R277-602-6. Responsibilities of Private Schools that Receive Carson Smith Scholarships

  (1) To be eligible to enroll a scholarship student, a private school shall:

  (a) meet the criteria described in Section 53F-4-303; and

  (b) submit an application and appropriate documentation by the deadline established in Section 53F-4-303 to the Superintendent on a form designated by the Superintendent.

  (2) A private school shall annually:

  (a) obtain an audit and report from a licensed independent certified public accountant that conforms with the following requirements:

  (i) the audit shall be performed in accordance with generally accepted auditing standards;

  (ii) the financial statements shall be presented in accordance with generally accepted accounting principles; and

  (iii) the audited financial statements shall be as of a period within the last 12 months; or

  (b) contract with an independent licensed certified public accountant to conduct an agreed upon procedures engagement described in Subsection (4);

  (3) The Superintendent shall annually publish:

  (a) an agreed upon procedures document for a new private school to apply for eligibility to accept Carson Smith Scholarship students; and

  (b) an agreed upon procedures document for a continuing private school to apply for continued eligibility to accept Carson Smith Scholarship students.

  (4) A private school that seeks to enroll Carson Smith Scholarship students shall submit an agreed upon procedures document described in Subsection (3):

  (a) for a new private school seeking eligibility to accept Carson Smith Scholarship students for the first time, by the May 1 prior to the fiscal year that the private school is seeking eligibility; and

  (b) for a school seeking continued eligibility to accept Carson Smith Scholarship students, by the November 30 prior to the school year in which they are reapplying.

  (5)(a) A private school that seeks to enroll a Carson Smith Scholarship student shall, in concert with the parent seeking a Carson Smith Scholarship for a student, initiate the assessment team meetings required under Section 53F-4-302.

  (b) A private school shall schedule a meeting at a time and location mutually acceptable to the private school, the applicant parent, and participating public school personnel.

  (c)(i) A private school and public school shall confidentially maintain documentation regarding an assessment team meeting, including documentation of:

  (A) a meeting for a student denied a scholarship or service; and

  (B) a student admitted into a private school and the student's level of service.

  (ii) Upon request by the Superintendent, a private school and public school shall provide the documentation described in Subsection (3)(c)(i) to the Superintendent for purposes of determining student scholarship eligibility or for verification of compliance.

  (6) A private school that receives a scholarship payment shall provide complete student records in a timely manner to another private school or a public school that requests student records if a parent transfers a student under Subsection 53F-4-302(7).

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

  (a) parent or student choice;

  (b) suspension or expulsion of the student; or

  (c) the student has unexcused absences during all of the prior ten consecutive school days.

  (8) A private school shall satisfy health and safety laws and codes required by Subsection 53F-4-303(1)(d), including:

  (a) the adoption of emergency preparedness response plans that include training for school personnel and parent notification for fire drills, natural disasters, and school safety emergencies; and

  (b) compliance with Rule R392-200, Design, Construction, Operation, Sanitation, and Safety of Schools.

  (9)(a) An approved eligible private school that changes ownership shall submit a new application for eligibility to receive a Carson Smith Scholarship payment from the Superintendent:

  (i) that demonstrates that the school continues to meet the eligibility requirements of Section 53F-4-303 and this rule; and

  (ii) within 60 calendar days of the date that an agreement is signed between previous owner and new owner.

  (b) If the Superintendent does not receive the application within the time described in Subsection (7)(a)(ii):

  (i) the new owner of the school is presumed ineligible to receive continued Carson Smith Scholarship payments from the Superintendent;

  (ii) at the discretion of the Board, the Superintendent may reclaim any payments made to a school within the previous 60 calendar days; and

  (iii) the private school shall submit a new application for eligibility to enroll Carson Smith Scholarship students consistent with the requirements and timelines of this rule.