Education Definition Amendments

30
53E-1-102
53E-7-401
53E-7-405
53E-7-406
53F-4-501
53F-4-502
53F-6-401
53F-6-412
53G-6-204
53G-6-702
53G-6-703
53G-6-706
53G-6-710
0
Education Definition Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor:
LONG TITLE
General Description:
This bill clarifies the distinction between home-based students and home school students.
Highlighted Provisions:
This bill:
creates definitions for "home-based student" and "home school student";
amends provisions to ensure correct terminology usage; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-102
, as last amended by Laws of Utah 2025, Chapter 343
53E-7-401
, as last amended by Laws of Utah 2024, Chapter 466
53E-7-405
, as last amended by Laws of Utah 2024, Chapter 466
53E-7-406
, as last amended by Laws of Utah 2024, Chapter 466
53F-4-501
, as last amended by Laws of Utah 2025, Chapter 541
53F-4-502
, as last amended by Laws of Utah 2024, Chapter 24
53F-6-401
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
53F-6-412
, as last amended by Laws of Utah 2025, Chapter 25
53G-6-204
, as last amended by Laws of Utah 2025, Chapters 173, 284 and 370
53G-6-702
, as last amended by Laws of Utah 2020, Chapter 408
53G-6-703
, as last amended by Laws of Utah 2023, Chapter 340
53G-6-706
, as last amended by Laws of Utah 2024, Chapter 464
53G-6-710
, as enacted by Laws of Utah 2023, Chapter 60
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-102
is amended to read:
53E-1-102
. Public education code definitions.
Unless otherwise indicated, as used in this title,
Title 53F, Public Education System --
Funding
, and
Title 53G, Public Education System -- Local Administration
:
(1)
"Bullying" means the same as that term is defined in Section
53G-9-601
.
(2)
"Charter agreement" means an agreement made in accordance with Section
53G-5-303

that authorizes the operation of a charter school.
(3)
"Charter school governing board" means the board that governs a charter school.
(4)
"District school" means a public school under the control of a local school board.
(5)
"Home-based student" means a school-age student who:
(a)
receives instruction outside of a public school;
(b)
is not enrolled full-time in a public school; and
(c)
receives, directly or indirectly, public funds to pay for all or part of the student's
educational expenses, including:
(i)
scholarship programs under:
(A)
Title 53E, Chapter 7, Part 4, Carson Smith Opportunity Scholarship;
(B)
Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program; or
(C)
Title 53F, Chapter 6, Part 5, Utah Private Course Choice Empowerment;
(ii)
public school extension programs;
(iii)
publicly funded online, hybrid, or service-based instruction including instruction
provided under:
(A)
Title 53F, Chapter 4, Part 5, Statewide Online Education Program; or
(B)
Title 53F, Chapter 6, Part 5, Utah Private Course Choice Empowerment; or
(iv)
any other program using public taxpayer dollars for educational services or
materials.
(6)
(a)
"Home school" means an instructional setting in which a school-age child receives
education as described in Section
53G-6-204
, where:
(i)
the child's parent or legal guardian is solely responsible for:
(A)
curriculum selection;
(B)
instructional delivery; and
(C)
evaluation of learning; and
(ii)
no public taxpayer funding is used for educational services, materials, or
instruction.
(b)
"Home school" includes a home-based microschool, as that term is defined in
Section
53G-6-201
, and other cooperative educational arrangements, if the
home-based microschool or other cooperative educational arrangements meet the
requirements of this subsection.
(7)
"Home school student" means a school-age student who:
(a)
is excused from enrollment in a public school under Section
53G-6-204
; and
(b)
receives instruction through a home school.
(5)
(8)
"Individualized education program" or "IEP" means a written statement for a
student with a disability that is developed, reviewed, and revised in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(6)
(9)
"LEA governing board" means:
(a)
for a school district, the local school board;
(b)
for a charter school, the charter school governing board; or
(c)
for the Utah Schools for the Deaf and the Blind, the state board.
(7)
(10)
"Local education agency" or "LEA" means:
(a)
a school district;
(b)
a charter school; or
(c)
the Utah Schools for the Deaf and the Blind.
(8)
(11)
"Local school board" means a board elected under
Title 20A, Chapter 14, Part 2,
Election of Members of Local Boards of Education
.
(9)
(12)
"Minimum School Program" means the same as that term is defined in Section
53F-2-102
.
(10)
(13)
"Parent" means a parent or legal guardian.
(11)
(14)
"Public education code" means:
(a)
this title;
(b)
Title 53F, Public Education System -- Funding
; and
(c)
Title 53G, Public Education System -- Local Administration
.
(12)
(15)
"Section 504 accommodation plan" means a plan developed in accordance with
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
with a disability, to meet the student's educational needs and ensure equitable access to a
free appropriate public education.
(13)
(16)
"School nurse" means a registered nurse:
(a)
who holds:
(i)
a license under
Title 58, Chapter 31b, Nurse Practice Act
; or
(ii)
a multistate license as that term is defined in Section
58-31e-102
; and
(b)
whose primary role is the care of a defined group of students enrolled in the public
school system.
(14)
(17)
"State board" means the State Board of Education.
(15)
(18)
"State superintendent" means the state superintendent of public instruction
appointed under Section
53E-3-301
.
Section 2. Section
53E-7-401
is amended to read:
53E-7-401
. Definitions.
As used in this part:
(1)
"The Carson Smith Opportunity Scholarship Program" or "program" means the program
established in Section
53E-7-402
.
(2)
"Eligible student" means:
(a)
a student who:
(i)
is:
(A)
eligible to participate in public school, in kindergarten, or grades 1 through 12;
(B)
enrolled in a qualifying school as defined in Subsection
(11)
;
(C)
a home-based scholarship student as defined in Subsection
(6)
; or
(D)
at least three years old before September 2 of the year the scholarship is
awarded;
(ii)
is a resident of the state;
(iii)
has a qualified disability identified under 20 U.S.C. Sec. 140(3) as determined by:
(A)
having an IEP within the previous three years; or
(B)
a multidisciplinary team evaluation described in Subsection
(7)
; and
(iv)
during the school year for which the student is applying for the scholarship, is
not:
(A)
a student who receives a scholarship under the Carson Smith Scholarship
Program created in Section
53F-4-302
; or
(B)
enrolled as a public school student; or
(b)
a student who:
(i)
meets the requirement of Subsections
(2)(a)(i)
and
(ii)
; and
(ii)
is a sibling of and resides in the same household as a student described in
Subsection
(2)(a)
if:
(A)
the student described in Subsection
(2)(a)
is a scholarship student and has
verified enrollment or intent to enroll at a qualifying school or participate in
services provided by a qualifying provider; and
(B)
the sibling is applying for a scholarship to attend the same qualifying school
or participate in the same services provided by a qualifying provider.
(3)
(a)
"Employee" means an individual working in a position in which the individual's
salary, wages, pay, or compensation, including as a contractor, is paid from:
(i)
program donations to a scholarship granting organization; or
(ii)
scholarship money allocated to a qualifying school or qualifying provider by a
scholarship granting organization under Section
53E-7-405
.
(b)
"Employee" does not include an individual who volunteers at the scholarship
granting organization, qualifying school, or qualifying provider.
(4)
"Family income" means the annual income of the parent, parents, legal guardian, or
legal guardians with whom a scholarship student lives.
(5)
"Federal poverty level" means the poverty level as defined by the most recently revised
poverty income guidelines published by the United States Department of Health and
Human Services in the Federal Register.
(6)
"Home-based scholarship student" means a student who:
(a)
is eligible to participate in public school, in kindergarten or grades 1 through 12;
(b)
(a)
is excused from enrollment in an LEA in accordance with Section
53G-6-204
to
attend a home school
is a home-based student as defined in Section
53E-1-102
; and
(c)
(b)
receives a benefit from a scholarship under the program.
(7)
"Multidisciplinary evaluation team" means two or more individuals:
(a)
who are qualified in two or more separate disciplines or professions; and
(b)
who evaluate a child.
(8)
"Officer" means:
(a)
a member of the board of a scholarship granting organization, qualifying school, or
qualifying provider; or
(b)
the chief administrative officer of a scholarship granting organization

, qualifying
school, or qualifying provider.
(9)
"Program donation" means a donation to the program under Section
53E-7-405
.
(10)
"Qualifying provider" means:
(a)
an entity that:
(i)
is not a public school and is autonomous and not an agent of the state, in
accordance with Section
53E-7-406
; and
(ii)
meets the requirement described in Section
53E-7-403
; and
(b)
is an eligible service provider approved by the scholarship granting organization in
accordance with Section
53E-7-408.5
.
(11)
"Qualifying school" means a private school that:
(a)
provides kindergarten, elementary, or secondary education;
(b)
is approved by the state board under Section
53E-7-408
; and
(c)
meets the requirements described in Section
53E-7-403
.
(12)
"Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,
aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, or daughter-in-law.
(13)
"Scholarship" means a grant awarded to an eligible student:
(a)
by a scholarship granting organization out of program donations; and
(b)
for the purpose of paying for a scholarship expense.
(14)
"Scholarship expense" means an expense that a parent or eligible student incurs in the
education of the eligible student for goods or a service that a qualifying school or
qualifying provider provides or facilitates, including:
(a)
published tuition and fees of a qualifying school or qualifying provider;
(b)
fees and instructional materials at a technical college;
(c)
tutoring services;
(d)
fees for after-school or summer education programs;
(e)
textbooks, curricula, or other instructional materials, including any supplemental
materials or associated online instruction that a curriculum, qualifying provider, or a
qualifying school recommends;
(f)
educational software and applications;
(g)
supplies or other equipment related to an eligible student's educational needs;
(h)
computer hardware or other technological devices that are intended primarily for an
eligible student's educational needs;
(i)
fees for the following examinations, or for a preparation course for the following
examinations, that the scholarship granting organization approves:
(i)
a national norm-referenced or standardized assessment described in Section
53F-6-410
, an advanced placement examination, or another similar assessment;
(ii)
a state-recognized industry certification examination; and
(iii)
an examination related to college or university admission;
(j)
educational services for students with disabilities from a licensed or accredited
practitioner or provider, including occupational, behavioral, physical, audiology, or
speech-language therapies;
(k)
contracted services that the scholarship granting organization approves and that an
LEA provides, including individual classes, after-school tutoring services,
transportation, or fees or costs associated with participation in extracurricular
activities;
(l)
ride fees or fares for a fee-for-service transportation provider to transport the eligible
student to and from a qualifying school or qualifying provider, not to exceed $750 in
a given school year;
(m)
expenses related to extracurricular activities, field trips, educational supplements,
and other educational experiences; or
(n)
the scholarship granting organization approves in accordance with Subsection
53E-7-405
(3).
(15)
"Scholarship granting organization" means an organization that is:
(a)
qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b)
recognized through an agreement with the state board as a scholarship granting
organization, as described in Section
53E-7-404
.
(16)
"Scholarship student" means an eligible student, including a home-based scholarship
student, who receives a scholarship under this part.
(17)
"Value of the weighted pupil unit" means the amount established each year in the
enacted public education budget that is multiplied by the number of weighted pupil units
to yield the funding level for the basic state-supported school program.
Section 3. Section
53E-7-405
is amended to read:
53E-7-405
. Program donations -- Scholarship granting organization
requirements -- Legislative appropriations.
(1)
A person that makes a donation to a scholarship granting organization to help fund
scholarships through the program may be eligible to receive a nonrefundable tax credit
as described in Sections
59-7-625
and
59-10-1041
.
(2)
In accordance with Section
53E-7-404
, an organization may enter into an agreement
with the state board to be a scholarship granting organization.
(3)
A scholarship granting organization shall:
(a)
accept program donations and allow a person that makes a program donation to
designate a qualifying school or qualifying provider to which the donation shall be
directed for scholarships;
(b)
adopt an application process in accordance with Subsection
(5)
;
(c)
review scholarship applications and determine scholarship awards;
(d)
allocate scholarship money to a scholarship student's parent or, on the parent's
behalf, to a qualifying school or qualifying provider in which the scholarship student
is enrolled or participates;
(e)
adopt a process, with state board approval, that allows a parent to use a scholarship to
pay for a nontuition scholarship expense for the scholarship student;
(f)
ensure that during the state fiscal year:
(i)
at least 92% of the scholarship granting organization's revenue from program
donations and other funding sources are spent on scholarships;
(ii)
up to 5% of the scholarship granting organization's revenue from program
donations and other funding sources are spent on administration of the program;
(iii)
up to 3% of the scholarship granting organization's revenue from program
donations and other funding sources are spent on marketing and fundraising costs;
and
(iv)
all revenue from interest or investments is spent on scholarships;
(g)
carry forward no more than 60% of the scholarship granting organization's funds,
less funds for a scholarship that has been awarded, and funds expended for
administration and marketing, from the state fiscal year in which the scholarship
granting organization received the funds to the following state fiscal year;
(h)
at the end of a state fiscal year, remit to the state treasurer donation amounts greater
than the amount described in Subsection
(3)(g)
;
(i)
prohibit a scholarship granting organization employee or officer from handling,
managing, or processing program donations or other funds, if, based on a criminal
background check conducted by the state board in accordance with Section
53E-7-404
,
the state board identifies the employee or officer as posing a risk to the appropriate
use of program donations or other funds;
(j)
ensure that a scholarship can be transferred during the school year to a different
qualifying school or qualifying provider that accepts the scholarship student;
(k)
report to the state board on or before November 1 of each year the following
information, prepared by a certified public accountant:
(i)
the name and address of the scholarship granting organization;
(ii)
the total number and total dollar amount of program donations and other funding
sources that the scholarship granting organization received during the previous
calendar year;
(iii)
(A)
the total number and total dollar amount of scholarships the scholarship
granting organization awarded during the previous state fiscal year to eligible
students described in Subsection
53E-7-401(2)(a)
; and
(B)
the total number and total dollar amount of scholarships the scholarship
granting organization awarded during the previous state fiscal year to eligible
students described in Subsection
53E-7-401(2)(b)
; and
(iv)
the percentage of first-time scholarship recipients who were enrolled in a public
school during the previous school year or who entered kindergarten or a higher
grade for the first time in Utah;
(l)
issue tax credit certificates as described in Section
53E-7-407
; and
(m)
(i)
require a parent to notify a scholarship granting organization if the parent's
scholarship recipient:
(A)
receives scholarship money for tuition expenses; and
(B)
does not have continuing enrollment and attendance at a qualifying school; or
(ii)
has transitioned to be a
home-based
home school
student
as defined in Section
53E-1-102
.
(4)
The state treasurer shall deposit the money described in Subsection
(3)(h)
into the
Income Tax Fund.
(5)
(a)
An application for a scholarship shall contain an acknowledgment by the
applicant's parent that the qualifying school or qualifying provider selected by the
parent for the applicant to attend or participate in using a scholarship is capable of
providing the level of disability services required for the student.
(b)
A scholarship application form shall contain the following statement:
"I acknowledge that:
(1) A private school may not provide the same level of disability services that are provided
in a public school;
(2) I will assume full financial responsibility for the education of my scholarship recipient
if I accept this scholarship;
(3) Acceptance of this scholarship has the same effect as a parental refusal to consent to
services as described in 24 C.F.R. Sec. 300.300, issued under the Individuals with Disabilities
Education Act, 20 U.S.C. Sec. 1400 et seq.; and
(4) My child may return to a public school at any time."
(c)
Upon acceptance of a scholarship, the parent assumes full financial responsibility for
the education of the scholarship recipient.
(d)
Acceptance of a scholarship has the same effect as a parental refusal to consent to
services as described in 24 C.F.R. Sec. 300.300, issued under the Individuals with
Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(e)
The creation of the program or granting of a scholarship does not:
(i)
imply that a public school did not provide a free and appropriate public education
for a student; or
(ii)
constitute a waiver or admission by the state.
(6)
A scholarship granting organization shall demonstrate the scholarship granting
organization's financial accountability by annually submitting to the state board a
financial information report that:
(a)
complies with the uniform financial accounting standards described in Section
53E-7-404
; and
(b)
is prepared by a certified public accountant.
(7)
(a)
If a scholarship granting organization allocates $500,000 or more in scholarships
annually through the program, the scholarship granting organization shall:
(i)
contract for an annual audit, conducted by a certified public accountant who is
independent from:
(A)
the scholarship granting organization; and
(B)
the scholarship granting organization's accounts and records pertaining to
program donations and other funding sources; and
(ii)
in accordance with Subsection
(7)(b)
, report the results of the audit to the state
board for review.
(b)
For the report described in Subsection
(7)(a)(ii)
, the scholarship granting
organization shall:
(i)
include the scholarship granting organization's financial statements in a format
that meets generally accepted accounting standards; and
(ii)
submit the report to the state board no later than November 1.
(c)
The certified public accountant shall conduct an audit described in Subsection
(7)(a)(i)
in accordance with generally accepted auditing standards and rules made by
the state board.
(d)
(i)
The state board shall review a report submitted under this section and may
request that the scholarship granting organization revise or supplement the report
if the report is not in compliance with the provisions of this Subsection
(7)
or rules
adopted by the state board.
(ii)
A scholarship granting organization shall provide a revised report or supplement
to the report no later than 45 days after the day on which the state board makes a
request described in Subsection
(7)(d)(i)
.
(8)
(a)
A scholarship granting organization may not allocate scholarship money to a
qualifying school or qualifying provider if:
(i)
the scholarship granting organization determines that the qualifying school or
qualifying provider intentionally or substantially misrepresented information on
overpayment;
(ii)
the qualifying school or qualifying provider fails to refund an overpayment in a
timely manner; or
(iii)
the qualifying school or qualifying provider routinely fails to provide scholarship
recipients with promised educational goods or services.
(b)
A scholarship granting organization shall notify a scholarship recipient if the
scholarship granting organization stops allocation of the recipient's scholarship
money to a qualifying school or qualifying provider under Subsection
(8)(a)
.
(9)
If a scholarship recipient transfers to another qualifying school or qualifying provider
during the school year, the scholarship granting organization may prorate scholarship
money between the qualifying schools or qualifying providers according to the time the
scholarship recipient spends at each school or each provider.
(10)
A scholarship granting organization may not:
(a)
award a scholarship to a relative of the scholarship granting organization's officer; or
(b)
allocate scholarship money to a qualifying school or qualifying provider at which the
scholarship recipient has a relative who is an officer or an administrator of the
qualifying school or qualifying provider.
(11)
The Legislature may appropriate funds to the board to be distributed in an equal
amount to each scholarship granting organization for the same purposes program
donations are used.
Section 4. Section
53E-7-406
is amended to read:
53E-7-406
. Qualifying school or qualifying provider regulatory autonomy --
Home school autonomy -- Student records -- Scholarship student status.
(1)
Nothing in this part:
(a)
except as expressly described in this part, grants additional authority to any state
agency or LEA to regulate or control:
(i)
a qualifying school, qualifying provider, or home school
as defined in Section
53E-1-102
; or
(ii)
students receiving education from a qualifying school, qualifying provider, or
home school
as defined in Section
53E-1-102
;
(b)
applies to or otherwise affects the freedom of choice of
an out-of-program
a
home
school student,
as defined in Section
53E-1-102
including the curriculum, resources,
developmental planning, or any other aspect of the
out-of-program
home school
student's education; or
(c)
expands the regulatory authority of the state, a state office holder, or an LEA to
impose any additional regulation of a qualifying school or qualifying provider
beyond any regulation necessary to administer this part.
(2)
A qualifying school or qualifying provider:
(a)
has a right to maximum freedom from unlawful governmental control in providing
for the educational needs of a scholarship student who attends or engages with the
qualifying school or qualifying provider; and
(b)
is not an agent of the state by virtue of the provider's acceptance of payment from a
scholarship account in accordance with this part.
(3)
Except as provided in Section
53E-7-403
regarding qualifying schools or qualifying
providers, Section
53E-7-408
regarding eligible schools, or Section
53E-7-408.5

regarding eligible service providers, a scholarship granting organization may not require
a qualifying provider to alter the qualifying provider's creed, practices, admissions
policies, hiring practices, or curricula in order to accept scholarship funds.
(4)
An LEA or a school in an LEA in which a scholarship student was previously enrolled
shall provide to the scholarship student's parent a copy of all school records relating to
the student that the LEA possesses within 30 days after the day on which the LEA or
school receives the parent's request for the student's records, subject to:
(a)
Title 53E, Chapter 9, Student Privacy and Data Protection; and
(b)
Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
(5)
By virtue of a scholarship student's involvement in the program and unless otherwise
expressly provided in statute, a scholarship student is not:
(a)
enrolled in the public education system; or
(b)
otherwise subject to statute, administrative rules, or other state regulations as if the
student was enrolled in the public education system.
Section 5. Section
53F-4-501
is amended to read:
53F-4-501
. Definitions.
As used in this part:
(1)
"Authorized online course provider" means the entities listed in Subsection
53F-4-504
(1).
(2)
(a)
"Certified online course provider" means a provider that the state board approves
to offer courses through the Statewide Online Education Program.
(b)
"Certified online course provider" does not include an entity described in
Subsections
53F-4-504
(1)(a) through (c).
(3)
"Credit" means credit for a high school course, or the equivalent for a middle school
course, as determined by the state board.
(4)
"Eligible student" means a student who:
(a)
intends to take a course for middle school or high school credit; and
(b)
is:
(i)
enrolled in an LEA in Utah; or
(ii)
a home-based student
in accordance with Section
53G-6-204
as defined in
Section
53E-1-102
, whose custodial parent is a resident of Utah.
(5)
"High school" means grade 9, 10, 11, or 12.
(6)
"Middle school" means, only for purposes of student eligibility to participate in the
Statewide Online Education Program, grade 6, 7, or 8.
(7)
"Online course" means a course of instruction offered by the Statewide Online
Education Program through the use of digital technology, regardless of whether the
student participates in the course at home, at school, at another location, or any
combination of these.
(8)
"Plan for college and career readiness" means the same as that term is defined in Section
53E-2-304
.
(9)
"Primary LEA of enrollment" or "primary LEA" means the LEA in which an eligible
student is enrolled for courses other than online courses offered through the Statewide
Online Education Program.
(10)
"Released-time" means a period of time during the regular school day a student is
excused from school at the request of the student's parent pursuant to rules of the state
board.
Section 6. Section
53F-4-502
is amended to read:
53F-4-502
. Statewide Online Education Program created -- Designated as
program of the public education system -- Purposes.
(1)
The Statewide Online Education Program is created to enable an eligible student to,
through the completion of publicly funded online courses:
(a)
earn college credit by July 1, 2025;
(b)
earn high school graduation credit; or
(c)
earn middle school credit.
(2)
Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online Education
Program is designated as a program of the public education system.
(3)
The purposes of the Statewide Online Education Program are to:
(a)
provide a student with access to online learning options regardless of where the
student attends school, whether a public, private, or home school
as defined in
Section
53E-1-102
, or a home-based student
;
(b)
provide digital learning options for a student regardless of language, residence,
family income, or special needs;
(c)
provide online learning options to allow a student to acquire the knowledge and
technology skills necessary in a digital world;
(d)
utilize the power and scalability of technology to customize education so that a
student may learn in the student's own style preference and at the student's own pace;
(e)
utilize technology to remove the constraints of traditional classroom learning,
allowing a student to access learning virtually at any time and in any place and giving
the student the flexibility to take advantage of the student's peak learning time;
(f)
provide personalized learning, where a student can spend as little or as much time as
the student needs to master the material;
(g)
provide greater access to self-paced programs enabling a high achieving student to
accelerate academically, while a struggling student may have additional time and
help to gain competency;
(h)
allow a student to customize the student's schedule to better meet the student's
academic goals;
(i)
provide quality learning options to better prepare a student for post-secondary
education, vocational training, or career opportunities; and
(j)
allow a student to have an individualized educational experience.
(4)
The program name, "Statewide Online Education Program," shall be used in the
dissemination of information on the program.
Section 7. Section
53F-6-401
is amended to read:
53F-6-401
. Definitions.
As used in this part:
(1)
"Contract administrator" means the state board's appointed Deputy Superintendent of
Operations that ensures the program manager or financial administrator meets
contractual obligations.
(2)
"Contract oversight and compliance" means the oversight and coordination functions
performed by the Department of Operations contract administrator, including:
(a)
establishing and maintaining program standards within a contract with a program
manager or financial administrator;
(b)
determining operational requirements and structures;
(c)
procuring and managing contracts for program services and standards;
(d)
ensuring program integrity through direct or contracted oversight;
(e)
coordinating program functions and contracted services with a program manager or
financial administrator; and
(f)
maintaining appropriate separation between government oversight and independent
program operations.
(3)
"Contracted entity" means:
(a)
an organization that:
(i)
contracts with the state board under Section
53F-6-404
to perform duties and
functions necessary for program administration and operations;
(ii)
is not affiliated with any international organization;
(iii)
does not harvest data for the purpose of reproducing or distributing the data to
other entities;
(iv)
is not involved in guiding or directing any curriculum or curriculum standards;
and
(v)
performs the specific duties and functions assigned in the contract with the state
board.
(b)
"Contracted entity" includes:
(i)
the program manager, unless the program manager is the Department of
Operations for any duration of time;
(ii)
the financial administrator; and
(iii)
any other entity contracted to perform program functions under Section
53F-6-404
.
(c)
"Contracted entity" does not include:
(i)
a qualifying provider;
(ii)
an eligible school; or
(iii)
an eligible service provider.
(4)
(a)
"Contracted entity employee" means an individual working for an entity
contracted under Section
53F-6-404
in a position in which the individual's salary,
wages, pay, or compensation, including as a contractor, is paid from scholarship
funds.
(b)
"Contracted entity employee" does not include:
(i)
an individual who volunteers for a contracted entity or for a qualifying provider;
(ii)
an individual who works for a qualifying provider; or
(iii)
a qualifying provider.
(5)
"Contracted entity officer" means:
(a)
a member of the board of a contracted entity; or
(b)
the chief administrative officer of a contracted entity.
(6)
"Department of Operations" means the section of the state board that oversees financial
operations, procurement operations, data and statistics operations, school land trust, and
information technology operations for the state board.
(7)
(a)
"Educational supplements" means:
(i)
materials, tools, and equipment that:
(A)
are directly related to and necessary for subjects aligned with the core
standards the state board establishes pursuant to Section
53E-4-202
;
(B)
are used for specific learning objectives or competencies;
(C)
support structured learning activities or lessons; and
(D)
are consumable or non-reusable in nature;
(ii)
supplemental learning materials that:
(A)
directly support or enhance the delivery of instruction in core academic
subjects;
(B)
are tied to specific educational goals or outcomes; and
(C)
are not primarily for entertainment or general enrichment purposes;
(iii)
arts and music education materials that:
(A)
align with state core standards; and
(B)
are used in structured arts or music instruction; and
(iv)
other educational materials that the program manager determines are:
(A)
necessary for meeting specific learning objectives;
(B)
appropriate for the student's age or grade level; and
(C)
primarily educational rather than recreational in nature.
(b)
"Educational supplements" does not include:
(i)
entertainment materials;
(ii)
recreational equipment;
(iii)
food or nutritional items;
(iv)
furniture or household items;
(v)
general office supplies not specific to an educational activity; or
(vi)
other items that do not have a clear, direct educational purpose aligned with
academic instruction.
(8)
"Eligible student" means a student:
(a)
who is eligible to participate in public school, in kindergarten, or grades 1 through 12;
(b)
who is a primary resident of the state, including a child of a military service member,
as that term is defined in Section
53H-11-202
;
(c)
who, during the school year for which the student is applying for a scholarship
account:
(i)
does not receive a scholarship under:
(A)
the Carson Smith Scholarship Program established in Section
53F-4-302
; or
(B)
the Carson Smith Opportunity Scholarship Program established in Section
53E-7-402
; and
(ii)
before receiving the scholarship is not enrolled in:
(A)
an LEA; or
(B)
the Statewide Online Education Program to participate in a course with
funding provided under
Chapter 4, Part 5
, Statewide Online Education
Program, which does not include participation in a course by an entity as
described in Subsection
53F-6-409
(7);
(d)
whose eligibility is not suspended or disqualified under Section
53F-6-401
;
(e)
who completes, to maintain eligibility, the portfolio requirement described in
Subsection
53F-6-402
(3)(d);
(f)
who provides verification of primary residence in Utah, including a parent's utility
bill, mortgage statement, lease agreement, or property tax records from the current
calendar year in which the eligible student is renewing, reapplying, or applying for
the scholarship for the first time; and
(g)
for out-of-state military families, who attests that the student is not enrolled in a
public school elsewhere while receiving the scholarship.
(9)
"Federal poverty level" means the United States poverty level as defined by the most
recently revised poverty income guidelines published by the United States Department
of Health and Human Services in the Federal Register.
(10)
(a)
"Financial administrator" means an organization that:
(i)
is not affiliated with any international organization;
(ii)
does not harvest data for the purpose of reproducing or distributing the data to
other entities;
(iii)
is not involved in guiding or directing any curriculum or curriculum standards;
and
(iv)
contracts with the state board to administer scholarship payments in accordance
with this part.
(b)
"Financial administrator" may include an organization that serves as both program
manager and financial administrator if the organization maintains appropriate
separation of duties and meets all qualifications for both roles.
(11)
(a)
"Home-based scholarship student" means a student who:
(i)
is eligible to participate in public school, in kindergarten or grades 1 through 12;
is a home-based student as defined in Section
53E-1-102
; and
(ii)
attests to being exited from enrollment in a public school to attend a home-based
learning environment if the student was enrolled at any time in a public school;
and
(iii)
(ii)
receives a benefit of scholarship funds.
(b)
"Home-based scholarship student" does not mean a home-based student who does
not receive a scholarship under the program
or a home school student as defined in
Section
53E-1-102
.
(12)
"Household income" means:
(a)
the combined gross income of all parents residing in the same household as the
eligible student;
(b)
the gross income of a single parent who claims the student as a dependent; or
(c)
the gross income of a parent who claims the student as a dependent under the terms
of a joint custody agreement.
(13)
"Parent" means:
(a)
the same as that term is defined in Section
53E-1-102
; and
(b)
a foster parent who has initiated a process to adopt the foster child.
(14)
"Primary residence" means the one location where an individual resides for the
majority of the year.
(15)
"Private school" means a full-time, tuition-bearing educational institution where the
student receives the majority of the student's academic instruction.
(16)
(a)
"Program manager" means a contracted entity or entities that:
(i)
perform program operational functions outlined in the procurement agreement
described in Section
53F-6-404
, including:
(A)
processing scholarship applications and eligibility determinations;
(B)
maintaining scholarship account records;
(C)
coordinating with qualifying providers and the financial administrator; and
(D)
providing customer service to program participants;
(ii)
in accordance with required program administration, implement established
program standards and procedures; and
(iii)
perform other operational duties as specified in the contract.
(b)
"Program manager" may include an organization that serves as both program
manager and financial administrator if the organization maintains appropriate
separation of duties and meets all qualifications for both roles.
(17)
(a)
"Qualifying provider" means one of the following entities:
(i)
an eligible school that the program manager approves in accordance with Section
53F-6-408
; or
(ii)
an eligible service provider that the program manager approves in accordance
with Section
53F-6-409
.
(b)
"Qualifying provider" does not include:
(i)
a parent of a home-based scholarship student solely in relation to the parent's
child; or
(ii)
any other individual that does not meet the requirements described in Subsection
(17)(a)
.
(18)
"Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle,
aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, or daughter-in-law.
(19)
"Scholarship account" means the account to which a program manager allocates funds
for the payment of approved scholarship expenses in accordance with this part.
(20)
(a)
"Scholarship expense" means an expense described in Section
53F-6-402
that a
parent or scholarship student incurs in the education of the scholarship student for a
service or goods that a qualifying provider provides, including:
(i)
tuition and fees of a qualifying provider;
(ii)
fees and instructional materials at a technical college;
(iii)
tutoring services;
(iv)
fees for after-school or summer education programs;
(v)
textbooks, curricula, or other instructional materials, including any supplemental
materials or associated online instruction that a curriculum or a qualifying
provider recommends;
(vi)
educational software and applications;
(vii)
supplies or other equipment related to a scholarship student's educational needs;
(viii)
computer hardware or other technological devices that are intended primarily
for a scholarship student's educational needs, not to exceed once every three years
for a scholarship student;
(ix)
fees for the following examinations, or for a preparation course for the following
examinations, that the program manager approves:
(A)
a national norm-referenced or standardized assessment described in Section
53F-6-410
, an advanced placement examination, or another similar assessment;
(B)
a state-recognized industry certification examination; and
(C)
an examination related to college or university admission;
(x)
educational services for students with disabilities from a licensed or accredited
practitioner or provider, including occupational, behavioral, physical, audiology,
or speech-language therapies;
(xi)
contracted services that the program manager approves and that an LEA provider
offers, including individual classes, after-school tutoring services, transportation,
or fees or costs associated with participation in extracurricular activities;
(xii)
ride fees or fares for a fee-for-service transportation provider to transport the
scholarship student to and from a qualifying provider, not to exceed $750 in a
given school year;
(xiii)
in accordance with Subsection
(20)(c)
, expenses related to extracurricular
activities, field trips, educational supplements, physical education experiences,
and other educational experiences;
(xiv)
coursework or an educational supplement for arts and music that aligns with
state core standards;
(xv)
a musical instrument rental, excluding purchase; or
(xvi)
any other expense for a good or service that:
(A)
a parent or scholarship student incurs in the education of the scholarship
student; and
(B)
the program manager approves.
(b)
"Scholarship expense" does not include:
(i)
chaperone expenses, except that a family with one or more scholarship students
receiving the scholarship under Subsection
53F-6-402(2)(c)
may use scholarship
funds for one chaperone expense or pass per family, regardless of how many
scholarship students are in the family or household;
(ii)
season tickets or subscriptions to entertainment venues;
(iii)
ski passes or lift tickets;
(iv)
access to recreational facilities unless for physical education of the student;
(v)
playground equipment;
(vi)
the purchase of any type of:
(A)
furniture; or
(B)
a musical instrument;
(vii)
apparel; and
(viii)
other non-educational expenses as the program manager determines.
(c)
(i)
A scholarship expense for extracurricular activities may not exceed 20% of the
total scholarship amount.
(ii)
A scholarship expense for physical education requirements may not exceed an
additional 20% of the total scholarship amount from the amount described in
Subsection
(20)(c)(i)
.
(iii)
A scholarship expense for arts and music described in Subsection
(20)(a)(xiv)
is
not an extracurricular activity.
(21)
"Scholarship funds" means:
(a)
funds that the Legislature appropriates for the program; and
(b)
interest that scholarship funds accrue.
(22)
(a)
"Scholarship student" means an eligible student, including a home-based
scholarship student, for whom the program manager establishes and maintains a
scholarship account in accordance with this part.
(b)
"Scholarship student" does not include a home-based student who does not receive a
scholarship award under the program
or a home school student as defined in Section
53E-1-102
.
(23)
"Utah Fits All Scholarship Program" or "program" means the scholarship program
established in Section
53F-6-402
.
Section 8. Section
53F-6-412
is amended to read:
53F-6-412
. Reports.
In accordance with Section
68-3-14
and the Family Educational Rights and Privacy Act,
20 U.S.C. Sec. 1232g, the program manager shall submit a report on the program to the
Education Interim Committee no later than September 1 of each year that includes:
(1)
the number and outcomes of appeals processed through the appeals process established
in Section
53F-6-417
;
(2)
the total amount and usage of rollover funds as described in Section
53F-6-411
;
(3)
a summary of the income verification process and outcomes, including the number of
households verified through each method described in Section
53F-6-402
;
(4)
for scholarship rollovers:
(a)
the total amount of funds rolled over;
(b)
the number of students with rollovers; and
(c)
the impact on subsequent year scholarship amounts;
(5)
for restricted expenses:
(a)
the total amount spent on extracurricular and physical education expenses;
(b)
the percentage of scholarship funds used for restricted expenses by students; and
(c)
the number of students reaching:
(i)
the 20% restriction limit for physical education expenses; and
(ii)
the 20% limit for extracurricular related expenses;
(6)
in consultation with the financial administrator, all financial data necessary for the
preparation of the report required under this section no later than 30 days before each
reporting deadline;
(7)
the total amount of tuition and fees qualifying providers charged for the current year and
previous two years;
(8)
the total amount of goods paid for with scholarship funds in the previous year and a
general characterization of the types of goods;
(9)
administrative costs of the program;
(10)
the number of scholarship students from each county and the aggregate number of
eligible students on the waitlist described in Section
53F-6-405
;
(11)
the percentage of first-time scholarship students who were enrolled in a public school
during the previous school year or who entered kindergarten or a higher grade for the
first time in Utah;
(12)
the program manager's strategy and outreach efforts to reach eligible students whose
family income is at or below 200% of the federal poverty level and related obstacles to
enrollments;
(13)
in the report that the program manager submits in 2025, information on steps the
program manager has taken and processes the program manager has adopted to
implement the program;
(14)
breakdown of scholarship students by:
(a)
a student enrolled in
private school
enrollment

versus
a
home-based
education
student as defined in Section
53E-1-102
; and
(b)
enrollment preference tier through which the student received the scholarship; and
(15)
any other information regarding the program and the program's implementation that
the committee requests.
Section 9. Section
53G-6-204
is amended to read:
53G-6-204
. School-age children exempt from school attendance.
(1)
(a)
A local school board or charter school governing board may excuse a school-age
child from attendance for any of the following reasons:
(i)
a school-age child over 16 years old may receive a partial release from school to
enter employment, or attend a trade school, if the school-age child has completed
grade 8; or
(ii)
on an annual basis, a school-age child may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A)
the school-age child has already completed the work required for graduation
from high school;
(B)
the school-age child is in a physical or mental condition, certified by a
competent physician or physician assistant if required by the local school board
or charter school governing board, which renders attendance inexpedient and
impracticable;
(C)
proper influences and adequate opportunities for education are provided in
connection with the school-age child's employment; or
(D)
the district superintendent or charter school governing board has determined
that a school-age child over 16 years old is unable to profit from attendance at
school because of inability or a continuing negative attitude toward school
regulations and discipline.
(b)
A school-age child receiving a partial release from school under Subsection
(1)(a)(i)

is required to attend:
(i)
school part time as prescribed by the local school board or charter school
governing board; or
(ii)
a home school part time.
(c)
In each case, evidence of reasons for granting an exemption under
this
Subsection
(1)

must be sufficient to satisfy the local school board or charter school governing board.
(d)
A local school board or charter school governing board that excuses a school-age
child from attendance as provided by this Subsection
(1)
shall issue a certificate that
the child is excused from attendance during the time specified on the certificate.
(2)
(a)
A parent or legal guardian of a school-age child who attends a home school
as
defined in Section
53E-1-102
is solely responsible for:
(i)
the selection of instructional materials and textbooks;
(ii)
the time, place, and method of instruction; and
(iii)
the evaluation of the home school instruction.
(b)
A local school board may not:
(i)
require a parent or legal guardian of a school-age child who attends a home school
to maintain records of instruction or attendance;
(ii)
require credentials for individuals providing home school instruction;
(iii)
inspect home school facilities; or
(iv)
require standardized or other testing of home school students.
(c)
Upon the request of a parent or legal guardian, a local school board shall identify the
knowledge, skills, and competencies a student is recommended to attain by grade
level and subject area to assist the parent or legal guardian in achieving college and
career readiness through home schooling.
(3)
When a parent withdraws an enrolled school-age child from school for the purpose of
home-schooling, or chooses not to enroll a school-age child, the parent shall provide a
one-time initial notification, that may include a letter of intent, to the local school board
of the school-age child's district of residence.
(4)
A local school board may not require a notification described in Subsection
(3)
if a
parent of a school-age child provided a notification to the local school board on or
before May 7, 2025, including through a home-school affidavit.
(5)
Upon receiving the notification in Subsection
(3)
:
(a)
the local school board shall:
(i)
maintain a record of the notification; and
(ii)
acknowledge receipt of the notification to the parent within 30 days; and
(b)
the local school board and school of enrollment are not liable for the education or
services of the school-age child.
(6)
(a)
Nothing in this section may be construed to prohibit or discourage voluntary
cooperation, resource sharing, or testing opportunities between a school or school
district and a parent or legal guardian of a child attending a home school.
(b)
The exemptions in this section apply regardless of whether:
(i)
a parent or legal guardian provides education instruction to the parent's or legal
guardian's child alone or in cooperation with other parents or legal guardians
similarly exempted under this section; or
(ii)
the parent or legal guardian makes payment for educational services the parent's
or legal guardian's child receives.
Section 10. Section
53G-6-702
is amended to read:
53G-6-702
. Dual enrollment.
(1)
As used in this section, "minor" means the same as that term is defined in Section
53G-6-201
.
(2)
A person having control of a minor who is enrolled in a regularly established private
school or a home school
as defined in Section
53E-1-102
may also enroll the minor in a
public school for dual enrollment purposes.
(3)
The minor may participate in any academic activity in the public school available to
students in the minor's grade or age group, subject to compliance with the same rules
and requirements that apply to a full-time student's participation in the activity.
(4)
(a)
A
student
minor
enrolled in a dual enrollment program in a district school is
considered a student of the district in which the district school of attendance is
located for purposes of state funding to the extent of the student's participation in the
district school programs.
(b)
A
student
minor
enrolled in a dual enrollment program in a charter school is
considered a student of the charter school for purposes of state funding to the extent
of the student's participation in the charter school programs.
(5)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board shall make rules for purposes of dual enrollment to govern and regulate the
transferability of credits toward graduation that are earned in a private or home school.
Section 11. Section
53G-6-703
is amended to read:
53G-6-703
. Private school and home school students' participation in
extracurricular activities in a public school.
(1)
As used in this section:
(a)
"Academic eligibility requirements" means the academic eligibility requirements that
a home school student is required to meet to participate in an extracurricular activity
in a public school.
(b)
"Association" means the same as that term is defined in Section
53G-7-1101
.
(c)
"Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
(d)
"Home school" means the same as that term is defined in Section
53E-1-102
.
(e)
"Home school student" means the same as that term is defined in Section
53E-1-102
.
(d)
(f)
"Initial establishment of eligibility requirements" means an association's
eligibility requirements, policies, procedures, and transfer rules that a school student
in grade 9 or 10 must meet, and to which the student is bound, to participate on a
high school sports team when the student:
(i)
attends the high school in which the student is selected for membership on a high
school sports team; or
(ii)
does not attend the high school in which the student tries out for and is selected
for membership on a high school sports team.
(e)
(g)
"Minor" means the same as that term is defined in Section
53G-6-201
.
(f)
(h)
"Parent" means the same as that term is defined in Section
53G-6-201
.
(g)
(i)
"Principal" means the principal of the school in which a home school student
participates or intends to participate in an extracurricular activity.
(2)
(a)
A minor who is enrolled in a private school or a home school is eligible to
participate in an extracurricular activity at a public school as provided in this section.
(b)
A private school student may only participate in an extracurricular activity at a
public school that is not offered by the student's private school.
(c)
(i)
Except as provided in Subsection
(2)(d)
, a private school student or a home
school student may only participate in an extracurricular activity at:
(A)
the school with attendance boundaries within which the student's custodial
parent resides; or
(B)
the school from which the student withdrew for the purpose of attending a
private or home school.
(ii)
A private school student or a home school student retains the ability to participate
in an extracurricular activity at a school described in Subsection
(2)(c)(i)
if the
student did not initially establish the student's eligibility at another school in grade
9 or 10.
(d)
A school other than a school described in Subsection
(2)(c)(i)
may allow a private
school student or a home school student to participate in an extracurricular activity
that the public school sponsors and supports if:
(i)
for an interscholastic competition of athletic teams, the private school student or
the home school student meets the initial establishment of eligibility requirements;
(ii)
for an interscholastic contest or competition for music, drama, or forensic groups
or teams, the private school student, subject to Subsection
(2)(b)
, or the home
school student meets the entry requirements for participation;
(iii)
the private school student or the home school student meets the eligibility
requirements under this section; and
(iv)
the private school student or the home school student meets the enrollment
requirements for public school in accordance with
Part 4, School District
Enrollment
.
(3)
(a)
Except as provided in Subsections
(4)
through
(13)
, a private school student or a
home school student is eligible to participate in an extracurricular activity at a public
school consistent with eligibility standards:
(i)
applied to a fully enrolled public school student;
(ii)
of the public school where the private school student or the home school student
participates in an extracurricular activity; and
(iii)
for the extracurricular activity in which the private school or the home school
student participates.
(b)
A school district or public school may not impose additional requirements on a
private school student or a home school student to participate in an extracurricular
activity that are not imposed on a fully enrolled public school student.
(c)
(i)
A private school student or a home school student who participates in an
extracurricular activity at a public school shall pay the same fees as required of a
fully enrolled public school student to participate in an extracurricular activity.
(ii)
If a local school board or a charter school governing board imposes a mandatory
student activity fee for a student enrolled in a public school, the fee may be
imposed on a private school student or a home school student who participates in
an extracurricular activity at the public school if the same benefits of paying the
mandatory student activity fee that are available to a fully enrolled public school
student are available to a private school student or a home school student who
participates in an extracurricular activity at the public school.
(4)
Eligibility requirements based on school attendance are not applicable to a home school
student.
(5)
A home school student meets academic eligibility requirements to participate in an
extracurricular activity if:
(a)
the student is mastering the material in each course or subject being taught; and
(b)
the student is maintaining satisfactory progress towards achievement or promotion.
(6)
(a)
To establish a home school student's academic eligibility, a parent, teacher, or
organization providing instruction to the student shall submit an affidavit to the
principal indicating the student meets academic eligibility requirements.
(b)
Upon submission of an affidavit pursuant to Subsection
(6)(a)
, a home school student
shall:
(i)
be considered to meet academic eligibility requirements; and
(ii)
retain academic eligibility for all extracurricular activities during the activity
season for which the affidavit is submitted, until:
(A)
a panel established under Subsection
(10)
determines the home school student
does not meet academic eligibility requirements; or
(B)
the person who submitted the affidavit under Subsection
(6)(a)
provides
written notice to the school principal that the student no longer meets academic
eligibility requirements.
(7)
(a)
A home school student who loses academic eligibility pursuant to Subsection
(6)(b)(ii)(B)
may not participate in an extracurricular activity until the person who
submitted the affidavit under Subsection
(6)(a)
provides written notice to the school
principal that the home school student has reestablished academic eligibility.
(b)
If a home school student reestablishes academic eligibility pursuant to Subsection
(7)(a)
, the home school student may participate in extracurricular activities for the
remainder of the activity season for which an affidavit was submitted under
Subsection
(6)(a)
.
(8)
A person who has probable cause to believe a home school student does not meet
academic eligibility requirements may submit an affidavit to the principal:
(a)
asserting the home school student does not meet academic eligibility requirements;
and
(b)
providing information indicating that the home school student does not meet the
academic eligibility requirements.
(9)
A principal shall review the affidavit submitted under Subsection
(8)
, and if the
principal determines it contains information which constitutes probable cause to believe
a home school student may not meet academic eligibility requirements, the principal
shall request a panel established pursuant to Subsection
(10)
to verify the student's
compliance with academic eligibility requirements.
(10)
(a)
A school district superintendent shall:
(i)
appoint a panel of three individuals to verify a home school student's compliance
with academic eligibility requirements when requested by a principal pursuant to
Subsection
(9)
; and
(ii)
select the panel members from nominees submitted by national, state, or regional
organizations whose members are home school students and parents.
(b)
Of the members appointed to a panel under Subsection
(10)(a)
:
(i)
one member shall have experience teaching in a public school as a licensed
teacher and in home schooling high school-age students;
(ii)
one member shall have experience teaching in a higher education institution and
in home schooling; and
(iii)
one member shall have experience in home schooling high school-age students.
(11)
A panel appointed under Subsection
(10)
:
(a)
shall review the affidavit submitted under Subsection
(8)
;
(b)
may confer with the person who submitted the affidavit under Subsection
(8)
;
(c)
shall request the home school student to submit test scores or a portfolio of work
documenting the student's academic achievement to the panel;
(d)
shall review the test scores or portfolio of work; and
(e)
shall determine whether the home school student meets academic eligibility
requirements.
(12)
A home school student who meets academic eligibility requirements pursuant to
Subsection
(11)
, retains academic eligibility for all extracurricular activities during the
activity season for which an affidavit is submitted pursuant to Subsection
(6)
.
(13)
(a)
A panel's determination that a home school student does not comply with
academic eligibility requirements is effective for an activity season and all
extracurricular activities that have academic eligibility requirements.
(b)
A home school student who is not in compliance with academic eligibility
requirements as determined by a panel appointed under Subsection
(11)
may seek to
establish academic eligibility under this section for the next activity season.
(14)
(a)
A public school student who has been declared to be academically ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home
school shall lose eligibility for participation in the extracurricular activity until the
student:
(i)
demonstrates academic eligibility by providing test results or a portfolio of the
student's work to the school principal, provided that a student may not reestablish
academic eligibility under this Subsection
(14)(a)
during the same activity season
in which the student was declared to be academically ineligible;
(ii)
returns to public school and reestablishes academic eligibility; or
(iii)
enrolls in a private school and establishes academic eligibility.
(b)
A public school student who has been declared to be behaviorally ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home
school shall lose eligibility for participation in the extracurricular activity until the
student meets eligibility standards as provided in Subsection
(3)
.
(15)
When selection to participate in an extracurricular activity at a public school is made
on a competitive basis, a private school student or a home school student is eligible to
try out for and participate in the activity as provided in this section.
(16)
(a)
If a student exits a public school to enroll in a private school or a home school
mid-semester or during an activity season, and the student desires to participate in an
extracurricular activity at the public school, the public school shall issue an interim
academic assessment based on the student's work in each class.
(b)
A student's academic eligibility to participate in an extracurricular activity under the
circumstances described in Subsection
(16)(a)
is dependent on the student meeting
public school academic eligibility standards at the time of exiting public school.
(c)
A student may appeal an academic eligibility determination made under Subsection
(16)(b)
in accordance with procedures for appealing a public school student's
academic eligibility.
Section 12. Section
53G-6-706
is amended to read:
53G-6-706
. Placement of a student of a home school, micro-education entity, or
home-based microschool, who transfers to a public school.
(1)
For the purposes of this section
,
:

(a)
"Home-based student" means the same as that term is defined in Section
53E-1-102
.
(b)
"Home school student" means the same as that term is defined in Section
53E-1-102
.
(c)
"parent"
"Parent"
means the same as that term is defined in Section
53G-6-201
.
(2)
When a home school student,
a home-based student,
a home-based microschool student,
or a micro-education entity student transfers from a home school, a home-based
microschool, or a micro-education entity to a public school, the public school shall place
the student in the grade levels, classes, or courses that the student's parent and the school
administrator determine are appropriate based on the parent's assessment of the student's
academic performance.
(3)
(a)
Within 30 days of the student's placement in a public school grade level, class, or
course, either the student's teacher or the student's parent may request a conference to
consider changing the student's placement.
(b)
If the student's teacher and the student's parent agree on a placement change, the
public school shall place the student in the agreed upon grade level, class, or course.
(c)
If the student's teacher and the student's parent do not agree on a placement change,
the public school shall evaluate the student's subject matter mastery in accordance
with Subsection
(3)(d)
.
(d)
The student's parent has the option of:
(i)
allowing the public school to administer, to the student, assessments that are:
(A)
regularly administered to public school students; and
(B)
used to measure public school students' subject matter mastery and determine
placement; or
(ii)
having a private entity or individual administer assessments of subject matter
mastery to the student at the parent's expense.
(e)
After an evaluation of a student's subject matter mastery, a public school may change
the student's placement in a grade level, class, or course.
(4)
In accordance with Section
53G-6-702
, this section does not apply to a student who is
dual enrolled in a public school and a:
(a)
home school;
(b)
home-based microschool; or
(c)
micro-education entity.
Section 13. Section
53G-6-710
is amended to read:
53G-6-710
. Home-centered, school-supported enrollment option.
(1)
As used in this section:
(a)
"Home-centered, school-supported enrollment option" means an enrollment option
for an LEA that allows participating students to:
(i)
complete the course work for one or more courses or subject areas from home
during part of the school day; and
(ii)
attend in-person instruction for the remainder of the school day.
(b)
"Home school" means the same as that term is defined in Section
53E-1-102
.
(b)
(c)
"Local education agency" or "LEA" means a school district or charter school.
(c)
(d)
"Participating student" means a student who is:
(i)
enrolled in an LEA; and
(ii)
approved to participate in a home-centered, school-supported enrollment option
provided by the LEA.
(2)
(a)
An LEA may provide a home-centered, school-supported enrollment option.
(b)
An LEA that provides a home-centered, school-supported enrollment option shall:
(i)
establish standards and requirements for student participation;
(ii)
provide the instructional materials to be used by a participating student;
(iii)
provide a participating student's parent with resources the LEA considers
appropriate to assist in parent involvement with student learning;
(iv)
develop assessments to measure a participating student's academic progress;
(v)
administer the assessments described in Subsection
(2)(b)(iv)
to a participating
student, subject to Subsection
53G-6-803(9)
; and
(vi)
monitor compliance with the standards and requirements established under
Subsection
(2)(b)(i)
.
(3)
A student who attends a home school pursuant to Section
53G-6-204
is not eligible to
participate in a home-centered, school-supported enrollment option.
(4)
A participating student is subject to a statewide assessment, as defined in Section
53E-4-301
, to the same extent as a student who is not participating.
(5)
A student's participation in a home-centered, school-supported enrollment option
provided by an LEA does not reduce or otherwise affect enrollment count for purposes
of computing the LEA's Minimum School Program funds under
Title 53F, Chapter 2,
State Funding -- Minimum School Program
.
Section 14.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-12-26 3:12 PM