State Codes and Statutes
Statutes > Utah > Title-53a > Chapter-01 > 53a-1-61253A-1-612. Basic Skills Education Stipend Program.
(1) As used in this section:
(a) "Basic skills education" means individual or group instruction, including assessments,designed to develop the skills and knowledge necessary to pass the Utah Basic SkillsCompetency Test.
(b) "Basic skills provider" means:
(i) a school district;
(ii) a charter school;
(iii) an accredited public or private educational institution; or
(iv) other entity that meets board requirements pursuant to Subsection (12).
(c) "Program" means the Basic Skills Education Stipend Program.
(d) "Stipend recipient" means a student who receives a stipend under this section.
(e) "Utah Basic Skills Competency Test" or "UBSCT" means the basic skills competencytest administered to students pursuant to Section 53A-1-611.
(2) The Basic Skills Education Stipend Program is created to provide students who havenot passed the UBSCT supplemental instruction in the skills and knowledge necessary to pass thetest.
(3) The State Board of Education shall administer the Basic Skills Education StipendProgram.
(4) (a) A student may receive a stipend for basic skills education if:
(i) the student's score on one more subtests is below the midpoint of the partial masteryrange;
(ii) the student's parent or guardian is a Utah resident;
(iii) the student is enrolled full-time in a public school in the state; and
(iv) the student does not qualify for the Utah Alternative Assessment.
(b) A student who meets the criteria of Subsection (4)(a) may receive a stipend for basicskills education in the subject of each subtest failed. Depending upon the number of subtestsfailed, a student may receive one, two, or three stipends. A student may receive a stipend onlyonce for each subtest failed.
(5) Stipend amounts shall be based on a student's subtest score as follows:
(a) $500, if the student's subtest score was below the midpoint of the partial masteryrange but above the minimal mastery range;
(b) $1,000, if the student's subtest score was below the partial mastery range, but aboveor at the midpoint of the minimal mastery range; or
(c) $1,500, if the student's subtest score was below the midpoint of the minimal masteryrange.
(6) A stipend recipient may apply for basic skills education from any basic skillsprovider.
(7) Each basic skill provider shall accept stipend recipients on a first come/first servedbasis.
(8) A stipend recipient shall give the following to the basic skills provider selected toprovide basic skills education:
(a) a voucher in the amount of the stipend which the basic skills educator may present forpayment by the board if the stipend recipient passes the subtest corresponding to the basic skillseducation provided by the basic skills provider; and
(b) an authorization signed by the stipend recipient's parent or guardian for the stipendrecipient's school to release records of the stipend recipient to the basic skills provider, if thebasic skills provider is not the school district or charter school in which the stipend recipient isenrolled.
(9) A basic skills provider who possesses a voucher shall receive payment from the boardin the amount of the stipend, if, on a subsequent administration of the UBSCT, the stipendrecipient passes the subtest corresponding to the basic skills education provided by the basicskills provider.
(10) (a) A basic skills provider may charge a stipend recipient an amount in addition tothat paid by the board.
(b) The additional amount charged by a basic skills provider shall be:
(i) consistent with the restriction in Utah Constitution Article X, Section 2;
(ii) disclosed to the stipend recipient's parent or guardian when the stipend recipientapplies for basic skills education; and
(iii) reported to the board before receiving payment from the board.
(c) A basic skills provider may not make any additional charge or refund of a chargecontingent upon a stipend recipient's passing or failing a UBSCT subtest.
(11) (a) Stipends shall be awarded by the board subject to the availability of moneyappropriated by the Legislature for that purpose.
(b) The Legislature shall annually appropriate money to the board from the General Fundto make stipend payments.
(c) If monies are not available to pay for all stipends requested, the stipends shall beallocated according to rules adopted by the State Board of Education.
(12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theState Board of Education shall make rules:
(a) establishing qualifications for basic skills providers who are not school districts, highschools, or accredited public or private educational institutions;
(b) establishing procedures for the administration of the Basic Skills Education StipendProgram; and
(c) requiring the parent or guardian of a stipend recipient who selects a basic skillsprovider other than the school district or charter school in which the stipend recipient is enrolledto sign:
(i) an acknowledgment that the school district or charter school is released from furtherremediation responsibility for the stipend recipient; and
(ii) if the student has an IEP, an acknowledgment that offering a voucher to the basicskill provider has the same effect as a parental refusal to consent to services pursuant to Section614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(13) School districts and charter schools shall provide each student who qualifies for abasic skills education stipend information about the Basic Skills Education Stipend Program,including:
(a) voucher applications; and
(b) how to access a list of approved public and private providers.
Amended by Chapter 382, 2008 General Session
