19. Utah-Carson Smith Scholarships for Students with Special Needs Program

Program type: Vouchers for students with disabilities

Description: The Carson Smith Scholarships for Students with Special Needs Program provides scholarships for attendance at approved private schools to students with qualifying disabilities. To be eligible, students must have been enrolled in Utah public schools and have a current Individual Education Plan (IEP), or have been enrolled in private schools specializing in serving students with disabilities and receive an assessment determining that student would qualify for special education services if enrolled in a public school.

Amount of assistance: The scholarship amount is the lesser of the tuition and fees charged by the participating private school or $5,700 for students who would otherwise have received more than 180 minutes of special education services per day in a public school, or $3,420 for students who would receive less than 180 minutes of special education services. In 2006-07, the average scholarship amount was $4,436.

Number of participants: In 2006-07, 330 students received scholarships to attend 26 approved private schools.

Authorizing statute: Utah Code Ann. § 53A-1a-701 - Utah Code Ann. § 53A-1a-710

Legislative history: On March 10, 2005, this program was signed into law and then amended on March 15, 2006. With respect to students already attending a private school, the March 2006 amendment extended eligibility to students to receive scholarships in a school that has formerly served students with disabilities; previously, eligibility was restricted to students in private schools that specialize in serving such students. It also required that public schools notify parents of the availability of scholarships under this program.

Judicial history: No legal suits have been filed regarding the program.

For more information, see: http://www.schools.utah.gov/admin/specialneeds.htm.

20. Utah-The Parents Choice in Education Act⁸

Program type: Vouchers for students

Description: The Parents Choice in Education Act will provide vouchers for every family in Utah each voucher may be used to attend the private school of their choice. Voucher amounts will be based on income, ensuring that students from the lowest income families will receive the largest amount. The voucher has no income cap for eligibility.

Amount of assistance: Vouchers will be worth between $500 and $3,000 based on the family's immediate income of the preceding year. The scholarship amounts do take into account the number of members in a family and are set based on the free and reduced-price-lunch program income guidelines.

Under the income guidelines for the program, students receive the $3,000 scholarship if their families meet the annual income guidelines for a reduced price lunch. For example, in 2006-07 a family of five would qualify for the $3,000 scholarship if it had an income at $43,290 or lower. Students from families with higher incomes will receive lower scholarship amounts on a sliding scale based on the percentage their family income exceeds the level for the free and reduced-price lunch program. Students whose family income is 250 percent or more of the level for the free and reduced-price lunch program will receive the $500 scholarships.

Authorizing statute: Utah Code Ann. § 53A-1a-802- Utah Code Ann. § 53A-1a-811

Legislative history: On Feb. 12, 2007, the Parents Choice in Education Act signed into law. The legislature passed a second bill amending the Parents Choice in Education Act, which the governor signed into law on March 13, 2007.

Challenge to the law: After this bill and amendment were signed into law, groups opposed to this program gathered sufficient signatures in order to require a statewide referendum of the voters to recall or retain the voucher law. As of July 1, 2007, this program will not be implemented pending the referendum is held in November 2007.

Judicial history: No legal suits have been filed regarding the program.

8 This program has not been implemented yet.