Utah

School Choice Policies

Charter School Choice

Does the state have charter schools?

Are for-profit charter schools or management companies allowed?

Yes-

Except for charter schools authorized by a local school board, charter schools are required to be organized and managed as non-profits:
"A charter school application shall include:...(b) except for a charter school authorized by a local school board, a statement that, after entering into a charter agreement, the charter school will be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act."

"[A] charter school authorized by a local school board is: ...exempt from the requirement under Section 53G-5-404 that a charter school shall be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act."

53G-5-302(2)(b): Charter school application -- Applicants -- Contents.

53G-5-305-7b: Charters authorized by local school boards -- Application process -- Local school board responsibilities.

Is there a cap on the number of charter schools?

Did not find-

We did not find information about caps on charter schools in Utah statutes. Education Commission of the States states that Utah does not have caps on charters. Additionally, a Utah policy expert stated that Utah does not have a charter school cap.

Education Commission of the States 50-State Comparison

Are charters required to provide transportation for any students?

No-

"A charter school governing board may provide transportation through an agreement or contract with the local school board, a private provider, or parents."

53F-2-702.(5)(c) Funding for charter schools.

Can charter schools employ uncertified teachers?

No-

"To accommodate differentiated staffing and better meet student needs, a charter school, under rules adopted by the state board, shall employ teachers who are licensed."

53G-5-407(4)(a): Employees of charter schools.

Virtual School Choice

Do state statutes allow for full-time virtual schools?

Unclear-

A charter school or district school created exclusively for the purpose of serving students online may offer online courses to eligible students through the Statewide Online Education Program. Starting in 2016-17, an eligible student may enroll in no more than six online credits. However, the state board may allow the student to enroll in more than six credits if the online courses better meet the academic goals of the student.

A Utah policy expert stated that while there is no explicit code allowing for full-time virtual schools, Utah does have several full-time virtual schools.

53F-4-503(2): Option to enroll in online courses offered through the Statewide Online Education Program.

Are virtual schools required to track attendance?

Did not find-

We did not find explicit mention of attendance tracking requirements for Utah virtual schools. However, a Utah policy expert stated that state funding rules require all schools to track attendance.

Do virtual schools have to comply with state teacher certification requirements?

Did not find-

We did not find explicit mention of virtual school teacher certification requirements. However, a Utah policy expert stated that all public schools must employ certified teachers.

Private School Choice

Does the state have voucher programs?

Yes-

Utah statutes allow for the Carson Smith Special Needs Scholarship Program, through which students with special needs may receive private school vouchers.

53F-4-301 through 53F-4-307: Carson Smith Scholarship Program

Does the state have educational expense tuition tax credits or deductions?

No-

No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Yes-

"The scholarship program authorized in this part is:
(a) enacted for the valid secular purpose of tailoring a student's education to that student's specific needs;
(b) neutral with respect to religion;
(c) provides limited assistance to citizens who are then able to direct their resources to religious and secular schools solely as a result of their genuine and independent private choices"

53F-4-301.5(7): Findings and purpose.

Is there a cap on the number of students or private schools participating in voucher programs?

Did not find

Are voucher students in private schools required to take any standardized tests?

Did not find

Can private schools be removed from voucher programs based on performance?

Did not find

Are private schools in voucher programs required to provide transportation?

Did not find

Interdistrict School Choice

Does the state have interdistrict choice programs?

Yes-

"If a school's enrollment falls below the open enrollment threshold, the local school board shall allow a nonresident student to enroll in the school... A local school board may allow enrollment of nonresident students in a school that is operating above the open enrollment threshold."

53G-6-402(2)-(3) Open enrollment options -- Procedures -- Processing fee -- Continuing enrollment.

Are receiving schools or districts required to provide transportation to any students?

Unclear-

"a) Except as provided in this Subsection (3), the parent of a nonresident student shall arrange for the student's own transportation to and from school."

"c) A receiving district shall provide transportation for a nonresident student on the basis of available space on an approved route within the district to the school of attendance if district students would be eligible for transportation to the same school from that point on the bus route and the student's presence does not increase the cost of the bus route."

53G-6-405(3)(a)&(c) Funding.

Page last updated: December 2020

Click here to download the State Policy Spreadsheet. Click here to download the State Policy Map Data Memo.

Shape Created with Sketch.

We’re always looking for feedback. To get in touch with our team, please email comments or questions to info@reachcentered.org. Thank you!

The State Policy Map provides a snapshot of school choice policy found in laws passed by the legislative bodies, for all 50 states and Washington, D.C., based on information gathered from state statutes in fall 2019; data checks continued through December 2020. Information on this site may not include the most up-to-date policy information. The State Policy Map does not systematically reflect state Department of Education administrative policies, rules, or regulations. All content on this site is provided for informational purposes only. Links to third-party websites are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.

Note: On June 30, 2020, the U.S. Supreme Court ruled that Montana's exclusion of religious schools from the state's tax credit scholarship program was unconstitutional (Espinoza v. Montana Department of Revenue 591). The responses to the question "Can students use vouchers to attend religious schools?" were collected before this ruling and therefore do not reflect any changes resulting from the Espinoza decision.