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Utah · Through 2026 General Session

Utah Code § 53F-6-413: Legal proceedings.

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Where this section sits in the code
  1. Title 53F Public Education System -- Funding
  2. Chapter 53F-6 State Funding -- Programs Administered by Other Agencies
  3. Part 53F-6-4 Utah Fits All Scholarship Program

(1) In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:

(a) is necessary; and

(b) does not impose an undue burden on the qualifying provider.

(2) The following bear no liability based on the award or use of scholarship funds under this part:

(a) the state;

(b) the state board;

(c) the program manager; or

(d) an LEA.

(3) If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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