{"data":{"id":"us-ut/utah-code-53f-6-415.5","jurisdiction":"us-ut","citation":"Utah Code § 53F-6-415.5","heading":"Transition provisions.","body":"(1) As used in this section:\n(a) \"Previous contracted entity\" means an organization that was contracted to perform program functions immediately prior to a transition event.\n(b) \"Transition event\" means:\n(i) the expiration or termination of a contracted entity contract;\n(ii) the inability of a contracted entity to perform required duties; or\n(iii) any other circumstance requiring transition to a new contracted entity, including legislative changes to this part or the program appropriations.\n(c) \"Transition period\" means the time between:\n(i) the occurrence of a transition event; and\n(ii) the effective date of a contract with a new contracted entity selected through the state's procurement process.\n(2) Upon the occurrence of a transition event, the Department of Operations shall:\n(a) serve as a temporary bridge program administrator solely during the time required to:\n(i) maintain essential program operations with the full cooperation from the previous contracted entity that is undergoing termination of contract; and\n(ii) complete the procurement process for selecting new contracted entities;\n(b) immediately initiate and complete the procurement process described in Section 53F-6-404 in an expedited manner;\n(c) establish clear timelines and procedures for the transition process between the previous contracted entity to the Department of Operations to the new contracted entity;\n(d) if the transition event affects the financial administrator:\n(i) immediately secure temporary financial services through an emergency procurement process to ensure continuity of payment processing;\n(ii) ensure the temporary financial services provider meets all qualifications of a financial administrator under Section 53F-6-401; and\n(iii) maintain separation between program administration and financial operations during the transition period; and\n(e) provide proper notice to and coordinate with:\n(i) qualifying providers;\n(ii) parents;\n(iii) all contracted entities;\n(iv) the state board; and\n(v) other affected parties.\n(3) During the transition period, the Department of Operations:\n(a) shall ensure with full cooperation and support of the previous contracted entity:\n(i) all existing scholarship accounts remain valid and operational;\n(ii) all qualifying provider approvals remain in effect;\n(iii) no interruption in:\n(A) scholarship payments;\n(B) account access for parents;\n(C) contracted entity operations; and\n(D) other essential program functions;\n(iv) if a temporary financial services provider is necessary:\n(A) the provider's compliance with program requirements;\n(B) proper processing of scholarship payments; and\n(C) appropriate separation of duties is maintained between the provider and the Department of Operations;\n(v) preservation of all program data and records for transfer to new contracted entities; and\n(vi) continuation of necessary reporting and compliance activities;\n(b) may not:\n(i) implement new policies or procedures;\n(ii) modify existing program operations; or\n(iii) directly handle or process any scholarship funds; and\n(c) shall maintain the program's operational independence from governmental control.\n(4) The Department of Operations' temporary bridge program administrator role:\n(a) is limited to maintaining essential program functions;\n(b) may not extend beyond the minimum time necessary to complete the procurement process;\n(c) does not constitute ongoing program management or operations;\n(d) shall be performed solely to maintain program continuity during the transition to a new program manager; and\n(e) shall terminate immediately upon the new program manager assuming the duties of a program manager.\n(5) All contracts, agreements, and obligations with the previous contracted entity shall:\n(a) remain in effect during the transition period unless specifically terminated through appropriate procedures;\n(b) be reviewed by the Department of Operations for continuation, modification, or termination; and\n(c) if necessary, be transferred to appropriate entities as determined through the procurement process.\n(6) Upon selection and awarding of a new contract to a contracted entity, the Department of Operations shall:\n(a) facilitate an orderly transfer of all relevant program operations, records, and data;\n(b) ensure the new contracted entity is prepared to assume all relevant program responsibilities; and\n(c) except for contract administrator duties, terminate all temporary administrative duties.\n(7) During the transition period:\n(a) if a temporary financial services provider is necessary:\n(i) the provider shall process all program payments and maintain all scholarship accounts;\n(ii) the Department of Operations may not directly handle or process any scholarship funds; and\n(iii) the temporary financial services provider shall receive the portion of administrative funds necessary for financial operations;\n(b) the state board shall:\n(i) allocate administrative funds as directed by the Department of Operations to:\n(A) the temporary financial services provider for financial operations; and\n(B) other contracted entities continuing to perform program functions; and\n(ii) ensure the total administrative costs do not exceed the limit in Subsection 53F-6-411(3)(a)(i); and\n(c) the Department of Operations:\n(i) shall maintain detailed accounting of all transition period administrative expenditures;\n(ii) shall report transition period expenditures to the state board;\n(iii) may not directly handle scholarship funds or accounts; and\n(iv) shall ensure proper separation between program administration and financial operations is maintained throughout the transition period.\n(8) Any unexpended administrative funds at the end of the transition period shall:\n(a) transfer to the newly contracted entities upon completion of the procurement process; or\n(b) return to the restricted account described in Section 53F-6-411 if not needed for contracted entity operations.\n(9) Within 30 days after terminating temporary administrative duties under Subsection (6)(c), the Department of Operations shall submit a report to the Executive Appropriations Committee that includes:\n(a) a summary of actions taken during the transition period;\n(b) an accounting of all expenditures made during the transition period;\n(c) confirmation that all program operations, records, and data have been properly transferred to new contracted entities; and\n(d) verification that all temporary administrative duties have been terminated.","path":["Title 53F Public Education System -- Funding","Chapter 53F-6 State Funding -- Programs Administered by Other Agencies","Part 53F-6-4 Utah Fits All Scholarship Program"],"source_url":"https://le.utah.gov/xcode/Title53F/Chapter6/53F-6-S415.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"4ae4781a46ad9eda08bdaf6779ad54b3cdcd56b0d89a427243cd2580b506bb04","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53f-6-415","next":"us-ut/utah-code-53f-6-416"},"notice":"GroundRules: Original legal text. Not legal advice."}