R277-602-3. Parent Responsibilities and Payment Provisions

  (1) To receive a scholarship, a parent of a student shall submit an application by the deadline described in Subsection 53F-4-302(4), on a form specified by the Superintendent to:

  (a) the LEA that the student is or was enrolled in; or

  (b) if the student was not enrolled in an LEA in the school year prior to the school year in which the scholarship is sought, the school district that is responsible for the education of the student under the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1414.

  (2) Along with the application described in Subsection (1), a parent shall submit documentation that:

  (a) the parent is a resident of the state;

  (b) the student is at least three years of age before September 2 of the year of enrollment;

  (c) the student is not more than 21 years of age and has not graduated from high school; and

  (d) the student has official acceptance at an eligible private school, as described in Section 53F-4-303.

  (3) Any intentional falsification, misinformation, or incomplete information provided on the application may result in the cancellation of the scholarship to the student and non-payment to the private school.

  (4)(a) The Superintendent shall make a scholarship payment in accordance with Section 53F-4-304 and this rule.

  (b) The Superintendent may distribute a scholarship payment to a private school through electronic transfer after the Superintendent is able to verify the scholarship student's attendance at the private school through a Board provided software application.

  (5)(a) A parent shall notify the Board in writing within five days if the student does not continue in enrollment in an eligible private school for any reason, including:

  (i) parent or student choice;

  (ii) suspension or expulsion of the student; or

  (iii) the student has unexcused absences during all of the prior 10 consecutive school days.

  (b) In accordance with Subsection 53F-4-304(4), if a student does not continue in enrollment, the Superintendent may:

  (i) modify the payment to the private school; or

  (ii) if payment has already been made for that quarter, request reimbursement from the private school for an amount equal to the portion of the scholarship attributable to the number of remaining days in the quarter.

  (6) A parent shall cooperate and respond within 10 days to an enrollment cross-checking request from the Superintendent.

  (7) The parent shall notify the Superintendent in writing by May 1 annually to indicate the student's continued enrollment.