02-11 13:22 1st Sub. (Green) S.B. 107
Lincoln Fillmore proposes the following substitute bill:
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Education Scholarship Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor:
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LONG TITLE
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General Description:
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This bill removes income-based criteria from scholarship awards.
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Highlighted Provisions:
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This bill:
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▸ removes income-based criteria from scholarship awards; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53E-7-401, as last amended by Laws of Utah 2024, Chapter 466
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53E-7-402, as last amended by Laws of Utah 2024, Chapter 466
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53E-7-401 is amended to read:
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53E-7-401 . Definitions.
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As used in this part:
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(1) "The Carson Smith Opportunity Scholarship Program" or "program" means the program
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established in Section 53E-7-402.
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(2) "Eligible student" means:
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(a) a student who:
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(i) is:
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(A) eligible to participate in public school, in kindergarten, or grades 1 through 12;
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(B) enrolled in a qualifying school as defined in Subsection (11);
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(C) a home-based scholarship student as defined in Subsection (6); or
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(D) at least three years old before September 2 of the year the scholarship is
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awarded;
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(ii) is a resident of the state;
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(iii) has a qualified disability identified under 20 U.S.C. Sec. 140(3) as determined by:
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(A) having an IEP within the previous three years; or
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(B) a multidisciplinary team evaluation described in Subsection (7); and
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(iv) during the school year for which the student is applying for the scholarship, is
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not:
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(A) a student who receives a scholarship under the Carson Smith Scholarship
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Program created in Section 53F-4-302; or
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(B) enrolled as a public school student; or
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(b) a student who:
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(i) meets the requirement of Subsections (2)(a)(i) and (ii); and
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(ii) is a sibling of and resides in the same household as a student described in
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Subsection (2)(a) if:
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(A) the student described in Subsection (2)(a) is a scholarship student and has
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verified enrollment or intent to enroll at a qualifying school or participate in
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services provided by a qualifying provider; and
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(B) the sibling is applying for a scholarship to attend the same qualifying school
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or participate in the same services provided by a qualifying provider.
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(3)(a) "Employee" means an individual working in a position in which the individual's
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salary, wages, pay, or compensation, including as a contractor, is paid from:
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(i) program donations to a scholarship granting organization; or
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(ii) scholarship money allocated to a qualifying school or qualifying provider by a
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scholarship granting organization under Section 53E-7-405.
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(b) "Employee" does not include an individual who volunteers at the scholarship
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granting organization, qualifying school, or qualifying provider.
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[(4) "Family income" means the annual income of the parent, parents, legal guardian,
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or legal guardians with whom a scholarship student lives.]
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[(5) "Federal poverty level" means the poverty level as defined by the most recently revised
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poverty income guidelines published by the United States Department of Health and
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Human Services in the Federal Register.]
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[(6)] (4) "Home-based scholarship student" means a student who:
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(a) is eligible to participate in public school, in kindergarten or grades 1 through 12;
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(b) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to
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attend a home school; and
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(c) receives a benefit from a scholarship under the program.
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[(7)] (5) "Multidisciplinary evaluation team" means two or more individuals:
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(a) who are qualified in two or more separate disciplines or professions; and
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(b) who evaluate a child.
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[(8)] (6) "Officer" means:
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(a) a member of the board of a scholarship granting organization, qualifying school, or
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qualifying provider; or
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(b) the chief administrative officer of a scholarship granting organization , qualifying
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school, or qualifying provider.
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[(9)] (7) "Program donation" means a donation to the program under Section 53E-7-405.
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[(10)] (8) "Qualifying provider" means:
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(a) an entity that:
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(i) is not a public school and is autonomous and not an agent of the state, in
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accordance with Section 53E-7-406; and
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(ii) meets the requirement described in Section 53E-7-403; and
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(b) is an eligible service provider approved by the scholarship granting organization in
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accordance with Section 53E-7-408.5.
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[(11)] (9) "Qualifying school" means a private school that:
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(a) provides kindergarten, elementary, or secondary education;
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(b) is approved by the state board under Section 53E-7-408; and
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(c) meets the requirements described in Section 53E-7-403.
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[(12)] (10) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
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uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
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sister-in-law, son-in-law, or daughter-in-law.
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[(13)] (11) "Scholarship" means a grant awarded to an eligible student:
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(a) by a scholarship granting organization out of program donations; and
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(b) for the purpose of paying for a scholarship expense.
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[(14)] (12) "Scholarship expense" means an expense that a parent or eligible student incurs
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in the education of the eligible student for goods or a service that a qualifying school or
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qualifying provider provides or facilitates, including:
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(a) published tuition and fees of a qualifying school or qualifying provider;
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(b) fees and instructional materials at a technical college;
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(c) tutoring services;
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(d) fees for after-school or summer education programs;
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(e) textbooks, curricula, or other instructional materials, including any supplemental
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materials or associated online instruction that a curriculum, qualifying provider, or a
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qualifying school recommends;
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(f) educational software and applications;
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(g) supplies or other equipment related to an eligible student's educational needs;
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(h) computer hardware or other technological devices that are intended primarily for an
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eligible student's educational needs;
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(i) fees for the following examinations, or for a preparation course for the following
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examinations, that the scholarship granting organization approves:
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(i) a national norm-referenced or standardized assessment described in Section
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53F-6-410, an advanced placement examination, or another similar assessment;
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(ii) a state-recognized industry certification examination; and
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(iii) an examination related to college or university admission;
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(j) educational services for students with disabilities from a licensed or accredited
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practitioner or provider, including occupational, behavioral, physical, audiology, or
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speech-language therapies;
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(k) contracted services that the scholarship granting organization approves and that an
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LEA provides, including individual classes, after-school tutoring services,
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transportation, or fees or costs associated with participation in extracurricular
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activities;
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(l) ride fees or fares for a fee-for-service transportation provider to transport the eligible
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student to and from a qualifying school or qualifying provider, not to exceed $750 in
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a given school year;
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(m) expenses related to extracurricular activities, field trips, educational supplements,
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and other educational experiences; or
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(n) the scholarship granting organization approves in accordance with Subsection
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53E-7-405(3).
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[(15)] (13) "Scholarship granting organization" means an organization that is:
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(a) qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
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(b) recognized through an agreement with the state board as a scholarship granting
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organization, as described in Section 53E-7-404.
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[(16)] (14) "Scholarship student" means an eligible student, including a home-based
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scholarship student, who receives a scholarship under this part.
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[(17)] (15) "Value of the weighted pupil unit" means the amount established each year in the
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enacted public education budget that is multiplied by the number of weighted pupil units
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to yield the funding level for the basic state-supported school program.
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Section 2. Section 53E-7-402 is amended to read:
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53E-7-402 . Carson Smith Opportunity Scholarship Program.
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(1) There is established the Carson Smith Opportunity Scholarship Program under which a
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parent may apply to a scholarship granting organization on behalf of the parent's student
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for a scholarship to help cover the cost of a scholarship expense.
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(2)(a) A scholarship granting organization shall award, in accordance with this part,
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scholarships to eligible students.
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(b) In awarding scholarships, a scholarship granting organization shall give priority to an
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eligible student described in Subsection 53E-7-401(1)(a) by:
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(i) establishing an August 10 deadline for an eligible student described in Subsection
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53E-7-401(1)(b) to apply for a scholarship; and
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(ii) awarding a scholarship to an eligible student described in Subsection
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53E-7-401(2)(b) only if funds exist after awarding scholarships to all eligible
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students described in Subsection 53E-7-401(2)(a) who have applied and qualify.
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(c) Subject to available funds, a scholarship awarded to an eligible student described in
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Subsection 53E-7-401(2)(b) shall be for a similar term as a scholarship awarded to
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the eligible student's sibling.
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(3) A scholarship granting organization shall determine a full-year scholarship award to pay
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for the cost of one or more scholarship expenses in an amount not more than:
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(a) for an eligible student described in Subsection 53E-7-401(2)(a) who is:
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(i) in kindergarten through grade 12, [and whose family income is:]
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[(A) at or below 185% of the federal poverty level, ]the value of the weighted
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pupil unit multiplied by 2.5; and
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[(B) except as provided in Subsection (3)(a)(i)(C), above 185% of the federal
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poverty level, the value of the weighted pupil unit multiplied by two; or]
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[(C) above 185% of the federal poverty level and the eligible student would have
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received an average of 180 minutes per day or more of special education
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services in a public school before transferring to a private school, the value of
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the weighted pupil unit multiplied by 2.5; or]
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(ii) in preschool, the value of the weighted pupil unit; or
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(b) for an eligible student described in Subsection 53E-7-401(2)(b), half the value of the
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weighted pupil unit.
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(4) Eligibility for a scholarship as determined by a multidisciplinary evaluation team under
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this program does not establish eligibility for an IEP under the Individuals with
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Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not
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binding on any LEA that is required to provide an IEP under the Individuals with
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Disabilities Education Act.
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(5) The scholarship granting organizations shall prepare and disseminate information on the
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program to a parent applying for a scholarship on behalf of a student.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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