records -- Scholarship student status. (1) Nothing in this part: (a) except as expressly described in this part, grants additional authority to any state agency or LEA to regulate or control: (i) a private school, qualifying provider, or home school; (ii) students receiving education from a private school, qualifying provider, or home school; (b) applies to or otherwise affects the freedom of choice of a home school student, including the curriculum, resources, developmental planning, or any other aspect of the home school student's education; or (c) except as expressly provided in Section 53F-6-408 regarding LEA providers, expands the regulatory authority of the state, a state office holder, or an LEA to impose any additional regulation of a qualifying provider beyond any regulation necessary to administer this part. (2) A qualifying provider: (a) has a right to maximum freedom from unlawful governmental control in providing for the educational needs of a scholarship student who attends or engages with the qualifying provider; and (b) is not an agent of the state by virtue of the provider's acceptance of payment from a scholarship account in accordance with this part. (3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section 53F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service providers, a program manager may not require a qualifying provider to alter the qualifying provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept scholarship funds. (4) An LEA or a school in an LEA in which a scholarship student was previously enrolled shall provide to the scholarship student's parent a copy of all school records relating to the student that the LEA possesses within 30 days after the day on which the LEA or school receives the parent's request for the student's records, subject to: (a) Title 53E, Chapter 9, Student Privacy and Data Protection; and (b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g. (5) By virtue of a scholarship student's involvement in the program and unless otherwise expressly provided in statute, a scholarship student is not: (a) enrolled in the public education system; or (b) otherwise subject to statute, administrative rules, or other state regulations as if the student was enrolled in the public education system. (6) (a) A scholarship student may participate in public school athletics and extracurricular activities in the same manner as a home school student or private school student under Section 53G-6-703. (b) An LEA may not: (i) deny a scholarship student the opportunity to participate in athletics or extracurricular activities based solely on the student's scholarship status; or (ii) impose requirements on scholarship students for athletic or extracurricular participation that are more restrictive than those imposed on home school students or private school students.
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