§ 53E-7-405 — Program donations -- Scholarship granting organization requirements -- Legislative appropriations.

(1) A person that makes a donation to a scholarship granting organization to help fund scholarships through the program may be eligible to receive a nonrefundable tax credit as described in Sections 59-7-625 and 59-10-1041.
(2) In accordance with Section 53E-7-404, an organization may enter into an agreement with the state board to be a scholarship granting organization.
(3) A scholarship granting organization shall:
(3)(a) accept program donations and allow a person that makes a program donation to designate a qualifying school or qualifying provider to which the donation shall be directed for scholarships;
(3)(b) adopt an application process in accordance with Subsection (5);
(3)(c) review scholarship applications and determine scholarship awards;
(3)(d) allocate scholarship money to a scholarship student's parent or, on the parent's behalf, to a qualifying school or qualifying provider in which the scholarship student is enrolled or participates;
(3)(e) adopt a process, with state board approval, that allows a parent to use a scholarship to pay for a nontuition scholarship expense for the scholarship student;
(3)(f) ensure that during the state fiscal year:
(3)(f)(i) at least 92% of the scholarship granting organization's revenue from program donations and other funding sources are spent on scholarships;
(3)(f)(ii) up to 5% of the scholarship granting organization's revenue from program donations and other funding sources are spent on administration of the program;
(3)(f)(iii) up to 3% of the scholarship granting organization's revenue from program donations and other funding sources are spent on marketing and fundraising costs; and
(3)(f)(iv) all revenue from interest or investments is spent on scholarships;
(3)(g) carry forward no more than 60% of the scholarship granting organization's funds, less funds for a scholarship that has been awarded, and funds expended for administration and marketing, from the state fiscal year in which the scholarship granting organization received the funds to the following state fiscal year;
(3)(h) at the end of a state fiscal year, remit to the state treasurer donation amounts greater than the amount described in Subsection (3)(g);
(3)(i) prohibit a scholarship granting organization employee or officer from handling, managing, or processing program donations or other funds, if, based on a criminal background check conducted by the state board in accordance with Section 53E-7-404, the state board identifies the employee or officer as posing a risk to the appropriate use of program donations or other funds;
(3)(j) ensure that a scholarship can be transferred during the school year to a different qualifying school or qualifying provider that accepts the scholarship student;
(3)(k) report to the state board on or before November 1 of each year the following information, prepared by a certified public accountant:
(3)(k)(i) the name and address of the scholarship granting organization;
(3)(k)(ii) the total number and total dollar amount of program donations and other funding sources that the scholarship granting organization received during the previous calendar year;
(3)(k)(iii) (3)(k)(iii)(A) the total number and total dollar amount of scholarships the scholarship granting organization awarded during the previous state fiscal year to eligible students described in Subsection 53E-7-401(2)(a); and
(3)(k)(iii)(B) the total number and total dollar amount of scholarships the scholarship granting organization awarded during the previous state fiscal year to eligible students described in Subsection 53E-7-401(2)(b); and
(3)(k)(iv) the percentage of first-time scholarship recipients who were enrolled in a public school during the previous school year or who entered kindergarten or a higher grade for the first time in Utah;
(3)(l) issue tax credit certificates as described in Section 53E-7-407; and
(3)(m) (3)(m)(i) require a parent to notify a scholarship granting organization if the parent's scholarship recipient:
(3)(m)(i)(A) receives scholarship money for tuition expenses; and
(3)(m)(i)(B) does not have continuing enrollment and attendance at a qualifying school; or
(3)(m)(ii) has transitioned to be a home-based student.
(4) The state treasurer shall deposit the money described in Subsection (3)(h) into the Income Tax Fund.
(5) (5)(a) An application for a scholarship shall contain an acknowledgment by the applicant's parent that the qualifying school or qualifying provider selected by the parent for the applicant to attend or participate in using a scholarship is capable of providing the level of disability services required for the student.
(5)(b) A scholarship application form shall contain the following statement: "I acknowledge that:(1) A private school may not provide the same level of disability services that are provided in a public school;(2) I will assume full financial responsibility for the education of my scholarship recipient if I accept this scholarship;(3) Acceptance of this scholarship has the same effect as a parental refusal to consent to services as described in 24 C.F.R. Sec. 300.300, issued under the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and(4) My child may return to a public school at any time."
(5)(c) Upon acceptance of a scholarship, the parent assumes full financial responsibility for the education of the scholarship recipient.
(5)(d) Acceptance of a scholarship has the same effect as a parental refusal to consent to services as described in 24 C.F.R. Sec. 300.300, issued under the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(5)(e) The creation of the program or granting of a scholarship does not:
(5)(e)(i) imply that a public school did not provide a free and appropriate public education for a student; or
(5)(e)(ii) constitute a waiver or admission by the state.
(6) A scholarship granting organization shall demonstrate the scholarship granting organization's financial accountability by annually submitting to the state board a financial information report that:
(6)(a) complies with the uniform financial accounting standards described in Section 53E-7-404; and
(6)(b) is prepared by a certified public accountant.
(7) (7)(a) If a scholarship granting organization allocates $500,000 or more in scholarships annually through the program, the scholarship granting organization shall:
(7)(a)(i) contract for an annual audit, conducted by a certified public accountant who is independent from:
(7)(a)(i)(A) the scholarship granting organization; and
(7)(a)(i)(B) the scholarship granting organization's accounts and records pertaining to program donations and other funding sources; and
(7)(a)(ii) in accordance with Subsection (7)(b), report the results of the audit to the state board for review.
(7)(b) For the report described in Subsection (7)(a)(ii), the scholarship granting organization shall:
(7)(b)(i) include the scholarship granting organization's financial statements in a format that meets generally accepted accounting standards; and
(7)(b)(ii) submit the report to the state board no later than November 1.
(7)(c) The certified public accountant shall conduct an audit described in Subsection (7)(a)(i) in accordance with generally accepted auditing standards and rules made by the state board.
(7)(d) (7)(d)(i) The state board shall review a report submitted under this section and may request that the scholarship granting organization revise or supplement the report if the report is not in compliance with the provisions of this Subsection (7) or rules adopted by the state board.
(7)(d)(ii) A scholarship granting organization shall provide a revised report or supplement to the report no later than 45 days after the day on which the state board makes a request described in Subsection (7)(d)(i).
(8) (8)(a) A scholarship granting organization may not allocate scholarship money to a qualifying school or qualifying provider if:
(8)(a)(i) the scholarship granting organization determines that the qualifying school or qualifying provider intentionally or substantially misrepresented information on overpayment;
(8)(a)(ii) the qualifying school or qualifying provider fails to refund an overpayment in a timely manner; or
(8)(a)(iii) the qualifying school or qualifying provider routinely fails to provide scholarship recipients with promised educational goods or services.
(8)(b) A scholarship granting organization shall notify a scholarship recipient if the scholarship granting organization stops allocation of the recipient's scholarship money to a qualifying school or qualifying provider under Subsection (8)(a).
(9) If a scholarship recipient transfers to another qualifying school or qualifying provider during the school year, the scholarship granting organization may prorate scholarship money between the qualifying schools or qualifying providers according to the time the scholarship recipient spends at each school or each provider.
(10) A scholarship granting organization may not:
(10)(a) award a scholarship to a relative of the scholarship granting organization's officer; or
(10)(b) allocate scholarship money to a qualifying school or qualifying provider at which the scholarship recipient has a relative who is an officer or an administrator of the qualifying school or qualifying provider.
(11) The Legislature may appropriate funds to the board to be distributed in an equal amount to each scholarship granting organization for the same purposes program donations are used.

Legislative History

Amended by Chapter 466, 2024 General Session