Utah 2023 Regular Session

Utah House Bill HB0215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 215
	1	+	3rd Sub. H.B. 215
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: M. Curtis 6
	4	+	6 01-20-23 10:04 AM 6
	5	+	H.B. 215
	6	+	3rd Sub. (Cherry)
	7	+	Representative Candice B. Pierucci proposes the following substitute bill:
2	8		1 FUNDING FOR TEACHER SALARI ES AND OPTIONAL EDUCATION
3	9		2 OPPORTUNITIES
4	10		3 2023 GENERAL SESSION
5	11		4 STATE OF UTAH
6	12		5 Chief Sponsor: Candice B. Pierucci
7	13		6 Senate Sponsor: Kirk A. Cullimore
8	14		7
9	15		8LONG TITLE
10	16		9General Description:
11	17		10 This bill establishes the Utah Fits All Scholarship Program and provides funding for the
12	18		11program and a doubling of an educator salary adjustment.
13	19		12Highlighted Provisions:
14	20		13 This bill:
15	21		14 <defines terms;
16	22		15 <amends provisions to codify and double the amount of the state-provided educator
17	23		16salary adjustment;
18	24		17 <establishes the Utah Fits All Scholarship Program (program);
19	25		18 <requires the state board to contract with, no later than September 1, 2023, a program
20	26		19manager to administer the program;
21	27		20 <authorizes the program manager to establish scholarship accounts on behalf of
22	28		21eligible students to pay for approved education goods and services starting in the
23	29		222024-2025 school year;
24	30		23 <prohibits a program manager from accepting scholarship funds in certain
25	31		24circumstances and requires other fiscal safeguards, auditing, and accountability
26	32		25measures;
	33	+	HB0215S03 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	34	+	- 2 -
27	35		26 <requires eligible schools and service providers to meet certain standards to be
28	36		27eligible to receive scholarship funds;
29		-	28 <establishes an annual and private portfolio submission to the program manager as an H.B. 215
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28 <establishes an annual and private portfolio submission to the program manager as an
32	38		29eligibility qualification;
33	39		30 <allows for a scholarship student to receive a prorated scholarship award if the
34	40		31student participates part-time in a local education agency;
35	41		32 <authorizes the program manager to administer the program and distribute
36	42		33scholarship funds;
37	43		34 <requires the state board to provide limited oversight of the program manager,
38	44		35including an appeal process for the program manager's administrative decisions;
39	45		36 <prohibits certain regulations of eligible schools and eligible service providers;
40	46		37 <requires background checks for employees and officers of a program manager;
41	47		38 <enacts program funding provisions;
42	48		39 <requires a program manager and the State Board of Education (state board) to
43		-	40submit reports on the program to the Education Interim Committee;
44		-	41 <classifies scholarship ~~students~~' and scholarship account information as protected
	49	+	40submit reports on the program to the Public Education Interim Committee;
	50	+	41 <classifies scholarship student's and scholarship account information as protected
45	51		42records; and
46	52		43 <makes technical and conforming changes.
47	53		44Money Appropriated in this Bill:
48	54		45 This bill appropriates in fiscal year 2024:
49	55		46 <to State Board of Education -- Contracted Initiatives and Grants -- Utah Fits All
50	56		47Scholarship Program, as an appropriation:
51	57		48 Cfrom Income Tax Fund, ongoing $42,500,000; and
52	58		49 Cfrom Income Tax Fund, one-time ($41,500,000), leaving $1,000,000 for Fiscal
53	59		50Year 2024.
54	60		51Other Special Clauses:
55	61		52 None
56	62		53Utah Code Sections Affected:
57	63		54AMENDS:
58		-	55 53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291, Enrolled Copy H.B. 215
	64	+	55 53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
	65	+	56354, and 461 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
59	66		- 3 -
60		-	56354, and 461
61	67		57 53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
62	68		58 63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
63	69		59335, 388, 391, and 415
64	70		60ENACTS:
65	71		61 53F-6-401, Utah Code Annotated 1953
66	72		62 53F-6-402, Utah Code Annotated 1953
67	73		63 53F-6-403, Utah Code Annotated 1953
68	74		64 53F-6-404, Utah Code Annotated 1953
69	75		65 53F-6-405, Utah Code Annotated 1953
70	76		66 53F-6-406, Utah Code Annotated 1953
71	77		67 53F-6-407, Utah Code Annotated 1953
72	78		68 53F-6-408, Utah Code Annotated 1953
73	79		69 53F-6-409, Utah Code Annotated 1953
74	80		70 53F-6-410, Utah Code Annotated 1953
75	81		71 53F-6-411, Utah Code Annotated 1953
76	82		72 53F-6-412, Utah Code Annotated 1953
77	83		73 53F-6-413, Utah Code Annotated 1953
78	84		74 53F-6-414, Utah Code Annotated 1953
79	85		75REPEALS:
80	86		76 53F-6-101, as enacted by Laws of Utah 2018, Chapter 2
81	87		77
82	88		78Be it enacted by the Legislature of the state of Utah:
83	89		79 Section 1. Section 53E-1-201 is amended to read:
84	90		80 53E-1-201. Reports to and action required of the Education Interim Committee.
85	91		81 (1) In accordance with applicable provisions and Section 68-3-14, the following
86		-	82recurring reports are due to the Education Interim Committee: H.B. 215
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82recurring reports are due to the Education Interim Committee:
89	93		83 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
90	94		84including the information described in Section 9-22-113 on the status of the computer science
91	95		85initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
92	96		86 (b) the prioritized list of data research described in Section 53B-33-302 and the report
93		-	87on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
	97	+	87on research and activities described in Section 53B-33-304 by the Utah Data Research Center; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	98	+	- 4 -
94	99		88 (c) the report described in Section 35A-15-303 by the State Board of Education on
95	100		89preschool programs;
96	101		90 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
97	102		91on career and technical education issues and addressing workforce needs;
98	103		92 (e) the annual report of the Utah Board of Higher Education described in Section
99	104		9353B-1-402;
100	105		94 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
101	106		95regarding activities related to campus safety;
102	107		96 (g) the State Superintendent's Annual Report by the state board described in Section
103	108		9753E-1-203;
104	109		98 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
105	110		99plan to improve student outcomes;
106	111		100 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
107	112		101the Deaf and the Blind;
108	113		102 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
109	114		103Actionable, and Dynamic Education director on research and other activities;
110	115		104 (k) the report described in Section 53F-2-522 regarding mental health screening
111	116		105programs;
112	117		106 (l) the report described in Section 53F-4-203 by the state board and the independent
113	118		107evaluator on an evaluation of early interactive reading software;
114	119		108 (m) the report described in Section 53F-4-407 by the state board on UPSTART;
115		-	109 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board Enrolled Copy H.B. 215
116		-	- 5 -
	120	+	109 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
117	121		110related to grants for professional learning and grants for an elementary teacher preparation
118	122		111assessment;
119	123		112 (o) upon request, the report described in Section 53F-5-219 by the state board on the
120	124		113Local Innovations Civics Education Pilot Program;
121	125		114 (p) the report described in Section 53F-5-405 by the State Board of Education
122	126		115regarding an evaluation of a partnership that receives a grant to improve educational outcomes
123	127		116for students who are low income;
124	128		117 (q) the report described in Section 53B-35-202 regarding the Higher Education and
125		-	118Corrections Council;
	129	+	118Corrections Council; 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	130	+	- 5 -
126	131		119 (r) the report described in Section 53G-7-221 by the State Board of Education
127	132		120regarding innovation plans; [and]
128	133		121 (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
129	134		122and Translation Service Procurement Advisory Council[.]; and
130	135		123 (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
131	136		124Program.
132	137		125 (2) In accordance with applicable provisions and Section 68-3-14, the following
133	138		126occasional reports are due to the Education Interim Committee:
134	139		127 (a) the report described in Section 35A-15-303 by the School Readiness Board by
135	140		128November 30, 2020, on benchmarks for certain preschool programs;
136	141		129 (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
137	142		130on or before the Education Interim Committee's November 2021 meeting;
138	143		131 (c) if required, the report described in Section 53E-4-309 by the state board explaining
139	144		132the reasons for changing the grade level specification for the administration of specific
140	145		133assessments;
141	146		134 (d) if required, the report described in Section 53E-5-210 by the state board of an
142	147		135adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
143		-	136 (e) in 2022 and in 2023, on or before November 30, the report described in Subsection H.B. 215
144		-	Enrolled Copy
145		-	- 6 -
	148	+	136 (e) in 2022 and in 2023, on or before November 30, the report described in Subsection
146	149		13753E-10-309(7) related to the PRIME pilot program;
147	150		138 (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
148	151		139Actionable, and Dynamic Education;
149	152		140 (g) if required, the report described in Section 53F-2-513 by the state board evaluating
150	153		141the effects of salary bonuses on the recruitment and retention of effective teachers in high
151	154		142poverty schools;
152	155		143 (h) the report described in Section 53F-5-210 by the state board on the Educational
153	156		144Improvement Opportunities Outside of the Regular School Day Grant Program;
154	157		145 (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
155	158		146expenditure of a percentage of state restricted funds to support an innovative education
156	159		147program;
157	160		148 (j) the report described in Section 53G-7-503 by the state board regarding fees that
158		-	149LEAs charge during the 2020-2021 school year;
	161	+	149LEAs charge during the 2020-2021 school year; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	162	+	- 6 -
159	163		150 (k) the reports described in Section 53G-11-304 by the state board regarding proposed
160	164		151rules and results related to educator exit surveys; and
161	165		152 (l) the report described in Section 62A-15-117 by the Division of Substance Abuse and
162	166		153Mental Health, the State Board of Education, and the Department of Health regarding
163	167		154recommendations related to Medicaid reimbursement for school-based health services.
164	168		155 Section 2. Section 53F-2-405 is amended to read:
165	169		156 53F-2-405. Educator salary adjustments.
166	170		157 (1) As used in this section, "educator" means a person employed by a school district,
167	171		158charter school, or the Utah Schools for the Deaf and the Blind who holds:
168	172		159 (a) (i) a license issued by the state board; and
169	173		160 (ii) a position as a:
170	174		161 (A) classroom teacher;
171	175		162 (B) speech pathologist;
172		-	163 (C) librarian or media specialist; Enrolled Copy H.B. 215
173		-	- 7 -
	176	+	163 (C) librarian or media specialist;
174	177		164 (D) preschool teacher;
175	178		165 (E) mentor teacher;
176	179		166 (F) teacher specialist or teacher leader;
177	180		167 (G) guidance counselor;
178	181		168 (H) audiologist;
179	182		169 (I) psychologist; or
180	183		170 (J) social worker; or
181	184		171 (b) (i) a license issued by the Division of Professional Licensing; and
182	185		172 (ii) a position as a social worker.
183	186		173 (2) In recognition of the need to attract and retain highly skilled and dedicated
184	187		174educators, the Legislature shall annually appropriate money for educator salary adjustments,
185	188		175subject to future budget constraints.
186	189		176 [(3) Money appropriated to the state board]
187	190		177 (3) (a) The state board shall distribute to each school district, each charter school, and
188	191		178the Utah Schools for the Deaf and the Blind money that the Legislature appropriates for
189	192		179educator salary adjustments based on the number of educator positions described in Subsection
190		-	180(4) in the school district, the charter school, or the Utah Schools for the Deaf and the Blind.
	193	+	180(4) in the school district, the charter school, or the Utah Schools for the Deaf and the Blind. 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	194	+	- 7 -
191	195		181 (b) Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the
192	196		182full amount of educator salary adjustments described in this section, the state board shall
193	197		183distribute money appropriated for educator salary adjustments [shall be distributed] to school
194	198		184districts, charter schools, and the Utah Schools for the Deaf and the Blind in proportion to the
195	199		185number of full-time-equivalent educator positions in a school district, a charter school, or the
196	200		186Utah Schools for the Deaf and the Blind as compared to the total number of
197	201		187full-time-equivalent educator positions in school districts, charter schools, and the Utah
198	202		188Schools for the Deaf and the Blind.
199	203		189 (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
200		-	190shall award bonuses to educators as follows: H.B. 215
201		-	Enrolled Copy
202		-	- 8 -
	204	+	190shall award bonuses to educators as follows:
203	205		191 (a) the amount of the salary adjustment [shall be the same] for each
204	206		192full-time-equivalent educator [position in the school district, charter school, or the Utah
205	207		193Schools for the Deaf and the Blind;] is:
206	208		194 (i) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
207	209		195effect, $8,400; or
208	210		196 (ii) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
209		-	197and in effect, $4,200;
	211	+	197and in effect, $4,200.
210	212		198 (b) an individual who is not a full-time educator shall receive a partial salary
211	213		199adjustment based on the number of hours the individual works as an educator; and
212	214		200 (c) a salary adjustment may be awarded only to an educator who has received a
213	215		201satisfactory rating or above on the educator's most recent evaluation.
214	216		202 (5) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
215	217		203Act, the state board:
216	218		204 (a) shall make rules to ensure that LEAs do not reduce or artificially limit a teacher's
217	219		205salary to convert the salary supplement in this section into a windfall to the LEA; and
218	220		206 (b) may make rules as necessary to administer this section [in accordance with Title
219	221		20763G, Chapter 3, Utah Administrative Rulemaking Act].
220	222		208 (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
221	223		209money each year to:
222	224		210 (i) maintain educator salary adjustments provided in prior years; and
223		-	211 (ii) provide educator salary adjustments to new employees.
	225	+	211 (ii) provide educator salary adjustments to new employees. 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	226	+	- 8 -
224	227		212 (b) Money appropriated for educator salary adjustments shall include money for the
225	228		213following employer-paid benefits:
226	229		214 (i) retirement;
227	230		215 (ii) worker's compensation;
228	231		216 (iii) social security; and
229		-	217 (iv) Medicare. Enrolled Copy H.B. 215
230		-	- 9 -
	232	+	217 (iv) Medicare.
231	233		218 (7) (a) Subject to future budget constraints, the Legislature shall:
232	234		219 (i) maintain the salary adjustments provided to school administrators in the 2007-08
233	235		220school year; and
234	236		221 (ii) provide salary adjustments for new school administrators in the same amount as
235	237		222provided for existing school administrators.
236	238		223 (b) The appropriation provided for educator salary adjustments described in this
237	239		224section shall include salary adjustments for school administrators as specified in Subsection
238	240		225(7)(a).
239	241		226 (c) In distributing and awarding salary adjustments for school administrators, the state
240	242		227board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
241	243		228comply with the requirements for the distribution and award of educator salary adjustments as
242	244		229provided in Subsections (3) and (4).
243	245		230 Section 3. Section 53F-6-401 is enacted to read:
244	246		231 Part 4. Utah Fits All Scholarship Program
245	247		232 53F-6-401. Definitions.
246	248		233 As used in this part:
247	249		234 (1) "Eligible student" means a student:
248	250		235 (a) who is eligible to participate in public school, in kindergarten, or grades 1 through
249	251		23612;
250	252		237 (b) who is a resident of the state;
251	253		238 (c) who, during the school year for which the student is applying for a scholarship
252	254		239account:
253	255		240 (i) does not receive a scholarship under:
254	256		241 (A) the Carson Smith Scholarship Program established in Section 53F-4-302; or
255		-	242 (B) the Special Needs Opportunity Scholarship Program established in Section
	257	+	242 (B) the Special Needs Opportunity Scholarship Program established in Section 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	258	+	- 9 -
256	259		24353E-7-402; and
257		-	244 (ii) except for a student who is enrolled part-time in accordance with Section H.B. 215
258		-	Enrolled Copy
259		-	- 10 -
	260	+	244 (ii) except for a student who is enrolled part-time in accordance with Section
260	261		24553G-6-702, is not enrolled in an LEA upon receiving the scholarship;
261	262		246 (d) whose eligibility is not suspended or disqualified under Section 53F-6-401; and
262	263		247 (e) who completes, to maintain eligibility, the portfolio requirement described in
263	264		248Subsection 53F-6-402(3)(d).
264	265		249 (2) "Federal poverty level" means the United States poverty level as defined by the
265	266		250most recently revised poverty income guidelines published by the United States Department of
266	267		251Health and Human Services in the Federal Register.
267	268		252 (3) (a) "Home-based scholarship student" means a student who:
268	269		253 (i) is eligible to participate in public school, in kindergarten or grades 1 through 12;
269	270		254 (ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
270	271		255attend a home school; and
271	272		256 (iii) receives a benefit of scholarship funds.
272	273		257 (b) "Home-based scholarship student" does not mean a home school student who does
273	274		258not receive a scholarship under the program.
274	275		259 (4) "Program manager" means an organization that:
275	276		260 (a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
276	277		261 (b) is not affiliated with any international organization;
277	278		262 (c) does not harvest data for the purpose of reproducing or distributing the data to other
278	279		263entities;
279	280		264 (d) has no involvement in guiding or directing any curriculum or curriculum standards;
280	281		265 (e) does not manage or otherwise administer a scholarship under:
281	282		266 (i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
282	283		267 (ii) the Special Needs Opportunity Scholarship Program established in Section
283	284		26853E-7-402; and
284	285		269 (f) an agreement with the state board recognizes as a program manager, in accordance
285	286		270with this part.
286		-	271 (5) (a) "Program manager employee" means an individual working for the program Enrolled Copy H.B. 215
287		-	- 11 -
	287	+	271 (5) (a) "Program manager employee" means an individual working for the program
288	288		272manager in a position in which the individual's salary, wages, pay, or compensation, including
289		-	273as a contractor, is paid from scholarship funds.
	289	+	273as a contractor, is paid from scholarship funds. 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	290	+	- 10 -
290	291		274 (b) "Program manager employee" does not include:
291	292		275 (i) an individual who volunteers for the program manager or for a qualifying provider;
292	293		276 (ii) an individual who works for a qualifying provider; or
293	294		277 (iii) a qualifying provider.
294	295		278 (6) "Program manager officer" means:
295	296		279 (a) a member of the board of a program manager; or
296	297		280 (b) the chief administrative officer of a program manager.
297	298		281 (7) "Qualifying provider" means one of the following entities that is not a public school
298	299		282and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
299	300		283 (a) an eligible school that the program manager approves in accordance with Section
300	301		28453F-6-408; or
301	302		285 (b) an eligible service provider that the program manager approves in accordance with
302	303		286Section 53F-6-409.
303	304		287 (8) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
304	305		288uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
305	306		289sister-in-law, son-in-law, or daughter-in-law.
306	307		290 (9) "Scholarship account" means the account to which a program manager allocates
307	308		291funds for the payment of approved scholarship expenses in accordance with this part.
308	309		292 (10) "Scholarship expense" means an expense described in Section 53F-6-402 that a
309	310		293parent or scholarship student incurs in the education of the scholarship student for a service or
310	311		294goods that a qualifying provider provides, including:
311	312		295 (a) tuition and fees of a qualifying provider;
312	313		296 (b) fees and instructional materials at a technical college;
313	314		297 (c) tutoring services;
314		-	298 (d) fees for after-school or summer education programs; H.B. 215
315		-	Enrolled Copy
316		-	- 12 -
	315	+	298 (d) fees for after-school or summer education programs;
317	316		299 (e) textbooks, curricula, or other instructional materials, including any supplemental
318	317		300materials or associated online instruction that a curriculum or a qualifying provider
319	318		301recommends;
320	319		302 (f) educational software and applications;
321	320		303 (g) supplies or other equipment related to a scholarship student's educational needs;
322		-	304 (h) computer hardware or other technological devices that are intended primarily for a
	321	+	304 (h) computer hardware or other technological devices that are intended primarily for a 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	322	+	- 11 -
323	323		305scholarship student's educational needs;
324	324		306 (i) fees for the following examinations, or for a preparation course for the following
325	325		307examinations, that the program manager approves:
326	326		308 (i) a national norm-referenced or standardized assessment described in Section
327	327		30953F-6-410, an advanced placement examination, or another similar assessment;
328	328		310 (ii) a state-recognized industry certification examination; and
329	329		311 (iii) an examination related to college or university admission;
330	330		312 (j) educational services for students with disabilities from a licensed or accredited
331	331		313practitioner or provider, including occupational, behavioral, physical, audiology, or
332	332		314speech-language therapies;
333	333		315 (k) contracted services that the program manager approves and that an LEA provides,
334	334		316including individual classes, after-school tutoring services, transportation, or fees or costs
335	335		317associated with participation in extracurricular activities;
336	336		318 (l) ride fees or fares for a fee-for-service transportation provider to transport the
337	337		319scholarship student to and from a qualifying provider, not to exceed $750 in a given school
338	338		320year;
339		-	321 (m) expenses related to ~~extracurricular~~ activities, field trips, educational supplements,
	339	+	321 (m) expenses related to extra-curricular activities, field trips, educational supplements,
340	340		322and other educational experiences; or
341	341		323 (n) any other expense for a good or service that:
342	342		324 (i) a parent or scholarship student incurs in the education of the scholarship student;
343		-	325and Enrolled Copy H.B. 215
344		-	- 13 -
	343	+	325and
345	344		326 (ii) the program manager approves, in accordance with Subsection (4)(d).
346	345		327 (11) "Scholarship funds" means:
347	346		328 (a) funds that the Legislature appropriates for the program; and
348	347		329 (b) interest that scholarship funds accrue.
349	348		330 (12) (a) "Scholarship student" means an eligible student, including a home-based
350	349		331scholarship student, for whom the program manager establishes and maintains a scholarship
351	350		332account in accordance with this part.
352	351		333 (b) "Scholarship student" does not include a home school student who does not receive
353	352		334a scholarship award under the program.
354		-	335 (13) "Utah Fits All Scholarship Program" or "program" means the scholarship program
	353	+	335 (13) "Utah Fits All Scholarship Program" or "program" means the scholarship program 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	354	+	- 12 -
355	355		336established in Section 53F-6-402.
356	356		337 Section 4. Section 53F-6-402 is enacted to read:
357	357		338 53F-6-402. Utah Fits All Scholarship Program -- Scholarship account application
358	358		339-- Scholarship expenses -- Program information.
359	359		340 (1) There is established the Utah Fits All Scholarship Program under which, beginning
360	360		341March 1, 2024, a parent may apply to a program manager on behalf of the parent's student to
361	361		342establish and maintain a scholarship account to cover the cost of a scholarship expense.
362	362		343 (2) (a) The program manager shall establish and maintain, in accordance with this part,
363	363		344scholarship accounts for eligible students.
364	364		345 (b) The program manager shall:
365	365		346 (i) determine that a student meets the requirements to be an eligible student; and
366	366		347 (ii) subject to Subsection (2)(c), each year the student is an eligible student, maintain a
367	367		348scholarship account for the scholarship student to pay for the cost of one or more scholarship
368	368		349expenses that the student or student's parent incurs in the student's education.
369	369		350 (c) Except as provided in Subsection (2)(d), each year, subject to this part and
370	370		351legislative appropriations, a scholarship student is eligible for no more than:
371		-	352 (i) for the 2024-2025 school year, $8,000; and H.B. 215
372		-	Enrolled Copy
373		-	- 14 -
	371	+	352 (i) for the 2024-2025 school year, $8,000; and
374	372		353 (ii) for each school year following the 2024-2025 school year, the maximum allowed
375	373		354amount under this Subsection (2)(c) in the previous year plus a percentage increase that is
376	374		355equal to the five-year rolling average inflationary factor described in Section 53F-2-405.
377	375		356 (d) If a scholarship student enrolls in an LEA part-time in accordance with Section
378	376		35753G-6-702, the program manager shall prorate the amount of the award described in
379	377		358Subsection (2)(c) in proportion to the extent of the scholarship student's partial enrollment in
380	378		359the LEA.
381	379		360 (3) (a) A program manager shall establish a scholarship account on behalf of an
382		-	361eligible student who submits a timely application, unless the number of applications ~~exceeds~~
	380	+	361eligible student who submits a timely application, unless the number of applications exceed
383	381		362available scholarship funds for the school year.
384	382		363 (b) If the number of applications exceeds the available scholarship funds for a school
385	383		364year, the program manager shall select students on a random basis, except as provided in
386	384		365Subsection (6).
387		-	366 (c) An eligible student or a public education student shall submit an application for an
	385	+	366 (c) An eligible student or a public education student shall submit an application for an 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	386	+	- 13 -
388	387		367initial scholarship or renewal for each school year that the student intends to receive
389	388		368scholarship funds.
390	389		369 (d) (i) To maintain eligibility, a scholarship student or the scholarship student's parent
391	390		370shall annually complete and deliver to the program manager a portfolio describing the
392	391		371scholarship student's educational opportunities and achievements under the program for the
393	392		372given year.
394	393		373 (ii) The program manager may not disclose the content of a given scholarship student's
395	394		374portfolio except to the scholarship student's parent.
396	395		375 (4) (a) An application for a scholarship account shall contain an acknowledgment by
397	396		376the student's parent that the qualifying provider selected by the parent for the student's
398	397		377enrollment or engagement is capable of providing education services for the student.
399	398		378 (b) A scholarship account application form shall contain the following statement:
400		-	379 "I acknowledge that: Enrolled Copy H.B. 215
401		-	- 15 -
	399	+	379 "I acknowledge that:
402	400		380 (1) A qualifying provider may not provide the same level of disability services that are
403		-	381provided in a public school;
	401	+	381provided in a public school:
404	402		382 (2) I will assume full financial responsibility for the education of my scholarship
405	403		383recipient if I agree to this scholarship account;
406	404		384 (3) Agreeing to establish this scholarship account has the same effect as a parental
407	405		385refusal to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the
408	406		386Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and
409	407		387 (4) My child may return to a public school at any time.".
410	408		388 (c) Upon agreeing to establish a scholarship account, the parent assumes full financial
411	409		389responsibility for the education of the scholarship student, including the balance of any expense
412	410		390incurred at a qualifying provider or for goods that are not paid for by the scholarship student's
413	411		391scholarship account.
414	412		392 (d) Agreeing to establish a scholarship account has the same effect as a parental refusal
415	413		393to consent to services as described in 34 C.F.R. Sec. 300.300, issued under the Individuals with
416	414		394Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
417	415		395 (e) The creation of the program or establishment of a scholarship account on behalf of
418	416		396a student does not:
419		-	397 (i) imply that a public school did not provide a free and appropriate public education
	417	+	397 (i) imply that a public school did not provide a free and appropriate public education 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	418	+	- 14 -
420	419		398for a student; or
421	420		399 (ii) constitute a waiver or admission by the state.
422	421		400 (5) A program manager may not charge a scholarship account application fee.
423	422		401 (6) A program manager shall give an enrollment preference based on the following
424	423		402order of preference:
425	424		403 (a) to an eligible student who used a scholarship account in the previous school year;
426	425		404 (b) to an eligible student:
427	426		405 (i) who did not use a scholarship account in the previous school year; and
428		-	406 (ii) with a family income at or below 200% of the federal poverty level; H.B. 215
429		-	Enrolled Copy
430		-	- 16 -
	427	+	406 (ii) with a family income at or below 200% of the federal poverty level;
431	428		407 (c) to an eligible student who is a sibling of an eligible student who:
432	429		408 (i) uses a scholarship account at the time the sibling applies for a scholarship account;
433	430		409or
434	431		410 (ii) used a scholarship account in the school year immediately preceding the school
435	432		411year for which the sibling is applying for a scholarship account; and
436	433		412 (d) to an eligible student:
437	434		413 (i) who did not use a scholarship account in the previous school year; and
438	435		414 (ii) with a family income between 200% and 555% of the federal poverty level.
439	436		415 (7) (a) Subject to Subsections (7)(b) through (e), a parent may use a scholarship
440	437		416account to pay for a scholarship expense that a parent or scholarship student incurs in the
441	438		417education of the scholarship student.
442	439		418 (b) A scholarship student or the scholarship student's parent may not use a scholarship
443	440		419account for an expense that the student or parent does not incur in the education of the
444	441		420scholarship student, including:
445	442		421 (i) a rehabilitation program that is not primarily designed for an educational purpose;
446	443		422or
447	444		423 (ii) a travel expense other than a transportation expense described in Section
448	445		42453F-6-401.
449	446		425 (c) The program manager may not:
450	447		426 (i) approve a scholarship expense for a service that a qualifying provider provides
451	448		427unless the program manager determines that the scholarship student or the scholarship student's
452		-	428parent incurred the expense in the education of the scholarship student; or
	449	+	428parent incurred the expense in the education of the scholarship student; or 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	450	+	- 15 -
453	451		429 (ii) reimburse a scholarship expense for a service or good that a provider that is not a
454	452		430qualifying provider provides unless:
455	453		431 (A) the parent or scholarship student submits a receipt that shows the cost and type of
456	454		432service or good and the name of provider; and
457		-	433 (B) the program manager determines that the parent or scholarship student incurred the Enrolled Copy H.B. 215
458		-	- 17 -
	455	+	433 (B) the program manager determines that the parent or scholarship student incurred the
459	456		434expense in the education of the scholarship student.
460	457		435 (d) The parent of a scholarship student may not receive scholarship funds as payment
461	458		436for the parent's time spent educating the parent's child.
462	459		437 (e) Except for cases in which a scholarship student or the scholarship student's parent is
463	460		438convicted of fraud in relation to scholarship funds, if a qualifying provider, scholarship student,
464	461		439or scholarship student's parent repays an expenditure from a scholarship account for an expense
465	462		440that is not approved under this Subsection (7), the program manager shall credit the repaid
466	463		441amount back to the scholarship account balance within 30 days after the day on which the
467	464		442program manager receives the repayment.
468	465		443 (8) Notwithstanding any other provision of law, funds that the program manager
469	466		444disburses under this part to a scholarship account on behalf of a scholarship student do not
470	467		445constitute state taxable income to the parent of the scholarship student.
471	468		446 (9) The program manager shall prepare and disseminate information on the program to
472	469		447a parent applying for a scholarship account on behalf of a student, including the information
473	470		448that the program manager provides in accordance with Section 53F-6-405.
474	471		449 (10) On or before September 1, 2023, and as frequently as necessary to maintain the
475	472		450information, the state board shall provide information on the state board's website, including:
476	473		451 (a) scholarship account information;
477	474		452 (b) information on the program manager, including the program manager's contact
478	475		453information; and
479	476		454 (c) an overview of the program.
480	477		455 Section 5. Section 53F-6-403 is enacted to read:
481	478		456 53F-6-403. Qualifying providers.
482	479		457 (1) Before the beginning of the school year immediately following a school year in
483	480		458which a qualifying provider receives scholarship funds equal to or more than $500,000, the
484		-	459qualifying provider shall file with the program manager a surety bond payable to the program
485		-	460manager in an amount equal to the aggregate amount of scholarship funds expected to be H.B. 215
486		-	Enrolled Copy
487		-	- 18 -
	481	+	459qualifying provider shall file with the program manager a surety bond payable to the program 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	482	+	- 16 -
	483	+	460manager in an amount equal to the aggregate amount of scholarship funds expected to be
488	484		461received during the school year.
489	485		462 (2) If a program manager determines that a qualifying provider has violated a provision
490	486		463of this part, the program manager may interrupt disbursement of or withhold scholarship funds
491	487		464from the qualifying provider.
492	488		465 (3) (a) If the program manager determines that a qualifying provider no longer meets
493	489		466the eligibility requirements described in this part, the program manager may withdraw the
494	490		467organization's approval of the qualifying provider.
495	491		468 (b) A provider or person that does not have the approval of the program manager in
496	492		469accordance with the following may not accept scholarship funds for services under this part:
497	493		470 (i) Section 53F-6-408 regarding eligible schools; or
498	494		471 (ii) Section 53F-6-409 regarding eligible service providers.
499	495		472 (4) If a qualifying provider requires partial payment of tuition or fees before the
500	496		473beginning of the academic year to reserve space for a scholarship student who has been
501	497		474admitted to the qualifying provider, the program manager may:
502	498		475 (a) pay the partial payment before the beginning of the school year in which the
503	499		476scholarship funds are awarded; and
504	500		477 (b) deduct the amount of the partial payment from subsequent scholarship fund
505	501		478deposits in an equitable manner that provides the best availability of scholarship funds to the
506	502		479student throughout the remainder of the school year.
507	503		480 (5) If a scholarship student described in Subsection (4)(a) chooses to withdraw from or
508	504		481otherwise not engage with the qualifying provider before the beginning of the school year:
509	505		482 (a) the qualifying provider shall remit the partial payment described in Subsection
510	506		483(4)(a) to the program manager; and
511	507		484 (b) the program manager shall credit the remitted partial payment to the scholarship
512	508		485student's scholarship account.
513	509		486 Section 6. Section 53F-6-404 is enacted to read:
514		-	487 53F-6-404. State board procurement and review of program manager -- Failure to Enrolled Copy H.B. 215
515		-	- 19 -
	510	+	487 53F-6-404. State board procurement and review of program manager -- Failure to
516	511		488comply.
517	512		489 (1) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
518		-	490board shall issue a request for proposals, on or before June 15, 2023, and enter an agreement
	513	+	490board shall issue a request for proposals, on or before June 15, 2023, and enter an agreement 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	514	+	- 17 -
519	515		491with no more than one organization that qualifies as tax exempt under Section 501(c)(3),
520	516		492Internal Revenue Code, for the state board to recognize as the program manager, on or before
521	517		493September 1, 2023.
522	518		494 (b) An organization that responds to a request for proposals described in Subsection
523	519		495(1)(a) shall submit the following information in the organization's response:
524	520		496 (i) a copy of the organization's incorporation documents;
525	521		497 (ii) a copy of the organization's Internal Revenue Service determination letter
526	522		498qualifying the organization as being tax exempt under Section 501(c)(3), Internal Revenue
527	523		499Code;
528	524		500 (iii) a description of the methodology the organization will use to verify a student's
529	525		501eligibility under this part;
530	526		502 (iv) a description of the organization's proposed scholarship account application
531	527		503process; and
532	528		504 (v) an affidavit or other evidence that the organization:
533	529		505 (A) is not affiliated with any international organization;
534	530		506 (B) does not harvest data for the purpose of reproducing or distributing the data to
535	531		507another entity; and
536	532		508 (C) has no involvement in guiding or directing any curriculum standards.
537	533		509 (c) The state board shall ensure that the agreement described in Subsection (1)(a):
538	534		510 (i) ensures the efficiency and success of the program; and
539	535		511 (ii) does not impose any requirements on the program manager that:
540	536		512 (A) are not essential to the basic administration of the program; or
541	537		513 (B) create restrictions, directions, or mandates regarding instructional content or
542		-	514curriculum. H.B. 215
543		-	Enrolled Copy
544		-	- 20 -
	538	+	514curriculum.
545	539		515 (2) The state board may regulate and take enforcement action as necessary against a
546	540		516program manager in accordance with the provisions of the state board's agreement with the
547	541		517program manager.
548	542		518 (3) (a) If the state board determines that a program manager has violated a provision of
549	543		519this part or a provision of the state board's agreement with the program manager, the state
550	544		520board shall send written notice to the program manager explaining the violation and the
551		-	521remedial action required to correct the violation.
	545	+	521remedial action required to correct the violation. 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	546	+	- 18 -
552	547		522 (b) A program manager that receives a notice described in Subsection (3)(a) shall, no
553	548		523later than 60 days after the day on which the program manager receives the notice, correct the
554	549		524violation and report the correction to the state board.
555	550		525 (c) (i) If a program manager that receives a notice described in Subsection (3)(a) fails
556	551		526to correct a violation in the time period described in Subsection (3)(b), the state board may bar
557	552		527the program manager from further participation in the program.
558	553		528 (ii) A program manager may appeal a decision of the state board under Subsection
559	554		529(3)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
560	555		530 (d) A program manager may not accept state funds while the program manager:
561	556		531 (i) is barred from participating in the program under Subsection (3)(c)(i); or
562	557		532 (ii) has an appeal pending under Subsection (3)(c)(ii).
563	558		533 (e) A program manager that has an appeal pending under Subsection (3)(c)(ii) may
564	559		534continue to administer scholarship accounts during the pending appeal.
565	560		535 (4) The state board shall establish a process for a program manager to report the
566	561		536information the program manager is required to report to the state board under Section
567	562		53753F-6-405.
568	563		538 (5) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
569	564		539Administrative Rulemaking Act, and include provisions in the state board's agreement with the
570	565		540scholarship organization for:
571		-	541 (a) subject to Subsection (6), the administration of scholarship accounts and Enrolled Copy H.B. 215
572		-	- 21 -
	566	+	541 (a) subject to Subsection (6), the administration of scholarship accounts and
573	567		542disbursement of scholarship funds if a program manager is barred from participating in the
574	568		543program under Subsection (3)(c)(i); and
575	569		544 (b) audit and report requirements as described in Section 53F-7-405.
576	570		545 (6) (a) The state board shall include in the rules and provisions described in Subsection
577	571		546(5)(a) measures to ensure that the establishment and maintenance of scholarship accounts and
578	572		547enrollment in the program are not disrupted if the program manager is barred from participating
579	573		548in the program.
580	574		549 (b) The state board may, if the program manager is barred from participating in the
581	575		550program, issue a new request for proposals and enter into a new agreement with an alternative
582	576		551program manager in accordance with this section.
583		-	552 (7) (a) On or before January 1, 2024, the state board shall:
	577	+	552 (7) (a) On or before January 1, 2024, the state board shall: 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	578	+	- 19 -
584	579		553 (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
585	580		554Rulemaking Act, to establish a process for a scholarship student or a scholarship student's
586	581		555parent to appeal any administrative decision of the program manager for state board resolution
587	582		556within 30 days after the day of the appeal, including:
588	583		557 (A) scholarship expense denials; and
589	584		558 (B) determinations regarding enrollment eligibility or suspension or disqualification
590	585		559under Section 53F-6-405; and
591	586		560 (ii) make information available regarding the appeals process on the state board's
592	587		561website and on the scholarship application.
593	588		562 (b) If the state board stays or reverses an administrative decision of the program
594	589		563manager on appeal, the program manager may not withhold scholarship funds or application
595	590		564approval for the scholarship student on account of the appealed administrative decision unless
596	591		565as the state board expressly allows.
597	592		566 (8) The state board may not include a provision in any rule that creates or implies a
598	593		567restriction, direction, or mandate regarding instructional content or curriculum.
599		-	568 Section 7. Section 53F-6-405 is enacted to read: H.B. 215
600		-	Enrolled Copy
601		-	- 22 -
	594	+	568 Section 7. Section 53F-6-405 is enacted to read:
602	595		569 53F-6-405. Program manager duties -- Audit -- Prohibitions.
603	596		570 (1) The program manager shall administer the program, including:
604	597		571 (a) maintaining an application website that includes information on enrollment,
605	598		572relevant application dates, and dates for notification of acceptance;
606	599		573 (b) reviewing applications from and determining if a person is:
607	600		574 (i) an eligible school under Section 53F-6-408; or
608	601		575 (ii) an eligible service provider under Section 53F-6-409;
609	602		576 (c) establishing an application process, including application dates opening before
610	603		577March 1, 2024, in accordance with Section 53F-6-402;
611	604		578 (d) reviewing and granting or denying applications for a scholarship account;
612	605		579 (e) providing an online portal for the parent of a scholarship student to access the
613	606		580scholarship student's account;
614	607		581 (f) ensuring that scholarship funds in a scholarship account are readily available to a
615	608		582scholarship student;
616		-	583 (g) requiring a parent to notify the program manager if the parent's scholarship student
	609	+	583 (g) requiring a parent to notify the program manager if the parent's scholarship student 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	610	+	- 20 -
617	611		584is no longer enrolled in or engaging a service:
618	612		585 (i) for which the scholarship student receives scholarship funds; and
619	613		586 (ii) that is provided to the scholarship student for an entire school year;
620	614		587 (h) obtaining reimbursement of scholarship funds from a qualifying provider that
621	615		588provides the services in which a scholarship student is no longer enrolled or with which the
622	616		589scholarship student is no longer engaged;
623	617		590 (i) expending all revenue from interest on scholarship funds or investments on
624	618		591scholarship expenses;
625	619		592 (j) each time the program manager makes an administrative decision that is adverse to
626	620		593a scholarship student or the scholarship student's parent, informing the scholarship student and
627	621		594the scholarship student's parent of the opportunity and process to appeal an administrative
628		-	595decision of the program manager to the state board in accordance with the process described in Enrolled Copy H.B. 215
629		-	- 23 -
	622	+	595decision of the program manager to the state board in accordance with the process described in
630	623		596Section 53F-6-404;
631	624		597 (k) maintaining a protected internal waitlist of all eligible students who have applied to
632	625		598the program and are not yet scholarship students, including any student who removed the
633	626		599student's application from the waitlist; and
634	627		600 (l) providing aggregate data regarding the number of scholarship students and the
635		-	601number of eligible students on the waitlist described in Subsection (1)(k).
	628	+	601number of eligible students on the waitlist described in Subsection (1)(l).
636	629		602 (2) The program manager shall:
637	630		603 (a) contract with one or more private entities to develop and implement a commercially
638	631		604viable, cost-effective, and parent-friendly system to:
639	632		605 (i) establish scholarship accounts;
640	633		606 (ii) maximize payment flexibility by allowing:
641	634		607 (A) for payment of services to qualifying providers using scholarship funds by
642	635		608electronic or online funds transfer; and
643	636		609 (B) pre-approval of a reimbursement to a parent for a good that is a scholarship
644	637		610expense; and
645	638		611 (iii) allow scholarship students and scholarship student's parents to publicly rate,
646	639		612review, and share information about qualifying providers; and
647	640		613 (b) ensure that the system complies with industry standards for data privacy and
648		-	614cybersecurity, including ensuring compliance with the Family Educational Rights and Privacy
	641	+	614cybersecurity, including ensuring compliance with the Family Educational Rights and Privacy 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	642	+	- 21 -
649	643		615Act, 34 C.F.R. Part 99.
650	644		616 (3) In advance of the program manager accepting applications in accordance with
651	645		617Section 53F-6-402 and as regularly as information develops, the program manager shall
652	646		618provide information regarding the program by publishing a program handbook online for
653	647		619scholarship applicants, scholarship students, parents, service providers seeking to become
654		-	620qualifying providers, and qualifying providers, that includes information regarding:
	648	+	620qualifying providers and qualifying providers, that includes information regarding:
655	649		621 (a) the policies and processes of the program;
656		-	622 (b) approved scholarship expenses and qualifying providers; H.B. 215
657		-	Enrolled Copy
658		-	- 24 -
	650	+	622 (b) approved scholarship expenses and qualifying providers;
659	651		623 (c) the responsibilities of parents regarding the program and scholarship funds;
660	652		624 (d) the duties of the program manager;
661	653		625 (e) the opportunity and process to appeal an administrative decision of the program
662	654		626manager to the state board in accordance with the process described in Section 53F-6-404; and
663	655		627 (f) the role of any private financial management firms or other private organizations
664	656		628with which the program manager may contract to administer any aspect of the program.
665	657		629 (4) To ensure the fiscal security and compliance of the program, the program manager
666	658		630shall:
667	659		631 (a) prohibit a program manager employee or program manager officer from handling,
668	660		632managing, or processing scholarship funds, if, based on a criminal background check that the
669	661		633state board conducts in accordance with Section 53F-6-407, the state board identifies the
670	662		634program manager employee or program manager officer as posing a risk to the appropriate use
671	663		635of scholarship funds;
672	664		636 (b) establish procedures to ensure a fair process to:
673	665		637 (i) suspend scholarship student's eligibility for the program in the event of the
674	666		638scholarship student's or scholarship student's parent's:
675	667		639 (A) intentional or substantial misuse of scholarship funds; or
676	668		640 (B) violation of this part or the terms of the program; and
677	669		641 (ii) if the program manager obtains evidence of fraudulent use of scholarship funds,
678	670		642refer the case to the attorney general for collection or criminal investigation;
679	671		643 (iii) ensure that a scholarship student whose eligibility is suspended or disqualified
680	672		644under this Subsection (4)(b) or Subsection (4)(c) based on the actions of the student's parent
681		-	645regains eligibility if the student is placed with a different parent or otherwise no longer resides
	673	+	645regains eligibility if the student is placed with a different parent or otherwise no longer resides 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	674	+	- 22 -
682	675		646with the parent related to the suspension or disqualification;
683	676		647 (c) notify the state board, scholarship student, and scholarship student's parent in
684	677		648writing:
685		-	649 (i) of the suspension described in Subsection (4)(b)(i); Enrolled Copy H.B. 215
686		-	- 25 -
	678	+	649 (i) of the suspension described in Subsection (4)(b)(i);
687	679		650 (ii) that no further transactions, disbursements, or reimbursements are allowed;
688	680		651 (iii) that the scholarship student or scholarship student's parent may take corrective
689	681		652action within 10 business days of the day on which the program manager provides the
690	682		653notification; and
691	683		654 (iv) that without taking the corrective action within the time period described in
692	684		655Subsection (4)(c)(iii), the program manager may disqualify the student's eligibility.
693	685		656 (5) (a) A program manager may not:
694	686		657 (i) disburse scholarship funds to a qualifying provider or allow a qualifying provider to
695	687		658use scholarship funds if:
696	688		659 (A) the program manager determines that the qualifying provider intentionally or
697	689		660substantially misrepresented information on overpayment;
698	690		661 (B) the qualifying provider fails to refund an overpayment in a timely manner; or
699	691		662 (C) the qualifying provider routinely fails to provide scholarship students with
700	692		663promised educational services; or
701	693		664 (ii) reimburse with scholarship funds an individual for the purchase of a good or
702	694		665service if the program manager determines that:
703	695		666 (A) the scholarship student or the scholarship student's parent requesting
704	696		667reimbursement intentionally or substantially misrepresented the cost or educational purpose of
705	697		668the good or service; or
706	698		669 (B) the relevant scholarship student was not the exclusive user of the good or service.
707	699		670 (b) A program manager shall notify a scholarship student if the program manager:
708	700		671 (i) stops disbursement of the scholarship student's scholarship funds to a qualifying
709	701		672provider under Subsection (5)(a)(i); or
710	702		673 (ii) refuses reimbursement under Subsection (5)(a)(ii).
711	703		674 (6) (a) At any time, a scholarship student may change the qualifying provider to which
712	704		675the scholarship student's scholarship account makes distributions.
713		-	676 (b) If, during the school year, a scholarship student changes the student's enrollment in H.B. 215
714		-	Enrolled Copy
715		-	- 26 -
	705	+	676 (b) If, during the school year, a scholarship student changes the student's enrollment in 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	706	+	- 23 -
716	707		677or engagement with a qualifying provider to another qualifying provider, the program manager
717	708		678may prorate scholarship funds between the qualifying providers based on the time the
718	709		679scholarship student received the goods or services or was enrolled.
719	710		680 (7) A program manager may not subvert the enrollment preferences required under
720	711		681Section 53F-6-402 or other provisions of this part to establish a scholarship account on behalf
721	712		682of a relative of a program manager officer.
722	713		683 (8) The program manager shall:
723	714		684 (a) contract for annual and random audits on scholarship accounts conducted:
724	715		685 (i) by a certified public accountant who is independent from:
725	716		686 (A) the program manager;
726	717		687 (B) the state board; and
727	718		688 (C) the program manager's accounts and records pertaining to scholarship funds; and
728	719		689 (ii) in accordance with generally accepted auditing standards;
729	720		690 (b) demonstrate the program manager's financial accountability by annually submitting
730	721		691to the state board the following:
731	722		692 (i) a financial information report that a certified public accountant prepares and that
732	723		693includes the total number and total dollar amount of scholarship funds disbursed during the
733	724		694previous calendar year; and
734	725		695 (ii) no later than 180 days after the last day of the program manager's fiscal year, the
735	726		696results of the audits described in Subsection (8)(a), including the program manager's financial
736	727		697statements in a format that meets generally accepted accounting principles.
737	728		698 (9) (a) The state board:
738	729		699 (i) shall review a report described in this section; and
739	730		700 (ii) may request that the program manager revise or supplement the report if the report
740	731		701does not fully comply with this section.
741	732		702 (b) The program manager shall provide to the state board a revised report or a
742		-	703supplement to the report no later than 45 days after the day on which the state board makes a Enrolled Copy H.B. 215
743		-	- 27 -
	733	+	703supplement to the report no later than 45 days after the day on which the state board makes a
744	734		704request described in Subsection (9)(a).
745	735		705 Section 8. Section 53F-6-406 is enacted to read:
746	736		706 53F-6-406. Qualifying provider regulatory autonomy -- Home school autonomy --
747		-	707Student records -- Scholarship student status.
	737	+	707Student records -- Scholarship student status. 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	738	+	- 24 -
748	739		708 (1) Nothing in this part:
749	740		709 (a) except as expressly described in this part, grants additional authority to any state
750	741		710agency or LEA to regulate or control:
751	742		711 (i) a private school, qualifying provider, or home school;
752	743		712 (ii) students receiving education from a private school, qualifying provider, or home
753	744		713school;
754	745		714 (b) applies to or otherwise affects the freedom of choice of a home school student,
755	746		715including the curriculum, resources, developmental planning, or any other aspect of the home
756	747		716school student's education; or
757	748		717 (c) expands the regulatory authority of the state, a state office holder, or an LEA to
758	749		718impose any additional regulation of a qualifying provider beyond any regulation necessary to
759	750		719administer this part.
760	751		720 (2) A qualifying provider:
761	752		721 (a) has a right to maximum freedom from unlawful governmental control in providing
762	753		722for the educational needs of a scholarship student who attends or engages with the qualifying
763	754		723provider; and
764	755		724 (b) is not an agent of the state by virtue of the provider's acceptance of payment from a
765	756		725scholarship account in accordance with this part.
766	757		726 (3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section
767	758		72753F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service
768	759		728providers, a program manager may not require a qualifying provider to alter the qualifying
769	760		729provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept
770		-	730scholarship funds. H.B. 215
771		-	Enrolled Copy
772		-	- 28 -
	761	+	730scholarship funds.
773	762		731 (4) An LEA or a school in an LEA in which a scholarship student was previously
774	763		732enrolled shall provide to the scholarship student's parent a copy of all school records relating to
775	764		733the student that the LEA possesses within 30 days after the day on which the LEA or school
776	765		734receives the parent's request for the student's records, subject to:
777	766		735 (a) Title 53E, Chapter 9, Student Privacy and Data Protection; and
778	767		736 (b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
779	768		737 (5) By virtue of a scholarship student's involvement in the program and unless
780		-	738otherwise expressly provided in statute, a scholarship student is not:
	769	+	738otherwise expressly provided in statute, a scholarship student is not: 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	770	+	- 25 -
781	771		739 (a) enrolled in the public education system; or
782	772		740 (b) otherwise subject to statute, administrative rules, or other state regulations as if the
783	773		741student was enrolled in the public education system.
784	774		742 Section 9. Section 53F-6-407 is enacted to read:
785	775		743 53F-6-407. Background checks for program manager -- Bureau responsibilities --
786	776		744Fees.
787	777		745 (1) As used in this section:
788	778		746 (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
789	779		747within the Department of Public Safety.
790	780		748 (b) "Department" means the Department of Public Safety.
791	781		749 (c) "Division" means the Criminal Investigations and Technical Services Division
792	782		750created in Section 53-10-103.
793	783		751 (d) "Personal identifying information" means:
794	784		752 (i) current name;
795	785		753 (ii) former names;
796	786		754 (iii) nicknames;
797	787		755 (iv) aliases;
798	788		756 (v) date of birth;
799		-	757 (vi) address; Enrolled Copy H.B. 215
800		-	- 29 -
	789	+	757 (vi) address;
801	790		758 (vii) telephone number;
802	791		759 (viii) driver license number or other government-issued identification number;
803	792		760 (ix) social security number; and
804	793		761 (x) fingerprints.
805	794		762 (e) "Rap back system" means a system that enables authorized entities to receive
806	795		763ongoing status notifications of any criminal history reported on individuals whose fingerprints
807	796		764are registered in the system.
808	797		765 (f) "WIN Database" means the Western Identification Network Database that consists
809	798		766of eight western states sharing one electronic fingerprint database.
810	799		767 (2) The program manager shall:
811	800		768 (a) require an employee or officer of the program manager to submit to a criminal
812		-	769background check and ongoing monitoring;
	801	+	769background check and ongoing monitoring; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	802	+	- 26 -
813	803		770 (b) collect the following from an employee or officer of the program manager:
814	804		771 (i) personal identifying information;
815	805		772 (ii) a fee described in Subsection (4); and
816	806		773 (iii) consent, on a form specified by the program manager, for:
817	807		774 (A) an initial fingerprint-based background check by the bureau;
818	808		775 (B) retention of personal identifying information for ongoing monitoring through
819	809		776registration with the systems described in Subsection (3); and
820	810		777 (C) disclosure of any criminal history information to the program manager;
821	811		778 (c) submit the personal identifying information of an employee or officer of the
822	812		779program manager to the bureau for:
823	813		780 (i) an initial fingerprint-based background check by the bureau; and
824	814		781 (ii) ongoing monitoring through registration with the systems described in Subsection
825	815		782(3) if the results of the initial background check do not contain disqualifying criminal history
826	816		783information as determined by the program manager;
827		-	784 (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure H.B. 215
828		-	Enrolled Copy
829		-	- 30 -
	817	+	784 (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
830	818		785that the program manager only receives notifications for individuals with whom the program
831	819		786manager maintains an authorizing relationship; and
832	820		787 (e) submit the information to the bureau for ongoing monitoring through registration
833	821		788with the systems described in Subsection (3).
834	822		789 (3) The bureau shall:
835	823		790 (a) upon request from the program manager, register the fingerprints submitted by the
836	824		791program manager as part of a background check with the WIN Database rap back system, or
837	825		792any successor system;
838	826		793 (b) notify the program manager when a new entry is made against an individual whose
839	827		794fingerprints are registered with the WIN Database rap back system regarding:
840	828		795 (i) an alleged offense; or
841	829		796 (ii) a conviction, including a plea in abeyance;
842	830		797 (c) assist the program manager to identify the appropriate privacy risk mitigation
843	831		798strategy that is to be used to ensure that the program manager only receives notifications for
844	832		799individuals with whom the authorized entity maintains an authorizing relationship; and
845		-	800 (d) collaborate with the program manager to provide training to appropriate program
	833	+	800 (d) collaborate with the program manager to provide training to appropriate program 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	834	+	- 27 -
846	835		801manager employees on the notification procedures and privacy risk mitigation strategies
847	836		802described in this section.
848	837		803 (4) (a) The division shall impose fees that the division sets in accordance with Section
849	838		80463J-1-504 for the fingerprint card of an employee or officer of the program manager, for a
850	839		805name check, and to register fingerprints under this section.
851	840		806 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
852	841		807as a dedicated credit by the department to cover the costs incurred in providing the information.
853	842		808 Section 10. Section 53F-6-408 is enacted to read:
854	843		809 53F-6-408. Eligible schools.
855	844		810 (1) To be eligible to receive scholarship funds on behalf of a scholarship student as an
856		-	811eligible school, a private school with 150 or more enrolled students shall: Enrolled Copy H.B. 215
857		-	- 31 -
	845	+	811eligible school, a private school with 150 or more enrolled students shall:
858	846		812 (a) (i) contract with an independent licensed certified public accountant to conduct an
859	847		813agreed upon procedures engagement as the state board adopts, or obtain an audit and report
860	848		814that:
861	849		815 (A) a licensed independent certified public accountant conducts in accordance with
862	850		816generally accepted auditing standards;
863	851		817 (B) presents the financial statements in accordance with generally accepted accounting
864	852		818principles; and
865	853		819 (C) audits financial statements from within the 12 months immediately preceding the
866	854		820audit; and
867	855		821 (ii) submit the audit report or report of the agreed upon procedure to the program
868	856		822manager when the private school applies to receive scholarship funds;
869	857		823 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
870	858		824 (c) provide a written disclosure to the parent of each prospective scholarship student,
871	859		825before the student is enrolled, of:
872	860		826 (i) the education services that the school will provide to the scholarship student,
873	861		827including the cost of the provided services;
874	862		828 (ii) tuition costs;
875	863		829 (iii) additional fees the school will require a parent to pay during the school year; and
876	864		830 (iv) the skill or grade level of the curriculum in which the prospective scholarship
877		-	831student will participate; and
	865	+	831student will participate; and 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	866	+	- 28 -
878	867		832 (d) require the following individuals to submit to a nationwide, fingerprint-based
879	868		833criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
880	869		834as a condition for employment or appointment, as authorized by the Adam Walsh Child
881	870		835Protection and Safety Act of 2006, Pub. L. No. 109-248:
882	871		836 (i) an employee who does not hold:
883	872		837 (A) a current Utah educator license issued by the state board under Title 53E, Chapter
884		-	8386, Education Professional Licensure; or H.B. 215
885		-	Enrolled Copy
886		-	- 32 -
	873	+	8386, Education Professional Licensure; or
887	874		839 (B) if the private school is not physically located in Utah, a current educator license in
888	875		840the state where the private school is physically located; and
889	876		841 (ii) a contract employee.
890	877		842 (2) A private school described in Subsection (1) is not eligible to receive scholarship
891	878		843funds if:
892	879		844 (a) the private school requires a scholarship student to sign a contract waiving the
893	880		845scholarship student's right to transfer to another qualifying provider during the school year;
894	881		846 (b) the audit report described in Subsection (1)(a) contains a going concern explanatory
895	882		847paragraph; or
896	883		848 (c) the report of the agreed upon procedures described in Subsection (1)(a) shows that
897	884		849the private school does not have adequate working capital to maintain operations for the first
898	885		850full year.
899	886		851 (3) To be eligible to receive scholarship funds on behalf of a scholarship student as an
900	887		852eligible school, a private school with fewer than 150 enrolled students shall:
901	888		853 (a) provide to the program manager:
902	889		854 (i) a federal employer identification number;
903	890		855 (ii) the provider's address and contact information;
904	891		856 (iii) a description of each program or service the provider proposes to offer a
905	892		857scholarship student; and
906	893		858 (iv) any other information as required by the program manager; and
907	894		859 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
908	895		860 (4) A private school described in Subsection (3) is not eligible to receive scholarship
909	896		861funds if the private school requires a scholarship student to sign a contract waiving the
910		-	862student's rights to transfer to another qualifying provider during the school year.
	897	+	862student's rights to transfer to another qualifying provider during the school year. 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	898	+	- 29 -
911	899		863 (5) To be eligible to receive scholarship funds on behalf of a scholarship student as an
912	900		864eligible school, an LEA shall:
913		-	865 (a) provide to the program manager: Enrolled Copy H.B. 215
914		-	- 33 -
	901	+	865 (a) provide to the program manager:
915	902		866 (i) a federal employer identification number;
916	903		867 (ii) the LEA's address and contact information;
917	904		868 (iii) a description of each program or service the LEA proposes to offer to scholarship
918	905		869students; and
919	906		870 (iv) any other information as required by the program manager;
920		-	871 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
	907	+	871 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.; and
921	908		872 (c) enter into an agreement with the program manager regarding the provision of
922	909		873services to a scholarship student through which:
923	910		874 (i) the scholarship student does not enroll in the LEA;
924	911		875 (ii) in accordance with Subsection 53F-2-302(2), the LEA does not receive WPU
925	912		876funding related to the student's participation with the LEA; and
926	913		877 (iii) the LEA and program manager ensure that a scholarship student does not
927	914		878participate in a course or program at the LEA except in accordance with the agreement
928	915		879described in this Subsection (5)(c) under the program.
929	916		880 (6) An LEA described in Subsection (5) is not eligible to receive scholarship funds if:
930	917		881 (a) the LEA requires a public education system scholarship student to sign a contract
931	918		882waiving the student's rights to transfer to another qualifying provider during the school year; or
932	919		883 (b) the LEA refuses to offer services that do not require LEA enrollment to scholarship
933	920		884students under the program.
934	921		885 (7) Residential treatment facilities licensed by the state are not eligible to receive
935	922		886scholarship funds.
936	923		887 (8) A private school or LEA intending to receive scholarship funds shall:
937	924		888 (a) submit an application to the program manager; and
938	925		889 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
939	926		890scholarship student's parents in any manner except remittances or refunds to a scholarship
940	927		891account in accordance with this part and procedures that the program manager establishes.
941		-	892 (9) The program manager shall: H.B. 215
942		-	Enrolled Copy
943		-	- 34 -
944		-	893 (a) if the private school or LEA meets the eligibility requirements of this section,
	928	+	892 (9) The program manager shall:
	929	+	893 (a) if the private school or LEA meets the eligibility requirements of this section, 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	930	+	- 30 -
945	931		894recognize the private school or LEA as an eligible school and approve the application; and
946	932		895 (b) make available to the public a list of eligible schools approved under this section.
947	933		896 (10) A private school approved under this section that changes ownership shall:
948	934		897 (a) cease operation as an eligible school until:
949	935		898 (i) the school submits a new application to the program manager; and
950	936		899 (ii) the program manager approves the new application; and
951	937		900 (b) demonstrate that the private school continues to meet the eligibility requirements of
952	938		901this section.
953	939		902 Section 11. Section 53F-6-409 is enacted to read:
954	940		903 53F-6-409. Eligible service providers.
955	941		904 (1) To be an eligible service provider, a private program or service:
956	942		905 (a) shall provide to the program manager:
957	943		906 (i) a federal employer identification number;
958	944		907 (ii) the provider's address and contact information;
959	945		908 (iii) a description of each program or service the provider proposes to offer directly to a
960	946		909scholarship student; and
961	947		910 (iv) subject to Subsection (2), any other information as required by the program
962	948		911manager;
963	949		912 (b) shall comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
964	950		913 (c) may not act as a consultant, clearing house, or intermediary that connects a
965	951		914scholarship student with or otherwise facilitates the student's engagement with a program or
966	952		915service that another entity provides.
967	953		916 (2) The program manager shall adopt policies that maximize the number of eligible
968	954		917service providers, including accepting new providers throughout the school year, while
969	955		918ensuring education programs or services provided through the program meet student needs and
970		-	919otherwise comply with this part. Enrolled Copy H.B. 215
971		-	- 35 -
	956	+	919otherwise comply with this part.
972	957		920 (3) A private program or service intending to receive scholarship funds shall:
973	958		921 (a) submit an application to the program manager; and
974	959		922 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
975	960		923scholarship students' parents in any manner except remittances or refunds to a scholarship
976		-	924account in accordance with this part and procedures that the program manager establishes.
	961	+	924account in accordance with this part and procedures that the program manager establishes. 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	962	+	- 31 -
977	963		925 (4) The program manager shall:
978	964		926 (a) if the private program or service meets the eligibility requirements of this section,
979	965		927recognize the private program or service as an eligible service provider and approve a private
980	966		928program or service's application to receive scholarship funds on behalf of a scholarship student;
981	967		929and
982	968		930 (b) make available to the public a list of eligible service providers approved under this
983	969		931section.
984	970		932 (5) A private program or service approved under this section that changes ownership
985	971		933shall:
986	972		934 (a) cease operation as an eligible service provider until:
987	973		935 (i) the program or service submits a new application to the program manager; and
988	974		936 (ii) the program manager approves the new application; and
989	975		937 (b) demonstrate that the private program or service continues to meet the eligibility
990	976		938requirements of this section.
991	977		939 Section 12. Section 53F-6-410 is enacted to read:
992	978		940 53F-6-410. Parental rights -- Optional assessment.
993	979		941 (1) In accordance with Section 53G-6-803 regarding a parent's right to academic
994	980		942accommodations, nothing in this chapter restricts or affects a parent's interests and role in the
995	981		943care, custody, and control of the parent's child, including the duty and right to nurture and
996	982		944direct the child's upbringing and education.
997	983		945 (2) (a) A parent may request that the program manager facilitate one of the following
998		-	946assessments of the parent's scholarship student: H.B. 215
999		-	Enrolled Copy
1000		-	- 36 -
	984	+	946assessments of the parent's scholarship student:
1001	985		947 (i) a standards assessment described in Section 53E-4-303;
1002	986		948 (ii) a high school assessment described in Section 53E-4-304;
1003	987		949 (iii) a college readiness assessment described in Section 53E-4-305;
1004	988		950 (iv) an assessment of students in grade 3 to measure reading grade level described in
1005	989		951Section 53E-4-307; or
1006	990		952 (v) a nationally norm-referenced assessment.
1007	991		953 (b) (i) Notwithstanding any other provision of law, the entity administering an
1008	992		954assessment described in Subsection (2)(a) to a scholarship student in accordance with this
1009		-	955section may not report the result of or any other data pertaining to the assessment or
	993	+	955section may not report the result of or any other data pertaining to the assessment or 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	994	+	- 32 -
1010	995		956scholarship student to a person other than the program manager, the scholarship student, or the
1011	996		957scholarship student's parent.
1012	997		958 (ii) The program manager may not report or communicate the result or data described
1013	998		959in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the
1014	999		960scholarship student's parent unless the result or data is included in a de-identified compilation
1015	1000		961of data related to all scholarship students.
1016	1001		962 (c) In any communication from the program manager regarding an assessment
1017	1002		963described in this Subsection (2), the program manager shall include a disclaimer that no
1018	1003		964assessment is required.
1019	1004		965 (d) The completion of an optional assessment under this section satisfies the portfolio
1020	1005		966eligibility qualification described in Subsection 53F-6-402(3)(d).
1021	1006		967 Section 13. Section 53F-6-411 is enacted to read:
1022	1007		968 53F-6-411. Program funding.
1023	1008		969 (1) If a scholarship student enters or reenters the public education system during a
1024	1009		970given school year:
1025	1010		971 (a) no later than five business days after the day on which the student enters or reenters
1026	1011		972the public education system, the program manager shall immediately remove the balance in the
1027		-	973scholarship student's scholarship account for other use within the program; Enrolled Copy H.B. 215
1028		-	- 37 -
	1012	+	973scholarship student's scholarship account for other use within the program;
1029	1013		974 (b) the state board may not distribute any remaining state funds to the program
1030	1014		975manager for the student; and
1031	1015		976 (c) the program manager may use the balance described in Subsection (1)(a) for
1032	1016		977another scholarship student.
1033	1017		978 (2) At the end of a school year, a program manager shall withdraw any remaining
1034	1018		979scholarship funds in a scholarship account and retain the scholarship funds for disbursement in
1035	1019		980the following year.
1036	1020		981 (3) (a) To administer the program, the program manager may use up to the lesser of 5%
1037	1021		982or $2,500,000 of the funds the Legislature appropriates for the program.
1038	1022		983 (b) Subject to Subsection (3)(a), the funds for program administration described in
1039	1023		984Subsection (3)(a) are nonlapsing.
1040	1024		985 (c) The program manager may not retain administrative cost balances in excess of 25%
1041		-	986of total administrative costs in any fiscal year.
	1025	+	986of total administrative costs in any fiscal year. 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1026	+	- 33 -
1042	1027		987 Section 14. Section 53F-6-412 is enacted to read:
1043		-	988 53F-6-412. Reports.
	1028	+	988 53F-6-412. Reports
1044	1029		989 Beginning in 2025 and in accordance with Section 68-3-14 and the Family Educational
1045	1030		990Rights and Privacy Act, 20 U.S.C. Sec. 1232g:
1046	1031		991 (1) the program manager shall submit a report on the program to the Education Interim
1047	1032		992Committee no later than September 1 of each year that includes:
1048	1033		993 (a) the total amount of tuition and fees qualifying providers charged for the current year
1049	1034		994and previous two years;
1050	1035		995 (b) the total amount of goods paid for with scholarship funds in the previous year and a
1051	1036		996general characterization of the types of goods;
1052	1037		997 (c) administrative costs of the program;
1053	1038		998 (d) the number of scholarship students from each county and the aggregate number of
1054	1039		999eligible students on the waitlist described in Section 53F-6-405;
1055		-	1000 (e) the percentage of first-time scholarship students who were enrolled in a public H.B. 215
1056		-	Enrolled Copy
1057		-	- 38 -
	1040	+	1000 (e) the percentage of first-time scholarship students who were enrolled in a public
1058	1041		1001school during the previous school year or who entered kindergarten or a higher grade for the
1059	1042		1002first time in Utah;
1060	1043		1003 (f) the program manager's strategy and outreach efforts to reach eligible students whose
1061	1044		1004family income is at or below 200% of the federal poverty level and related obstacles to
1062	1045		1005enrollments;
1063	1046		1006 (g) in the report that the program manager submits in 2025, information on steps the
1064	1047		1007program manager has taken and processes the program manager has adopted to implement the
1065	1048		1008program; and
1066	1049		1009 (h) any other information regarding the program and the program's implementation that
1067	1050		1010the committee requests; and
1068	1051		1011 (2) the state board shall submit a report on the cost-effectiveness of the program to the
1069	1052		1012Education Interim Committee no later than September 1 of each year.
1070	1053		1013 Section 15. Section 53F-6-413 is enacted to read:
1071	1054		1014 53F-6-413. Legal proceedings.
1072	1055		1015 (1) In any legal proceeding against the state in which a qualifying provider challenges
1073	1056		1016the application of this part to the qualifying provider, the state shall bear the burden of
1074		-	1017establishing that the law:
	1057	+	1017establishing that the law: 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1058	+	- 34 -
1075	1059		1018 (a) is necessary; and
1076	1060		1019 (b) does not impose an undue burden on the qualifying provider.
1077	1061		1020 (2) The following bear no liability based on the award or use of scholarship funds
1078	1062		1021under this part:
1079	1063		1022 (a) the state;
1080	1064		1023 (b) the state board;
1081	1065		1024 (c) the program manager; or
1082	1066		1025 (d) an LEA.
1083	1067		1026 (3) If any provision of this part is the subject of a state or federal constitutional
1084		-	1027challenge in a state court, scholarship students and scholarship students' parents may intervene Enrolled Copy H.B. 215
1085		-	- 39 -
	1068	+	1027challenge in a state court, scholarship students and scholarship students' parents may intervene
1086	1069		1028as a matter of right to defend the program's constitutionality, subject to any court order that all
1087	1070		1029defending parents and scholarship students intervene jointly.
1088	1071		1030 Section 16. Section 53F-6-414 is enacted to read:
1089	1072		1031 53F-6-414. Severability.
1090	1073		1032 (1) If any provision of this part or the application of any provision of this part to any
1091	1074		1033person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1092	1075		1034the remaining provisions of this part remain effective without the invalidated provision or
1093	1076		1035application.
1094	1077		1036 (2) The provisions of this part are severable.
1095	1078		1037 Section 17. Section 63G-2-305 is amended to read:
1096	1079		1038 63G-2-305. Protected records.
1097	1080		1039 The following records are protected if properly classified by a governmental entity:
1098	1081		1040 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
1099	1082		1041has provided the governmental entity with the information specified in Section 63G-2-309;
1100	1083		1042 (2) commercial information or nonindividual financial information obtained from a
1101	1084		1043person if:
1102	1085		1044 (a) disclosure of the information could reasonably be expected to result in unfair
1103	1086		1045competitive injury to the person submitting the information or would impair the ability of the
1104	1087		1046governmental entity to obtain necessary information in the future;
1105	1088		1047 (b) the person submitting the information has a greater interest in prohibiting access
1106		-	1048than the public in obtaining access; and
	1089	+	1048than the public in obtaining access; and 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1090	+	- 35 -
1107	1091		1049 (c) the person submitting the information has provided the governmental entity with
1108	1092		1050the information specified in Section 63G-2-309;
1109	1093		1051 (3) commercial or financial information acquired or prepared by a governmental entity
1110	1094		1052to the extent that disclosure would lead to financial speculations in currencies, securities, or
1111	1095		1053commodities that will interfere with a planned transaction by the governmental entity or cause
1112		-	1054substantial financial injury to the governmental entity or state economy; H.B. 215
1113		-	Enrolled Copy
1114		-	- 40 -
	1096	+	1054substantial financial injury to the governmental entity or state economy;
1115	1097		1055 (4) records, the disclosure of which could cause commercial injury to, or confer a
1116	1098		1056competitive advantage upon a potential or actual competitor of, a commercial project entity as
1117	1099		1057defined in Subsection 11-13-103(4);
1118	1100		1058 (5) test questions and answers to be used in future license, certification, registration,
1119	1101		1059employment, or academic examinations;
1120	1102		1060 (6) records, the disclosure of which would impair governmental procurement
1121	1103		1061proceedings or give an unfair advantage to any person proposing to enter into a contract or
1122	1104		1062agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
1123	1105		1063Subsection (6) does not restrict the right of a person to have access to, after the contract or
1124	1106		1064grant has been awarded and signed by all parties:
1125	1107		1065 (a) a bid, proposal, application, or other information submitted to or by a governmental
1126	1108		1066entity in response to:
1127	1109		1067 (i) an invitation for bids;
1128	1110		1068 (ii) a request for proposals;
1129	1111		1069 (iii) a request for quotes;
1130	1112		1070 (iv) a grant; or
1131	1113		1071 (v) other similar document; or
1132	1114		1072 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
1133	1115		1073 (7) information submitted to or by a governmental entity in response to a request for
1134	1116		1074information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
1135	1117		1075the right of a person to have access to the information, after:
1136	1118		1076 (a) a contract directly relating to the subject of the request for information has been
1137	1119		1077awarded and signed by all parties; or
1138	1120		1078 (b) (i) a final determination is made not to enter into a contract that relates to the
1139		-	1079subject of the request for information; and
	1121	+	1079subject of the request for information; and 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1122	+	- 36 -
1140	1123		1080 (ii) at least two years have passed after the day on which the request for information is
1141		-	1081issued; Enrolled Copy H.B. 215
1142		-	- 41 -
	1124	+	1081issued;
1143	1125		1082 (8) records that would identify real property or the appraisal or estimated value of real
1144	1126		1083or personal property, including intellectual property, under consideration for public acquisition
1145	1127		1084before any rights to the property are acquired unless:
1146	1128		1085 (a) public interest in obtaining access to the information is greater than or equal to the
1147	1129		1086governmental entity's need to acquire the property on the best terms possible;
1148	1130		1087 (b) the information has already been disclosed to persons not employed by or under a
1149	1131		1088duty of confidentiality to the entity;
1150	1132		1089 (c) in the case of records that would identify property, potential sellers of the described
1151	1133		1090property have already learned of the governmental entity's plans to acquire the property;
1152	1134		1091 (d) in the case of records that would identify the appraisal or estimated value of
1153	1135		1092property, the potential sellers have already learned of the governmental entity's estimated value
1154	1136		1093of the property; or
1155	1137		1094 (e) the property under consideration for public acquisition is a single family residence
1156	1138		1095and the governmental entity seeking to acquire the property has initiated negotiations to acquire
1157	1139		1096the property as required under Section 78B-6-505;
1158	1140		1097 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
1159	1141		1098compensated transaction of real or personal property including intellectual property, which, if
1160	1142		1099disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
1161	1143		1100of the subject property, unless:
1162	1144		1101 (a) the public interest in access is greater than or equal to the interests in restricting
1163	1145		1102access, including the governmental entity's interest in maximizing the financial benefit of the
1164	1146		1103transaction; or
1165	1147		1104 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1166	1148		1105the value of the subject property have already been disclosed to persons not employed by or
1167	1149		1106under a duty of confidentiality to the entity;
1168	1150		1107 (10) records created or maintained for civil, criminal, or administrative enforcement
1169		-	1108purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if H.B. 215
1170		-	Enrolled Copy
1171		-	- 42 -
	1151	+	1108purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
1172	1152		1109release of the records:
1173		-	1110 (a) reasonably could be expected to interfere with investigations undertaken for
	1153	+	1110 (a) reasonably could be expected to interfere with investigations undertaken for 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1154	+	- 37 -
1174	1155		1111enforcement, discipline, licensing, certification, or registration purposes;
1175	1156		1112 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1176	1157		1113proceedings;
1177	1158		1114 (c) would create a danger of depriving a person of a right to a fair trial or impartial
1178	1159		1115hearing;
1179	1160		1116 (d) reasonably could be expected to disclose the identity of a source who is not
1180	1161		1117generally known outside of government and, in the case of a record compiled in the course of
1181	1162		1118an investigation, disclose information furnished by a source not generally known outside of
1182	1163		1119government if disclosure would compromise the source; or
1183	1164		1120 (e) reasonably could be expected to disclose investigative or audit techniques,
1184	1165		1121procedures, policies, or orders not generally known outside of government if disclosure would
1185	1166		1122interfere with enforcement or audit efforts;
1186	1167		1123 (11) records the disclosure of which would jeopardize the life or safety of an
1187	1168		1124individual;
1188	1169		1125 (12) records the disclosure of which would jeopardize the security of governmental
1189	1170		1126property, governmental programs, or governmental recordkeeping systems from damage, theft,
1190	1171		1127or other appropriation or use contrary to law or public policy;
1191	1172		1128 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
1192	1173		1129facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1193	1174		1130with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1194	1175		1131 (14) records that, if disclosed, would reveal recommendations made to the Board of
1195	1176		1132Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1196	1177		1133Board of Pardons and Parole, or the Department of Health and Human Services that are based
1197	1178		1134on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
1198		-	1135board's jurisdiction; Enrolled Copy H.B. 215
1199		-	- 43 -
	1179	+	1135board's jurisdiction;
1200	1180		1136 (15) records and audit workpapers that identify audit, collection, and operational
1201	1181		1137procedures and methods used by the State Tax Commission, if disclosure would interfere with
1202	1182		1138audits or collections;
1203	1183		1139 (16) records of a governmental audit agency relating to an ongoing or planned audit
1204	1184		1140until the final audit is released;
1205		-	1141 (17) records that are subject to the attorney client privilege;
	1185	+	1141 (17) records that are subject to the attorney client privilege; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1186	+	- 38 -
1206	1187		1142 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1207	1188		1143employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1208	1189		1144quasi-judicial, or administrative proceeding;
1209	1190		1145 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
1210	1191		1146from a member of the Legislature; and
1211	1192		1147 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1212	1193		1148legislative action or policy may not be classified as protected under this section; and
1213	1194		1149 (b) (i) an internal communication that is part of the deliberative process in connection
1214	1195		1150with the preparation of legislation between:
1215	1196		1151 (A) members of a legislative body;
1216	1197		1152 (B) a member of a legislative body and a member of the legislative body's staff; or
1217	1198		1153 (C) members of a legislative body's staff; and
1218	1199		1154 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1219	1200		1155legislative action or policy may not be classified as protected under this section;
1220	1201		1156 (20) (a) records in the custody or control of the Office of Legislative Research and
1221	1202		1157General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1222	1203		1158legislation or contemplated course of action before the legislator has elected to support the
1223	1204		1159legislation or course of action, or made the legislation or course of action public; and
1224	1205		1160 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1225	1206		1161Office of Legislative Research and General Counsel is a public document unless a legislator
1226		-	1162asks that the records requesting the legislation be maintained as protected records until such H.B. 215
1227		-	Enrolled Copy
1228		-	- 44 -
	1207	+	1162asks that the records requesting the legislation be maintained as protected records until such
1229	1208		1163time as the legislator elects to make the legislation or course of action public;
1230	1209		1164 (21) research requests from legislators to the Office of Legislative Research and
1231	1210		1165General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1232	1211		1166in response to these requests;
1233	1212		1167 (22) drafts, unless otherwise classified as public;
1234	1213		1168 (23) records concerning a governmental entity's strategy about:
1235	1214		1169 (a) collective bargaining; or
1236	1215		1170 (b) imminent or pending litigation;
1237	1216		1171 (24) records of investigations of loss occurrences and analyses of loss occurrences that
1238		-	1172may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
	1217	+	1172may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1218	+	- 39 -
1239	1219		1173Uninsured Employers' Fund, or similar divisions in other governmental entities;
1240	1220		1174 (25) records, other than personnel evaluations, that contain a personal recommendation
1241	1221		1175concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1242	1222		1176personal privacy, or disclosure is not in the public interest;
1243	1223		1177 (26) records that reveal the location of historic, prehistoric, paleontological, or
1244	1224		1178biological resources that if known would jeopardize the security of those resources or of
1245	1225		1179valuable historic, scientific, educational, or cultural information;
1246	1226		1180 (27) records of independent state agencies if the disclosure of the records would
1247	1227		1181conflict with the fiduciary obligations of the agency;
1248	1228		1182 (28) records of an institution within the state system of higher education defined in
1249	1229		1183Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1250	1230		1184retention decisions, and promotions, which could be properly discussed in a meeting closed in
1251	1231		1185accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1252	1232		1186the final decisions about tenure, appointments, retention, promotions, or those students
1253	1233		1187admitted, may not be classified as protected under this section;
1254	1234		1188 (29) records of the governor's office, including budget recommendations, legislative
1255		-	1189proposals, and policy statements, that if disclosed would reveal the governor's contemplated Enrolled Copy H.B. 215
1256		-	- 45 -
	1235	+	1189proposals, and policy statements, that if disclosed would reveal the governor's contemplated
1257	1236		1190policies or contemplated courses of action before the governor has implemented or rejected
1258	1237		1191those policies or courses of action or made them public;
1259	1238		1192 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1260	1239		1193revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1261	1240		1194recommendations in these areas;
1262	1241		1195 (31) records provided by the United States or by a government entity outside the state
1263	1242		1196that are given to the governmental entity with a requirement that they be managed as protected
1264	1243		1197records if the providing entity certifies that the record would not be subject to public disclosure
1265	1244		1198if retained by it;
1266	1245		1199 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1267	1246		1200public body except as provided in Section 52-4-206;
1268	1247		1201 (33) records that would reveal the contents of settlement negotiations but not including
1269	1248		1202final settlements or empirical data to the extent that they are not otherwise exempt from
1270		-	1203disclosure;
	1249	+	1203disclosure; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1250	+	- 40 -
1271	1251		1204 (34) memoranda prepared by staff and used in the decision-making process by an
1272	1252		1205administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1273	1253		1206other body charged by law with performing a quasi-judicial function;
1274	1254		1207 (35) records that would reveal negotiations regarding assistance or incentives offered
1275	1255		1208by or requested from a governmental entity for the purpose of encouraging a person to expand
1276	1256		1209or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1277	1257		1210person or place the governmental entity at a competitive disadvantage, but this section may not
1278	1258		1211be used to restrict access to a record evidencing a final contract;
1279	1259		1212 (36) materials to which access must be limited for purposes of securing or maintaining
1280	1260		1213the governmental entity's proprietary protection of intellectual property rights including patents,
1281	1261		1214copyrights, and trade secrets;
1282	1262		1215 (37) the name of a donor or a prospective donor to a governmental entity, including an
1283		-	1216institution within the state system of higher education defined in Section 53B-1-102, and other H.B. 215
1284		-	Enrolled Copy
1285		-	- 46 -
	1263	+	1216institution within the state system of higher education defined in Section 53B-1-102, and other
1286	1264		1217information concerning the donation that could reasonably be expected to reveal the identity of
1287	1265		1218the donor, provided that:
1288	1266		1219 (a) the donor requests anonymity in writing;
1289	1267		1220 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1290	1268		1221classified protected by the governmental entity under this Subsection (37); and
1291	1269		1222 (c) except for an institution within the state system of higher education defined in
1292	1270		1223Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1293	1271		1224in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
1294	1272		1225over the donor, a member of the donor's immediate family, or any entity owned or controlled
1295	1273		1226by the donor or the donor's immediate family;
1296	1274		1227 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
1297	1275		122873-18-13;
1298	1276		1229 (39) a notification of workers' compensation insurance coverage described in Section
1299	1277		123034A-2-205;
1300	1278		1231 (40) (a) the following records of an institution within the state system of higher
1301	1279		1232education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1302	1280		1233or received by or on behalf of faculty, staff, employees, or students of the institution:
1303		-	1234 (i) unpublished lecture notes;
	1281	+	1234 (i) unpublished lecture notes; 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1282	+	- 41 -
1304	1283		1235 (ii) unpublished notes, data, and information:
1305	1284		1236 (A) relating to research; and
1306	1285		1237 (B) of:
1307	1286		1238 (I) the institution within the state system of higher education defined in Section
1308	1287		123953B-1-102; or
1309	1288		1240 (II) a sponsor of sponsored research;
1310	1289		1241 (iii) unpublished manuscripts;
1311	1290		1242 (iv) creative works in process;
1312		-	1243 (v) scholarly correspondence; and Enrolled Copy H.B. 215
1313		-	- 47 -
	1291	+	1243 (v) scholarly correspondence; and
1314	1292		1244 (vi) confidential information contained in research proposals;
1315	1293		1245 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
1316	1294		1246information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1317	1295		1247 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1318	1296		1248 (41) (a) records in the custody or control of the Office of the Legislative Auditor
1319	1297		1249General that would reveal the name of a particular legislator who requests a legislative audit
1320	1298		1250prior to the date that audit is completed and made public; and
1321	1299		1251 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1322	1300		1252Office of the Legislative Auditor General is a public document unless the legislator asks that
1323	1301		1253the records in the custody or control of the Office of the Legislative Auditor General that would
1324	1302		1254reveal the name of a particular legislator who requests a legislative audit be maintained as
1325	1303		1255protected records until the audit is completed and made public;
1326	1304		1256 (42) records that provide detail as to the location of an explosive, including a map or
1327	1305		1257other document that indicates the location of:
1328	1306		1258 (a) a production facility; or
1329	1307		1259 (b) a magazine;
1330	1308		1260 (43) information contained in the statewide database of the Division of Aging and
1331	1309		1261Adult Services created by Section 62A-3-311.1;
1332	1310		1262 (44) information contained in the Licensing Information System described in Title 80,
1333	1311		1263Chapter 2, Child Welfare Services;
1334	1312		1264 (45) information regarding National Guard operations or activities in support of the
1335		-	1265National Guard's federal mission;
	1313	+	1265National Guard's federal mission; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1314	+	- 42 -
1336	1315		1266 (46) records provided by any pawn or secondhand business to a law enforcement
1337	1316		1267agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
1338	1317		1268Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
1339	1318		1269 (47) information regarding food security, risk, and vulnerability assessments performed
1340		-	1270by the Department of Agriculture and Food; H.B. 215
1341		-	Enrolled Copy
1342		-	- 48 -
	1319	+	1270by the Department of Agriculture and Food;
1343	1320		1271 (48) except to the extent that the record is exempt from this chapter pursuant to Section
1344	1321		127263G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1345	1322		1273prepared or maintained by the Division of Emergency Management, and the disclosure of
1346	1323		1274which would jeopardize:
1347	1324		1275 (a) the safety of the general public; or
1348	1325		1276 (b) the security of:
1349	1326		1277 (i) governmental property;
1350	1327		1278 (ii) governmental programs; or
1351	1328		1279 (iii) the property of a private person who provides the Division of Emergency
1352	1329		1280Management information;
1353	1330		1281 (49) records of the Department of Agriculture and Food that provides for the
1354	1331		1282identification, tracing, or control of livestock diseases, including any program established under
1355	1332		1283Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1356	1333		1284of Animal Disease;
1357	1334		1285 (50) as provided in Section 26-39-501:
1358	1335		1286 (a) information or records held by the Department of Health and Human Services
1359	1336		1287related to a complaint regarding a child care program or residential child care which the
1360	1337		1288department is unable to substantiate; and
1361	1338		1289 (b) information or records related to a complaint received by the Department of Health
1362	1339		1290and Human Services from an anonymous complainant regarding a child care program or
1363	1340		1291residential child care;
1364	1341		1292 (51) unless otherwise classified as public under Section 63G-2-301 and except as
1365	1342		1293provided under Section 41-1a-116, an individual's home address, home telephone number, or
1366	1343		1294personal mobile phone number, if:
1367	1344		1295 (a) the individual is required to provide the information in order to comply with a law,
1368		-	1296ordinance, rule, or order of a government entity; and
1369		-	~~1297 (b) the subject of the record has a reasonable expectation that this information will be Enrolled Copy H.B. 215~~
1370		-	~~- 49 -~~
	1345	+	1296ordinance, rule, or order of a government entity; and 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1346	+	- 43 -
	1347	+	1297 (b) the subject of the record has a reasonable expectation that this information will be
1371	1348		1298kept confidential due to:
1372	1349		1299 (i) the nature of the law, ordinance, rule, or order; and
1373	1350		1300 (ii) the individual complying with the law, ordinance, rule, or order;
1374	1351		1301 (52) the portion of the following documents that contains a candidate's residential or
1375	1352		1302mailing address, if the candidate provides to the filing officer another address or phone number
1376	1353		1303where the candidate may be contacted:
1377	1354		1304 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1378	1355		1305described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
1379	1356		130620A-9-408.5, 20A-9-502, or 20A-9-601;
1380	1357		1307 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1381	1358		1308 (c) a notice of intent to gather signatures for candidacy, described in Section
1382	1359		130920A-9-408;
1383	1360		1310 (53) the name, home address, work addresses, and telephone numbers of an individual
1384	1361		1311that is engaged in, or that provides goods or services for, medical or scientific research that is:
1385	1362		1312 (a) conducted within the state system of higher education, as defined in Section
1386	1363		131353B-1-102; and
1387	1364		1314 (b) conducted using animals;
1388	1365		1315 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1389	1366		1316Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
1390	1367		1317judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
1391	1368		1318information disclosed under Subsection 78A-12-203(5)(e);
1392	1369		1319 (55) information collected and a report prepared by the Judicial Performance
1393	1370		1320Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
1394	1371		132112, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1395	1372		1322the information or report;
1396	1373		1323 (56) records provided or received by the Public Lands Policy Coordinating Office in
1397		-	1324furtherance of any contract or other agreement made in accordance with Section 63L-11-202; H.B. 215
1398		-	Enrolled Copy
1399		-	- 50 -
	1374	+	1324furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
1400	1375		1325 (57) information requested by and provided to the 911 Division under Section
1401	1376		132663H-7a-302;
1402		-	1327 (58) in accordance with Section 73-10-33:
	1377	+	1327 (58) in accordance with Section 73-10-33: 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1378	+	- 44 -
1403	1379		1328 (a) a management plan for a water conveyance facility in the possession of the Division
1404	1380		1329of Water Resources or the Board of Water Resources; or
1405	1381		1330 (b) an outline of an emergency response plan in possession of the state or a county or
1406	1382		1331municipality;
1407	1383		1332 (59) the following records in the custody or control of the Office of Inspector General
1408	1384		1333of Medicaid Services, created in Section 63A-13-201:
1409	1385		1334 (a) records that would disclose information relating to allegations of personal
1410	1386		1335misconduct, gross mismanagement, or illegal activity of a person if the information or
1411	1387		1336allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1412	1388		1337through other documents or evidence, and the records relating to the allegation are not relied
1413	1389		1338upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1414	1390		1339report or final audit report;
1415	1391		1340 (b) records and audit workpapers to the extent they would disclose the identity of a
1416	1392		1341person who, during the course of an investigation or audit, communicated the existence of any
1417	1393		1342Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1418	1394		1343regulation adopted under the laws of this state, a political subdivision of the state, or any
1419	1395		1344recognized entity of the United States, if the information was disclosed on the condition that
1420	1396		1345the identity of the person be protected;
1421	1397		1346 (c) before the time that an investigation or audit is completed and the final
1422	1398		1347investigation or final audit report is released, records or drafts circulated to a person who is not
1423	1399		1348an employee or head of a governmental entity for the person's response or information;
1424	1400		1349 (d) records that would disclose an outline or part of any investigation, audit survey
1425	1401		1350plan, or audit program; or
1426		-	1351 (e) requests for an investigation or audit, if disclosure would risk circumvention of an Enrolled Copy H.B. 215
1427		-	- 51 -
	1402	+	1351 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
1428	1403		1352investigation or audit;
1429	1404		1353 (60) records that reveal methods used by the Office of Inspector General of Medicaid
1430	1405		1354Services, the fraud unit, or the Department of Health and Human Services, to discover
1431	1406		1355Medicaid fraud, waste, or abuse;
1432	1407		1356 (61) information provided to the Department of Health and Human Services or the
1433	1408		1357Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
1434		-	135858-68-304(3) and (4);
	1409	+	135858-68-304(3) and (4); 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1410	+	- 45 -
1435	1411		1359 (62) a record described in Section 63G-12-210;
1436	1412		1360 (63) captured plate data that is obtained through an automatic license plate reader
1437	1413		1361system used by a governmental entity as authorized in Section 41-6a-2003;
1438	1414		1362 (64) any record in the custody of the Utah Office for Victims of Crime relating to a
1439	1415		1363victim, including:
1440	1416		1364 (a) a victim's application or request for benefits;
1441	1417		1365 (b) a victim's receipt or denial of benefits; and
1442	1418		1366 (c) any administrative notes or records made or created for the purpose of, or used to,
1443	1419		1367evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1444	1420		1368Reparations Fund;
1445	1421		1369 (65) an audio or video recording created by a body-worn camera, as that term is
1446	1422		1370defined in Section 77-7a-103, that records sound or images inside a hospital or health care
1447	1423		1371facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1448	1424		1372provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1449	1425		1373that term is defined in Section 62A-2-101, except for recordings that:
1450	1426		1374 (a) depict the commission of an alleged crime;
1451	1427		1375 (b) record any encounter between a law enforcement officer and a person that results in
1452	1428		1376death or bodily injury, or includes an instance when an officer fires a weapon;
1453	1429		1377 (c) record any encounter that is the subject of a complaint or a legal proceeding against
1454		-	1378a law enforcement officer or law enforcement agency; H.B. 215
1455		-	Enrolled Copy
1456		-	- 52 -
	1430	+	1378a law enforcement officer or law enforcement agency;
1457	1431		1379 (d) contain an officer involved critical incident as defined in Subsection
1458	1432		138076-2-408(1)(f); or
1459	1433		1381 (e) have been requested for reclassification as a public record by a subject or
1460	1434		1382authorized agent of a subject featured in the recording;
1461	1435		1383 (66) a record pertaining to the search process for a president of an institution of higher
1462	1436		1384education described in Section 53B-2-102, except for application materials for a publicly
1463	1437		1385announced finalist;
1464	1438		1386 (67) an audio recording that is:
1465	1439		1387 (a) produced by an audio recording device that is used in conjunction with a device or
1466	1440		1388piece of equipment designed or intended for resuscitating an individual or for treating an
1467		-	1389individual with a life-threatening condition;
	1441	+	1389individual with a life-threatening condition; 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1442	+	- 46 -
1468	1443		1390 (b) produced during an emergency event when an individual employed to provide law
1469	1444		1391enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1470	1445		1392 (i) is responding to an individual needing resuscitation or with a life-threatening
1471	1446		1393condition; and
1472	1447		1394 (ii) uses a device or piece of equipment designed or intended for resuscitating an
1473	1448		1395individual or for treating an individual with a life-threatening condition; and
1474	1449		1396 (c) intended and used for purposes of training emergency responders how to improve
1475	1450		1397their response to an emergency situation;
1476	1451		1398 (68) records submitted by or prepared in relation to an applicant seeking a
1477	1452		1399recommendation by the Research and General Counsel Subcommittee, the Budget
1478	1453		1400Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1479	1454		1401employment position with the Legislature;
1480	1455		1402 (69) work papers as defined in Section 31A-2-204;
1481	1456		1403 (70) a record made available to Adult Protective Services or a law enforcement agency
1482	1457		1404under Section 61-1-206;
1483		-	1405 (71) a record submitted to the Insurance Department in accordance with Section Enrolled Copy H.B. 215
1484		-	- 53 -
	1458	+	1405 (71) a record submitted to the Insurance Department in accordance with Section
1485	1459		140631A-37-201;
1486	1460		1407 (72) a record described in Section 31A-37-503;
1487	1461		1408 (73) any record created by the Division of Professional Licensing as a result of
1488	1462		1409Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1489	1463		1410 (74) a record described in Section 72-16-306 that relates to the reporting of an injury
1490	1464		1411involving an amusement ride;
1491	1465		1412 (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
1492	1466		1413on a political petition, or on a request to withdraw a signature from a political petition,
1493	1467		1414including a petition or request described in the following titles:
1494	1468		1415 (a) Title 10, Utah Municipal Code;
1495	1469		1416 (b) Title 17, Counties;
1496	1470		1417 (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
1497	1471		1418 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1498	1472		1419 (e) Title 20A, Election Code;
1499		-	1420 (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
	1473	+	1420 (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1474	+	- 47 -
1500	1475		1421a voter registration record;
1501	1476		1422 (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
1502	1477		1423signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
1503	1478		1424local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1504	1479		1425 (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
1505	1480		14265, Victims Guidelines for Prosecutors Act;
1506	1481		1427 (79) a record submitted to the Insurance Department under Section 31A-48-103;
1507	1482		1428 (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1508	1483		1429prohibited under Section 63G-26-103;
1509	1484		1430 (81) an image taken of an individual during the process of booking the individual into
1510	1485		1431jail, unless:
1511		-	1432 (a) the individual is convicted of a criminal offense based upon the conduct for which H.B. 215
1512		-	Enrolled Copy
1513		-	- 54 -
	1486	+	1432 (a) the individual is convicted of a criminal offense based upon the conduct for which
1514	1487		1433the individual was incarcerated at the time the image was taken;
1515	1488		1434 (b) a law enforcement agency releases or disseminates the image:
1516	1489		1435 (i) after determining that the individual is a fugitive or an imminent threat to an
1517	1490		1436individual or to public safety and releasing or disseminating the image will assist in
1518	1491		1437apprehending the individual or reducing or eliminating the threat; or
1519	1492		1438 (ii) to a potential witness or other individual with direct knowledge of events relevant
1520	1493		1439to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
1521	1494		1440individual in connection with the criminal investigation or criminal proceeding; or
1522	1495		1441 (c) a judge orders the release or dissemination of the image based on a finding that the
1523	1496		1442release or dissemination is in furtherance of a legitimate law enforcement interest;
1524	1497		1443 (82) a record:
1525	1498		1444 (a) concerning an interstate claim to the use of waters in the Colorado River system;
1526	1499		1445 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1527	1500		1446representative from another state or the federal government as provided in Section
1528	1501		144763M-14-205; and
1529	1502		1448 (c) the disclosure of which would:
1530	1503		1449 (i) reveal a legal strategy relating to the state's claim to the use of the water in the
1531	1504		1450Colorado River system;
1532		-	1451 (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
	1505	+	1451 (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to 3rd Sub. (Cherry) H.B. 215 01-20-23 10:04 AM
	1506	+	- 48 -
1533	1507		1452negotiate the best terms and conditions regarding the use of water in the Colorado River
1534	1508		1453system; or
1535	1509		1454 (iii) give an advantage to another state or to the federal government in negotiations
1536	1510		1455regarding the use of water in the Colorado River system;
1537	1511		1456 (83) any part of an application described in Section 63N-16-201 that the Governor's
1538	1512		1457Office of Economic Opportunity determines is nonpublic, confidential information that if
1539	1513		1458disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
1540		-	1459not be used to restrict access to a record evidencing a final contract or approval decision; Enrolled Copy H.B. 215
1541		-	- 55 -
	1514	+	1459not be used to restrict access to a record evidencing a final contract or approval decision;
1542	1515		1460 (84) the following records of a drinking water or wastewater facility:
1543	1516		1461 (a) an engineering or architectural drawing of the drinking water or wastewater facility;
1544	1517		1462and
1545	1518		1463 (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1546	1519		1464drinking water or wastewater facility uses to secure, or prohibit access to, the records described
1547	1520		1465in Subsection (84)(a); [and]
1548	1521		1466 (85) a statement that an employee of a governmental entity provides to the
1549	1522		1467governmental entity as part of the governmental entity's personnel or administrative
1550	1523		1468investigation into potential misconduct involving the employee if the governmental entity:
1551	1524		1469 (a) requires the statement under threat of employment disciplinary action, including
1552	1525		1470possible termination of employment, for the employee's refusal to provide the statement; and
1553	1526		1471 (b) provides the employee assurance that the statement cannot be used against the
1554	1527		1472employee in any criminal proceeding[.]; and
1555	1528		1473 (86) any part of an application for a Utah Fits All Scholarship account described in
1556	1529		1474Section 53F-6-402 or other information identifying a scholarship student as defined in Section
1557	1530		147553F-6-401.
1558	1531		1476 Section 18. Repealer.
1559	1532		1477 This bill repeals:
1560	1533		1478 Section 53F-6-101, Title.
1561	1534		1479 Section 19. Appropriation.
1562	1535		1480 The following sums of money are appropriated for the fiscal year beginning July 1,
1563	1536		14812023, and ending June 30, 2024. These are additions to amounts previously appropriated for
1564		-	1482fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
	1537	+	1482fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures 01-20-23 10:04 AM 3rd Sub. (Cherry) H.B. 215
	1538	+	- 49 -
1565	1539		1483Act, the Legislature appropriates the following sums of money from the funds or accounts
1566	1540		1484indicated for the use and support of the government of the state of Utah.
1567	1541		1485ITEM 1
1568		-	1486To State Board of Education -- Contracted Initiatives and Grants H.B. 215
1569		-	Enrolled Copy
1570		-	- 56 -
	1542	+	1486 To State Board of Education -- Contracted Initiatives and Grants
1571	1543		1487 From Income Tax Fund 42,500,000
1572	1544		1488 From Income Tax Fund, One-time (41,500,000)
1573	1545		1489 Schedule of Programs:
1574	1546		1490 Utah Fits All Scholarship Program 1,000,000
1575	1547		1491 The Legislature intends that in fiscal year 2024, the State Board of Education may
1576	1548		1492provide up to $1,000,000 to a program manager with which the State Board of Education
1577	1549		1493contracts in accordance with Section 53F-6-404 for start-up, marketing, and other costs
1578	1550		1494associated with initiating the Utah Fits All Scholarship Program created in Section 53F-6-402.