Key changes impacting families and students
A summary of new definitions, limits, and eligibility rules for scholarship use and access. For full changes see link to law below.
Quick links
Newly prohibited items:
“Scholarship expense” does not include:
- Chaperone expenses, except that a family with one or more scholarship students receiving the scholarship under Subsection 53F-6-402(2)(c)(i) may use scholarship funds for one chaperone expense or pass per family, regardless of how many scholarship students are in the family or household;
- Season tickets or subscriptions to entertainment venues;
- Ski passes or lift tickets;
- Access to recreational facilities unless for physical education of the student;
- Playground equipment;
- The purchase of any type of:
- furniture; or
- a musical instrument;
- Apparel; and
- Other non-educational expenses as the program manager determines.
From the definition of educational supplements
“Educational supplements” does not include:
- entertainment materials;
- recreational equipment;
- food or nutritional items;
- furniture or household items;
- general office supplies not specific to an educational activity; or
- other items that do not have a clear, direct educational purpose aligned with academic instruction.
Approved scholarship expenses:
“Scholarship expense” include:
- Tuition and fees of a qualifying provider;
- Fees and instructional materials at a technical college;
- Tutoring services;
- Fees for after-school or summer education programs;
- Textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying provider recommends;
- Educational software and applications;
- Supplies or other equipment related to a scholarship student’s educational needs;
- 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;
- Fees for the following examinations, or for a preparation course for the following examinations, that the program manager approves:
- A national norm-referenced or standardized assessment described in Section 53F-6-410, an advanced placement examination, or another similar assessment;
- A state-recognized industry certification examination;
- An examination related to college or university admission;
- Educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies;
- 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;
- 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;
- In accordance with Subsection (20)(c), expenses related to extracurricular activities, field trips, educational supplements, physical education experiences, and other educational experiences;
- Coursework or an educational supplement for arts and music that aligns with state core standards;
- A musical instrument rental, excluding purchase;
- Any other expense for a good or service that:
- A parent or scholarship student incurs in the education of the scholarship student; and
- The program manager approves, in accordance with Subsection (5)(d).
Items requiring additional justification:
“Educational supplements” means:
- Materials, tools, and equipment that:
- Are directly related to and necessary for subjects aligned with the core standards the state board establishes pursuant to Section 53E-4-202;
- Are used for specific learning objectives or competencies;
- Support structured learning activities or lessons; and
- Are consumable or non-reusable in nature;
- Supplemental learning materials that:
- Directly support or enhance the delivery of instruction in core academic subjects;
- Are tied to specific educational goals or outcomes; and
- Are not primarily for entertainment or general enrichment purposes;
- Arts and music education materials that:
- Align with state core standards; and
- Are used in structured arts or music instruction;
- Other educational materials that the program manager determines are:
- Necessary for meeting specific learning objectives;
- Appropriate for the student’s age or grade level; and
- Primarily educational rather than recreational in nature.
Items that are capped to 20% of scholarship amount:
- A scholarship expense for extracurricular activities may not exceed 20% of the total scholarship amount.
- A scholarship expense for physical education requirements may not exceed an additional 20% of the total scholarship amount from the amount described above.
- A scholarship expense for arts and music described in Subsection (20)(a)(xiv) is not considered an extracurricular activity.
New award amounts:
Each year, subject to this part and legislative appropriations, a scholarship student is eligible for no more than:
- For a private school student: $8,000;
- For a home-based scholarship student age 5–11 as of September 1 of the scholarship year: $4,000;
- For a home-based scholarship student age 12–18 as of September 1 of the scholarship year: $6,000.
New award quarterly allocation:
Any new scholarship award made during the same year and using funds from an exited student’s account shall be prorated as follows:
- If awarded during the second quarter of the school year, no more than 75% of the annual scholarship amount is allocated;
- If awarded during the third quarter of the school year, no more than 50% of the annual scholarship amount is allocated;
- No new scholarship awards shall be made during the fourth quarter of the school year.
New prioritization groups:
- To an eligible student who used a scholarship account in the previous school year and has submitted the required accountability measure;
- To an eligible student:
- Who did not use a scholarship account in the previous school year; and
- With a family income at or below 300% of the federal poverty level;
- To an eligible student who is a sibling of an eligible student who:
- Uses a scholarship account at the time the sibling applies for a scholarship account; or
- Used a scholarship account in the school year immediately preceding the school year for which the sibling is applying for a scholarship account;
- For any remaining scholarships, to an eligible student: on a lottery basis.
Definition of Private School:
“Private school” means a full-time, tuition-bearing educational institution where the student receives the majority of the student’s academic instruction.
New date for Achievements to be submitted:
The portfolio or assessment described in Subsection (3)(d)(i) must be submitted no later than May 31.