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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 53F. Public Education System--Funding § 53F-6-413. Legal proceedings - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53f-public-education-system-funding/ut-code-sect-53f-6-413/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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