Utah
Carson Smith Opportunity Scholarship Program (Legacy)
- Voucher
- Enacted 2005
- Launched 2005
The Carson Smith Opportunity Scholarship Program provides eligible families of students with special needs with scholarships for qualifying expenses, including but not limited to tuition and fees. The 2024 Utah State legislature passed S.B. 44 merging the Special Needs Opportunity Scholarship, a tax credit scholarship, with the Carson Smith Scholarship program, a state-funded scholarship. The newly coined Carson Smith Opportunity Scholarship Program gives Scholarship Granting Organizations (SGOs) continued authority over all tax-credit scholarships and additional authority over all new state-funded scholarships. The legacy Carson Smith program is not allowed to enroll new students, although existing enrollees are allowed to continue their current participation or opt-in for participation in the newly created program, for which they are automatically approved for the 2024–2025 school year. The tax-credit scholarship, known as the Special Needs Opportunity Scholarship, is absorbed into the new program. Students previously enrolled and receiving a scholarship under the legacy Special Needs Program will be funded under the new program in the 2024–2025 school year, but they must update their eligibility information, including financial and disability verification.
We do not administer this program.
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1,191
Students Participating (2024–2025)
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12%
Students Eligible Statewide
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93
Schools Participating (2023–2024)
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$1,891
Average Scholarship Value (2023–2024)
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21%
Value as a Percentage of Public School Per-Student Spending
Utah’s Carson Smith Special Needs Scholarship Program Participation
Student Funding
Use of Funds
Qualifying expenses include tuition and fees at a qualifying school.
Funding Amount and Source
Vouchers are based on the state’s weighted pupil unit, an element of its school financing formula. Students who receive three or more hours of special education services per day get vouchers worth 2.5 times the weighted pupil unit, whereas students receiving fewer than three hours per day get vouchers worth 1.5 times the weighted pupil unit. In 2022–2023, those values amount to $9,522.50 and $5,713.50, respectively. The voucher may not exceed the private school’s actual tuition and fees. The average scholarship size is about $7,500 which is about 75% of the average expenditure per student at Utah’s district schools.
(Last updated December 10, 2024)
Student Eligibility
Public school students between ages 3 and 21 identified as disabled under federal disability rights law are eligible to receive vouchers, as well as students with special needs in private schools that served students with disabilities prior to participating in the program. Participation is limited by the amount of money appropriated each year to the fund ($7 million in 2020–2021), with applications subject to random lottery. Although a student technically must have been enrolled in a public school in the year prior to using a scholarship, the statute exempts students who both: (1) have a disability that would qualify for special education services in a public school and (2) are enrolled in or have obtained acceptance for admission to an eligible private school that has previously served students with disabilities.
(Last updated December 10, 2024)
EdChoice Expert Feedback
Utah’s voucher for students with disabilities helps tens of thousands of students access schools that are the right fit for them, but policymakers could do more to expand educational opportunity. Eligibility for the scholarships is limited to students with certain special needs. About one in eight Utah students are eligible to receive a scholarship. Statewide, less than one percent of students participate in this program. In 2020, Utah policymakers also enacted a tax-credit scholarship for students with special needs. The average scholarship size is about $19,00 which is about 20 percent of the average expenditure per student at Utah’s district schools. Only $7 million in funding is available, which is equivalent to only 0.11 percent of Utah’s total K–12 revenue. To expand access to educational choice, Utah policymakers should dramatically increase funding for the scholarships and expand eligibility to all students (prioritizing scholarships based on need). The program could also be converted into an education savings account to ensure that all students have access to the education that’s the right fit for them, whether private school or a customized course of education. Utah’s voucher program generally avoids unnecessary and counterproductive regulations. (Last updated December 14, 2023)Rules and Regulations
Program Guidelines
- Income Limit: None
- Prior Year Public School Requirement: Yes, with exceptions
- Enrollment Cap: None
- Voucher Cap: Conditional
- Testing Mandates: Annual assessment of student’s progress
- Special Needs Pathway: Pathway
Participant and Family Guidelines
- Education Requirements: N/A
- Parent Supplemented Funds/Scholarships: Allowed
- Miscellaneous: Parents receive disclosures from providers regarding services, costs, & teacher credentials
Education Provider Guidelines
- Accreditation/Approval: Be approved by the state
- Employment Standards:
- Employ and assign educators that have bachelor’s degrees; three years of teaching experience; or skills, knowledge or experience that qualifies them to teach in particular subjects or address particular special needs
- Conditional background checks
- Provide parents with the credentials for their students’ teachers
- Nondiscrimination: Comply with federal nondiscrimination requirements of 42 U.S.C. 2000d
- Calendar/Curriculum/Attendance:
- Disclose to parents the special education services to be provided and the cost of those services
- Administer annual assessment of a student’s academic progress and report results to the student’s parents
- Financial:
- Submit to the state an audit and financial report completed by a certified public accountant
- Disclose special education costs to parents
- Possess adequate working capital to maintain operations for the first year
- Miscellaneous: Comply with state and local health and safety codes
(Last updated December 10, 2024)
Legal History
No legal challenges have been filed against the program.
(Last updated January 3, 2025)