53A-1a-706 - Scholarship payments.
53A-1a-706. Scholarship payments.
(1) (a) Scholarships shall be awarded by the board subject to the availability of moneyappropriated by the Legislature for that purpose.
(b) The Legislature shall annually appropriate money to the board from the General Fundto make scholarship payments.
(c) (i) If monies are not available to pay for all scholarships requested, the scholarshipsshall be allocated on a random basis except that preference shall be given to students whoreceived scholarships in the previous school year.
(ii) If monies are insufficient in a school year to pay for all the continuing scholarships,new scholarships may not be awarded during that school year and the monies available forscholarships shall be prorated among the eligible students who received scholarships in theprevious year.
(2) Full-year scholarships shall be awarded in the following amounts:
(a) for a student who received an average of 180 minutes per day or more of specialeducation services in a public school before transferring to a private school, an amount not toexceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 2.5; or
(ii) the private school tuition and fees; and
(b) for a student who received an average of less than 180 minutes per day of specialeducation services in a public school before transferring to a private school, an amount not toexceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 1.5; or
(ii) the private school tuition and fees.
(3) The scholarship amount for a student enrolled in a half-day kindergarten programshall be the amount specified in Subsection (2)(a) or (b) multiplied by .55.
(4) (a) The scholarship amount for a student who receives a waiver under Subsection53A-1a-704(3) shall be based upon the assessment team's determination of the appropriate levelof special education services to be provided to the student.
(b) (i) If the student requires an average of 180 minutes per day or more of specialeducation services, a full-year scholarship shall be equal to the amount specified in Subsection(2)(a).
(ii) If the student requires less than an average of 180 minutes per day of specialeducation services, a full-year scholarship shall be equal to the amount specified in Subsection(2)(b).
(iii) If the student is enrolled in a half-day kindergarten program, a full-year scholarshipis equal to the amount specified in Subsection (3).
(5) (a) Except as provided in Subsection (5)(b), upon review and receipt ofdocumentation that verifies a student's admission to, or continuing enrollment and attendance at,a private school, the board shall make scholarship payments in four equal amounts no later thanSeptember 1, November 1, February 1, and April 15 of each school year in which a scholarship isin force.
(b) In accordance with board rule, the board may make a scholarship payment before thefirst quarterly payment of the school year, if a private school requires partial payment of tuitionbefore the start of the school year to reserve space for a student admitted to the school.
(6) A parent of a scholarship student shall notify the board if the student does not have
continuing enrollment and attendance at an eligible private school.
(7) Before scholarship payments are made, the board shall cross-check enrollment lists ofscholarship students, school districts, and youth in custody to ensure that scholarship paymentsare not erroneously made.
(8) (a) Scholarship payments shall be made by the board by individual warrant madepayable to the student's parent and mailed by the board to the private school. The parent shallrestrictively endorse the warrant to the private school for deposit into the account of the privateschool.
(b) A person, on behalf of a private school, may not accept a power of attorney from aparent to sign a warrant referred to in Subsection (8)(a), and a parent of a scholarship studentmay not give a power of attorney designating a person, on behalf of a private school, as theparent's attorney-in-fact.
(9) (a) Scholarships shall be retroactively awarded to students with disabilities forattendance at a private school in the 2004-05 school year, if:
(i) the student meets the qualifications for a scholarship under Section 53A-1a-704 and isawarded a scholarship under this section; and
(ii) the private school meets the eligibility requirements of Section 53A-1a-705,including submitting an application to enroll scholarship students in the 2005-06 school year.
(b) Subsection (5) does not apply to retroactive scholarship payments.
Enacted by Chapter 35, 2005 General Session