§ 53E-7-406 — Qualifying school or qualifying provider regulatory autonomy -- Home school autonomy -- Student records -- Scholarship student status.

Utah § 53E-7-406

• Jurisdiction: Utah
• Title 53E: Public Education System -- State Administration
• Ch. 53E-7: Special Education
• Part 53E-7-4: Carson Smith Opportunity Scholarship

Text

(1) Nothing in this part:
(1)(a) except as expressly described in this part, grants additional authority to any state agency or LEA to regulate or control:
(1)(a)(i) a qualifying school, qualifying provider, or home school; or
(1)(a)(ii) students receiving education from a qualifying school, qualifying provider, or home school;
(1)(b) applies to or otherwise affects the freedom of choice of an out-of-program home school student, including the curriculum, resources, developmental planning, or any other aspect of the out-of-program home school student's education; or
(1)(c) expands the regulatory authority of the state, a state office holder, or an LEA to impose any additional regulation of a qualifying school or qualifying provider beyond any regulation necessary to administer this part.
(2) A qualifying school or qualifying provider:
(2)(a) has a right to maximum freedom from unlawful governmental control in providing for the educational needs of a scholarship student who attends or engages with the qualifying school or qualifying provider; and
(2)(b) is not an agent of the state by virtue of the provider's acceptance of payment from a scholarship account in accordance with this part.
(3) Except as provided in Section 53E-7-403 regarding qualifying schools or qualifying providers, Section 53E-7-408 regarding eligible schools, or Section 53E-7-408.5 regarding eligible service providers, a scholarship granting organization may not require a qualifying provider to alter the qualifying provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept scholarship funds.
(4) An LEA or a school in an LEA in which a scholarship student was previously enrolled shall provide to the scholarship student's parent a copy of all school records relating to the student that the LEA possesses within 30 days after the day on which the LEA or school receives the parent's request for the student's records, subject to:
(4)(a) Title 53E, Chapter 9, Student Privacy and Data Protection; and
(4)(b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
(5) By virtue of a scholarship student's involvement in the program and unless otherwise expressly provided in statute, a scholarship student is not:
(5)(a) enrolled in the public education system; or
(5)(b) otherwise subject to statute, administrative rules, or other state regulations as if the student was enrolled in the public education system.

Legislative History

Amended by Chapter 466, 2024 General Session