Utah House Bill HB0215 Introduced / Bill

                    H.B. 215
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Curtis  6
6   01-16-23 3:37 PM    6
H.B. 215
1 FUNDING FOR TEACHER SALARI ES AND OPTIONAL
2	EDUCATION OPPORTUNITIES
3	2023 GENERAL SESSION
4	STATE OF UTAH
5	Chief Sponsor:  Candice B. Pierucci
6	Senate Sponsor: ____________
7 
8LONG TITLE
9General Description:
10 This bill establishes the Utah Fits All Scholarship Program and provides funding for the
11program and a doubling of a teacher salary supplement.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <establishes the Utah Fits All Scholarship Program (program);
16 <requires a program manager and the State Board of Education (state board) to
17submit reports on the program to the Public Education Interim Committee;
18 <includes the program in a list of programs for which the Legislature applies an
19inflationary factor in determining the cost of ongoing appropriations annually;
20 <amends the Teacher Salary Supplement Program to provide increased salary
21supplements for teachers within local education agencies that offer services to
22eligible students under the program;
23 <requires the state board to contract with, no later than October 1, 2023, a program
24manager to administer the program;
25 <authorizes the contracted program manager to establish scholarship accounts on
26behalf of eligible students to pay for approved education goods and services starting
27in the 2024-2025 school year;
*HB0215* H.B. 215	01-16-23 3:37 PM
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28 <prohibits a program manager from accepting scholarship funds in certain
29circumstances and requires other fiscal safeguards, auditing, and accountability
30measures;
31 <requires eligible schools and service providers to meet certain standards to be
32eligible to receive scholarship funds;
33 <authorizes the program manager to administer the program, receive donations to the
34program, and distribute scholarship funds;
35 <requires the state board to provide limited oversight of the program manager,
36including an appeal process for the program manager's administrative decisions;
37 <prohibits certain regulations of eligible schools and eligible service providers;
38 <requires background checks for employees and officers of a program manager;
39 <enacts program funding provisions;
40 <classifies scholarship student's and scholarship account information as protected
41records; and
42 <makes technical and conforming changes.
43Money Appropriated in this Bill:
44 None
45Other Special Clauses:
46 This bill provides a special effective date.
47Utah Code Sections Affected:
48AMENDS:
49 53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
50354, and 461
51 53F-2-208, as last amended by Laws of Utah 2022, Chapter 1
52 53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
53 63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
54335, 388, 391, and 415
55ENACTS:
56 53F-6-401, Utah Code Annotated 1953
57 53F-6-402, Utah Code Annotated 1953
58 53F-6-403, Utah Code Annotated 1953 01-16-23 3:37 PM	H.B. 215
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59 53F-6-404, Utah Code Annotated 1953
60 53F-6-405, Utah Code Annotated 1953
61 53F-6-406, Utah Code Annotated 1953
62 53F-6-407, Utah Code Annotated 1953
63 53F-6-408, Utah Code Annotated 1953
64 53F-6-409, Utah Code Annotated 1953
65 53F-6-410, Utah Code Annotated 1953
66 53F-6-411, Utah Code Annotated 1953
67 53F-6-412, Utah Code Annotated 1953
68 53F-6-413, Utah Code Annotated 1953
69 53F-6-414, Utah Code Annotated 1953
70REPEALS:
71 53F-6-101, as enacted by Laws of Utah 2018, Chapter 2
72 
73Be it enacted by the Legislature of the state of Utah:
74 Section 1.  Section 53E-1-201 is amended to read:
75 53E-1-201.  Reports to and action required of the Education Interim Committee.
76 (1)  In accordance with applicable provisions and Section 68-3-14, the following
77recurring reports are due to the Education Interim Committee:
78 (a)  the report described in Section 9-22-109 by the STEM Action Center Board,
79including the information described in Section 9-22-113 on the status of the computer science
80initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
81 (b)  the prioritized list of data research described in Section 53B-33-302 and the report
82on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
83 (c)  the report described in Section 35A-15-303 by the State Board of Education on
84preschool programs;
85 (d)  the report described in Section 53B-1-402 by the Utah Board of Higher Education
86on career and technical education issues and addressing workforce needs;
87 (e)  the annual report of the Utah Board of Higher Education described in Section
8853B-1-402;
89 (f)  the reports described in Section 53B-28-401 by the Utah Board of Higher Education H.B. 215	01-16-23 3:37 PM
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90regarding activities related to campus safety;
91 (g)  the State Superintendent's Annual Report by the state board described in Section
9253E-1-203;
93 (h)  the annual report described in Section 53E-2-202 by the state board on the strategic
94plan to improve student outcomes;
95 (i)  the report described in Section 53E-8-204 by the state board on the Utah Schools for
96the Deaf and the Blind;
97 (j)  the report described in Section 53E-10-703 by the Utah Leading through Effective,
98Actionable, and Dynamic Education director on research and other activities;
99 (k)  the report described in Section 53F-2-522 regarding mental health screening
100programs;
101 (l)  the report described in Section 53F-4-203 by the state board and the independent
102evaluator on an evaluation of early interactive reading software;
103 (m)  the report described in Section 53F-4-407 by the state board on UPSTART;
104 (n)  the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
105related to grants for professional learning and grants for an elementary teacher preparation
106assessment;
107 (o)  upon request, the report described in Section 53F-5-219 by the state board on the
108Local Innovations Civics Education Pilot Program;
109 (p)  the report described in Section 53F-5-405 by the State Board of Education
110regarding an evaluation of a partnership that receives a grant to improve educational outcomes
111for students who are low income;
112 (q)  the report described in Section 53B-35-202 regarding the Higher Education and
113Corrections Council;
114 (r)  the report described in Section 53G-7-221 by the State Board of Education
115regarding innovation plans; [and]
116 (s)  the annual report described in Section 63A-2-502 by the Educational Interpretation
117and Translation Service Procurement Advisory Council[.]; and
118 (t)  the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
119Program.
120 (2)  In accordance with applicable provisions and Section 68-3-14, the following 01-16-23 3:37 PM	H.B. 215
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121occasional reports are due to the Education Interim Committee:
122 (a)  the report described in Section 35A-15-303 by the School Readiness Board by
123November 30, 2020, on benchmarks for certain preschool programs;
124 (b)  the report described in Section 53B-28-402 by the Utah Board of Higher Education
125on or before the Education Interim Committee's November 2021 meeting;
126 (c)  if required, the report described in Section 53E-4-309 by the state board explaining
127the reasons for changing the grade level specification for the administration of specific
128assessments;
129 (d)  if required, the report described in Section 53E-5-210 by the state board of an
130adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
131 (e)  in 2022 and in 2023, on or before November 30, the report described in Subsection
13253E-10-309(7) related to the PRIME pilot program;
133 (f)  the report described in Section 53E-10-702 by Utah Leading through Effective,
134Actionable, and Dynamic Education;
135 (g)  if required, the report described in Section 53F-2-513 by the state board evaluating
136the effects of salary bonuses on the recruitment and retention of effective teachers in high
137poverty schools;
138 (h)  the report described in Section 53F-5-210 by the state board on the Educational
139Improvement Opportunities Outside of the Regular School Day Grant Program;
140 (i)  upon request, a report described in Section 53G-7-222 by an LEA regarding
141expenditure of a percentage of state restricted funds to support an innovative education
142program;
143 (j)  the report described in Section 53G-7-503 by the state board regarding fees that
144LEAs charge during the 2020-2021 school year;
145 (k)  the reports described in Section 53G-11-304 by the state board regarding proposed
146rules and results related to educator exit surveys; and
147 (l)  the report described in Section 62A-15-117 by the Division of Substance Abuse and
148Mental Health, the State Board of Education, and the Department of Health regarding
149recommendations related to Medicaid reimbursement for school-based health services.
150 Section 2.  Section 53F-2-208 is amended to read:
151 53F-2-208.  Cost of adjustments for growth and inflation. H.B. 215	01-16-23 3:37 PM
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152 (1)  In accordance with Subsection (2), the Legislature shall annually determine:
153 (a)  the estimated state cost of adjusting for inflation in the next fiscal year, based on a
154rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
155to the following programs:
156 (i)  education for youth in custody[,] described in Section 53E-3-503;
157 (ii)  the Basic Program[,] described in Title 53F, Chapter 2, Part 3, Basic Program
158(Weighted Pupil Units);
159 (iii)  the Adult Education Program[,] described in Section 53F-2-401;
160 (iv)  state support of pupil transportation[,] described in Section 53F-2-402;
161 (v)  the Enhancement for Accelerated Students Program[,] described in Section
16253F-2-408;
163 (vi)  the Concurrent Enrollment Program[,] described in Section 53F-2-409; [and]
164 (vii)  the gang prevention and intervention program[,] described in Section 53F-2-410;
165and
166 (viii)  the Utah Fits All Scholarship Program described in Title 53F, Chapter 6, Part 4,
167Utah Fits All Scholarship Program; and
168 (b)  the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
169the current fiscal year's ongoing state tax fund appropriations to the following programs:
170 (i)  a program described in [Subsection (1)(a)] Subsections (1)(a)(i) through (vii);
171 (ii)  educator salary adjustments, described in Section 53F-2-405;
172 (iii)  the Teacher Salary Supplement Program, described in Section 53F-2-504;
173 (iv)  the Voted and Board Local Levy Guarantee programs, described in Section
17453F-2-601; and
175 (v)  charter school local replacement funding, described in Section 53F-2-702.
176 (2) (a)  In or before December each year, the Executive Appropriations Committee shall
177determine:
178 (i)  the cost of the inflation adjustment described in Subsection (1)(a); and
179 (ii)  the cost of the enrollment growth adjustment described in Subsection (1)(b).
180 (b)  The Executive Appropriations Committee shall make the determinations described
181in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
182Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and 01-16-23 3:37 PM	H.B. 215
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183Budget.
184 Section 3.  Section 53F-2-405 is amended to read:
185 53F-2-405.  Educator salary adjustments.
186 (1)  As used in this section, "educator" means a person employed by a school district,
187charter school, or the Utah Schools for the Deaf and the Blind who holds:
188 (a) (i)  a license issued by the state board; and
189 (ii)  a position as a:
190 (A)  classroom teacher;
191 (B)  speech pathologist;
192 (C)  librarian or media specialist;
193 (D)  preschool teacher;
194 (E)  mentor teacher;
195 (F)  teacher specialist or teacher leader;
196 (G)  guidance counselor;
197 (H)  audiologist;
198 (I)  psychologist; or
199 (J) social worker; or
200 (b) (i)  a license issued by the Division of Professional Licensing; and
201 (ii)  a position as a social worker.
202 (2)  In recognition of the need to attract and retain highly skilled and dedicated
203educators, the Legislature shall annually appropriate money for educator salary adjustments,
204subject to future budget constraints.
205 [(3)  Money appropriated to the state board]
206 (3) (a)  The state board shall distribute to each school district, each charter school, and
207the Utah Schools for the Deaf and the Blind money that the Legislature appropriates for
208educator salary adjustments based on the number of  educator positions described in Subsection
209(4) in the school district, the charter school, or the Utah Schools for the Deaf and the Blind.
210 (b)  Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the
211full amount of educator salary adjustments described in this section, the state board shall
212distribute money appropriated for educator salary adjustments [shall be distributed] to school
213districts, charter schools, and the Utah Schools for the Deaf and the Blind in proportion to the H.B. 215	01-16-23 3:37 PM
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214number of [full-time-equivalent] educator positions described in Subsection (4) in a school
215district, a charter school, or the Utah Schools for the Deaf and the Blind as compared to the
216total number of full-time-equivalent educator positions in school districts, charter schools, and
217the Utah Schools for the Deaf and the Blind.
218 (4)  A school district, a charter school, or the Utah Schools for the Deaf and the Blind
219shall award bonuses to educators as follows:
220 (a)  the amount of the salary adjustment [shall be the same] for each
221full-time-equivalent educator [position in the school district, charter school, or the Utah
222Schools for the Deaf and the Blind;] is:
223 (i)  if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
224effect, $8,400; or
225 (ii)  if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
226and in effect, $4,200.
227 (b)  an individual who is not a full-time educator shall receive a partial salary
228adjustment based on the number of hours the individual works as an educator; and
229 (c)  a salary adjustment may be awarded only to an educator who has received a
230satisfactory rating or above on the educator's most recent evaluation.
231 (5)  [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
232Act, the state board:
233 (a)  shall make rules to ensure that LEAs do not reduce or artificially limit a teacher's
234salary to convert the salary supplement in this section into a windfall to the LEA; and
235 (b)  may make rules as necessary to administer this section [in accordance with Title
23663G, Chapter 3, Utah Administrative Rulemaking Act].
237 (6) (a)  Subject to future budget constraints, the Legislature shall appropriate sufficient
238money each year to:
239 (i)  maintain educator salary adjustments provided in prior years; and
240 (ii)  provide educator salary adjustments to new employees.
241 (b)  Money appropriated for educator salary adjustments shall include money for the
242following employer-paid benefits:
243 (i)  retirement;
244 (ii)  worker's compensation; 01-16-23 3:37 PM	H.B. 215
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245 (iii)  social security; and
246 (iv)  Medicare.
247 (7) (a)  Subject to future budget constraints, the Legislature shall:
248 (i)  maintain the salary adjustments provided to school administrators in the 2007-08
249school year; and
250 (ii)  provide salary adjustments for new school administrators in the same amount as
251provided for existing school administrators.
252 (b)  The appropriation provided for educator salary adjustments described in this
253section shall include salary adjustments for school administrators as specified in Subsection
254(7)(a).
255 (c)  In distributing and awarding salary adjustments for school administrators, the state
256board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
257comply with the requirements for the distribution and award of educator salary adjustments as
258provided in Subsections (3) and (4).
259 Section 4.  Section 53F-6-401 is enacted to read:
260	Part 4. Utah Fits All Scholarship Program
261 53F-6-401.  Definitions.
262 As used in this part:
263 (1)  "Eligible student" means a student:
264 (a)  who is eligible to participate in public school, in kindergarten, or grades 1 through
26512;
266 (b)  who is a resident of the state;
267 (c)  who, during the school year for which the student is applying for a scholarship
268account:
269 (i)  does not receive a scholarship under:
270 (A)  the Carson Smith Scholarship Program established in Section 53F-4-302; or
271 (B)  the Special Needs Opportunity Scholarship Program established in Section
27253E-7-402; and
273 (ii)  is not enrolled in an LEA; and
274 (d)  whose eligibility is not suspended or disqualified under Section 53F-6-401.
275 (2)  "Federal poverty level" means the United States poverty level as defined by the H.B. 215	01-16-23 3:37 PM
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276most recently revised poverty income guidelines published by the United States Department of
277Health and Human Services in the Federal Register.
278 (3)  "Officer" means:
279 (a)  a member of the board of a program manager; or
280 (b)  the chief administrative officer of a program manager.
281 (4) (a)  "Out-of-program home school student" means a student who:
282 (i)  is eligible to participate in public school, in kindergarten or grades 1 through 12;
283 (ii)  is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
284attend a home school; and
285 (iii)  does not receive a benefit of scholarship funds.
286 (b)  "Out-of-program home school student" does not mean a scholarship student.
287 (5)  "Program donation" means a donation to the program that a program manager
288accepts as described in Section 53F-6-405.
289 (6)  "Program manager" means an organization that:
290 (a)  is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
291 (b)  is not affiliated with any international organization that an international treaty
292created;
293 (c)  does not harvest data for the purpose of reproducing or distributing the data to other
294entities;
295 (d)  has no involvement in guiding or directing any curriculum or curriculum standards;
296and
297 (e)  an agreement with the state board recognizes as a program manager, in accordance
298with this part.
299 (7)  "Qualifying provider" means one of the following entities that is not a public school
300and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
301 (a)  an eligible school that the program manager approves in accordance with Section
30253F-6-408; or
303 (b)  an eligible service provider that the program manager approves in accordance with
304Section 53F-6-409.
305 (8)  "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
306uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, 01-16-23 3:37 PM	H.B. 215
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307sister-in-law, son-in-law, or daughter-in-law.
308 (9)  "Scholarship account" means the account to which a program manager allocates
309funds for the payment of approved scholarship expenses in accordance with this part.
310 (10) (a)  "Scholarship employee" means an individual working in a position in which
311the individual's salary, wages, pay, or compensation, including as a contractor, is paid from
312scholarship funds.
313 (b)  "Scholarship employee" does not include an individual who volunteers for the
314program manager or for a qualifying provider.
315 (11)  "Scholarship expense" means an expense described in Section 53F-6-402 that a
316parent or scholarship student incurs in the education of the scholarship student for a service or
317goods that a qualifying provider provides, including:
318 (a)  tuition and fees of a qualifying provider;
319 (b)  fees and instructional materials at a technical college;
320 (c)  tutoring services;
321 (d)  fees for after-school or summer education programs;
322 (e)  textbooks, curricula, or other instructional materials, including any supplemental
323materials or associated online instruction that a curriculum or a qualifying provider
324recommends;
325 (f)  educational software and applications;
326 (g)  supplies or other equipment related to a scholarship student's educational needs;
327 (h)  computer hardware or other technological devices that are intended primarily for a
328scholarship student's educational needs;
329 (i)  fees for the following examinations, or for a preparation course for the following
330examinations, that the program manager approves:
331 (i)  a national norm-referenced or standardized assessment described in Section
33253F-6-410, an advanced placement examination, or another similar assessment;
333 (ii)  a state-recognized industry certification examination; and
334 (iii)  an examination related to college or university admission;
335 (j)  educational services for students with disabilities from a licensed or accredited
336practitioner or provider, including occupational, behavioral, physical, audiology, or
337speech-language therapies; H.B. 215	01-16-23 3:37 PM
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338 (k)  contracted services that the program manager approves and that an LEA provides,
339including individual classes, after-school tutoring services, transportation, or fees or costs
340associated with participation in extracurricular activities;
341 (l)  fees, not to exceed $750 in a given school year, for transportation for a
342fee-for-service transportation provider for the scholarship student to travel to and from a
343qualifying provider; or
344 (m)  any other expense for a good or service that:
345 (i)  a parent or scholarship student incurs in the education of the scholarship student;
346and
347 (ii)  the program manager approves, subject to the restriction on guiding or directing
348curriculum described in Subsection (6).
349 (12)  "Scholarship funds" means:
350 (a)  funds that the Legislature appropriates for the program;
351 (b)  program donations that the program manager accepts as described in Section
35253F-6-405; and
353 (c)  interest that program donations or investments accrue.
354 (13) (a)  "Scholarship student" means an eligible student for whom the program
355manager establishes and maintains a scholarship account in accordance with this part.
356 (b)  "Scholarship student" does not include an out-of-program home school student.
357 (14)  "Utah Fits All Scholarship Program" or "program" means the scholarship program
358established in Section 53F-6-402.
359 Section 5.  Section 53F-6-402 is enacted to read:
360 53F-6-402.  Utah Fits All Scholarship Program -- Scholarship account application
361-- Scholarship expenses -- Program information.
362 (1)  There is established the Utah Fits All Scholarship Program under which, beginning
363July 1, 2024, a parent may apply to a program manager on behalf of the parent's student to
364establish and maintain a scholarship account to cover the cost of a scholarship expense.
365 (2) (a)  The program manager shall establish and maintain, in accordance with this part,
366scholarship accounts for eligible students.
367 (b)  The program manager shall:
368 (i)  determine that a student meets the requirements to be an eligible student; and 01-16-23 3:37 PM	H.B. 215
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369 (ii)  subject to Subsection (2)(c), each year the student is an eligible student, maintain a
370scholarship account for the scholarship student to pay for the cost of one or more scholarship
371expenses that the student or student's parent incurs in the student's education.
372 (c)  Each year, subject to this part and legislative appropriations, a scholarship student
373is eligible for no more than:
374 (i)  for the 2024-2025 school year, $8,000; and
375 (ii)  for each school year following the 2024-2025 school year, the maximum allowed
376amount under this Subsection (2)(c) in the previous year plus a percentage increase that is
377equal to the percentage of increase in the value of the weighted pupil unit for the given fiscal
378year.
379 (3) (a)  A program manager shall establish a scholarship account on behalf of an
380eligible student who submits a timely application, unless the number of applications exceed
381available scholarship funds for the school year.
382 (b)  If the number of applications exceeds the available scholarship funds for a school
383year, the program manager shall select students on a random basis, except as provided in
384Subsection (6).
385 (c)  An eligible student or a public education student shall submit an application for an
386initial scholarship or renewal for each school year that the student intends to receive
387scholarship funds.
388 (4) (a)  An application for a scholarship account shall contain an acknowledgment by
389the student's parent that the qualifying provider selected by the parent for the student's
390enrollment or engagement is capable of providing education services for the student.
391 (b)  A scholarship account application form shall contain the following statement:
392 "I acknowledge that:
393 (1) A private education service provider may not provide the same level of disability
394services that are provided in a public school:
395 (2) I will assume full financial responsibility for the education of my scholarship
396recipient if I agree to this scholarship account;
397 (3)  Agreeing to establish this scholarship account has the same effect as a parental
398refusal to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the
399Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and H.B. 215	01-16-23 3:37 PM
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400 (4)  My child may return to a public school at any time.".
401 (c)  Upon agreeing to establish a scholarship account, the parent assumes full financial
402responsibility for the education of the scholarship student, including the balance of any expense
403incurred at a qualifying provider or for goods that are not paid for by the scholarship student's
404scholarship account.
405 (d)  Agreeing to establish a scholarship account has the same effect as a parental refusal
406to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the Individuals with
407Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
408 (e)  The creation of the program or establishment of a scholarship account on behalf of
409a student does not:
410 (i)  imply that a public school did not provide a free and appropriate public education
411for a student; or
412 (ii)  constitute a waiver or admission by the state.
413 (5)  A program manager may not charge a scholarship account application fee.
414 (6)  A program manager:
415 (a)  shall give an enrollment preference to an eligible student based on family income in
416the following order of preference:
417 (i)  a family income at or below 200% of the federal poverty level; and
418 (ii)  a family income between 200% and 555% of the federal poverty level; and
419 (b)  secondarily to the enrollment preference described in Subsection (6)(a), shall give
420an enrollment preference to the following students:
421 (i)  an eligible student who in the previous school year used a scholarship account; or
422 (ii)  a sibling of an eligible student who:
423 (A)  receives scholarship funds from a scholarship account at the time the sibling
424applies for a scholarship account; or
425 (B)  received scholarship funds in the school year immediately preceding the school
426year for which the sibling is applying for a scholarship account.
427 (7) (a)  Subject to Subsections (7)(b) through (e), a parent may use a scholarship
428account to pay for a scholarship expense that a parent or scholarship student incurs in the
429education of the scholarship student.
430 (b)  A scholarship student or the scholarship student's parent may not use a scholarship 01-16-23 3:37 PM	H.B. 215
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431account for an expense that the student or parent does not incur in the education of the
432scholarship student, including:
433 (i)  a rehabilitation program that is not primarily designed for an educational purpose;
434or
435 (ii)  a travel expense other than a transportation expense described in Section
43653F-6-401.
437 (c)  The program manager may not:
438 (i)  approve a scholarship expense for a service that a qualifying provider provides
439unless the program manager determines that the scholarship student or the scholarship student's
440parent incurred the expense in the education of the scholarship student; or
441 (ii)  reimburse a scholarship expense for a service or good that a provider that is not a
442qualifying provider provides unless:
443 (A)  the parent or scholarship student submits a receipt that shows the cost and type of
444service or good and the name of provider; and
445 (B)  the program manager determines that the parent or scholarship student incurred the
446expense in the education of the scholarship student.
447 (d)  The parent of a scholarship student may not receive scholarship funds as payment
448for the parent's time spent educating the parent's child.
449 (e)  Except for cases in which a scholarship student or the scholarship student's parent is
450convicted of fraud in relation to scholarship funds, if a qualifying provider, scholarship student,
451or scholarship student's parent repays an expenditure from a scholarship account for an expense
452that is not approved under this Subsection (7), the program manager shall credit the repaid
453amount back to the scholarship account balance within 30 days after the day on which the
454program manager receives the repayment.
455 (8)  Notwithstanding any other provision of law, funds that the program manager
456disburses under this part to a scholarship account on behalf of a scholarship student do not
457constitute state taxable income to the parent of the scholarship student.
458 (9)  The program manager shall prepare and disseminate information on the program to
459a parent applying for a scholarship account on behalf of a student, including the information
460that the program manager provides in accordance with Section 53F-6-405.
461 (10)  On or before September 1, 2023, and as frequently as necessary to maintain the H.B. 215	01-16-23 3:37 PM
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462information, the state board shall provide information on the state board's website, including:
463 (a)  scholarship account information;
464 (b)  information on the program manager, including the program manager's contact
465information; and
466 (c)  an overview of the program.
467 (11)  To administer the program, the program manager may use up to the lesser of 5 or
468$2,500,000 of the funds the Legislature appropriates for the program.
469 Section 6.  Section 53F-6-403 is enacted to read:
470 53F-6-403.  Qualifying providers.
471 (1)  Before the beginning of the school year immediately following a school year in
472which a qualifying provider receives scholarship funds equal to or more than $250,000, the
473qualifying provider shall file with the program manager a surety bond payable to the program
474manager in an amount equal to the aggregate amount of scholarship funds expected to be
475received during the school year.
476 (2)  If a program manager determines that a qualifying provider has violated a provision
477of this part, the program manager may interrupt disbursement of or withhold scholarship funds
478from the qualifying provider.
479 (3) (a)  If the program manager determines that a qualifying provider no longer meets
480the eligibility requirements described in this part, the program manager may withdraw the
481organization's approval of the qualifying provider.
482 (b)  A provider or person that does not have the approval of the program manager in
483accordance with the following may not accept scholarship funds for services under this part:
484 (i)  Section 53F-6-408 regarding eligible schools; or
485 (ii)  Section 53F-6-409 regarding eligible service providers.
486 (4)  If a qualifying provider requires partial payment of tuition or fees before the
487beginning of the academic year to reserve space for a scholarship student who has been
488admitted to the qualifying provider, the program manager may:
489 (a)  pay the partial payment before the beginning of the school year in which the
490scholarship funds are awarded; and
491 (b)  deduct the amount of the partial payment from subsequent scholarship fund
492deposits in an equitable manner that provides the best availability of scholarship funds to the 01-16-23 3:37 PM	H.B. 215
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493student throughout the remainder of the school year.
494 (5)  If a scholarship student described in Subsection (4)(a) chooses to withdraw from or
495otherwise not engage with the qualifying provider before the beginning of the school year:
496 (a)  the qualifying provider shall remit the partial payment described in Subsection
497(4)(a) to the program manager; and
498 (b)  the program manager shall credit the remitted partial payment to the scholarship
499student's scholarship account.
500 Section 7.  Section 53F-6-404 is enacted to read:
501 53F-6-404.  State board procurement and review of program manager -- Failure to
502comply.
503 (1) (a)  In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
504board shall issue a request for proposals, on or before June 15, 2023, and enter an agreement
505with no more than one organization that qualifies as tax exempt under Section 501(c)(3),
506Internal Revenue Code, for the state board to recognize as the program manager, on or before
507October 1, 2023.
508 (b)  An organization that responds to a request for proposals described in Subsection
509(1)(a) shall submit the following information in the organization's response:
510 (i)  a copy of the organization's incorporation documents;
511 (ii)  a copy of the organization's Internal Revenue Service determination letter
512qualifying the organization as being tax exempt under Section 501(c)(3), Internal Revenue
513Code;
514 (iii)  a description of the methodology the organization will use to verify a student's
515eligibility under this part;
516 (iv)  a description of the organization's proposed scholarship account application
517process; and
518 (v)  an affidavit or other evidence that the organization:
519 (A)  is not affiliated with any international organization that an international treaty
520created;
521 (B)  does not harvest data for the purpose of reproducing or distributing the data to
522another entity; and
523 (C)  has no involvement in guiding or directing any curriculum standards. H.B. 215	01-16-23 3:37 PM
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524 (c)  The state board shall ensure that the agreement described in Subsection (1)(a):
525 (i)  ensures the efficiency and success of the program; and
526 (ii)  does not impose any requirements on the program manager that:
527 (A)  are not essential to the basic administration of the program; or
528 (B)  create restrictions, directions, or mandates regarding instructional content or
529curriculum.
530 (2)  The state board may regulate and take enforcement action as necessary against a
531program manager in accordance with the provisions of the state board's agreement with the
532program manager.
533 (3) (a)  If the state board determines that a program manager has violated a provision of
534this part or a provision of the state board's agreement with the program manager, the state
535board shall send written notice to the program manager explaining the violation and the
536remedial action required to correct the violation.
537 (b)  A program manager that receives a notice described in Subsection (3)(a) shall, no
538later than 60 days after the day on which the program manager receives the notice, correct the
539violation and report the correction to the state board.
540 (c) (i)  If a program manager that receives a notice described in Subsection (3)(a) fails
541to correct a violation in the time period described in Subsection (3)(b), the state board may bar
542the program manager from further participation in the program.
543 (ii)  A program manager may appeal a decision of the state board under Subsection
544(3)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
545 (d)  A program manager may not accept program donations or state funds while the
546program manager:
547 (i)  is barred from participating in the program under Subsection (3)(c)(i); or
548 (ii)  has an appeal pending under Subsection (3)(c)(ii).
549 (e)  A program manager that has an appeal pending under Subsection (3)(c)(ii) may
550continue to administer scholarship accounts from previously donated program donations during
551the pending appeal.
552 (4)  The state board shall establish a process for a program manager to report the
553information the program manager is required to report to the state board under Section
55453F-6-405. 01-16-23 3:37 PM	H.B. 215
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555 (5)  The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
556Administrative Rulemaking Act, and include provisions in the state board's agreement with the
557scholarship organization for:
558 (a)  subject to Subsection (6), the administration of scholarship accounts and
559disbursement of scholarship funds if a program manager is barred from participating in the
560program under Subsection (3)(c)(i); and
561 (b)  audit and report requirements as described in Section 53F-7-405.
562 (6) (a)  The state board shall include in the rules and provisions described in Subsection
563(5)(a) measures to ensure that the establishment and maintenance of scholarship accounts and
564enrollment in the program are not disrupted if the program manager is barred from participating
565in the program.
566 (b)  The state board may include in the measures described in Subsection (5)(a) a right
567for the treasurer to enter into a new agreement with an alternative program manager in
568accordance with this section.
569 (7) (a)  On or before January 1, 2024, the state board shall:
570 (i)  make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
571Rulemaking Act, to establish a process for a scholarship student or a scholarship student's
572parent to appeal any administrative decision of the program manager for state board resolution
573within 30 days after the day of the appeal, including:
574 (A)  scholarship expense denials; and
575 (B)  determinations regarding enrollment eligibility or suspension or disqualification
576under Section 53F-6-405; and
577 (ii)  make information available regarding the appeals process on the state board's
578website and on the scholarship application.
579 (b)  If the state board stays or reverses an administrative decision of the program
580manager on appeal, the program manager may not withhold scholarship funds or application
581approval for the scholarship student on account of the appealed administrative decision unless
582as the state board expressly allows.
583 (8)  The state board may not include a provision in any rule that creates or implies a
584restriction, direction, or mandate regarding instructional content or curriculum.
585 Section 8.  Section 53F-6-405 is enacted to read: H.B. 215	01-16-23 3:37 PM
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586 53F-6-405.  Program manager duties -- Program donations -- Audit --
587Prohibitions.
588 (1)  The program manager shall administer the program, including:
589 (a)  maintaining an application website that includes information on enrollment,
590relevant application dates, and dates for notification of acceptance;
591 (b)  reviewing applications from and determining if a person is:
592 (i)  an eligible school under Section 53F-6-408; or
593 (ii)  an eligible service provider under Section 53F-6-409;
594 (c)  establishing an application process, including application deadlines, in accordance
595with Section 53F-6-402;
596 (d)  reviewing and granting or denying applications for a scholarship account;
597 (e)  providing an online portal for the parent of a scholarship student to access the
598scholarship student's account;
599 (f)  ensuring that scholarship funds in a scholarship account are readily available to a
600scholarship student;
601 (g)  requiring a parent to notify the program manager if the parent's scholarship student
602is no longer enrolled in or engaging a service:
603 (i)  for which the scholarship student receives scholarship funds; and
604 (ii)  that is provided to the scholarship student for an entire school year;
605 (h)  obtaining reimbursement of scholarship funds from a qualifying provider that
606provides the services in which a scholarship student is no longer enrolled or with which the
607scholarship student is no longer engaged;
608 (i)  accepting program donations;
609 (j)  expending all revenue from interest on program donations or investments on
610scholarship expenses;
611 (k)  each time the program manager makes an administrative decision that is adverse to
612a scholarship student or the scholarship student's parent, informing the scholarship student and
613the scholarship student's parent of the opportunity and process to appeal an administrative
614decision of the program manager to the state board in accordance with the process described in
615Section 53F-6-404;
616 (l)  maintaining a protected internal waitlist of all eligible students who have applied to 01-16-23 3:37 PM	H.B. 215
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617the program and are not yet scholarship students, including any student who removed the
618student's application from the waitlist; and
619 (m)  providing aggregate data regarding the number of scholarship students and the
620number of eligible students on the waitlist described in Subsection (1)(l).
621 (2)  The program manager shall:
622 (a)  contract with one or more private entities to develop and implement a commercially
623viable, cost-effective, and parent-friendly system to:
624 (i)  establish scholarship accounts;
625 (ii)  maximize payment flexibility by allowing:
626 (A)  for payment of services to qualifying providers using scholarship funds by
627electronic or online funds transfer; and
628 (B)  pre-approval of a reimbursement to a parent for a good that is a scholarship
629expense; and
630 (iii)  allow scholarship students and scholarship student's parents to publicly rate,
631review, and share information about qualifying providers; and
632 (b)  ensure that the system complies with industry standards for data privacy and
633cybersecurity, including ensuring compliance with the Family Educational Rights and Privacy
634Act, 34 C.F.R. Part 99.
635 (3)  The program manager shall provide information regarding the program by
636publishing online, no later than July 1, 2024, and July 1 of each following year, an applicant
637and participant handbook that includes information regarding:
638 (a)  the policies and processes of the program;
639 (b)  approved scholarship expenses;
640 (c)  the responsibilities of parents regarding the program and scholarship funds;
641 (d)  the duties of the program manager;
642 (e)  the opportunity and process to appeal an administrative decision of the program
643manager to the state board in accordance with the process described in Section 53F-6-404; and
644 (f)  the role of any private financial management firms or other private organizations
645with which the program manager may contract to administer any aspect of the program.
646 (4)  To ensure the fiscal security and compliance of the program, the program manager
647shall: H.B. 215	01-16-23 3:37 PM
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648 (a)  prohibit a program manager scholarship employee or officer from handling,
649managing, or processing scholarship funds, if, based on a criminal background check that the
650state board conducts in accordance with Section 53F-6-407, the state board identifies the
651program manager scholarship employee or officer as posing a risk to the appropriate use of
652scholarship funds;
653 (b)  establish procedures to ensure a fair process to:
654 (i)  suspend scholarship student's eligibility for the program in the event of the
655scholarship student's or scholarship student's parent's:
656 (A)  intentional or substantial misuse of scholarship funds; or
657 (B)  violation of this part or the terms of the program; and
658 (ii)  if the program manager obtains evidence of fraudulent use of scholarship funds,
659refer the case to the attorney general for collection or criminal investigation;
660 (iii)  ensure that a scholarship student whose eligibility is suspended or disqualified
661under this Subsection (4)(b) or Subsection (4)(c) based on the actions of the student's parent
662regains eligibility if the student is placed with a different parent or otherwise no longer resides
663with the parent related to the suspension or disqualification;
664 (c)  notify the state board, scholarship student, and scholarship student's parent in
665writing:
666 (i)  of the suspension described in Subsection (4)(b)(i);
667 (ii)  that no further transactions, disbursements, or reimbursements are allowed;
668 (iii)  that the scholarship student or scholarship student's parent may take corrective
669action within 10 business days of the day on which the program manager provides the
670notification; and
671 (iv)  that without taking the corrective action within the time period described in
672Subsection (4)(c)(iii), the program manager may disqualify the student's eligibility.
673 (5) (a)  A program manager may not:
674 (i)  disburse scholarship funds to a qualifying provider or allow a qualifying provider to
675use scholarship funds if:
676 (A)  the program manager determines that the qualifying provider intentionally or
677substantially misrepresented information on overpayment;
678 (B)  the qualifying provider fails to refund an overpayment in a timely manner; or 01-16-23 3:37 PM	H.B. 215
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679 (C)  the qualifying provider routinely fails to provide scholarship students with
680promised educational services; or
681 (ii)  reimburse with scholarship funds an individual for the purchase of a good or
682service if the program manager determines that:
683 (A)  the scholarship student or the scholarship student's parent requesting
684reimbursement intentionally or substantially misrepresented the cost or educational purpose of
685the good or service; or
686 (B)  the relevant scholarship student was not the exclusive user of the good or service.
687 (b)  A program manager shall notify a scholarship student if the program manager:
688 (i)  stops disbursement of the scholarship student's scholarship funds to a qualifying
689provider under Subsection (5)(a)(i); or
690 (ii)  refuses reimbursement under Subsection (5)(a)(ii).
691 (6) (a)  At any time, a scholarship student may change the qualifying provider to which
692the scholarship student's scholarship account makes distributions.
693 (b)  If, during the school year, a scholarship student changes the student's enrollment in
694or engagement with a qualifying provider to another qualifying provider, the program manager
695may prorate scholarship funds between the qualifying providers based on the time the
696scholarship student received the goods or services or was enrolled.
697 (7)  A program manager may not subvert the enrollment preferences required under
698Section 53F-6-402 or other provisions of this part to:
699 (a)  establish a scholarship account on behalf of a relative of the program manager's
700officer; or
701 (b)  disburse scholarship funds to a qualifying provider at which the scholarship student
702has a relative who is an officer.
703 (8)  The program manager shall:
704 (a)  contract for annual and random audits on scholarship accounts conducted:
705 (i)  by a certified public accountant who is independent from:
706 (A)  the program manager;
707 (B)  the state board; and
708 (C)  the program manager's accounts and records pertaining to scholarship funds; and
709 (ii)  in accordance with generally accepted auditing standards; H.B. 215	01-16-23 3:37 PM
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710 (b)  demonstrate the program manager's financial accountability by annually submitting
711to the state board the following:
712 (i)  a financial information report that a certified public accountant prepares and that
713includes:
714 (A)  the total number and total dollar amount of program donations that the program
715manager received during the previous calendar year; and
716 (B)  the total number and total dollar amount of scholarship funds disbursed during the
717previous calendar year; and
718 (ii)  no later than 180 days after the last day of the program manager's fiscal year, the
719results of the audits described in Subsection (8)(a), including the program manager's financial
720statements in a format that meets generally accepted accounting principles.
721 (9) (a)  The state board:
722 (i)  shall review a report described in this section; and
723 (ii)  may request that the program manager revise or supplement the report if the report
724does not fully comply with this section.
725 (b)  The program manager shall provide to the state board a revised report or a
726supplement to the report no later than 45 days after the day on which the state board makes a
727request described in Subsection (9)(a).
728 Section 9.  Section 53F-6-406 is enacted to read:
729 53F-6-406.  Qualifying provider regulatory autonomy -- Home school autonomy --
730Student records -- Scholarship student status.
731 (1)  Nothing in this part:
732 (a)  except as expressly described in this part, grants additional authority to any state
733agency or LEA to regulate or control:
734 (i)  a private school, qualifying provider, or home school;
735 (ii)  students receiving education from a private school, qualifying provider, or home
736school;
737 (b)  applies to or otherwise affects the freedom of choice of an out-of-program home
738school student, including the curriculum, resources, developmental planning, or any other
739aspect of the out-of-program home school student's education; or
740 (c)  expands the regulatory authority of the state, a state office holder, or an LEA to 01-16-23 3:37 PM	H.B. 215
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741impose any additional regulation of a qualifying provider beyond any regulation necessary to
742administer this part.
743 (2)  A qualifying provider:
744 (a)  has a right to maximum freedom from unlawful governmental control in providing
745for the educational needs of a scholarship student who attends or engages with the qualifying
746provider; and
747 (b)  is not an agent of the state by virtue of the provider's acceptance of payment from a
748scholarship account in accordance with this part.
749 (3)  Except as provided in Section 53F-6-403 regarding qualifying providers, Section
75053F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service
751providers, a program manager may not require a qualifying provider to alter the qualifying
752provider's creed, practices, admissions policies, or curricula in order to accept scholarship
753funds.
754 (4)  An LEA or a school in an LEA in which a scholarship student was previously
755enrolled shall provide to the scholarship student's parent or a qualifying provider in which the
756scholarship student is currently enrolled or with which the scholarship student is currently
757engaged a copy of all school records relating to the student that the LEA possesses within 30
758days after the day on which the LEA or school receives the parent's or provider's request for the
759student's records, subject to:
760 (a)  Title 53E, Chapter 9, Student Privacy and Data Protection; and
761 (b)  Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
762 (5)  By virtue of a scholarship student's involvement in the program and unless
763otherwise expressly provided in statute, a scholarship student is not:
764 (a)  enrolled in the public education system; or
765 (b)  otherwise subject to statute, administrative rules, or other state regulations as if the
766student was enrolled in the public education system.
767 Section 10.  Section 53F-6-407 is enacted to read:
768 53F-6-407.  Background checks for program manager -- Bureau responsibilities --
769Fees.
770 (1)  As used in this section:
771 (a)  "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201 H.B. 215	01-16-23 3:37 PM
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772within the Department of Public Safety.
773 (b)  "Department" means the Department of Public Safety.
774 (c)  "Division" means the Criminal Investigations and Technical Services Division
775created in Section 53-10-103.
776 (d)  "Personal identifying information" means:
777 (i)  current name;
778 (ii)  former names;
779 (iii)  nicknames;
780 (iv)  aliases;
781 (v)  date of birth;
782 (vi)  address;
783 (vii)  telephone number;
784 (viii)  driver license number or other government-issued identification number;
785 (ix)  social security number; and
786 (x)  fingerprints.
787 (e)  "Rap back system" means a system that enables authorized entities to receive
788ongoing status notifications of any criminal history reported on individuals whose fingerprints
789are registered in the system.
790 (f)  "WIN Database" means the Western Identification Network Database that consists
791of eight western states sharing one electronic fingerprint database.
792 (2)  The program manager shall:
793 (a)  require an employee or officer of the program manager to submit to a criminal
794background check and ongoing monitoring;
795 (b)  collect the following from an employee or officer of the program manager:
796 (i)  personal identifying information;
797 (ii)  a fee described in Subsection (4); and
798 (iii)  consent, on a form specified by the program manager, for:
799 (A)  an initial fingerprint-based background check by the bureau;
800 (B)  retention of personal identifying information for ongoing monitoring through
801registration with the systems described in Subsection (3); and
802 (C)  disclosure of any criminal history information to the program manager; 01-16-23 3:37 PM	H.B. 215
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803 (c)  submit the personal identifying information of an employee or officer of the
804program manager to the bureau for:
805 (i)  an initial fingerprint-based background check by the bureau; and
806 (ii)  ongoing monitoring through registration with the systems described in Subsection
807(3) if the results of the initial background check do not contain disqualifying criminal history
808information as determined by the program manager;
809 (d)  identify the appropriate privacy risk mitigation strategy that will be used to ensure
810that the program manager only receives notifications for individuals with whom the program
811manager maintains an authorizing relationship; and
812 (e)  submit the information to the bureau for ongoing monitoring through registration
813with the systems described in Subsection (3).
814 (3)  The bureau shall:
815 (a)  upon request from the program manager, register the fingerprints submitted by the
816program manager as part of a background check with the WIN Database rap back system, or
817any successor system;
818 (b)  notify the program manager when a new entry is made against an individual whose
819fingerprints are registered with the WIN Database rap back system regarding:
820 (i)  an alleged offense; or
821 (ii)  a conviction, including a plea in abeyance;
822 (c)  assist the program manager to identify the appropriate privacy risk mitigation
823strategy that is to be used to ensure that the program manager only receives notifications for
824individuals with whom the authorized entity maintains an authorizing relationship; and
825 (d)  collaborate with the program manager to provide training to appropriate program
826manager employees on the notification procedures and privacy risk mitigation strategies
827described in this section.
828 (4) (a)  The division shall impose fees that the division sets in accordance with Section
82963J-1-504 for the fingerprint card of an employee or officer of the program manager, for a
830name check, and to register fingerprints under this section.
831 (b)  Funds generated under this Subsection (4) shall be deposited into the General Fund
832as a dedicated credit by the department to cover the costs incurred in providing the information.
833 Section 11.  Section 53F-6-408 is enacted to read: H.B. 215	01-16-23 3:37 PM
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834 53F-6-408.  Eligible schools.
835 (1)  To be eligible to receive scholarship funds on behalf of a scholarship student as an
836eligible school, a private school with 150 or more enrolled students shall:
837 (a) (i)  contract with an independent licensed certified public accountant to conduct an
838agreed upon procedures engagement as the state board adopts, or obtain an audit and report
839that:
840 (A)  a licensed independent certified public accountant conducts in accordance with
841generally accepted auditing standards;
842 (B)  presents the financial statements in accordance with generally accepted accounting
843principles; and
844 (C)  audits financial statements from within the 12 months immediately preceding the
845audit; and
846 (ii)  submit the audit report or report of the agreed upon procedure to the program
847manager when the private school applies to receive scholarship funds;
848 (b)  comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
849 (c)  provide a written disclosure to the parent of each prospective scholarship student,
850before the student is enrolled, of:
851 (i)  the education services that the school will provide to the scholarship student,
852including the cost of the provided services;
853 (ii)  tuition costs;
854 (iii)  additional fees the school will require a parent to pay during the school year; and
855 (iv)  the skill or grade level of the curriculum in which the prospective scholarship
856student will participate;
857 (d)  require the following individuals to submit to a nationwide, fingerprint-based
858criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
859as a condition for employment or appointment, as authorized by the Adam Walsh Child
860Protection and Safety Act of 2006, Pub. L. No. 109-248:
861 (i)  an employee who does not hold:
862 (A)  a current Utah educator license issued by the state board under Title 53E, Chapter
8636, Education Professional Licensure; or
864 (B)  if the private school is not physically located in Utah, a current educator license in 01-16-23 3:37 PM	H.B. 215
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865the state where the private school is physically located; and
866 (ii)  a contract employee; and
867 (e)  provide to the parent of a scholarship student the relevant credentials of the teachers
868who will teach the scholarship student.
869 (2)  A private school described in Subsection (1) is not eligible to receive scholarship
870funds if:
871 (a)  the private school requires a scholarship student to sign a contract waiving the
872scholarship student's right to transfer to another qualifying provider during the school year;
873 (b)  the audit report described in Subsection (1)(a) contains a going concern explanatory
874paragraph; or
875 (c)  the report of the agreed upon procedures described in Subsection (1)(a) shows that
876the private school does not have adequate working capital to maintain operations for the first
877full year.
878 (3)  To be eligible to receive scholarship funds on behalf of a scholarship student as an
879eligible school, a private school with fewer than 150 enrolled students shall:
880 (a)  provide to the program manager:
881 (i)  a federal employer identification number;
882 (ii)  the provider's address and contact information;
883 (iii)  a description of each program or service the provider proposes to offer a
884scholarship student; and
885 (iv)  any other information as required by the program manager; and
886 (b)  comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
887 (4)  A private school described in Subsection (3) is not eligible to receive scholarship
888funds if the private school requires a scholarship student to sign a contract waiving the
889student's rights to transfer to another qualifying provider during the school year.
890 (5)  To be eligible to receive scholarship funds on behalf of a scholarship student as an
891eligible school, an LEA shall:
892 (a)  provide to the program manager:
893 (i)  a federal employer identification number;
894 (ii)  the LEA's address and contact information;
895 (iii)  a description of each program or service the LEA proposes to offer to scholarship H.B. 215	01-16-23 3:37 PM
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896students; and
897 (iv)  any other information as required by the program manager; and
898 (b)  comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
899 (6)  An LEA described in Subsection (5) is not eligible to receive scholarship funds if:
900 (a)  the LEA requires a public education system scholarship student to sign a contract
901waiving the student's rights to transfer to another qualifying provider during the school year; or
902 (b)  the LEA refuses to offer services that do not require LEA enrollment to scholarship
903students.
904 (7)  Residential treatment facilities licensed by the state are not eligible to receive
905scholarship funds.
906 (8)  A private school or LEA intending to receive scholarship funds shall:
907 (a)  submit an application to the program manager; and
908 (b)  agree to not refund, rebate, or share scholarship funds with scholarship students or
909scholarship student's parents in any manner except remittances or refunds to a scholarship
910account in accordance with this part and procedures that the program manager establishes.
911 (9)  The program manager shall:
912 (a)  if the private school or LEA meets the eligibility requirements of this section,
913recognize the private school or LEA as an eligible school and approve the application; and
914 (b)  make available to the public a list of eligible schools approved under this section.
915 (10)  A private school approved under this section that changes ownership shall:
916 (a)  cease operation as an eligible school until:
917 (i)  the school submits a new application to the program manager; and
918 (ii)  the program manager approves the new application; and
919 (b)  demonstrate that the private school continues to meet the eligibility requirements of
920this section.
921 Section 12.  Section 53F-6-409 is enacted to read:
922 53F-6-409.  Eligible service providers.
923 (1)  To be an eligible service provider, a private program or service shall:
924 (a)  provide to the program manager:
925 (i)  a federal employer identification number;
926 (ii)  the provider's address and contact information; 01-16-23 3:37 PM	H.B. 215
- 31 -
927 (iii)  a description of each program or service the provider proposes to offer a
928scholarship student; and
929 (iv)  subject to Subsection (2), any other information as required by the program
930manager; and
931 (b)  comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
932 (2)  The program manager shall adopt policies that maximize the number of eligible
933service providers, including accepting new providers throughout the school year, while
934ensuring education programs or services provided through the program meet student needs and
935otherwise comply with this part.
936 (3)  A private program or service intending to receive scholarship funds shall:
937 (a)  submit an application to the program manager; and
938 (b)  agree to not refund, rebate, or share scholarship funds with scholarship students or
939scholarship students' parents in any manner except remittances or refunds to a scholarship
940account in accordance with this part and procedures that the program manager establishes.
941 (4)  The program manager shall:
942 (a)  if the private program or service meets the eligibility requirements of this section,
943recognize the private program or service as an eligible service provider and approve a private
944program or service's application to receive scholarship funds on behalf of a scholarship student;
945and
946 (b)  make available to the public a list of eligible service providers approved under this
947section.
948 (5)  A private program or service approved under this section that changes ownership
949shall:
950 (a)  cease operation as an eligible service provider until:
951 (i)  the program or service submits a new application to the program manager; and
952 (ii)  the program manager approves the new application; and
953 (b)  demonstrate that the private program or service continues to meet the eligibility
954requirements of this section.
955 Section 13.  Section 53F-6-410 is enacted to read:
956 53F-6-410.  Parental rights -- Optional assessment.
957 (1)  In accordance with Section 53G-6-803 regarding a parent's right to academic H.B. 215	01-16-23 3:37 PM
- 32 -
958accommodations, nothing in this chapter restricts or affects a parent's interests and role in the
959care, custody, and control of the parent's child, including the duty and right to nurture and
960direct the child's upbringing and education.
961 (2) (a)  A parent may request that the program manager facilitate one of the following
962assessments of the parent's scholarship student:
963 (i)  a standards assessment described in Section 53E-4-303;
964 (ii)  a high school assessment described in Section 53E-4-304;
965 (iii)  a college readiness assessment described in Section 53E-4-305;
966 (iv)  an assessment of students in grade 3 to measure reading grade level described in
967Section 53E-4-307; or
968 (v)  a nationally norm-referenced assessment.
969 (b) (i)  Notwithstanding any other provision of law, the entity administering an
970assessment described in Subsection (2)(a) to a scholarship student in accordance with this
971section may not report the result of or any other data pertaining to the assessment or
972scholarship student to a person other than the program manager, the scholarship student, or the
973scholarship student's parent.
974 (ii)  The program manager may not report or communicate the result or data described
975in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the
976scholarship student's parent unless the result or data is included in a de-identified compilation
977of data related to all scholarship students.
978 (c)  In any communication from the program manager regarding an assessment
979described in this Subsection (2), the program manager shall include a disclaimer that no
980assessment is required.
981 Section 14.  Section 53F-6-411 is enacted to read:
982 53F-6-411.  Program funding.
983 (1)  Subject to budget constraints, beginning in the fiscal year that begins on July 1,
9842025, the Legislature shall appropriate to the program:
985 (a)  an amount equal to the amount appropriated to the program in the preceding fiscal
986year; and
987 (b)  an amount equal to the cost of inflation adjustment factor described in Subsection
98853F-2-208(1)(a). 01-16-23 3:37 PM	H.B. 215
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989 (2)  If a scholarship student enters or reenters the public education system during a
990given school year:
991 (a)  no later than five business days after the day on which the student enters or reenters
992the public education system, the program manager shall immediately remove the balance in the
993scholarship student's scholarship account for other use within the program;
994 (b)  the state board may not distribute any remaining state funds to the program
995manager for the student; and
996 (c)  the program manager may use the balance described in Subsection (2)(a) for
997another scholarship student.
998 (3)  At the end of a school year, a program manager shall withdraw any remaining
999scholarship funds in a scholarship account and retain the scholarship funds for disbursement in
1000the following year.
1001 (4) (a)  The program manager may use up to 5% of the funds the Legislature
1002appropriates for program administration.
1003 (b)  Subject to Subsection (4)(c), the funds for program administration described in
1004Subsection (4)(a) are nonlapsing.
1005 (c)  The program manager may not retain administrative cost balances in excess of 25%
1006of total administrative costs in any fiscal year.
1007 Section 15.  Section 53F-6-412 is enacted to read:
1008 53F-6-412.  Reports
1009 Beginning in 2025 and in accordance with Section 68-3-14 and the Family Educational
1010Rights and Privacy Act, 20 U.S.C. Sec. 1232g:
1011 (1)  the program manager shall submit a report on the program to the Education Interim
1012Committee no later than September 1 of each year that includes:
1013 (a)  the total amount of tuition and fees qualifying providers charged for the current year
1014and previous two years;
1015 (b)  the total amount of goods paid for with scholarship funds in the previous year and a
1016general characterization of the types of goods;
1017 (c)  administrative costs of the program;
1018 (d)  the number of scholarship students from each school district and the aggregate
1019number of eligible students on the waitlist described in Section 53F-6-405; H.B. 215	01-16-23 3:37 PM
- 34 -
1020 (e)  the percentage of first-time scholarship students who were enrolled in a public
1021school during the previous school year or who entered kindergarten or a higher grade for the
1022first time in Utah;
1023 (f)  the process that the program manager uses to determine student's eligibility;
1024 (g)  the program manager's strategy and outreach efforts to reach eligible students
1025whose family income is at or below 200% of the federal poverty level and related obstacles to
1026enrollments;
1027 (h)  in the report that the program manager submits in 2025, information on steps the
1028program manager has taken and processes the program manager has adopted to implement the
1029program; and
1030 (i)  any other information regarding the program and the program's implementation that
1031the committee requests; and
1032 (2)  the state board shall submit a report on the cost-effectiveness of the program to the
1033Education Interim Committee no later than September 1 of each year.
1034 Section 16.  Section 53F-6-413 is enacted to read:
1035 53F-6-413.  Legal proceedings.
1036 (1)  In any legal proceeding against the state in which a qualifying provider challenges
1037the application of this part to the qualifying provider, the state shall bear the burden of
1038establishing that the law:
1039 (a)  is necessary; and
1040 (b)  does not impose an undue burden on the qualifying provider.
1041 (2)  The following bear no liability based on the award or use of scholarship funds
1042under this part:
1043 (a)  the state;
1044 (b)  the state board;
1045 (c)  the program manager; or
1046 (d)  an LEA.
1047 (3)  If any provision of this part is the subject of a state or federal constitutional
1048challenge in a state court, scholarship students and scholarship students' parents may intervene
1049as a matter of right to defend the program's constitutionality, subject to any court order that all
1050defending parents and scholarship students intervene jointly. 01-16-23 3:37 PM	H.B. 215
- 35 -
1051 Section 17.  Section 53F-6-414 is enacted to read:
1052 53F-6-414.  Severability.
1053 (1)  If any provision of this part or the application of any provision of this part to any
1054person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1055the remaining provisions of this part remain effective without the invalidated provision or
1056application.
1057 (2)  The provisions of this part are severable.
1058 Section 18.  Section 63G-2-305 is amended to read:
1059 63G-2-305.  Protected records.
1060 The following records are protected if properly classified by a governmental entity:
1061 (1)  trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
1062has provided the governmental entity with the information specified in Section 63G-2-309;
1063 (2)  commercial information or nonindividual financial information obtained from a
1064person if:
1065 (a)  disclosure of the information could reasonably be expected to result in unfair
1066competitive injury to the person submitting the information or would impair the ability of the
1067governmental entity to obtain necessary information in the future;
1068 (b)  the person submitting the information has a greater interest in prohibiting access
1069than the public in obtaining access; and
1070 (c)  the person submitting the information has provided the governmental entity with
1071the information specified in Section 63G-2-309;
1072 (3)  commercial or financial information acquired or prepared by a governmental entity
1073to the extent that disclosure would lead to financial speculations in currencies, securities, or
1074commodities that will interfere with a planned transaction by the governmental entity or cause
1075substantial financial injury to the governmental entity or state economy;
1076 (4)  records, the disclosure of which could cause commercial injury to, or confer a
1077competitive advantage upon a potential or actual competitor of, a commercial project entity as
1078defined in Subsection 11-13-103(4);
1079 (5)  test questions and answers to be used in future license, certification, registration,
1080employment, or academic examinations;
1081 (6)  records, the disclosure of which would impair governmental procurement H.B. 215	01-16-23 3:37 PM
- 36 -
1082proceedings or give an unfair advantage to any person proposing to enter into a contract or
1083agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
1084Subsection (6) does not restrict the right of a person to have access to, after the contract or
1085grant has been awarded and signed by all parties:
1086 (a)  a bid, proposal, application, or other information submitted to or by a governmental
1087entity in response to:
1088 (i)  an invitation for bids;
1089 (ii)  a request for proposals;
1090 (iii)  a request for quotes;
1091 (iv)  a grant; or
1092 (v)  other similar document; or
1093 (b)  an unsolicited proposal, as defined in Section 63G-6a-712;
1094 (7)  information submitted to or by a governmental entity in response to a request for
1095information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
1096the right of a person to have access to the information, after:
1097 (a)  a contract directly relating to the subject of the request for information has been
1098awarded and signed by all parties; or
1099 (b) (i)  a final determination is made not to enter into a contract that relates to the
1100subject of the request for information; and
1101 (ii)  at least two years have passed after the day on which the request for information is
1102issued;
1103 (8)  records that would identify real property or the appraisal or estimated value of real
1104or personal property, including intellectual property, under consideration for public acquisition
1105before any rights to the property are acquired unless:
1106 (a)  public interest in obtaining access to the information is greater than or equal to the
1107governmental entity's need to acquire the property on the best terms possible;
1108 (b)  the information has already been disclosed to persons not employed by or under a
1109duty of confidentiality to the entity;
1110 (c)  in the case of records that would identify property, potential sellers of the described
1111property have already learned of the governmental entity's plans to acquire the property;
1112 (d)  in the case of records that would identify the appraisal or estimated value of 01-16-23 3:37 PM	H.B. 215
- 37 -
1113property, the potential sellers have already learned of the governmental entity's estimated value
1114of the property; or
1115 (e)  the property under consideration for public acquisition is a single family residence
1116and the governmental entity seeking to acquire the property has initiated negotiations to acquire
1117the property as required under Section 78B-6-505;
1118 (9)  records prepared in contemplation of sale, exchange, lease, rental, or other
1119compensated transaction of real or personal property including intellectual property, which, if
1120disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
1121of the subject property, unless:
1122 (a)  the public interest in access is greater than or equal to the interests in restricting
1123access, including the governmental entity's interest in maximizing the financial benefit of the
1124transaction; or
1125 (b)  when prepared by or on behalf of a governmental entity, appraisals or estimates of
1126the value of the subject property have already been disclosed to persons not employed by or
1127under a duty of confidentiality to the entity;
1128 (10)  records created or maintained for civil, criminal, or administrative enforcement
1129purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
1130release of the records:
1131 (a)  reasonably could be expected to interfere with investigations undertaken for
1132enforcement, discipline, licensing, certification, or registration purposes;
1133 (b)  reasonably could be expected to interfere with audits, disciplinary, or enforcement
1134proceedings;
1135 (c)  would create a danger of depriving a person of a right to a fair trial or impartial
1136hearing;
1137 (d)  reasonably could be expected to disclose the identity of a source who is not
1138generally known outside of government and, in the case of a record compiled in the course of
1139an investigation, disclose information furnished by a source not generally known outside of
1140government if disclosure would compromise the source; or
1141 (e)  reasonably could be expected to disclose investigative or audit techniques,
1142procedures, policies, or orders not generally known outside of government if disclosure would
1143interfere with enforcement or audit efforts; H.B. 215	01-16-23 3:37 PM
- 38 -
1144 (11)  records the disclosure of which would jeopardize the life or safety of an
1145individual;
1146 (12)  records the disclosure of which would jeopardize the security of governmental
1147property, governmental programs, or governmental recordkeeping systems from damage, theft,
1148or other appropriation or use contrary to law or public policy;
1149 (13)  records that, if disclosed, would jeopardize the security or safety of a correctional
1150facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1151with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1152 (14)  records that, if disclosed, would reveal recommendations made to the Board of
1153Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1154Board of Pardons and Parole, or the Department of Health and Human Services that are based
1155on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
1156board's jurisdiction;
1157 (15)  records and audit workpapers that identify audit, collection, and operational
1158procedures and methods used by the State Tax Commission, if disclosure would interfere with
1159audits or collections;
1160 (16)  records of a governmental audit agency relating to an ongoing or planned audit
1161until the final audit is released;
1162 (17)  records that are subject to the attorney client privilege;
1163 (18)  records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1164employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1165quasi-judicial, or administrative proceeding;
1166 (19) (a) (i)  personal files of a state legislator, including personal correspondence to or
1167from a member of the Legislature; and
1168 (ii)  notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1169legislative action or policy may not be classified as protected under this section; and
1170 (b) (i)  an internal communication that is part of the deliberative process in connection
1171with the preparation of legislation between:
1172 (A)  members of a legislative body;
1173 (B)  a member of a legislative body and a member of the legislative body's staff; or
1174 (C)  members of a legislative body's staff; and 01-16-23 3:37 PM	H.B. 215
- 39 -
1175 (ii)  notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1176legislative action or policy may not be classified as protected under this section;
1177 (20) (a)  records in the custody or control of the Office of Legislative Research and
1178General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1179legislation or contemplated course of action before the legislator has elected to support the
1180legislation or course of action, or made the legislation or course of action public; and
1181 (b)  notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1182Office of Legislative Research and General Counsel is a public document unless a legislator
1183asks that the records requesting the legislation be maintained as protected records until such
1184time as the legislator elects to make the legislation or course of action public;
1185 (21)  research requests from legislators to the Office of Legislative Research and
1186General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1187in response to these requests;
1188 (22)  drafts, unless otherwise classified as public;
1189 (23)  records concerning a governmental entity's strategy about:
1190 (a)  collective bargaining; or
1191 (b)  imminent or pending litigation;
1192 (24)  records of investigations of loss occurrences and analyses of loss occurrences that
1193may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1194Uninsured Employers' Fund, or similar divisions in other governmental entities;
1195 (25)  records, other than personnel evaluations, that contain a personal recommendation
1196concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1197personal privacy, or disclosure is not in the public interest;
1198 (26)  records that reveal the location of historic, prehistoric, paleontological, or
1199biological resources that if known would jeopardize the security of those resources or of
1200valuable historic, scientific, educational, or cultural information;
1201 (27)  records of independent state agencies if the disclosure of the records would
1202conflict with the fiduciary obligations of the agency;
1203 (28)  records of an institution within the state system of higher education defined in
1204Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1205retention decisions, and promotions, which could be properly discussed in a meeting closed in H.B. 215	01-16-23 3:37 PM
- 40 -
1206accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1207the final decisions about tenure, appointments, retention, promotions, or those students
1208admitted, may not be classified as protected under this section;
1209 (29)  records of the governor's office, including budget recommendations, legislative
1210proposals, and policy statements, that if disclosed would reveal the governor's contemplated
1211policies or contemplated courses of action before the governor has implemented or rejected
1212those policies or courses of action or made them public;
1213 (30)  records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1214revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1215recommendations in these areas;
1216 (31)  records provided by the United States or by a government entity outside the state
1217that are given to the governmental entity with a requirement that they be managed as protected
1218records if the providing entity certifies that the record would not be subject to public disclosure
1219if retained by it;
1220 (32)  transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1221public body except as provided in Section 52-4-206;
1222 (33)  records that would reveal the contents of settlement negotiations but not including
1223final settlements or empirical data to the extent that they are not otherwise exempt from
1224disclosure;
1225 (34)  memoranda prepared by staff and used in the decision-making process by an
1226administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1227other body charged by law with performing a quasi-judicial function;
1228 (35)  records that would reveal negotiations regarding assistance or incentives offered
1229by or requested from a governmental entity for the purpose of encouraging a person to expand
1230or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1231person or place the governmental entity at a competitive disadvantage, but this section may not
1232be used to restrict access to a record evidencing a final contract;
1233 (36)  materials to which access must be limited for purposes of securing or maintaining
1234the governmental entity's proprietary protection of intellectual property rights including patents,
1235copyrights, and trade secrets;
1236 (37)  the name of a donor or a prospective donor to a governmental entity, including an 01-16-23 3:37 PM	H.B. 215
- 41 -
1237institution within the state system of higher education defined in Section 53B-1-102, and other
1238information concerning the donation that could reasonably be expected to reveal the identity of
1239the donor, provided that:
1240 (a)  the donor requests anonymity in writing;
1241 (b)  any terms, conditions, restrictions, or privileges relating to the donation may not be
1242classified protected by the governmental entity under this Subsection (37); and
1243 (c)  except for an institution within the state system of higher education defined in
1244Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1245in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
1246over the donor, a member of the donor's immediate family, or any entity owned or controlled
1247by the donor or the donor's immediate family;
1248 (38)  accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
124973-18-13;
1250 (39)  a notification of workers' compensation insurance coverage described in Section
125134A-2-205;
1252 (40) (a)  the following records of an institution within the state system of higher
1253education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1254or received by or on behalf of faculty, staff, employees, or students of the institution:
1255 (i)  unpublished lecture notes;
1256 (ii)  unpublished notes, data, and information:
1257 (A)  relating to research; and
1258 (B)  of:
1259 (I)  the institution within the state system of higher education defined in Section
126053B-1-102; or
1261 (II) a sponsor of sponsored research;
1262 (iii)  unpublished manuscripts;
1263 (iv)  creative works in process;
1264 (v)  scholarly correspondence; and
1265 (vi)  confidential information contained in research proposals;
1266 (b)  Subsection (40)(a) may not be construed to prohibit disclosure of public
1267information required pursuant to Subsection 53B-16-302(2)(a) or (b); and H.B. 215	01-16-23 3:37 PM
- 42 -
1268 (c)  Subsection (40)(a) may not be construed to affect the ownership of a record;
1269 (41) (a)  records in the custody or control of the Office of the Legislative Auditor
1270General that would reveal the name of a particular legislator who requests a legislative audit
1271prior to the date that audit is completed and made public; and
1272 (b)  notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1273Office of the Legislative Auditor General is a public document unless the legislator asks that
1274the records in the custody or control of the Office of the Legislative Auditor General that would
1275reveal the name of a particular legislator who requests a legislative audit be maintained as
1276protected records until the audit is completed and made public;
1277 (42)  records that provide detail as to the location of an explosive, including a map or
1278other document that indicates the location of:
1279 (a)  a production facility; or
1280 (b)  a magazine;
1281 (43)  information contained in the statewide database of the Division of Aging and
1282Adult Services created by Section 62A-3-311.1;
1283 (44)  information contained in the Licensing Information System described in Title 80,
1284Chapter 2, Child Welfare Services;
1285 (45)  information regarding National Guard operations or activities in support of the
1286National Guard's federal mission;
1287 (46)  records provided by any pawn or secondhand business to a law enforcement
1288agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
1289Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
1290 (47)  information regarding food security, risk, and vulnerability assessments performed
1291by the Department of Agriculture and Food;
1292 (48)  except to the extent that the record is exempt from this chapter pursuant to Section
129363G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1294prepared or maintained by the Division of Emergency Management, and the disclosure of
1295which would jeopardize:
1296 (a)  the safety of the general public; or
1297 (b)  the security of:
1298 (i)  governmental property; 01-16-23 3:37 PM	H.B. 215
- 43 -
1299 (ii)  governmental programs; or
1300 (iii)  the property of a private person who provides the Division of Emergency
1301Management information;
1302 (49)  records of the Department of Agriculture and Food that provides for the
1303identification, tracing, or control of livestock diseases, including any program established under
1304Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1305of Animal Disease;
1306 (50)  as provided in Section 26-39-501:
1307 (a)  information or records held by the Department of Health and Human Services
1308related to a complaint regarding a child care program or residential child care which the
1309department is unable to substantiate; and
1310 (b)  information or records related to a complaint received by the Department of Health
1311and Human Services from an anonymous complainant regarding a child care program or
1312residential child care;
1313 (51)  unless otherwise classified as public under Section 63G-2-301 and except as
1314provided under Section 41-1a-116, an individual's home address, home telephone number, or
1315personal mobile phone number, if:
1316 (a)  the individual is required to provide the information in order to comply with a law,
1317ordinance, rule, or order of a government entity; and
1318 (b)  the subject of the record has a reasonable expectation that this information will be
1319kept confidential due to:
1320 (i)  the nature of the law, ordinance, rule, or order; and
1321 (ii)  the individual complying with the law, ordinance, rule, or order;
1322 (52)  the portion of the following documents that contains a candidate's residential or
1323mailing address, if the candidate provides to the filing officer another address or phone number
1324where the candidate may be contacted:
1325 (a)  a declaration of candidacy, a nomination petition, or a certificate of nomination,
1326described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
132720A-9-408.5, 20A-9-502, or 20A-9-601;
1328 (b)  an affidavit of impecuniosity, described in Section 20A-9-201; or
1329 (c)  a notice of intent to gather signatures for candidacy, described in Section H.B. 215	01-16-23 3:37 PM
- 44 -
133020A-9-408;
1331 (53)  the name, home address, work addresses, and telephone numbers of an individual
1332that is engaged in, or that provides goods or services for, medical or scientific research that is:
1333 (a)  conducted within the state system of higher education, as defined in Section
133453B-1-102; and
1335 (b)  conducted using animals;
1336 (54)  in accordance with Section 78A-12-203, any record of the Judicial Performance
1337Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
1338judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
1339information disclosed under Subsection 78A-12-203(5)(e);
1340 (55)  information collected and a report prepared by the Judicial Performance
1341Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
134212, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1343the information or report;
1344 (56)  records provided or received by the Public Lands Policy Coordinating Office in
1345furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
1346 (57)  information requested by and provided to the 911 Division under Section
134763H-7a-302;
1348 (58)  in accordance with Section 73-10-33:
1349 (a)  a management plan for a water conveyance facility in the possession of the Division
1350of Water Resources or the Board of Water Resources; or
1351 (b)  an outline of an emergency response plan in possession of the state or a county or
1352municipality;
1353 (59)  the following records in the custody or control of the Office of Inspector General
1354of Medicaid Services, created in Section 63A-13-201:
1355 (a)  records that would disclose information relating to allegations of personal
1356misconduct, gross mismanagement, or illegal activity of a person if the information or
1357allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1358through other documents or evidence, and the records relating to the allegation are not relied
1359upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1360report or final audit report; 01-16-23 3:37 PM	H.B. 215
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1361 (b)  records and audit workpapers to the extent they would disclose the identity of a
1362person who, during the course of an investigation or audit, communicated the existence of any
1363Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1364regulation adopted under the laws of this state, a political subdivision of the state, or any
1365recognized entity of the United States, if the information was disclosed on the condition that
1366the identity of the person be protected;
1367 (c)  before the time that an investigation or audit is completed and the final
1368investigation or final audit report is released, records or drafts circulated to a person who is not
1369an employee or head of a governmental entity for the person's response or information;
1370 (d)  records that would disclose an outline or part of any investigation, audit survey
1371plan, or audit program; or
1372 (e)  requests for an investigation or audit, if disclosure would risk circumvention of an
1373investigation or audit;
1374 (60)  records that reveal methods used by the Office of Inspector General of Medicaid
1375Services, the fraud unit, or the Department of Health and Human Services, to discover
1376Medicaid fraud, waste, or abuse;
1377 (61)  information provided to the Department of Health and Human Services or the
1378Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
137958-68-304(3) and (4);
1380 (62)  a record described in Section 63G-12-210;
1381 (63)  captured plate data that is obtained through an automatic license plate reader
1382system used by a governmental entity as authorized in Section 41-6a-2003;
1383 (64)  any record in the custody of the Utah Office for Victims of Crime relating to a
1384victim, including:
1385 (a)  a victim's application or request for benefits;
1386 (b)  a victim's receipt or denial of benefits; and
1387 (c)  any administrative notes or records made or created for the purpose of, or used to,
1388evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1389Reparations Fund;
1390 (65)  an audio or video recording created by a body-worn camera, as that term is
1391defined in Section 77-7a-103, that records sound or images inside a hospital or health care H.B. 215	01-16-23 3:37 PM
- 46 -
1392facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1393provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1394that term is defined in Section 62A-2-101, except for recordings that:
1395 (a)  depict the commission of an alleged crime;
1396 (b)  record any encounter between a law enforcement officer and a person that results in
1397death or bodily injury, or includes an instance when an officer fires a weapon;
1398 (c)  record any encounter that is the subject of a complaint or a legal proceeding against
1399a law enforcement officer or law enforcement agency;
1400 (d)  contain an officer involved critical incident as defined in Subsection
140176-2-408(1)(f); or
1402 (e)  have been requested for reclassification as a public record by a subject or
1403authorized agent of a subject featured in the recording;
1404 (66)  a record pertaining to the search process for a president of an institution of higher
1405education described in Section 53B-2-102, except for application materials for a publicly
1406announced finalist;
1407 (67)  an audio recording that is:
1408 (a)  produced by an audio recording device that is used in conjunction with a device or
1409piece of equipment designed or intended for resuscitating an individual or for treating an
1410individual with a life-threatening condition;
1411 (b)  produced during an emergency event when an individual employed to provide law
1412enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1413 (i)  is responding to an individual needing resuscitation or with a life-threatening
1414condition; and
1415 (ii)  uses a device or piece of equipment designed or intended for resuscitating an
1416individual or for treating an individual with a life-threatening condition; and
1417 (c)  intended and used for purposes of training emergency responders how to improve
1418their response to an emergency situation;
1419 (68)  records submitted by or prepared in relation to an applicant seeking a
1420recommendation by the Research and General Counsel Subcommittee, the Budget
1421Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1422employment position with the Legislature; 01-16-23 3:37 PM	H.B. 215
- 47 -
1423 (69)  work papers as defined in Section 31A-2-204;
1424 (70)  a record made available to Adult Protective Services or a law enforcement agency
1425under Section 61-1-206;
1426 (71)  a record submitted to the Insurance Department in accordance with Section
142731A-37-201;
1428 (72)  a record described in Section 31A-37-503;
1429 (73)  any record created by the Division of Professional Licensing as a result of
1430Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1431 (74)  a record described in Section 72-16-306 that relates to the reporting of an injury
1432involving an amusement ride;
1433 (75)  except as provided in Subsection 63G-2-305.5(1), the signature of an individual
1434on a political petition, or on a request to withdraw a signature from a political petition,
1435including a petition or request described in the following titles:
1436 (a)  Title 10, Utah Municipal Code;
1437 (b)  Title 17, Counties;
1438 (c)  Title 17B, Limited Purpose Local Government Entities - Local Districts;
1439 (d)  Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1440 (e)  Title 20A, Election Code;
1441 (76)  except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
1442a voter registration record;
1443 (77)  except as provided in Subsection 63G-2-305.5(3), any signature, other than a
1444signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
1445local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1446 (78)  a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
14475, Victims Guidelines for Prosecutors Act;
1448 (79)  a record submitted to the Insurance Department under Section 31A-48-103;
1449 (80)  personal information, as defined in Section 63G-26-102, to the extent disclosure is
1450prohibited under Section 63G-26-103;
1451 (81)  an image taken of an individual during the process of booking the individual into
1452jail, unless:
1453 (a)  the individual is convicted of a criminal offense based upon the conduct for which H.B. 215	01-16-23 3:37 PM
- 48 -
1454the individual was incarcerated at the time the image was taken;
1455 (b)  a law enforcement agency releases or disseminates the image:
1456 (i)  after determining that  the individual is a fugitive or an imminent threat to an
1457individual or to public safety and releasing or disseminating the image will assist in
1458apprehending the individual or reducing or eliminating the threat; or
1459 (ii)  to a potential witness or other individual with direct knowledge of events relevant
1460to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
1461individual in connection with the criminal investigation or criminal proceeding; or
1462 (c)  a judge orders the release or dissemination of the image based on a finding that the
1463release or dissemination is in furtherance of a legitimate law enforcement interest;
1464 (82)  a record:
1465 (a)  concerning an interstate claim to the use of waters in the Colorado River system;
1466 (b)  relating to a judicial proceeding, administrative proceeding, or negotiation with a
1467representative from another state or the federal government as provided in Section
146863M-14-205; and
1469 (c)  the disclosure of which would:
1470 (i)  reveal a legal strategy relating to the state's claim to the use of the water in the
1471Colorado River system;
1472 (ii)  harm the ability of the Colorado River Authority of Utah or river commissioner to
1473negotiate the best terms and conditions regarding the use of water in the Colorado River
1474system; or
1475 (iii)  give an advantage to another state or to the federal government in negotiations
1476regarding the use of water in the Colorado River system;
1477 (83)  any part of an application described in Section 63N-16-201 that the Governor's
1478Office of Economic Opportunity determines is nonpublic, confidential information that if
1479disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
1480not be used to restrict access to a record evidencing a final contract or approval decision;
1481 (84)  the following records of a drinking water or wastewater facility:
1482 (a)  an engineering or architectural drawing of the drinking water or wastewater facility;
1483and
1484 (b)  except as provided in Section 63G-2-106, a record detailing tools or processes the 01-16-23 3:37 PM	H.B. 215
- 49 -
1485drinking water or wastewater facility uses to secure, or prohibit access to, the records described
1486in Subsection (84)(a); [and]
1487 (85)  a statement that an employee of a governmental entity provides to the
1488governmental entity as part of the governmental entity's personnel or administrative
1489investigation into potential misconduct involving the employee if the governmental entity:
1490 (a)  requires the statement under threat of employment disciplinary action, including
1491possible termination of employment, for the employee's refusal to provide the statement; and
1492 (b)  provides the employee assurance that the statement cannot be used against the
1493employee in any criminal proceeding[.]; and
1494 (86)  any part of an application for a Utah Fits All Scholarship account described in
1495Section 53F-6-402 or other information identifying a scholarship student as defined in Section
149653F-6-401.
1497 Section 19.  Repealer.
1498 This bill repeals:
1499 Section 53F-6-101, Title.
1500 Section 20.  Effective date.
1501 This bill takes effect on July 1, 2023.