§ 53E-7-402 — Carson Smith Opportunity Scholarship Program.

(1) There is established the Carson Smith Opportunity Scholarship Program under which a parent may apply to a scholarship granting organization on behalf of the parent's student for a scholarship to help cover the cost of a scholarship expense.
(2) (2)(a) A scholarship granting organization shall award, in accordance with this part, scholarships to eligible students.
(2)(b) In awarding scholarships, a scholarship granting organization shall give priority to an eligible student described in Subsection 53E-7-401(1)(a) by:
(2)(b)(i) establishing an August 10 deadline for an eligible student described in Subsection 53E-7-401(1)(b) to apply for a scholarship; and
(2)(b)(ii) awarding a scholarship to an eligible student described in Subsection 53E-7-401(2)(b) only if funds exist after awarding scholarships to all eligible students described in Subsection 53E-7-401(2)(a) who have applied and qualify.
(2)(c) Subject to available funds, a scholarship awarded to an eligible student described in Subsection 53E-7-401(2)(b) shall be for a similar term as a scholarship awarded to the eligible student's sibling.
(3) A scholarship granting organization shall determine a full-year scholarship award to pay for the cost of one or more scholarship expenses in an amount not more than:
(3)(a) for an eligible student described in Subsection 53E-7-401(2)(a) who is:
(3)(a)(i) in kindergarten through grade 12 and whose family income is:
(3)(a)(i)(A) at or below 185% of the federal poverty level, the value of the weighted pupil unit multiplied by 2.5;
(3)(a)(i)(B) except as provided in Subsection (3)(a)(i)(C), above 185% of the federal poverty level, the value of the weighted pupil unit multiplied by two; or
(3)(a)(i)(C) above 185% of the federal poverty level and the eligible student would have received an average of 180 minutes per day or more of special education services in a public school before transferring to a private school, the value of the weighted pupil unit multiplied by 2.5; or
(3)(a)(ii) in preschool, the value of the weighted pupil unit; or
(3)(b) for an eligible student described in Subsection 53E-7-401(2)(b), half the value of the weighted pupil unit.
(4) Eligibility for a scholarship as determined by a multidisciplinary evaluation team under this program does not establish eligibility for an IEP under the Individuals with Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not binding on any LEA that is required to provide an IEP under the Individuals with Disabilities Education Act.
(5) The scholarship granting organizations shall prepare and disseminate information on the program to a parent applying for a scholarship on behalf of a student.

Legislative History

Amended by Chapter 466, 2024 General Session