or that provides goods or services for, medical or scientific research that is:
1312          (a) conducted within the state system of higher education, as defined in Section
1313     53B-1-102; and
1314          (b) conducted using animals;
1315          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1316     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
1317     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
1318     information disclosed under Subsection 78A-12-203(5)(e);
1319          (55) information collected and a report prepared by the Judicial Performance
1320     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
1321     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1322     the information or report;
1323          (56) records provided or received by the Public Lands Policy Coordinating Office in
1324     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;

1325          (57) information requested by and provided to the 911 Division under Section
1326     63H-7a-302;
1327          (58) in accordance with Section 73-10-33:
1328          (a) a management plan for a water conveyance facility in the possession of the Division
1329     of Water Resources or the Board of Water Resources; or
1330          (b) an outline of an emergency response plan in possession of the state or a county or
1331     municipality;
1332          (59) the following records in the custody or control of the Office of Inspector General
1333     of Medicaid Services, created in Section 63A-13-201:
1334          (a) records that would disclose information relating to allegations of personal
1335     misconduct, gross mismanagement, or illegal activity of a person if the information or
1336     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1337     through other documents or evidence, and the records relating to the allegation are not relied
1338     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1339     report or final audit report;
1340          (b) records and audit workpapers to the extent they would disclose the identity of a
1341     person who, during the course of an investigation or audit, communicated the existence of any
1342     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1343     regulation adopted under the laws of this state, a political subdivision of the state, or any
1344     recognized entity of the United States, if the information was disclosed on the condition that
1345     the identity of the person be protected;
1346          (c) before the time that an investigation or audit is completed and the final
1347     investigation or final audit report is released, records or drafts circulated to a person who is not
1348     an employee or head of a governmental entity for the person's response or information;
1349          (d) records that would disclose an outline or part of any investigation, audit survey
1350     plan, or audit program; or
1351          (e) requests for an investigation or audit, if disclosure would risk circumvention of an

1352     investigation or audit;
1353          (60) records that reveal methods used by the Office of Inspector General of Medicaid
1354     Services, the fraud unit, or the Department of Health and Human Services, to discover
1355     Medicaid fraud, waste, or abuse;
1356          (61) information provided to the Department of Health and Human Services or the
1357     Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
1358     58-68-304(3) and (4);
1359          (62) a record described in Section 63G-12-210;
1360          (63) captured plate data that is obtained through an automatic license plate reader
1361     system used by a governmental entity as authorized in Section 41-6a-2003;
1362          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
1363     victim, including:
1364          (a) a victim's application or request for benefits;
1365          (b) a victim's receipt or denial of benefits; and
1366          (c) any administrative notes or records made or created for the purpose of, or used to,
1367     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1368     Reparations Fund;
1369          (65) an audio or video recording created by a body-worn camera, as that term is
1370     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
1371     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1372     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1373     that term is defined in Section 62A-2-101, except for recordings that:
1374          (a) depict the commission of an alleged crime;
1375          (b) record any encounter between a law enforcement officer and a person that results in
1376     death or bodily injury, or includes an instance when an officer fires a weapon;
1377          (c) record any encounter that is the subject of a complaint or a legal proceeding against
1378     a law enforcement officer or law enforcement agency;

1379          (d) contain an officer involved critical incident as defined in Subsection
1380     76-2-408(1)(f); or
1381          (e) have been requested for reclassification as a public record by a subject or
1382     authorized agent of a subject featured in the recording;
1383          (66) a record pertaining to the search process for a president of an institution of higher
1384     education described in Section 53B-2-102, except for application materials for a publicly
1385     announced finalist;
1386          (67) an audio recording that is:
1387          (a) produced by an audio recording device that is used in conjunction with a device or
1388     piece of equipment designed or intended for resuscitating an individual or for treating an
1389     individual with a life-threatening condition;
1390          (b) produced during an emergency event when an individual employed to provide law
1391     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1392          (i) is responding to an individual needing resuscitation or with a life-threatening
1393     condition; and
1394          (ii) uses a device or piece of equipment designed or intended for resuscitating an
1395     individual or for treating an individual with a life-threatening condition; and
1396          (c) intended and used for purposes of training emergency responders how to improve
1397     their response to an emergency situation;
1398          (68) records submitted by or prepared in relation to an applicant seeking a
1399     recommendation by the Research and General Counsel Subcommittee, the Budget
1400     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1401     employment position with the Legislature;
1402          (69) work papers as defined in Section 31A-2-204;
1403          (70) a record made available to Adult Protective Services or a law enforcement agency
1404     under Section 61-1-206;
1405          (71) a record submitted to the Insurance Department in accordance with Section

1406     31A-37-201;
1407          (72) a record described in Section 31A-37-503;
1408          (73) any record created by the Division of Professional Licensing as a result of
1409     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1410          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
1411     involving an amusement ride;
1412          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
1413     on a political petition, or on a request to withdraw a signature from a political petition,
1414     including a petition or request described in the following titles:
1415          (a) Title 10, Utah Municipal Code;
1416          (b) Title 17, Counties;
1417          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
1418          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1419          (e) Title 20A, Election Code;
1420          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
1421     a voter registration record;
1422          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
1423     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
1424     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1425          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
1426     5, Victims Guidelines for Prosecutors Act;
1427          (79) a record submitted to the Insurance Department under Section 31A-48-103;
1428          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1429     prohibited under Section 63G-26-103;
1430          (81) an image taken of an individual during the process of booking the individual into
1431     jail, unless:
1432          (a) the individual is convicted of a criminal offense based upon the conduct for which

1433     the individual was incarcerated at the time the image was taken;
1434          (b) a law enforcement agency releases or disseminates the image:
1435          (i) after determining that the individual is a fugitive or an imminent threat to an
1436     individual or to public safety and releasing or disseminating the image will assist in
1437     apprehending the individual or reducing or eliminating the threat; or
1438          (ii) to a potential witness or other individual with direct knowledge of events relevant
1439     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
1440     individual in connection with the criminal investigation or criminal proceeding; or
1441          (c) a judge orders the release or dissemination of the image based on a finding that the
1442     release or dissemination is in furtherance of a legitimate law enforcement interest;
1443          (82) a record:
1444          (a) concerning an interstate claim to the use of waters in the Colorado River system;
1445          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1446     representative from another state or the federal government as provided in Section
1447     63M-14-205; and
1448          (c) the disclosure of which would:
1449          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
1450     Colorado River system;
1451          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1452     negotiate the best terms and conditions regarding the use of water in the Colorado River
1453     system; or
1454          (iii) give an advantage to another state or to the federal government in negotiations
1455     regarding the use of water in the Colorado River system;
1456          (83) any part of an application described in Section 63N-16-201 that the Governor's
1457     Office of Economic Opportunity determines is nonpublic, confidential information that if
1458     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
1459     not be used to restrict access to a record evidencing a final contract or approval decision;

1460          (84) the following records of a drinking water or wastewater facility:
1461          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
1462     and
1463          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1464     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
1465     in Subsection (84)(a); [and]
1466          (85) a statement that an employee of a governmental entity provides to the
1467     governmental entity as part of the governmental entity's personnel or administrative
1468     investigation into potential misconduct involving the employee if the governmental entity:
1469          (a) requires the statement under threat of employment disciplinary action, including
1470     possible termination of employment, for the employee's refusal to provide the statement; and
1471          (b) provides the employee assurance that the statement cannot be used against the
1472     employee in any criminal proceeding[.]; and
1473          (86) any part of an application for a Utah Fits All Scholarship account described in
1474     Section 53F-6-402 or other information identifying a scholarship student as defined in Section
1475     53F-6-401.
1476          Section 18. Repealer.
1477          This bill repeals:
1478          Section 53F-6-101, Title.
1479          Section 19. Appropriation.
1480          The following sums of money are appropriated for the fiscal year beginning July 1,
1481     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
1482     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1483     Act, the Legislature appropriates the following sums of money from the funds or accounts
1484     indicated for the use and support of the government of the state of Utah.
1485     ITEM 1
1486     To State Board of Education -- Contracted Initiatives and Grants

1487          From Income Tax Fund
42,500,000

1488          From Income Tax Fund, One-time
(41,500,000)

1489          Schedule of Programs:
1490               Utah Fits All Scholarship Program               1,000,000
1491          The Legislature intends that in fiscal year 2024, the State Board of Education may
1492     provide up to $1,000,000 to a program manager with which the State Board of Education
1493     contracts in accordance with Section 53F-6-404 for start-up, marketing, and other costs
1494     associated with initiating the Utah Fits All Scholarship Program created in Section 53F-6-402.