2010 Utah Code
Title 53A - State System of Public Education
Chapter 01 - Administration of Public Education at the State Level
53A-1-612 - Basic Skills Education Stipend Program.

53A-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 Skills Competency 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 competency test administered to students pursuant to Section 53A-1-611.
(2) The Basic Skills Education Stipend Program is created to provide students who have not passed the UBSCT supplemental instruction in the skills and knowledge necessary to pass the test.
(3) The State Board of Education shall administer the Basic Skills Education Stipend Program.
(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 mastery range;
(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 basic skills education in the subject of each subtest failed. Depending upon the number of subtests failed, a student may receive one, two, or three stipends. A student may receive a stipend only once 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 mastery range but above the minimal mastery range;
(b) $1,000, if the student's subtest score was below the partial mastery range, but above or 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 mastery range.
(6) A stipend recipient may apply for basic skills education from any basic skills provider.
(7) Each basic skill provider shall accept stipend recipients on a first come/first served basis.
(8) A stipend recipient shall give the following to the basic skills provider selected to provide basic skills education:
(a) a voucher in the amount of the stipend which the basic skills educator may present for payment by the board if the stipend recipient passes the subtest corresponding to the basic skills education provided by the basic skills provider; and

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(b) an authorization signed by the stipend recipient's parent or guardian for the stipend recipient's school to release records of the stipend recipient to the basic skills provider, if the basic skills provider is not the school district or charter school in which the stipend recipient is enrolled.
(9) A basic skills provider who possesses a voucher shall receive payment from the board in the amount of the stipend, if, on a subsequent administration of the UBSCT, the stipend recipient passes the subtest corresponding to the basic skills education provided by the basic skills provider.
(10) (a) A basic skills provider may charge a stipend recipient an amount in addition to that 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 recipient applies 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 charge contingent 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 money appropriated by the Legislature for that purpose.
(b) The Legislature shall annually appropriate money to the board from the General Fund to make stipend payments.
(c) If monies are not available to pay for all stipends requested, the stipends shall be allocated according to rules adopted by the State Board of Education.
(12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Board of Education shall make rules:
(a) establishing qualifications for basic skills providers who are not school districts, high schools, or accredited public or private educational institutions;
(b) establishing procedures for the administration of the Basic Skills Education Stipend Program; and
(c) requiring the parent or guardian of a stipend recipient who selects a basic skills provider other than the school district or charter school in which the stipend recipient is enrolled to sign:
(i) an acknowledgment that the school district or charter school is released from further remediation responsibility for the stipend recipient; and
(ii) if the student has an IEP, an acknowledgment that offering a voucher to the basic skill provider has the same effect as a parental refusal to consent to services pursuant to Section 614(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 a basic 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