Utah Admin. Code R277-626-4 - SGO Responsibilities

(1) An SGO approved in accordance with Subsection R277-626-3(1) shall administer the program in accordance with Section 53E-7-405.

(2)

(a) An SGO shall maintain separate accounts for all scholarship donations, including any interest or other income from the scholarship funds.

(b) An SGO may not comingle the scholarship funds with any other funds and may only use funds from the account to cover scholarship expenses.

(3)

(a)

(i) Prior to an SGO paying expenses for tuition and fees, a parent of an eligible student shall personally approve a funds transfer to the qualifying school or qualifying provider.

(ii) A student may not approve a funds transfer under a power of attorney from the student's parent.

(iii) After approval as required under Subsection (3)(a)(i), an SGO shall pay costs for tuition and school fees for an eligible student directly to a qualifying school or qualifying provider.

(b) An SGO may disburse reimbursements to an eligible student's parent upon proof of payment of other approved scholarship expenses.

(3) If an eligible student discontinues enrollment in a qualifying school or qualifying provider, the SGO shall:

(a) notify the Superintendent; and

(b) obtain reimbursement of scholarship money from the qualifying school or qualifying provider.

(4) An SGO shall provide the following information to the Superintendent biannually by January 31 and July 31:

(a) the amount of tuition and fees each qualifying school or qualifying provider charges annually;

(b) financial records of the SGO annually, including administrative costs incurred by the SGO to administer the program;

(c) the number of scholarship students from each school district of residence annually;

(d) the number of first time scholarship students annually;

(e) the amount disbursed for scholarship expenses annually, provided with any detail requested by the Superintendent;

(f) the standards used by the SGO to determine whether a student is an eligible student;

(g) data reflecting savings to the state and LEAs, if any, as a result of scholarship students exiting the public school system;

(h) demographic information on scholarship students, including:

(i) name;

(ii) date of birth;

(iii) gender;

(iv) race; and

(v) last public school attended, if applicable;

(i) whether the SGO has received complaints of discrimination, and any steps taken by the SGO to remedy the complaints; and

(j) any other information requested by the Superintendent to facilitate monitoring of the program and preparation of the annual report required by Section 53E-1-202.1.

(5) An SGO may not have a personal or professional relationship with a qualifying school or qualifying provider or an employee of a qualifying school or qualifying provider that would create a conflict of interest, favoritism, or bias in making awards from program donations.

(6) An SGO is subject to monitoring and corrective action in the same manner as a recipient under Rule R277-114.

Notes

Utah Admin. Code R277-626-4

Adopted by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2024-14, effective 7/9/2024