1st Sub. H.B. 215
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Curtis 6
6 01-19-23 1:30 PM 6
H.B. 215
1st Sub. (Buff)
Representative Candice B. Pierucci proposes the following substitute bill:
1 FUNDING FOR TEACHER SALARI ES AND OPTIONAL EDUCATION
2 OPPORTUNITIES
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Candice B. Pierucci
6 Senate Sponsor: Kirk A. Cullimore
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 an educator salary adjustment.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <amends provisions to codify and double the amount of the state-provided educator
16salary adjustment;
17 <establishes the Utah Fits All Scholarship Program (program);
18 <requires the state board to contract with, no later than September 1, 2023, a program
19manager to administer the program;
20 <authorizes the program manager to establish scholarship accounts on behalf of
21eligible students to pay for approved education goods and services starting in the
222024-2025 school year;
23 <prohibits a program manager from accepting scholarship funds in certain
24circumstances and requires other fiscal safeguards, auditing, and accountability
25measures;
*HB0215S01* 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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26 <requires eligible schools and service providers to meet certain standards to be
27eligible to receive scholarship funds;
28 <provides state funding through the program rather than the weighted pupil unit for a
29scholarship student who participates in a service that a local education agency
30offers;
31 <authorizes the program manager to administer the program and distribute
32scholarship funds;
33 <requires the state board to provide limited oversight of the program manager,
34including an appeal process for the program manager's administrative decisions;
35 <prohibits certain regulations of eligible schools and eligible service providers;
36 <requires background checks for employees and officers of a program manager;
37 <enacts program funding provisions;
38 <requires a program manager and the State Board of Education (state board) to
39submit reports on the program to the Public Education Interim Committee;
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 This bill appropriates in fiscal year 2024:
45 <to State Board of Education -- Contracted Initiatives and Grants -- Utah Fits All
46Scholarship Program, as an appropriation:
47 Cfrom Income Tax Fund, ongoing $42,500,000; and
48 Cfrom Income Tax Fund, one-time ($41,500,000), leaving $1,000,000 for Fiscal
49Year 2024.
50Other Special Clauses:
51 None
52Utah Code Sections Affected:
53AMENDS:
54 53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
55354, and 461
56 53F-2-302, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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57 53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
58 63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
59335, 388, 391, and 415
60ENACTS:
61 53F-6-401, Utah Code Annotated 1953
62 53F-6-402, Utah Code Annotated 1953
63 53F-6-403, Utah Code Annotated 1953
64 53F-6-404, Utah Code Annotated 1953
65 53F-6-405, Utah Code Annotated 1953
66 53F-6-406, Utah Code Annotated 1953
67 53F-6-407, Utah Code Annotated 1953
68 53F-6-408, Utah Code Annotated 1953
69 53F-6-409, Utah Code Annotated 1953
70 53F-6-410, Utah Code Annotated 1953
71 53F-6-411, Utah Code Annotated 1953
72 53F-6-412, Utah Code Annotated 1953
73 53F-6-413, Utah Code Annotated 1953
74 53F-6-414, Utah Code Annotated 1953
75REPEALS:
76 53F-6-101, as enacted by Laws of Utah 2018, Chapter 2
77
78Be it enacted by the Legislature of the state of Utah:
79 Section 1. Section 53E-1-201 is amended to read:
80 53E-1-201. Reports to and action required of the Education Interim Committee.
81 (1) In accordance with applicable provisions and Section 68-3-14, the following
82recurring reports are due to the Education Interim Committee:
83 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
84including the information described in Section 9-22-113 on the status of the computer science
85initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
86 (b) the prioritized list of data research described in Section 53B-33-302 and the report
87on research and activities described in Section 53B-33-304 by the Utah Data Research Center; 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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88 (c) the report described in Section 35A-15-303 by the State Board of Education on
89preschool programs;
90 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
91on career and technical education issues and addressing workforce needs;
92 (e) the annual report of the Utah Board of Higher Education described in Section
9353B-1-402;
94 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
95regarding activities related to campus safety;
96 (g) the State Superintendent's Annual Report by the state board described in Section
9753E-1-203;
98 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
99plan to improve student outcomes;
100 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
101the Deaf and the Blind;
102 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
103Actionable, and Dynamic Education director on research and other activities;
104 (k) the report described in Section 53F-2-522 regarding mental health screening
105programs;
106 (l) the report described in Section 53F-4-203 by the state board and the independent
107evaluator on an evaluation of early interactive reading software;
108 (m) the report described in Section 53F-4-407 by the state board on UPSTART;
109 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
110related to grants for professional learning and grants for an elementary teacher preparation
111assessment;
112 (o) upon request, the report described in Section 53F-5-219 by the state board on the
113Local Innovations Civics Education Pilot Program;
114 (p) the report described in Section 53F-5-405 by the State Board of Education
115regarding an evaluation of a partnership that receives a grant to improve educational outcomes
116for students who are low income;
117 (q) the report described in Section 53B-35-202 regarding the Higher Education and
118Corrections Council; 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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119 (r) the report described in Section 53G-7-221 by the State Board of Education
120regarding innovation plans; [and]
121 (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
122and Translation Service Procurement Advisory Council[.]; and
123 (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
124Program.
125 (2) In accordance with applicable provisions and Section 68-3-14, the following
126occasional reports are due to the Education Interim Committee:
127 (a) the report described in Section 35A-15-303 by the School Readiness Board by
128November 30, 2020, on benchmarks for certain preschool programs;
129 (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
130on or before the Education Interim Committee's November 2021 meeting;
131 (c) if required, the report described in Section 53E-4-309 by the state board explaining
132the reasons for changing the grade level specification for the administration of specific
133assessments;
134 (d) if required, the report described in Section 53E-5-210 by the state board of an
135adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
136 (e) in 2022 and in 2023, on or before November 30, the report described in Subsection
13753E-10-309(7) related to the PRIME pilot program;
138 (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
139Actionable, and Dynamic Education;
140 (g) if required, the report described in Section 53F-2-513 by the state board evaluating
141the effects of salary bonuses on the recruitment and retention of effective teachers in high
142poverty schools;
143 (h) the report described in Section 53F-5-210 by the state board on the Educational
144Improvement Opportunities Outside of the Regular School Day Grant Program;
145 (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
146expenditure of a percentage of state restricted funds to support an innovative education
147program;
148 (j) the report described in Section 53G-7-503 by the state board regarding fees that
149LEAs charge during the 2020-2021 school year; 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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150 (k) the reports described in Section 53G-11-304 by the state board regarding proposed
151rules and results related to educator exit surveys; and
152 (l) the report described in Section 62A-15-117 by the Division of Substance Abuse and
153Mental Health, the State Board of Education, and the Department of Health regarding
154recommendations related to Medicaid reimbursement for school-based health services.
155 Section 2. Section 53F-2-302 is amended to read:
156 53F-2-302. Determination of weighted pupil units.
157 (1) The number of weighted pupil units in the Minimum School Program for each year
158is the total of the units for each school district and, subject to Subsection (4), charter school,
159determined [as follows:] in accordance with this Section.
160 [(1)] (2) (a) The number of units is computed by adding the average daily membership
161of all pupils of the school district or charter school attending schools, other than kindergarten
162and self-contained classes for children with a disability.
163 [(2)] (b) The number of units is computed by adding the average daily membership of
164all pupils of the school district or charter school enrolled in kindergarten and multiplying the
165total by .55.
166 [(a)] (i) In those school districts or charter schools that do not hold kindergarten for a
167full nine-month term, the local school board or charter school governing board may approve a
168shorter term of nine weeks' duration.
169 [(b)] (ii) Upon LEA governing board approval, the number of pupils in average daily
170membership at the short-term kindergarten shall be counted for the purpose of determining the
171number of units allowed in the same ratio as the number of days the short-term kindergarten is
172held, not exceeding nine weeks, compared to the total number of days schools are held in that
173school district or charter school in the regular school year.
174 (c) A scholarship student, as that term is defined in Section 53F-6-401, who
175participates in a given program or service that an LEA offers to scholarship students through
176funding under the Utah Fits All Scholarship Program described in Section 53F-6-402 is not
177enrolled in the LEA or computed into the average daily membership described in this
178Subsection (2).
179 (3) (a) The state board shall use prior year plus growth to determine average daily
180membership in distributing money under the Minimum School Program where the distribution 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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181is based on kindergarten through grade 12 ADMs or weighted pupil units.
182 (b) Under prior year plus growth, kindergarten through grade 12 average daily
183membership for the current year is based on the actual kindergarten through grade 12 average
184daily membership for the previous year plus an estimated percentage growth factor.
185 (c) The growth factor is the percentage increase in total average daily membership on
186the first school day of October in the current year as compared to the total average daily
187membership on the first school day of October of the previous year.
188 (4) In distributing funds to charter schools under this section, charter school pupils
189shall be weighted, where applicable, as follows:
190 (a) .55 for kindergarten pupils;
191 (b) .9 for pupils in grades 1 through 6;
192 (c) .99 for pupils in grades 7 through 8; and
193 (d) 1.2 for pupils in grades 9 through 12.
194 (5) Notwithstanding Subsection (3)(c):
195 (a) for the 2020-2021 school year the state board may use a count of average daily
196membership on any day or days of the current school year in 2020 to calculate a growth factor
197for the 2020-2021 school year; and
198 (b) when calculating the growth factor as described in Subsection (5)(a), the state board
199shall comply with all applicable federal requirements.
200 Section 3. Section 53F-2-405 is amended to read:
201 53F-2-405. Educator salary adjustments.
202 (1) As used in this section, "educator" means a person employed by a school district,
203charter school, or the Utah Schools for the Deaf and the Blind who holds:
204 (a) (i) a license issued by the state board; and
205 (ii) a position as a:
206 (A) classroom teacher;
207 (B) speech pathologist;
208 (C) librarian or media specialist;
209 (D) preschool teacher;
210 (E) mentor teacher;
211 (F) teacher specialist or teacher leader; 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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212 (G) guidance counselor;
213 (H) audiologist;
214 (I) psychologist; or
215 (J) social worker; or
216 (b) (i) a license issued by the Division of Professional Licensing; and
217 (ii) a position as a social worker.
218 (2) In recognition of the need to attract and retain highly skilled and dedicated
219educators, the Legislature shall annually appropriate money for educator salary adjustments,
220subject to future budget constraints.
221 [(3) Money appropriated to the state board]
222 (3) (a) The state board shall distribute to each school district, each charter school, and
223the Utah Schools for the Deaf and the Blind money that the Legislature appropriates for
224educator salary adjustments based on the number of educator positions described in Subsection
225(4) in the school district, the charter school, or the Utah Schools for the Deaf and the Blind.
226 (b) Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the
227full amount of educator salary adjustments described in this section, the state board shall
228distribute money appropriated for educator salary adjustments [shall be distributed] to school
229districts, charter schools, and the Utah Schools for the Deaf and the Blind in proportion to the
230number of full-time-equivalent educator positions in a school district, a charter school, or the
231Utah Schools for the Deaf and the Blind as compared to the total number of
232full-time-equivalent educator positions in school districts, charter schools, and the Utah
233Schools for the Deaf and the Blind.
234 (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
235shall award bonuses to educators as follows:
236 (a) the amount of the salary adjustment [shall be the same] for each
237full-time-equivalent educator [position in the school district, charter school, or the Utah
238Schools for the Deaf and the Blind;] is:
239 (i) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
240effect, $8,400; or
241 (ii) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
242and in effect, $4,200. 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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243 (b) an individual who is not a full-time educator shall receive a partial salary
244adjustment based on the number of hours the individual works as an educator; and
245 (c) a salary adjustment may be awarded only to an educator who has received a
246satisfactory rating or above on the educator's most recent evaluation.
247 (5) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
248Act, the state board:
249 (a) shall make rules to ensure that LEAs do not reduce or artificially limit a teacher's
250salary to convert the salary supplement in this section into a windfall to the LEA; and
251 (b) may make rules as necessary to administer this section [in accordance with Title
25263G, Chapter 3, Utah Administrative Rulemaking Act].
253 (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
254money each year to:
255 (i) maintain educator salary adjustments provided in prior years; and
256 (ii) provide educator salary adjustments to new employees.
257 (b) Money appropriated for educator salary adjustments shall include money for the
258following employer-paid benefits:
259 (i) retirement;
260 (ii) worker's compensation;
261 (iii) social security; and
262 (iv) Medicare.
263 (7) (a) Subject to future budget constraints, the Legislature shall:
264 (i) maintain the salary adjustments provided to school administrators in the 2007-08
265school year; and
266 (ii) provide salary adjustments for new school administrators in the same amount as
267provided for existing school administrators.
268 (b) The appropriation provided for educator salary adjustments described in this
269section shall include salary adjustments for school administrators as specified in Subsection
270(7)(a).
271 (c) In distributing and awarding salary adjustments for school administrators, the state
272board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
273comply with the requirements for the distribution and award of educator salary adjustments as 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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274provided in Subsections (3) and (4).
275 Section 4. Section 53F-6-401 is enacted to read:
276 Part 4. Utah Fits All Scholarship Program
277 53F-6-401. Definitions.
278 As used in this part:
279 (1) "Eligible student" means a student:
280 (a) who is eligible to participate in public school, in kindergarten, or grades 1 through
28112;
282 (b) who is a resident of the state;
283 (c) who, during the school year for which the student is applying for a scholarship
284account:
285 (i) does not receive a scholarship under:
286 (A) the Carson Smith Scholarship Program established in Section 53F-4-302; or
287 (B) the Special Needs Opportunity Scholarship Program established in Section
28853E-7-402; and
289 (ii) is not enrolled in an LEA upon receiving the scholarship; and
290 (d) whose eligibility is not suspended or disqualified under Section 53F-6-401.
291 (2) "Federal poverty level" means the United States poverty level as defined by the
292most recently revised poverty income guidelines published by the United States Department of
293Health and Human Services in the Federal Register.
294 (3) (a) "Out-of-program home school student" means a student who:
295 (i) is eligible to participate in public school, in kindergarten or grades 1 through 12;
296 (ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
297attend a home school; and
298 (iii) does not receive a benefit of scholarship funds.
299 (b) "Out-of-program home school student" does not mean a scholarship student.
300 (4) "Program manager" means an organization that:
301 (a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
302 (b) is not affiliated with any international organization;
303 (c) does not harvest data for the purpose of reproducing or distributing the data to other
304entities; 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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305 (d) has no involvement in guiding or directing any curriculum or curriculum standards;
306 (e) does not manage or otherwise administer a scholarship under:
307 (i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
308 (ii) the Special Needs Opportunity Scholarship Program established in Section
30953E-7-402; and
310 (f) an agreement with the state board recognizes as a program manager, in accordance
311with this part.
312 (5) (a) "Program manager employee" means an individual working for the program
313manager in a position in which the individual's salary, wages, pay, or compensation, including
314as a contractor, is paid from scholarship funds.
315 (b) "Program manager employee" does not include:
316 (i) an individual who volunteers for the program manager or for a qualifying provider;
317 (ii) an individual who works for a qualifying provider; or
318 (iii) a qualifying provider.
319 (6) "Program manager officer" means:
320 (a) a member of the board of a program manager; or
321 (b) the chief administrative officer of a program manager.
322 (7) "Qualifying provider" means one of the following entities that is not a public school
323and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
324 (a) an eligible school that the program manager approves in accordance with Section
32553F-6-408; or
326 (b) an eligible service provider that the program manager approves in accordance with
327Section 53F-6-409.
328 (8) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
329uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
330sister-in-law, son-in-law, or daughter-in-law.
331 (9) "Scholarship account" means the account to which a program manager allocates
332funds for the payment of approved scholarship expenses in accordance with this part.
333 (10) "Scholarship expense" means an expense described in Section 53F-6-402 that a
334parent or scholarship student incurs in the education of the scholarship student for a service or
335goods that a qualifying provider provides, including: 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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336 (a) tuition and fees of a qualifying provider;
337 (b) fees and instructional materials at a technical college;
338 (c) tutoring services;
339 (d) fees for after-school or summer education programs;
340 (e) textbooks, curricula, or other instructional materials, including any supplemental
341materials or associated online instruction that a curriculum or a qualifying provider
342recommends;
343 (f) educational software and applications;
344 (g) supplies or other equipment related to a scholarship student's educational needs;
345 (h) computer hardware or other technological devices that are intended primarily for a
346scholarship student's educational needs;
347 (i) fees for the following examinations, or for a preparation course for the following
348examinations, that the program manager approves:
349 (i) a national norm-referenced or standardized assessment described in Section
35053F-6-410, an advanced placement examination, or another similar assessment;
351 (ii) a state-recognized industry certification examination; and
352 (iii) an examination related to college or university admission;
353 (j) educational services for students with disabilities from a licensed or accredited
354practitioner or provider, including occupational, behavioral, physical, audiology, or
355speech-language therapies;
356 (k) contracted services that the program manager approves and that an LEA provides,
357including individual classes, after-school tutoring services, transportation, or fees or costs
358associated with participation in extracurricular activities;
359 (l) ride fees or fares for a fee-for-service transportation provider to transport the
360scholarship student to and from a qualifying provider, not to exceed $750 in a given school
361year;
362 (m) expenses related to extra-curricular activities, field trips, educational supplements,
363and other educational experiences; or
364 (n) any other expense for a good or service that:
365 (i) a parent or scholarship student incurs in the education of the scholarship student;
366and 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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367 (ii) the program manager approves, in accordance with Subsection (4)(d).
368 (11) "Scholarship funds" means:
369 (a) funds that the Legislature appropriates for the program; and
370 (b) interest that scholarship funds accrue.
371 (12) (a) "Scholarship student" means an eligible student for whom the program
372manager establishes and maintains a scholarship account in accordance with this part.
373 (b) "Scholarship student" does not include an out-of-program home school student.
374 (13) "Utah Fits All Scholarship Program" or "program" means the scholarship program
375established in Section 53F-6-402.
376 Section 5. Section 53F-6-402 is enacted to read:
377 53F-6-402. Utah Fits All Scholarship Program -- Scholarship account application
378-- Scholarship expenses -- Program information.
379 (1) There is established the Utah Fits All Scholarship Program under which, beginning
380March 1, 2024, a parent may apply to a program manager on behalf of the parent's student to
381establish and maintain a scholarship account to cover the cost of a scholarship expense.
382 (2) (a) The program manager shall establish and maintain, in accordance with this part,
383scholarship accounts for eligible students.
384 (b) The program manager shall:
385 (i) determine that a student meets the requirements to be an eligible student; and
386 (ii) subject to Subsection (2)(c), each year the student is an eligible student, maintain a
387scholarship account for the scholarship student to pay for the cost of one or more scholarship
388expenses that the student or student's parent incurs in the student's education.
389 (c) Each year, subject to this part and legislative appropriations, a scholarship student
390is eligible for no more than:
391 (i) for the 2024-2025 school year, $8,000; and
392 (ii) for each school year following the 2024-2025 school year, the maximum allowed
393amount under this Subsection (2)(c) in the previous year plus a percentage increase that is
394equal to the five-year rolling average inflationary factor described in Section 53F-2-405.
395 (3) (a) A program manager shall establish a scholarship account on behalf of an
396eligible student who submits a timely application, unless the number of applications exceed
397available scholarship funds for the school year. 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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398 (b) If the number of applications exceeds the available scholarship funds for a school
399year, the program manager shall select students on a random basis, except as provided in
400Subsection (6).
401 (c) An eligible student or a public education student shall submit an application for an
402initial scholarship or renewal for each school year that the student intends to receive
403scholarship funds.
404 (4) (a) An application for a scholarship account shall contain an acknowledgment by
405the student's parent that the qualifying provider selected by the parent for the student's
406enrollment or engagement is capable of providing education services for the student.
407 (b) A scholarship account application form shall contain the following statement:
408 "I acknowledge that:
409 (1) A qualifying provider may not provide the same level of disability services that are
410provided in a public school:
411 (2) I will assume full financial responsibility for the education of my scholarship
412recipient if I agree to this scholarship account;
413 (3) Agreeing to establish this scholarship account has the same effect as a parental
414refusal to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the
415Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and
416 (4) My child may return to a public school at any time.".
417 (c) Upon agreeing to establish a scholarship account, the parent assumes full financial
418responsibility for the education of the scholarship student, including the balance of any expense
419incurred at a qualifying provider or for goods that are not paid for by the scholarship student's
420scholarship account.
421 (d) Agreeing to establish a scholarship account has the same effect as a parental refusal
422to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the Individuals with
423Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
424 (e) The creation of the program or establishment of a scholarship account on behalf of
425a student does not:
426 (i) imply that a public school did not provide a free and appropriate public education
427for a student; or
428 (ii) constitute a waiver or admission by the state. 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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429 (5) A program manager may not charge a scholarship account application fee.
430 (6) A program manager shall give an enrollment preference based on the following
431order of preference:
432 (a) to an eligible student who used a scholarship account in the previous school year;
433 (b) to an eligible student:
434 (i) who did not use a scholarship account in the previous school year; and
435 (ii) with a family income at or below 200% of the federal poverty level;
436 (c) to an eligible student who is a sibling of an eligible student who:
437 (i) uses a scholarship account at the time the sibling applies for a scholarship account;
438or
439 (ii) used a scholarship account in the school year immediately preceding the school
440year for which the sibling is applying for a scholarship account; and
441 (d) to an eligible student:
442 (i) who did not use a scholarship account in the previous school year; and
443 (ii) with a family income between 200% and 555% of the federal poverty level.
444 (7) (a) Subject to Subsections (7)(b) through (e), a parent may use a scholarship
445account to pay for a scholarship expense that a parent or scholarship student incurs in the
446education of the scholarship student.
447 (b) A scholarship student or the scholarship student's parent may not use a scholarship
448account for an expense that the student or parent does not incur in the education of the
449scholarship student, including:
450 (i) a rehabilitation program that is not primarily designed for an educational purpose;
451or
452 (ii) a travel expense other than a transportation expense described in Section
45353F-6-401.
454 (c) The program manager may not:
455 (i) approve a scholarship expense for a service that a qualifying provider provides
456unless the program manager determines that the scholarship student or the scholarship student's
457parent incurred the expense in the education of the scholarship student; or
458 (ii) reimburse a scholarship expense for a service or good that a provider that is not a
459qualifying provider provides unless: 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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460 (A) the parent or scholarship student submits a receipt that shows the cost and type of
461service or good and the name of provider; and
462 (B) the program manager determines that the parent or scholarship student incurred the
463expense in the education of the scholarship student.
464 (d) The parent of a scholarship student may not receive scholarship funds as payment
465for the parent's time spent educating the parent's child.
466 (e) Except for cases in which a scholarship student or the scholarship student's parent is
467convicted of fraud in relation to scholarship funds, if a qualifying provider, scholarship student,
468or scholarship student's parent repays an expenditure from a scholarship account for an expense
469that is not approved under this Subsection (7), the program manager shall credit the repaid
470amount back to the scholarship account balance within 30 days after the day on which the
471program manager receives the repayment.
472 (8) Notwithstanding any other provision of law, funds that the program manager
473disburses under this part to a scholarship account on behalf of a scholarship student do not
474constitute state taxable income to the parent of the scholarship student.
475 (9) The program manager shall prepare and disseminate information on the program to
476a parent applying for a scholarship account on behalf of a student, including the information
477that the program manager provides in accordance with Section 53F-6-405.
478 (10) On or before September 1, 2023, and as frequently as necessary to maintain the
479information, the state board shall provide information on the state board's website, including:
480 (a) scholarship account information;
481 (b) information on the program manager, including the program manager's contact
482information; and
483 (c) an overview of the program.
484 Section 6. Section 53F-6-403 is enacted to read:
485 53F-6-403. Qualifying providers.
486 (1) Before the beginning of the school year immediately following a school year in
487which a qualifying provider receives scholarship funds equal to or more than $500,000, the
488qualifying provider shall file with the program manager a surety bond payable to the program
489manager in an amount equal to the aggregate amount of scholarship funds expected to be
490received during the school year. 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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491 (2) If a program manager determines that a qualifying provider has violated a provision
492of this part, the program manager may interrupt disbursement of or withhold scholarship funds
493from the qualifying provider.
494 (3) (a) If the program manager determines that a qualifying provider no longer meets
495the eligibility requirements described in this part, the program manager may withdraw the
496organization's approval of the qualifying provider.
497 (b) A provider or person that does not have the approval of the program manager in
498accordance with the following may not accept scholarship funds for services under this part:
499 (i) Section 53F-6-408 regarding eligible schools; or
500 (ii) Section 53F-6-409 regarding eligible service providers.
501 (4) If a qualifying provider requires partial payment of tuition or fees before the
502beginning of the academic year to reserve space for a scholarship student who has been
503admitted to the qualifying provider, the program manager may:
504 (a) pay the partial payment before the beginning of the school year in which the
505scholarship funds are awarded; and
506 (b) deduct the amount of the partial payment from subsequent scholarship fund
507deposits in an equitable manner that provides the best availability of scholarship funds to the
508student throughout the remainder of the school year.
509 (5) If a scholarship student described in Subsection (4)(a) chooses to withdraw from or
510otherwise not engage with the qualifying provider before the beginning of the school year:
511 (a) the qualifying provider shall remit the partial payment described in Subsection
512(4)(a) to the program manager; and
513 (b) the program manager shall credit the remitted partial payment to the scholarship
514student's scholarship account.
515 Section 7. Section 53F-6-404 is enacted to read:
516 53F-6-404. State board procurement and review of program manager -- Failure to
517comply.
518 (1) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
519board shall issue a request for proposals, on or before June 15, 2023, and enter an agreement
520with no more than one organization that qualifies as tax exempt under Section 501(c)(3),
521Internal Revenue Code, for the state board to recognize as the program manager, on or before 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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522September 1, 2023.
523 (b) An organization that responds to a request for proposals described in Subsection
524(1)(a) shall submit the following information in the organization's response:
525 (i) a copy of the organization's incorporation documents;
526 (ii) a copy of the organization's Internal Revenue Service determination letter
527qualifying the organization as being tax exempt under Section 501(c)(3), Internal Revenue
528Code;
529 (iii) a description of the methodology the organization will use to verify a student's
530eligibility under this part;
531 (iv) a description of the organization's proposed scholarship account application
532process; and
533 (v) an affidavit or other evidence that the organization:
534 (A) is not affiliated with any international organization;
535 (B) does not harvest data for the purpose of reproducing or distributing the data to
536another entity; and
537 (C) has no involvement in guiding or directing any curriculum standards.
538 (c) The state board shall ensure that the agreement described in Subsection (1)(a):
539 (i) ensures the efficiency and success of the program; and
540 (ii) does not impose any requirements on the program manager that:
541 (A) are not essential to the basic administration of the program; or
542 (B) create restrictions, directions, or mandates regarding instructional content or
543curriculum.
544 (2) The state board may regulate and take enforcement action as necessary against a
545program manager in accordance with the provisions of the state board's agreement with the
546program manager.
547 (3) (a) If the state board determines that a program manager has violated a provision of
548this part or a provision of the state board's agreement with the program manager, the state
549board shall send written notice to the program manager explaining the violation and the
550remedial action required to correct the violation.
551 (b) A program manager that receives a notice described in Subsection (3)(a) shall, no
552later than 60 days after the day on which the program manager receives the notice, correct the 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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553violation and report the correction to the state board.
554 (c) (i) If a program manager that receives a notice described in Subsection (3)(a) fails
555to correct a violation in the time period described in Subsection (3)(b), the state board may bar
556the program manager from further participation in the program.
557 (ii) A program manager may appeal a decision of the state board under Subsection
558(3)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
559 (d) A program manager may not accept state funds while the program manager:
560 (i) is barred from participating in the program under Subsection (3)(c)(i); or
561 (ii) has an appeal pending under Subsection (3)(c)(ii).
562 (e) A program manager that has an appeal pending under Subsection (3)(c)(ii) may
563continue to administer scholarship accounts during the pending appeal.
564 (4) The state board shall establish a process for a program manager to report the
565information the program manager is required to report to the state board under Section
56653F-6-405.
567 (5) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
568Administrative Rulemaking Act, and include provisions in the state board's agreement with the
569scholarship organization for:
570 (a) subject to Subsection (6), the administration of scholarship accounts and
571disbursement of scholarship funds if a program manager is barred from participating in the
572program under Subsection (3)(c)(i); and
573 (b) audit and report requirements as described in Section 53F-7-405.
574 (6) (a) The state board shall include in the rules and provisions described in Subsection
575(5)(a) measures to ensure that the establishment and maintenance of scholarship accounts and
576enrollment in the program are not disrupted if the program manager is barred from participating
577in the program.
578 (b) The state board may, if the program manager is barred from participating in the
579program, issue a new request for proposals and enter into a new agreement with an alternative
580program manager in accordance with this section.
581 (7) (a) On or before January 1, 2024, the state board shall:
582 (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
583Rulemaking Act, to establish a process for a scholarship student or a scholarship student's 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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584parent to appeal any administrative decision of the program manager for state board resolution
585within 30 days after the day of the appeal, including:
586 (A) scholarship expense denials; and
587 (B) determinations regarding enrollment eligibility or suspension or disqualification
588under Section 53F-6-405; and
589 (ii) make information available regarding the appeals process on the state board's
590website and on the scholarship application.
591 (b) If the state board stays or reverses an administrative decision of the program
592manager on appeal, the program manager may not withhold scholarship funds or application
593approval for the scholarship student on account of the appealed administrative decision unless
594as the state board expressly allows.
595 (8) The state board may not include a provision in any rule that creates or implies a
596restriction, direction, or mandate regarding instructional content or curriculum.
597 Section 8. Section 53F-6-405 is enacted to read:
598 53F-6-405. Program manager duties -- Audit -- Prohibitions.
599 (1) The program manager shall administer the program, including:
600 (a) maintaining an application website that includes information on enrollment,
601relevant application dates, and dates for notification of acceptance;
602 (b) reviewing applications from and determining if a person is:
603 (i) an eligible school under Section 53F-6-408; or
604 (ii) an eligible service provider under Section 53F-6-409;
605 (c) establishing an application process, including application dates opening before
606March 1, 2024, in accordance with Section 53F-6-402;
607 (d) reviewing and granting or denying applications for a scholarship account;
608 (e) providing an online portal for the parent of a scholarship student to access the
609scholarship student's account;
610 (f) ensuring that scholarship funds in a scholarship account are readily available to a
611scholarship student;
612 (g) requiring a parent to notify the program manager if the parent's scholarship student
613is no longer enrolled in or engaging a service:
614 (i) for which the scholarship student receives scholarship funds; and 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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615 (ii) that is provided to the scholarship student for an entire school year;
616 (h) obtaining reimbursement of scholarship funds from a qualifying provider that
617provides the services in which a scholarship student is no longer enrolled or with which the
618scholarship student is no longer engaged;
619 (i) expending all revenue from interest on scholarship funds or investments on
620scholarship expenses;
621 (j) each time the program manager makes an administrative decision that is adverse to
622a scholarship student or the scholarship student's parent, informing the scholarship student and
623the scholarship student's parent of the opportunity and process to appeal an administrative
624decision of the program manager to the state board in accordance with the process described in
625Section 53F-6-404;
626 (k) maintaining a protected internal waitlist of all eligible students who have applied to
627the program and are not yet scholarship students, including any student who removed the
628student's application from the waitlist; and
629 (l) providing aggregate data regarding the number of scholarship students and the
630number of eligible students on the waitlist described in Subsection (1)(l).
631 (2) The program manager shall:
632 (a) contract with one or more private entities to develop and implement a commercially
633viable, cost-effective, and parent-friendly system to:
634 (i) establish scholarship accounts;
635 (ii) maximize payment flexibility by allowing:
636 (A) for payment of services to qualifying providers using scholarship funds by
637electronic or online funds transfer; and
638 (B) pre-approval of a reimbursement to a parent for a good that is a scholarship
639expense; and
640 (iii) allow scholarship students and scholarship student's parents to publicly rate,
641review, and share information about qualifying providers; and
642 (b) ensure that the system complies with industry standards for data privacy and
643cybersecurity, including ensuring compliance with the Family Educational Rights and Privacy
644Act, 34 C.F.R. Part 99.
645 (3) In advance of the program manager accepting applications in accordance with 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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646Section 53F-6-402 and as regularly as information develops, the program manager shall
647provide information regarding the program by publishing a program handbook online for
648scholarship applicants, scholarship students, parents, service providers seeking to become
649qualifying providers and qualifying providers, that includes information regarding:
650 (a) the policies and processes of the program;
651 (b) approved scholarship expenses and qualifying providers;
652 (c) the responsibilities of parents regarding the program and scholarship funds;
653 (d) the duties of the program manager;
654 (e) the opportunity and process to appeal an administrative decision of the program
655manager to the state board in accordance with the process described in Section 53F-6-404; and
656 (f) the role of any private financial management firms or other private organizations
657with which the program manager may contract to administer any aspect of the program.
658 (4) To ensure the fiscal security and compliance of the program, the program manager
659shall:
660 (a) prohibit a program manager employee or program manager officer from handling,
661managing, or processing scholarship funds, if, based on a criminal background check that the
662state board conducts in accordance with Section 53F-6-407, the state board identifies the
663program manager employee or program manager officer as posing a risk to the appropriate use
664of scholarship funds;
665 (b) establish procedures to ensure a fair process to:
666 (i) suspend scholarship student's eligibility for the program in the event of the
667scholarship student's or scholarship student's parent's:
668 (A) intentional or substantial misuse of scholarship funds; or
669 (B) violation of this part or the terms of the program; and
670 (ii) if the program manager obtains evidence of fraudulent use of scholarship funds,
671refer the case to the attorney general for collection or criminal investigation;
672 (iii) ensure that a scholarship student whose eligibility is suspended or disqualified
673under this Subsection (4)(b) or Subsection (4)(c) based on the actions of the student's parent
674regains eligibility if the student is placed with a different parent or otherwise no longer resides
675with the parent related to the suspension or disqualification;
676 (c) notify the state board, scholarship student, and scholarship student's parent in 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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677writing:
678 (i) of the suspension described in Subsection (4)(b)(i);
679 (ii) that no further transactions, disbursements, or reimbursements are allowed;
680 (iii) that the scholarship student or scholarship student's parent may take corrective
681action within 10 business days of the day on which the program manager provides the
682notification; and
683 (iv) that without taking the corrective action within the time period described in
684Subsection (4)(c)(iii), the program manager may disqualify the student's eligibility.
685 (5) (a) A program manager may not:
686 (i) disburse scholarship funds to a qualifying provider or allow a qualifying provider to
687use scholarship funds if:
688 (A) the program manager determines that the qualifying provider intentionally or
689substantially misrepresented information on overpayment;
690 (B) the qualifying provider fails to refund an overpayment in a timely manner; or
691 (C) the qualifying provider routinely fails to provide scholarship students with
692promised educational services; or
693 (ii) reimburse with scholarship funds an individual for the purchase of a good or
694service if the program manager determines that:
695 (A) the scholarship student or the scholarship student's parent requesting
696reimbursement intentionally or substantially misrepresented the cost or educational purpose of
697the good or service; or
698 (B) the relevant scholarship student was not the exclusive user of the good or service.
699 (b) A program manager shall notify a scholarship student if the program manager:
700 (i) stops disbursement of the scholarship student's scholarship funds to a qualifying
701provider under Subsection (5)(a)(i); or
702 (ii) refuses reimbursement under Subsection (5)(a)(ii).
703 (6) (a) At any time, a scholarship student may change the qualifying provider to which
704the scholarship student's scholarship account makes distributions.
705 (b) If, during the school year, a scholarship student changes the student's enrollment in
706or engagement with a qualifying provider to another qualifying provider, the program manager
707may prorate scholarship funds between the qualifying providers based on the time the 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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708scholarship student received the goods or services or was enrolled.
709 (7) A program manager may not subvert the enrollment preferences required under
710Section 53F-6-402 or other provisions of this part to establish a scholarship account on behalf
711of a relative of a program manager officer.
712 (8) The program manager shall:
713 (a) contract for annual and random audits on scholarship accounts conducted:
714 (i) by a certified public accountant who is independent from:
715 (A) the program manager;
716 (B) the state board; and
717 (C) the program manager's accounts and records pertaining to scholarship funds; and
718 (ii) in accordance with generally accepted auditing standards;
719 (b) demonstrate the program manager's financial accountability by annually submitting
720to the state board the following:
721 (i) a financial information report that a certified public accountant prepares and that
722includes the total number and total dollar amount of scholarship funds disbursed during the
723previous calendar year; and
724 (ii) no later than 180 days after the last day of the program manager's fiscal year, the
725results of the audits described in Subsection (8)(a), including the program manager's financial
726statements in a format that meets generally accepted accounting principles.
727 (9) (a) The state board:
728 (i) shall review a report described in this section; and
729 (ii) may request that the program manager revise or supplement the report if the report
730does not fully comply with this section.
731 (b) The program manager shall provide to the state board a revised report or a
732supplement to the report no later than 45 days after the day on which the state board makes a
733request described in Subsection (9)(a).
734 Section 9. Section 53F-6-406 is enacted to read:
735 53F-6-406. Qualifying provider regulatory autonomy -- Home school autonomy --
736Student records -- Scholarship student status.
737 (1) Nothing in this part:
738 (a) except as expressly described in this part, grants additional authority to any state 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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739agency or LEA to regulate or control:
740 (i) a private school, qualifying provider, or home school;
741 (ii) students receiving education from a private school, qualifying provider, or home
742school;
743 (b) applies to or otherwise affects the freedom of choice of an out-of-program home
744school student, including the curriculum, resources, developmental planning, or any other
745aspect of the out-of-program home school student's education; or
746 (c) expands the regulatory authority of the state, a state office holder, or an LEA to
747impose any additional regulation of a qualifying provider beyond any regulation necessary to
748administer this part.
749 (2) A qualifying provider:
750 (a) has a right to maximum freedom from unlawful governmental control in providing
751for the educational needs of a scholarship student who attends or engages with the qualifying
752provider; and
753 (b) is not an agent of the state by virtue of the provider's acceptance of payment from a
754scholarship account in accordance with this part.
755 (3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section
75653F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service
757providers, a program manager may not require a qualifying provider to alter the qualifying
758provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept
759scholarship funds.
760 (4) An LEA or a school in an LEA in which a scholarship student was previously
761enrolled shall provide to the scholarship student's parent a copy of all school records relating to
762the student that the LEA possesses within 30 days after the day on which the LEA or school
763receives the parent's request for the student's records, subject to:
764 (a) Title 53E, Chapter 9, Student Privacy and Data Protection; and
765 (b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
766 (5) By virtue of a scholarship student's involvement in the program and unless
767otherwise expressly provided in statute, a scholarship student is not:
768 (a) enrolled in the public education system; or
769 (b) otherwise subject to statute, administrative rules, or other state regulations as if the 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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770student was enrolled in the public education system.
771 Section 10. Section 53F-6-407 is enacted to read:
772 53F-6-407. Background checks for program manager -- Bureau responsibilities --
773Fees.
774 (1) As used in this section:
775 (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
776within the Department of Public Safety.
777 (b) "Department" means the Department of Public Safety.
778 (c) "Division" means the Criminal Investigations and Technical Services Division
779created in Section 53-10-103.
780 (d) "Personal identifying information" means:
781 (i) current name;
782 (ii) former names;
783 (iii) nicknames;
784 (iv) aliases;
785 (v) date of birth;
786 (vi) address;
787 (vii) telephone number;
788 (viii) driver license number or other government-issued identification number;
789 (ix) social security number; and
790 (x) fingerprints.
791 (e) "Rap back system" means a system that enables authorized entities to receive
792ongoing status notifications of any criminal history reported on individuals whose fingerprints
793are registered in the system.
794 (f) "WIN Database" means the Western Identification Network Database that consists
795of eight western states sharing one electronic fingerprint database.
796 (2) The program manager shall:
797 (a) require an employee or officer of the program manager to submit to a criminal
798background check and ongoing monitoring;
799 (b) collect the following from an employee or officer of the program manager:
800 (i) personal identifying information; 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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801 (ii) a fee described in Subsection (4); and
802 (iii) consent, on a form specified by the program manager, for:
803 (A) an initial fingerprint-based background check by the bureau;
804 (B) retention of personal identifying information for ongoing monitoring through
805registration with the systems described in Subsection (3); and
806 (C) disclosure of any criminal history information to the program manager;
807 (c) submit the personal identifying information of an employee or officer of the
808program manager to the bureau for:
809 (i) an initial fingerprint-based background check by the bureau; and
810 (ii) ongoing monitoring through registration with the systems described in Subsection
811(3) if the results of the initial background check do not contain disqualifying criminal history
812information as determined by the program manager;
813 (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
814that the program manager only receives notifications for individuals with whom the program
815manager maintains an authorizing relationship; and
816 (e) submit the information to the bureau for ongoing monitoring through registration
817with the systems described in Subsection (3).
818 (3) The bureau shall:
819 (a) upon request from the program manager, register the fingerprints submitted by the
820program manager as part of a background check with the WIN Database rap back system, or
821any successor system;
822 (b) notify the program manager when a new entry is made against an individual whose
823fingerprints are registered with the WIN Database rap back system regarding:
824 (i) an alleged offense; or
825 (ii) a conviction, including a plea in abeyance;
826 (c) assist the program manager to identify the appropriate privacy risk mitigation
827strategy that is to be used to ensure that the program manager only receives notifications for
828individuals with whom the authorized entity maintains an authorizing relationship; and
829 (d) collaborate with the program manager to provide training to appropriate program
830manager employees on the notification procedures and privacy risk mitigation strategies
831described in this section. 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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832 (4) (a) The division shall impose fees that the division sets in accordance with Section
83363J-1-504 for the fingerprint card of an employee or officer of the program manager, for a
834name check, and to register fingerprints under this section.
835 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
836as a dedicated credit by the department to cover the costs incurred in providing the information.
837 Section 11. Section 53F-6-408 is enacted to read:
838 53F-6-408. Eligible schools.
839 (1) To be eligible to receive scholarship funds on behalf of a scholarship student as an
840eligible school, a private school with 150 or more enrolled students shall:
841 (a) (i) contract with an independent licensed certified public accountant to conduct an
842agreed upon procedures engagement as the state board adopts, or obtain an audit and report
843that:
844 (A) a licensed independent certified public accountant conducts in accordance with
845generally accepted auditing standards;
846 (B) presents the financial statements in accordance with generally accepted accounting
847principles; and
848 (C) audits financial statements from within the 12 months immediately preceding the
849audit; and
850 (ii) submit the audit report or report of the agreed upon procedure to the program
851manager when the private school applies to receive scholarship funds;
852 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
853 (c) provide a written disclosure to the parent of each prospective scholarship student,
854before the student is enrolled, of:
855 (i) the education services that the school will provide to the scholarship student,
856including the cost of the provided services;
857 (ii) tuition costs;
858 (iii) additional fees the school will require a parent to pay during the school year; and
859 (iv) the skill or grade level of the curriculum in which the prospective scholarship
860student will participate; and
861 (d) require the following individuals to submit to a nationwide, fingerprint-based
862criminal background check and ongoing monitoring, in accordance with Section 53G-11-402, 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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863as a condition for employment or appointment, as authorized by the Adam Walsh Child
864Protection and Safety Act of 2006, Pub. L. No. 109-248:
865 (i) an employee who does not hold:
866 (A) a current Utah educator license issued by the state board under Title 53E, Chapter
8676, Education Professional Licensure; or
868 (B) if the private school is not physically located in Utah, a current educator license in
869the state where the private school is physically located; and
870 (ii) a contract employee.
871 (2) A private school described in Subsection (1) is not eligible to receive scholarship
872funds if:
873 (a) the private school requires a scholarship student to sign a contract waiving the
874scholarship student's right to transfer to another qualifying provider during the school year;
875 (b) the audit report described in Subsection (1)(a) contains a going concern explanatory
876paragraph; or
877 (c) the report of the agreed upon procedures described in Subsection (1)(a) shows that
878the private school does not have adequate working capital to maintain operations for the first
879full year.
880 (3) To be eligible to receive scholarship funds on behalf of a scholarship student as an
881eligible school, a private school with fewer than 150 enrolled students shall:
882 (a) provide to the program manager:
883 (i) a federal employer identification number;
884 (ii) the provider's address and contact information;
885 (iii) a description of each program or service the provider proposes to offer a
886scholarship student; and
887 (iv) any other information as required by the program manager; and
888 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
889 (4) A private school described in Subsection (3) is not eligible to receive scholarship
890funds if the private school requires a scholarship student to sign a contract waiving the
891student's rights to transfer to another qualifying provider during the school year.
892 (5) To be eligible to receive scholarship funds on behalf of a scholarship student as an
893eligible school, an LEA shall: 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
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894 (a) provide to the program manager:
895 (i) a federal employer identification number;
896 (ii) the LEA's address and contact information;
897 (iii) a description of each program or service the LEA proposes to offer to scholarship
898students; and
899 (iv) any other information as required by the program manager;
900 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.; and
901 (c) enter into an agreement with the program manager regarding the provision of
902services to a scholarship student through which:
903 (i) the scholarship student does not enroll in the LEA;
904 (ii) in accordance with Subsection 53F-2-302(2), the LEA does not receive WPU
905funding related to the student's participation with the LEA; and
906 (iii) the LEA and program manager ensure that a scholarship student does not
907participate in a course or program at the LEA except in accordance with the agreement
908described in this Subsection (5)(c) under the program.
909 (6) An LEA described in Subsection (5) is not eligible to receive scholarship funds if:
910 (a) the LEA requires a public education system scholarship student to sign a contract
911waiving the student's rights to transfer to another qualifying provider during the school year; or
912 (b) the LEA refuses to offer services that do not require LEA enrollment to scholarship
913students under the program.
914 (7) Residential treatment facilities licensed by the state are not eligible to receive
915scholarship funds.
916 (8) A private school or LEA intending to receive scholarship funds shall:
917 (a) submit an application to the program manager; and
918 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
919scholarship student's parents in any manner except remittances or refunds to a scholarship
920account in accordance with this part and procedures that the program manager establishes.
921 (9) The program manager shall:
922 (a) if the private school or LEA meets the eligibility requirements of this section,
923recognize the private school or LEA as an eligible school and approve the application; and
924 (b) make available to the public a list of eligible schools approved under this section. 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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925 (10) A private school approved under this section that changes ownership shall:
926 (a) cease operation as an eligible school until:
927 (i) the school submits a new application to the program manager; and
928 (ii) the program manager approves the new application; and
929 (b) demonstrate that the private school continues to meet the eligibility requirements of
930this section.
931 Section 12. Section 53F-6-409 is enacted to read:
932 53F-6-409. Eligible service providers.
933 (1) To be an eligible service provider, a private program or service:
934 (a) shall provide to the program manager:
935 (i) a federal employer identification number;
936 (ii) the provider's address and contact information;
937 (iii) a description of each program or service the provider proposes to offer directly to a
938scholarship student; and
939 (iv) subject to Subsection (2), any other information as required by the program
940manager;
941 (b) shall comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
942 (c) may not act as a consultant, clearing house, or intermediary that connects a
943scholarship student with or otherwise facilitates the student's engagement with a program or
944service that another entity provides.
945 (2) The program manager shall adopt policies that maximize the number of eligible
946service providers, including accepting new providers throughout the school year, while
947ensuring education programs or services provided through the program meet student needs and
948otherwise comply with this part.
949 (3) A private program or service intending to receive scholarship funds shall:
950 (a) submit an application to the program manager; and
951 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
952scholarship students' parents in any manner except remittances or refunds to a scholarship
953account in accordance with this part and procedures that the program manager establishes.
954 (4) The program manager shall:
955 (a) if the private program or service meets the eligibility requirements of this section, 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 32 -
956recognize the private program or service as an eligible service provider and approve a private
957program or service's application to receive scholarship funds on behalf of a scholarship student;
958and
959 (b) make available to the public a list of eligible service providers approved under this
960section.
961 (5) A private program or service approved under this section that changes ownership
962shall:
963 (a) cease operation as an eligible service provider until:
964 (i) the program or service submits a new application to the program manager; and
965 (ii) the program manager approves the new application; and
966 (b) demonstrate that the private program or service continues to meet the eligibility
967requirements of this section.
968 Section 13. Section 53F-6-410 is enacted to read:
969 53F-6-410. Parental rights -- Optional assessment.
970 (1) In accordance with Section 53G-6-803 regarding a parent's right to academic
971accommodations, nothing in this chapter restricts or affects a parent's interests and role in the
972care, custody, and control of the parent's child, including the duty and right to nurture and
973direct the child's upbringing and education.
974 (2) (a) A parent may request that the program manager facilitate one of the following
975assessments of the parent's scholarship student:
976 (i) a standards assessment described in Section 53E-4-303;
977 (ii) a high school assessment described in Section 53E-4-304;
978 (iii) a college readiness assessment described in Section 53E-4-305;
979 (iv) an assessment of students in grade 3 to measure reading grade level described in
980Section 53E-4-307; or
981 (v) a nationally norm-referenced assessment.
982 (b) (i) Notwithstanding any other provision of law, the entity administering an
983assessment described in Subsection (2)(a) to a scholarship student in accordance with this
984section may not report the result of or any other data pertaining to the assessment or
985scholarship student to a person other than the program manager, the scholarship student, or the
986scholarship student's parent. 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 33 -
987 (ii) The program manager may not report or communicate the result or data described
988in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the
989scholarship student's parent unless the result or data is included in a de-identified compilation
990of data related to all scholarship students.
991 (c) In any communication from the program manager regarding an assessment
992described in this Subsection (2), the program manager shall include a disclaimer that no
993assessment is required.
994 Section 14. Section 53F-6-411 is enacted to read:
995 53F-6-411. Program funding.
996 (1) Subject to budget constraints, beginning in the fiscal year that begins on July 1,
9972025, the Legislature shall appropriate to the program:
998 (a) an amount equal to the amount appropriated to the program in the preceding fiscal
999year; and
1000 (b) a percentage increase that is equal to the percentage of increase in the value of the
1001weighted pupil unit for the given fiscal year.
1002 (2) If a scholarship student enters or reenters the public education system during a
1003given school year:
1004 (a) no later than five business days after the day on which the student enters or reenters
1005the public education system, the program manager shall immediately remove the balance in the
1006scholarship student's scholarship account for other use within the program;
1007 (b) the state board may not distribute any remaining state funds to the program
1008manager for the student; and
1009 (c) the program manager may use the balance described in Subsection (2)(a) for
1010another scholarship student.
1011 (3) At the end of a school year, a program manager shall withdraw any remaining
1012scholarship funds in a scholarship account and retain the scholarship funds for disbursement in
1013the following year.
1014 (4) (a) To administer the program, the program manager may use up to the lesser of 5%
1015or $2,500,000 of the funds the Legislature appropriates for the program.
1016 (b) Subject to Subsection (4)(c), the funds for program administration described in
1017Subsection (4)(a) are nonlapsing. 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 34 -
1018 (c) The program manager may not retain administrative cost balances in excess of 25%
1019of total administrative costs in any fiscal year.
1020 Section 15. Section 53F-6-412 is enacted to read:
1021 53F-6-412. Reports
1022 (1) Beginning in 2025 and in accordance with Section 68-3-14 and the Family
1023Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g:
1024 (a) the program manager shall submit a report on the program to the Education Interim
1025Committee no later than September 1 of each year that includes:
1026 (i) the total amount of tuition and fees qualifying providers charged for the current year
1027and previous two years;
1028 (ii) the total amount of goods paid for with scholarship funds in the previous year and a
1029general characterization of the types of goods;
1030 (iii) administrative costs of the program;
1031 (iv) the number of scholarship students from each county and the aggregate number of
1032eligible students on the waitlist described in Section 53F-6-405;
1033 (v) the percentage of first-time scholarship students who were enrolled in a public
1034school during the previous school year or who entered kindergarten or a higher grade for the
1035first time in Utah;
1036 (vi) the program manager's strategy and outreach efforts to reach eligible students
1037whose family income is at or below 200% of the federal poverty level and related obstacles to
1038enrollments;
1039 (vii) in the report that the program manager submits in 2025, information on steps the
1040program manager has taken and processes the program manager has adopted to implement the
1041program; and
1042 (viii) any other information regarding the program and the program's implementation
1043that the committee requests; and
1044 (b) the state board shall submit a report on the cost-effectiveness of the program to the
1045Education Interim Committee no later than September 1 of each year.
1046 (2) The program manager, in collaboration with the state board, shall study and report
1047to the Education Interim Committee at or before the committee's November meeting in 2024
1048regarding: 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
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1049 (a) existing agreements for funding through the program to LEAs for scholarship
1050expenses for scholarship students in accordance with Section 53F-6-408; and
1051 (b) recommendations to institutionalize best practices to ensure that the state does not
1052duplicate funding through the WPU and the program for scholarship students receiving a given
1053service from an LEA offering services as a qualifying provider under the program.
1054 Section 16. Section 53F-6-413 is enacted to read:
1055 53F-6-413. Legal proceedings.
1056 (1) In any legal proceeding against the state in which a qualifying provider challenges
1057the application of this part to the qualifying provider, the state shall bear the burden of
1058establishing that the law:
1059 (a) is necessary; and
1060 (b) does not impose an undue burden on the qualifying provider.
1061 (2) The following bear no liability based on the award or use of scholarship funds
1062under this part:
1063 (a) the state;
1064 (b) the state board;
1065 (c) the program manager; or
1066 (d) an LEA.
1067 (3) If any provision of this part is the subject of a state or federal constitutional
1068challenge in a state court, scholarship students and scholarship students' parents may intervene
1069as a matter of right to defend the program's constitutionality, subject to any court order that all
1070defending parents and scholarship students intervene jointly.
1071 Section 17. Section 53F-6-414 is enacted to read:
1072 53F-6-414. Severability.
1073 (1) If any provision of this part or the application of any provision of this part to any
1074person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1075the remaining provisions of this part remain effective without the invalidated provision or
1076application.
1077 (2) The provisions of this part are severable.
1078 Section 18. Section 63G-2-305 is amended to read:
1079 63G-2-305. Protected records. 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 36 -
1080 The following records are protected if properly classified by a governmental entity:
1081 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
1082has provided the governmental entity with the information specified in Section 63G-2-309;
1083 (2) commercial information or nonindividual financial information obtained from a
1084person if:
1085 (a) disclosure of the information could reasonably be expected to result in unfair
1086competitive injury to the person submitting the information or would impair the ability of the
1087governmental entity to obtain necessary information in the future;
1088 (b) the person submitting the information has a greater interest in prohibiting access
1089than the public in obtaining access; and
1090 (c) the person submitting the information has provided the governmental entity with
1091the information specified in Section 63G-2-309;
1092 (3) commercial or financial information acquired or prepared by a governmental entity
1093to the extent that disclosure would lead to financial speculations in currencies, securities, or
1094commodities that will interfere with a planned transaction by the governmental entity or cause
1095substantial financial injury to the governmental entity or state economy;
1096 (4) records, the disclosure of which could cause commercial injury to, or confer a
1097competitive advantage upon a potential or actual competitor of, a commercial project entity as
1098defined in Subsection 11-13-103(4);
1099 (5) test questions and answers to be used in future license, certification, registration,
1100employment, or academic examinations;
1101 (6) records, the disclosure of which would impair governmental procurement
1102proceedings or give an unfair advantage to any person proposing to enter into a contract or
1103agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
1104Subsection (6) does not restrict the right of a person to have access to, after the contract or
1105grant has been awarded and signed by all parties:
1106 (a) a bid, proposal, application, or other information submitted to or by a governmental
1107entity in response to:
1108 (i) an invitation for bids;
1109 (ii) a request for proposals;
1110 (iii) a request for quotes; 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 37 -
1111 (iv) a grant; or
1112 (v) other similar document; or
1113 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
1114 (7) information submitted to or by a governmental entity in response to a request for
1115information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
1116the right of a person to have access to the information, after:
1117 (a) a contract directly relating to the subject of the request for information has been
1118awarded and signed by all parties; or
1119 (b) (i) a final determination is made not to enter into a contract that relates to the
1120subject of the request for information; and
1121 (ii) at least two years have passed after the day on which the request for information is
1122issued;
1123 (8) records that would identify real property or the appraisal or estimated value of real
1124or personal property, including intellectual property, under consideration for public acquisition
1125before any rights to the property are acquired unless:
1126 (a) public interest in obtaining access to the information is greater than or equal to the
1127governmental entity's need to acquire the property on the best terms possible;
1128 (b) the information has already been disclosed to persons not employed by or under a
1129duty of confidentiality to the entity;
1130 (c) in the case of records that would identify property, potential sellers of the described
1131property have already learned of the governmental entity's plans to acquire the property;
1132 (d) in the case of records that would identify the appraisal or estimated value of
1133property, the potential sellers have already learned of the governmental entity's estimated value
1134of the property; or
1135 (e) the property under consideration for public acquisition is a single family residence
1136and the governmental entity seeking to acquire the property has initiated negotiations to acquire
1137the property as required under Section 78B-6-505;
1138 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
1139compensated transaction of real or personal property including intellectual property, which, if
1140disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
1141of the subject property, unless: 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 38 -
1142 (a) the public interest in access is greater than or equal to the interests in restricting
1143access, including the governmental entity's interest in maximizing the financial benefit of the
1144transaction; or
1145 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1146the value of the subject property have already been disclosed to persons not employed by or
1147under a duty of confidentiality to the entity;
1148 (10) records created or maintained for civil, criminal, or administrative enforcement
1149purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
1150release of the records:
1151 (a) reasonably could be expected to interfere with investigations undertaken for
1152enforcement, discipline, licensing, certification, or registration purposes;
1153 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1154proceedings;
1155 (c) would create a danger of depriving a person of a right to a fair trial or impartial
1156hearing;
1157 (d) reasonably could be expected to disclose the identity of a source who is not
1158generally known outside of government and, in the case of a record compiled in the course of
1159an investigation, disclose information furnished by a source not generally known outside of
1160government if disclosure would compromise the source; or
1161 (e) reasonably could be expected to disclose investigative or audit techniques,
1162procedures, policies, or orders not generally known outside of government if disclosure would
1163interfere with enforcement or audit efforts;
1164 (11) records the disclosure of which would jeopardize the life or safety of an
1165individual;
1166 (12) records the disclosure of which would jeopardize the security of governmental
1167property, governmental programs, or governmental recordkeeping systems from damage, theft,
1168or other appropriation or use contrary to law or public policy;
1169 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
1170facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1171with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1172 (14) records that, if disclosed, would reveal recommendations made to the Board of 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 39 -
1173Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1174Board of Pardons and Parole, or the Department of Health and Human Services that are based
1175on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
1176board's jurisdiction;
1177 (15) records and audit workpapers that identify audit, collection, and operational
1178procedures and methods used by the State Tax Commission, if disclosure would interfere with
1179audits or collections;
1180 (16) records of a governmental audit agency relating to an ongoing or planned audit
1181until the final audit is released;
1182 (17) records that are subject to the attorney client privilege;
1183 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1184employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1185quasi-judicial, or administrative proceeding;
1186 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
1187from a member of the Legislature; and
1188 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1189legislative action or policy may not be classified as protected under this section; and
1190 (b) (i) an internal communication that is part of the deliberative process in connection
1191with the preparation of legislation between:
1192 (A) members of a legislative body;
1193 (B) a member of a legislative body and a member of the legislative body's staff; or
1194 (C) members of a legislative body's staff; and
1195 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1196legislative action or policy may not be classified as protected under this section;
1197 (20) (a) records in the custody or control of the Office of Legislative Research and
1198General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1199legislation or contemplated course of action before the legislator has elected to support the
1200legislation or course of action, or made the legislation or course of action public; and
1201 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1202Office of Legislative Research and General Counsel is a public document unless a legislator
1203asks that the records requesting the legislation be maintained as protected records until such 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 40 -
1204time as the legislator elects to make the legislation or course of action public;
1205 (21) research requests from legislators to the Office of Legislative Research and
1206General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1207in response to these requests;
1208 (22) drafts, unless otherwise classified as public;
1209 (23) records concerning a governmental entity's strategy about:
1210 (a) collective bargaining; or
1211 (b) imminent or pending litigation;
1212 (24) records of investigations of loss occurrences and analyses of loss occurrences that
1213may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1214Uninsured Employers' Fund, or similar divisions in other governmental entities;
1215 (25) records, other than personnel evaluations, that contain a personal recommendation
1216concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1217personal privacy, or disclosure is not in the public interest;
1218 (26) records that reveal the location of historic, prehistoric, paleontological, or
1219biological resources that if known would jeopardize the security of those resources or of
1220valuable historic, scientific, educational, or cultural information;
1221 (27) records of independent state agencies if the disclosure of the records would
1222conflict with the fiduciary obligations of the agency;
1223 (28) records of an institution within the state system of higher education defined in
1224Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1225retention decisions, and promotions, which could be properly discussed in a meeting closed in
1226accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1227the final decisions about tenure, appointments, retention, promotions, or those students
1228admitted, may not be classified as protected under this section;
1229 (29) records of the governor's office, including budget recommendations, legislative
1230proposals, and policy statements, that if disclosed would reveal the governor's contemplated
1231policies or contemplated courses of action before the governor has implemented or rejected
1232those policies or courses of action or made them public;
1233 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1234revenue estimates, and fiscal notes of proposed legislation before issuance of the final 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 41 -
1235recommendations in these areas;
1236 (31) records provided by the United States or by a government entity outside the state
1237that are given to the governmental entity with a requirement that they be managed as protected
1238records if the providing entity certifies that the record would not be subject to public disclosure
1239if retained by it;
1240 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1241public body except as provided in Section 52-4-206;
1242 (33) records that would reveal the contents of settlement negotiations but not including
1243final settlements or empirical data to the extent that they are not otherwise exempt from
1244disclosure;
1245 (34) memoranda prepared by staff and used in the decision-making process by an
1246administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1247other body charged by law with performing a quasi-judicial function;
1248 (35) records that would reveal negotiations regarding assistance or incentives offered
1249by or requested from a governmental entity for the purpose of encouraging a person to expand
1250or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1251person or place the governmental entity at a competitive disadvantage, but this section may not
1252be used to restrict access to a record evidencing a final contract;
1253 (36) materials to which access must be limited for purposes of securing or maintaining
1254the governmental entity's proprietary protection of intellectual property rights including patents,
1255copyrights, and trade secrets;
1256 (37) the name of a donor or a prospective donor to a governmental entity, including an
1257institution within the state system of higher education defined in Section 53B-1-102, and other
1258information concerning the donation that could reasonably be expected to reveal the identity of
1259the donor, provided that:
1260 (a) the donor requests anonymity in writing;
1261 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1262classified protected by the governmental entity under this Subsection (37); and
1263 (c) except for an institution within the state system of higher education defined in
1264Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1265in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 42 -
1266over the donor, a member of the donor's immediate family, or any entity owned or controlled
1267by the donor or the donor's immediate family;
1268 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
126973-18-13;
1270 (39) a notification of workers' compensation insurance coverage described in Section
127134A-2-205;
1272 (40) (a) the following records of an institution within the state system of higher
1273education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1274or received by or on behalf of faculty, staff, employees, or students of the institution:
1275 (i) unpublished lecture notes;
1276 (ii) unpublished notes, data, and information:
1277 (A) relating to research; and
1278 (B) of:
1279 (I) the institution within the state system of higher education defined in Section
128053B-1-102; or
1281 (II) a sponsor of sponsored research;
1282 (iii) unpublished manuscripts;
1283 (iv) creative works in process;
1284 (v) scholarly correspondence; and
1285 (vi) confidential information contained in research proposals;
1286 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
1287information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1288 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1289 (41) (a) records in the custody or control of the Office of the Legislative Auditor
1290General that would reveal the name of a particular legislator who requests a legislative audit
1291prior to the date that audit is completed and made public; and
1292 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1293Office of the Legislative Auditor General is a public document unless the legislator asks that
1294the records in the custody or control of the Office of the Legislative Auditor General that would
1295reveal the name of a particular legislator who requests a legislative audit be maintained as
1296protected records until the audit is completed and made public; 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 43 -
1297 (42) records that provide detail as to the location of an explosive, including a map or
1298other document that indicates the location of:
1299 (a) a production facility; or
1300 (b) a magazine;
1301 (43) information contained in the statewide database of the Division of Aging and
1302Adult Services created by Section 62A-3-311.1;
1303 (44) information contained in the Licensing Information System described in Title 80,
1304Chapter 2, Child Welfare Services;
1305 (45) information regarding National Guard operations or activities in support of the
1306National Guard's federal mission;
1307 (46) records provided by any pawn or secondhand business to a law enforcement
1308agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
1309Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
1310 (47) information regarding food security, risk, and vulnerability assessments performed
1311by the Department of Agriculture and Food;
1312 (48) except to the extent that the record is exempt from this chapter pursuant to Section
131363G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1314prepared or maintained by the Division of Emergency Management, and the disclosure of
1315which would jeopardize:
1316 (a) the safety of the general public; or
1317 (b) the security of:
1318 (i) governmental property;
1319 (ii) governmental programs; or
1320 (iii) the property of a private person who provides the Division of Emergency
1321Management information;
1322 (49) records of the Department of Agriculture and Food that provides for the
1323identification, tracing, or control of livestock diseases, including any program established under
1324Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1325of Animal Disease;
1326 (50) as provided in Section 26-39-501:
1327 (a) information or records held by the Department of Health and Human Services 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 44 -
1328related to a complaint regarding a child care program or residential child care which the
1329department is unable to substantiate; and
1330 (b) information or records related to a complaint received by the Department of Health
1331and Human Services from an anonymous complainant regarding a child care program or
1332residential child care;
1333 (51) unless otherwise classified as public under Section 63G-2-301 and except as
1334provided under Section 41-1a-116, an individual's home address, home telephone number, or
1335personal mobile phone number, if:
1336 (a) the individual is required to provide the information in order to comply with a law,
1337ordinance, rule, or order of a government entity; and
1338 (b) the subject of the record has a reasonable expectation that this information will be
1339kept confidential due to:
1340 (i) the nature of the law, ordinance, rule, or order; and
1341 (ii) the individual complying with the law, ordinance, rule, or order;
1342 (52) the portion of the following documents that contains a candidate's residential or
1343mailing address, if the candidate provides to the filing officer another address or phone number
1344where the candidate may be contacted:
1345 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1346described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
134720A-9-408.5, 20A-9-502, or 20A-9-601;
1348 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1349 (c) a notice of intent to gather signatures for candidacy, described in Section
135020A-9-408;
1351 (53) the name, home address, work addresses, and telephone numbers of an individual
1352that is engaged in, or that provides goods or services for, medical or scientific research that is:
1353 (a) conducted within the state system of higher education, as defined in Section
135453B-1-102; and
1355 (b) conducted using animals;
1356 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1357Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
1358judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 45 -
1359information disclosed under Subsection 78A-12-203(5)(e);
1360 (55) information collected and a report prepared by the Judicial Performance
1361Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
136212, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1363the information or report;
1364 (56) records provided or received by the Public Lands Policy Coordinating Office in
1365furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
1366 (57) information requested by and provided to the 911 Division under Section
136763H-7a-302;
1368 (58) in accordance with Section 73-10-33:
1369 (a) a management plan for a water conveyance facility in the possession of the Division
1370of Water Resources or the Board of Water Resources; or
1371 (b) an outline of an emergency response plan in possession of the state or a county or
1372municipality;
1373 (59) the following records in the custody or control of the Office of Inspector General
1374of Medicaid Services, created in Section 63A-13-201:
1375 (a) records that would disclose information relating to allegations of personal
1376misconduct, gross mismanagement, or illegal activity of a person if the information or
1377allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1378through other documents or evidence, and the records relating to the allegation are not relied
1379upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1380report or final audit report;
1381 (b) records and audit workpapers to the extent they would disclose the identity of a
1382person who, during the course of an investigation or audit, communicated the existence of any
1383Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1384regulation adopted under the laws of this state, a political subdivision of the state, or any
1385recognized entity of the United States, if the information was disclosed on the condition that
1386the identity of the person be protected;
1387 (c) before the time that an investigation or audit is completed and the final
1388investigation or final audit report is released, records or drafts circulated to a person who is not
1389an employee or head of a governmental entity for the person's response or information; 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 46 -
1390 (d) records that would disclose an outline or part of any investigation, audit survey
1391plan, or audit program; or
1392 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
1393investigation or audit;
1394 (60) records that reveal methods used by the Office of Inspector General of Medicaid
1395Services, the fraud unit, or the Department of Health and Human Services, to discover
1396Medicaid fraud, waste, or abuse;
1397 (61) information provided to the Department of Health and Human Services or the
1398Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
139958-68-304(3) and (4);
1400 (62) a record described in Section 63G-12-210;
1401 (63) captured plate data that is obtained through an automatic license plate reader
1402system used by a governmental entity as authorized in Section 41-6a-2003;
1403 (64) any record in the custody of the Utah Office for Victims of Crime relating to a
1404victim, including:
1405 (a) a victim's application or request for benefits;
1406 (b) a victim's receipt or denial of benefits; and
1407 (c) any administrative notes or records made or created for the purpose of, or used to,
1408evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1409Reparations Fund;
1410 (65) an audio or video recording created by a body-worn camera, as that term is
1411defined in Section 77-7a-103, that records sound or images inside a hospital or health care
1412facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1413provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1414that term is defined in Section 62A-2-101, except for recordings that:
1415 (a) depict the commission of an alleged crime;
1416 (b) record any encounter between a law enforcement officer and a person that results in
1417death or bodily injury, or includes an instance when an officer fires a weapon;
1418 (c) record any encounter that is the subject of a complaint or a legal proceeding against
1419a law enforcement officer or law enforcement agency;
1420 (d) contain an officer involved critical incident as defined in Subsection 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 47 -
142176-2-408(1)(f); or
1422 (e) have been requested for reclassification as a public record by a subject or
1423authorized agent of a subject featured in the recording;
1424 (66) a record pertaining to the search process for a president of an institution of higher
1425education described in Section 53B-2-102, except for application materials for a publicly
1426announced finalist;
1427 (67) an audio recording that is:
1428 (a) produced by an audio recording device that is used in conjunction with a device or
1429piece of equipment designed or intended for resuscitating an individual or for treating an
1430individual with a life-threatening condition;
1431 (b) produced during an emergency event when an individual employed to provide law
1432enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1433 (i) is responding to an individual needing resuscitation or with a life-threatening
1434condition; and
1435 (ii) uses a device or piece of equipment designed or intended for resuscitating an
1436individual or for treating an individual with a life-threatening condition; and
1437 (c) intended and used for purposes of training emergency responders how to improve
1438their response to an emergency situation;
1439 (68) records submitted by or prepared in relation to an applicant seeking a
1440recommendation by the Research and General Counsel Subcommittee, the Budget
1441Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1442employment position with the Legislature;
1443 (69) work papers as defined in Section 31A-2-204;
1444 (70) a record made available to Adult Protective Services or a law enforcement agency
1445under Section 61-1-206;
1446 (71) a record submitted to the Insurance Department in accordance with Section
144731A-37-201;
1448 (72) a record described in Section 31A-37-503;
1449 (73) any record created by the Division of Professional Licensing as a result of
1450Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1451 (74) a record described in Section 72-16-306 that relates to the reporting of an injury 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 48 -
1452involving an amusement ride;
1453 (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
1454on a political petition, or on a request to withdraw a signature from a political petition,
1455including a petition or request described in the following titles:
1456 (a) Title 10, Utah Municipal Code;
1457 (b) Title 17, Counties;
1458 (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
1459 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1460 (e) Title 20A, Election Code;
1461 (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
1462a voter registration record;
1463 (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
1464signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
1465local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1466 (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
14675, Victims Guidelines for Prosecutors Act;
1468 (79) a record submitted to the Insurance Department under Section 31A-48-103;
1469 (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1470prohibited under Section 63G-26-103;
1471 (81) an image taken of an individual during the process of booking the individual into
1472jail, unless:
1473 (a) the individual is convicted of a criminal offense based upon the conduct for which
1474the individual was incarcerated at the time the image was taken;
1475 (b) a law enforcement agency releases or disseminates the image:
1476 (i) after determining that the individual is a fugitive or an imminent threat to an
1477individual or to public safety and releasing or disseminating the image will assist in
1478apprehending the individual or reducing or eliminating the threat; or
1479 (ii) to a potential witness or other individual with direct knowledge of events relevant
1480to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
1481individual in connection with the criminal investigation or criminal proceeding; or
1482 (c) a judge orders the release or dissemination of the image based on a finding that the 01-19-23 1:30 PM 1st Sub. (Buff) H.B. 215
- 49 -
1483release or dissemination is in furtherance of a legitimate law enforcement interest;
1484 (82) a record:
1485 (a) concerning an interstate claim to the use of waters in the Colorado River system;
1486 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1487representative from another state or the federal government as provided in Section
148863M-14-205; and
1489 (c) the disclosure of which would:
1490 (i) reveal a legal strategy relating to the state's claim to the use of the water in the
1491Colorado River system;
1492 (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1493negotiate the best terms and conditions regarding the use of water in the Colorado River
1494system; or
1495 (iii) give an advantage to another state or to the federal government in negotiations
1496regarding the use of water in the Colorado River system;
1497 (83) any part of an application described in Section 63N-16-201 that the Governor's
1498Office of Economic Opportunity determines is nonpublic, confidential information that if
1499disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
1500not be used to restrict access to a record evidencing a final contract or approval decision;
1501 (84) the following records of a drinking water or wastewater facility:
1502 (a) an engineering or architectural drawing of the drinking water or wastewater facility;
1503and
1504 (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1505drinking water or wastewater facility uses to secure, or prohibit access to, the records described
1506in Subsection (84)(a); [and]
1507 (85) a statement that an employee of a governmental entity provides to the
1508governmental entity as part of the governmental entity's personnel or administrative
1509investigation into potential misconduct involving the employee if the governmental entity:
1510 (a) requires the statement under threat of employment disciplinary action, including
1511possible termination of employment, for the employee's refusal to provide the statement; and
1512 (b) provides the employee assurance that the statement cannot be used against the
1513employee in any criminal proceeding[.]; and 1st Sub. (Buff) H.B. 215 01-19-23 1:30 PM
- 50 -
1514 (86) any part of an application for a Utah Fits All Scholarship account described in
1515Section 53F-6-402 or other information identifying a scholarship student as defined in Section
151653F-6-401.
1517 Section 19. Repealer.
1518 This bill repeals:
1519 Section 53F-6-101, Title.
1520 Section 20. Appropriation.
1521 The following sums of money are appropriated for the fiscal year beginning July 1,
15222023, and ending June 30, 2024. These are additions to amounts previously appropriated for
1523fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1524Act, the Legislature appropriates the following sums of money from the funds or accounts
1525indicated for the use and support of the government of the state of Utah.
1526ITEM 1
1527 To State Board of Education -- Contracted Initiatives and Grants
1528 From Income Tax Fund 42,500,000
1529 From Income Tax Fund, One-time (41,500,000)
1530 Schedule of Programs:
1531 Utah Fits All Scholarship Program 1,000,000
1532 The Legislature intends that in fiscal year 2024, the State Board of Education may
1533provide up to $1,000,000 to a program manager with which the State Board of Education
1534contracts in accordance with Section 53F-6-404 for start-up, marketing, and other costs
1535associated with initiating the Utah Fits All Scholarship Program created in Section 53F-6-402.