1. (1) The Superintendent may:

   1. (a) provide reasonable timelines for satisfaction of private school requirements;
   2. (b) issue letters of warning;
   3. (c) require the school to take corrective action within a time frame set by the Superintendent;
   4. (d) suspend the school from the program consistent with Section 53F-4-306;

   5. (e) establish an appropriate penalty for a private school that fails to comply with requirements described in Title 53F, Chapter 4, Part 3, Carson Smith Scholarships for Students with Special Needs, including:

      1. (i) providing an affidavit under Section 53F-4-306;
      2. (ii) administering assessments or reporting an assessment to a parent or assessment team under Subsection 53F-4-303(1)(f);
      3. (iii) employing teachers with credentials required under Subsection 53F-4-303(g);
      4. (iv) providing to a parent relevant credentials of teachers under Subsection 53F4-303(i); or
      5. (v) requiring a completed criminal background and ongoing monitoring under Title 53G, Chapter 11, Part 4, Background Checks and take appropriate action consistent with information received; or
   6. (f) initiate a complaint and hold an administrative hearing, as appropriate, and consistent with this rule.
2. (2) The Superintendent shall make a list of eligible private schools updated annually and available no later than June 1 of each year.
3. (3) On or before July 1, the Superintendent shall annually publish information regarding the level of funding available for scholarships for the fiscal year.
4. (4) The Superintendent may mail a scholarship payment directly to a private school in accordance with Subsection 53F-4-304(8) as soon as reasonably possible.

KEY: special needs students, scholarships

Date of Last Change: July 9, 2024

Notice of Continuation: April 15, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-4-3