Utah § 53F-6-413 Legal proceedings.

Utah Statutes

§ 53F-6-413 — Legal proceedings.

Utah § 53F-6-413

Title 53FPublic Education System -- Funding

Ch. 53F-6State Funding -- Programs Administered by Other Agencies

Part 53F-6-4Utah Fits All Scholarship Program

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Bluebook

Utah Code Ann. § 53F-6-413 (2026).

Text

(1)In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:

(1)(a) is necessary; and

(1)(b) does not impose an undue burden on the qualifying provider.

(2)The following bear no liability based on the award or use of scholarship funds under this part:

(2)(a) the state;

(2)(b) the state board;

(2)(c) the program manager; or

(2)(d) an LEA.

(3)If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and schola

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(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:

(1)(a) is necessary; and
(1)(b) does not impose an undue burden on the qualifying provider.
(2) The following bear no liability based on the award or use of scholarship funds under this part:

(2)(a) the state;
(2)(b) the state board;
(2)(c) the program manager; or
(2)(d) an LEA.
(3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.