§ 53A-1a-804. Scholarship program created -- Qualifications -- Application.

(1) The Parent Choice in Education Program is created to award scholarships to students to attend a private school.

(2) To qualify for a scholarship under this part:

(a) the student's custodial parent or legal guardian shall reside within Utah;

(b) the student shall be at least five years of age before September 2 of the year in which admission to a private school is sought and under 19 years of age on the last day of the school year as determined by the private school, or, if the individual has not graduated from high school, will be under 22 years of age on the last day of the school year as determined by the private school;

(c) the student shall meet one or more of the following criteria:

(i) the student was born after September 1, 2001;

(ii) the student was enrolled as a full-time student in a Utah public school on January 1, 2007;

(iii) the individual was not a Utah resident on January 1, 2007; or

(iv) the student's parents had an annual income less than or equal to 100% of the income eligibility guideline in the calendar year immediately preceding the school year for which a scholarship is sought; and

(d) the student may not be a recipient of a scholarship awarded under Chapter 1a, Part 7, Carson Smith Scholarships for Students with Special Needs Act.

(3)

(a) To receive a scholarship, the parent of a student shall submit an application for the scholarship to the board by the June 1 preceding the school year for which a scholarship is sought, except the deadline for submitting an application for the 2007-08 school year is July 15, 2007. Along with the application, the student's parent shall submit documentation verifying income as required by board rule.

(b) The board may waive the application deadline.

(4) The board shall award scholarships by the July 1 preceding the school year for which a scholarship is sought, except the deadline for awarding scholarships for the 2007-08 school year is August 15, 2007.

(5)

(a) The scholarship application form shall contain the following statement:
     "I acknowledge that:
     (1) A private school may not provide the same level of services that are provided in a public school.
     (2) The private school in which I have chosen to enroll my child has disclosed to me the teaching credentials of the school's teachers and the school's accreditation status.
     (3) I will assume full financial responsibility for the education of my scholarship student if I accept this scholarship.
     (4) Acceptance of this scholarship has the same effect as a parental refusal to consent to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq."

(b) Upon acceptance of the scholarship, the parent assumes full financial responsibility for the education of the scholarship student for the period in which the student receives the scholarship, including costs associated with transportation.

(c) Acceptance of a scholarship has the same effect as a parental refusal to consent to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.

(6) A student's parent, at any time, may remove the student from a private school and place the student in another eligible private school and retain the scholarship.

Enacted by Chapter 30, 2007 General Session