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House passes Carson Smith Special Needs Scholarship after debate and failed amendments

Utah House of Representatives · February 21, 2005
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Summary

House Bill 249 creates a Carson Smith Special Needs Scholarship for students with IEPs to use at qualified private schools, funded from the general fund with a requested appropriation of $1.4 million; the bill passed 58-17 after debate over eligibility, safeguards and geographic equity.

The Utah House passed House Bill 249, the Carson Smith Special Needs Scholarship, which would provide state-funded scholarships for public-school students with individualized education programs (IEPs) to attend qualified private schools.

Sponsor Representative Merlyn Newbold told members the measure is patterned after a similar scholarship and stressed safeguards incorporated since previous sessions, including disclosure requirements for parents, background checks for private-school employees working with scholarship students and a random selection process with a preference for prior year recipients. Newbold emphasized the program is funded from the general fund and asked for $1,400,000 in the request; the bill does not specify a fixed per-student award in current bill language.

Several members raised concerns during extended floor debate. Representative King argued the bill benefits a geographically advantaged few and suggested funding high-impact, low-incidence students statewide could be more equitable. Representative Holdaway and others sought to divide and refine proposed amendments from Representative Moss that would tighten school qualification language; the first part of Moss’s amendment failed (23-45) and the second part also failed on division (33-38). Representatives questioned whether students receiving minimal services (for example, 30 minutes of speech) should qualify, and how scholarships would affect funding for more severely disabled students.

Newbold responded that the scholarship is not an entitlement and that funding is capped; he also noted that federal IDEA definitions are used to define disabilities and that an auditor will review the program after two years. He said the legislation is intended to complement public education by offering an alternative for students whose needs are not met in their current setting.

After debate and amendment votes, the House passed HB249 as amended, 58-17, and referred the bill to the Senate for consideration.

What’s next: The bill goes to the Senate. The transcript shows floor directions to review the fiscal note and monitor implementation details including random selection, auditing after two years, and the grant amount if appropriated.