(1) As used in this section: (a) "Eligible institution" means: (i) an institution; or (ii) a private, nonprofit institution of higher education in the state. (b) "Eligible student" means a student who: (i) applies to the board in accordance with the rules described in Subsection (5); (ii) is enrolled in an eligible institution; and (iii) meets the criteria established by the board in rules described in Subsection (5). (c) "Fee" means: (i) for an eligible institution that is a degree-granting institution, a fee approved by the board; or (ii) for an eligible institution that is a technical college or a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53H-3-608, a fee approved by the eligible institution. (d) "Program" means the Opportunity Scholarship Program described in this section. (2) (a) Subject to legislative appropriations, the board shall annually distribute money for the Opportunity Scholarship Program described in this section to each eligible institution to award as Opportunity scholarships to eligible students. (b) The board shall annually determine the amount of an Opportunity scholarship based on: (i) the number of eligible students in the state; and (ii) money available for the program. (c) The board may not use more than 3% of the money appropriated to the program for administrative costs and overhead. (3) (a) Except as provided in this Subsection (3), an eligible institution shall provide to an eligible student an Opportunity scholarship in the amount determined by the board described in Subsection (2)(b). (b) For an Opportunity scholarship for which an eligible student applies on or before July 1, 2019, an eligible institution may reduce the amount of the Opportunity scholarship based on other state aid awarded to the eligible student for tuition and fees. (c) For an Opportunity scholarship for which an eligible student applies after July 1, 2019: (i) an eligible institution shall reduce the amount of the Opportunity scholarship so that the total amount of state aid awarded to the eligible student, including tuition or fee waivers and the Opportunity scholarship, does not exceed the cost of the eligible student's tuition and fees; and (ii) the eligible student may only use the Opportunity scholarship for tuition and fees. (d) An institution described in Subsection (1)(a)(ii) may not award an Opportunity scholarship to an eligible student in an amount that exceeds the average total cost of tuition and fees among the eligible institutions described in Subsection (1)(a)(i). (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is insufficient to provide the amount described in Subsection (2)(b) to each eligible student, the eligible institution may reduce the amount of an Opportunity scholarship. (4) The board may: (a) audit an eligible institution's administration of Opportunity scholarships; (b) require an eligible institution to repay to the board money distributed to the eligible institution under this section that is not provided to an eligible student as an Opportunity scholarship; and (c) require an eligible institution to enter into a written agreement with the board in which the eligible institution agrees to provide the board with access to information and data necessary for the purposes of the program. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules that establish: (a) requirements related to an eligible institution's administration of Opportunity scholarships; (b) a process for a student to apply to the board to determine the student's eligibility for an Opportunity scholarship; (c) criteria to determine a student's eligibility for an Opportunity scholarship, including: (i) minimum secondary education academic performance standards; and (ii) the completion of a Free Application for Federal Student Aid or a process approved by the board in lieu of the Free Application for Federal Student Aid; (d) a requirement for each eligible institution to annually report to the board on all Opportunity scholarships awarded by the eligible institution; and (e) a process for a student to apply to the board for an Opportunity scholarship who would have likely received the scholarship but for an irreconcilable error in the application process described in Subsection (5)(b). (6) The board shall annually report on the program to the Higher Education Appropriations Subcommittee. (7) The State Board of Education, a school district, or a public high school shall cooperate with the board and eligible institutions to facilitate the program, including by exchanging relevant data where allowed by law. Renumbered and Amended by Chapter 8, 2025 Special Session 1
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