R277. Education, Administration.
R277-602. Carson Smith Scholarships -- Funding and Procedures.
R277-602-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision of the public school system under the Board;
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and
(c) Section 53F-4-305, which authorizes the Board to make rules establishing:
(i) the eligibility of students to participate in the scholarship program; and
(ii) the application process for the scholarship program.
(2) The purpose of this rule is to:
(a) outline responsibilities of a parent, an LEA, an eligible private school, and the Board in providing choice for a parent of a special needs student who chooses to have a student served in a private school; and
(b) provide accountability for the citizenry in the administration and distribution of the scholarship funds.
R277-602-2. Definitions.
(1) "Appeal" means an opportunity to discuss or contest a final administrative decision consistent with and expressly limited to the procedures of this rule.
(2) "Appeals Committee" means a committee comprised of:
(a) the Carson Smith Scholarship coordinator;
(b) the Board's Special Education Director;
(c) one individual appointed by the Superintendent; and
(d) two Board-designated special education advocates.
(3) "Assessment" means a formal testing procedure carried out under prescribed and uniform conditions that measures a student's academic progress, consistent with Subsection 53F-4-303(1)(f).
(4) "Assessment team" means the individuals designated under Subsection 53F-4-301(1).
(5) "Days" means school days unless specifically designated otherwise in this rule.
(6) "Eligible student" means a student who meets the qualifications described in Section 53F-4-302.
(7) "Enrollment" means that:
(a) the student has completed the school enrollment process;
(b) the school maintains required student enrollment information and documentation of age eligibility;
(c) the student is scheduled to receive services at the school;
(d) the student attends regularly; and
(e) the school has accepted the student consistent with Rule R277-419 and the student's IEP.
(8) "Private school that has previously served a student with a disability" means a school that:
(a) has enrolled a student within the last three years under the Carson Smith Scholarship program;
(b) has enrolled a student within the last three years who has received special education services under an Individual Services Plan (ISP) from an LEA where the school is geographically located; or
(c) can provide other evidence to the Board that is determinative of having enrolled a student with a disability within the last three years.
(9) "Warrant" means payment by check to a private school.
R277-602-3. Parent Responsibilities and Payment Provisions.
(1) To receive a scholarship, a parent of a student shall submit an application by the deadline described in Subsection 53F-4-302(4), on a form specified by the Superintendent to:
(a) the LEA that the student is or was enrolled in; or
(b) if the student was not enrolled in an LEA in the school year prior to the school year in which the scholarship is sought, the school district that is responsible for the education of the student under the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1414.
(2) Along with the application described in Subsection (1), a parent shall submit documentation that:
(a) the parent is a resident of the state;
(b) the student is at least three years of age before September 2 of the year of enrollment;
(c) the student is not more than 21 years of age and has not graduated from high school; and
(d) the student has official acceptance at an eligible private school, as described in Section 53F-4-303.
(3) Any intentional falsification, misinformation, or incomplete information provided on the application may result in the cancellation of the scholarship to the student and non-payment to the private school.
(4)(a) The Superintendent shall make a scholarship payment in accordance with Section 53F-4-304 and this rule.
(b) The Superintendent may distribute a scholarship payment to a private school through electronic transfer after the Superintendent is able to verify the scholarship student's attendance at the private school through a Board provided software application.
(5)(a) A parent shall notify the Board in writing within five days if the student does not continue in enrollment in an eligible private school for any reason, including: