UtahS.B. 542026 General SessionSenateWALLET

Carson Smith Opportunity Scholarship Program Amendments

Sponsored By: Lincoln Fillmore (Republican)

Signed by Governor

EducationK-12 EducationState Tax CommissionRevenue and TaxationSpecial EducationTax Credits

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 4 benefits, 2 costs, 4 mixed.

Full donor credit, but no carryover

Beginning May 6, 2026, donors get a nonrefundable Utah tax credit worth 100% of their certificate amount. This applies to tax years beginning on or after January 1, 2026. The credit covers only the certificate year's Utah tax bill; unused amounts cannot carry forward or back. Donations made by April 15 following a tax year can count for that prior year, with written certification against federal double-claiming. The same donation cannot receive a federal deduction or credit in any year. Scholarship groups must report donation dates and count credits against the program cap for the year they can be claimed.

Scholarship award limits and funding sources

Beginning May 6, 2026, an amended rule sets the full-year K–12 scholarship maximum at 2.5 times Utah's school-funding unit, called the weighted pupil unit. The law also retains an income-based formula: 2.5 times the unit at or below 185% of the federal poverty level, and 2.0 times above it. Preschool awards equal 1.0 times the unit for full-time enrollment and 0.55 times for part-time enrollment. The unit's dollar value is not stated in this provision. Scholarship groups can fund awards with donations and legislative appropriations, but this law provides no appropriation.

New scholarship access limits for families

Beginning May 6, 2026, siblings cannot qualify solely because they live with another Carson Smith scholarship student. Each sibling must meet another student eligibility requirement. Students cannot receive both Carson Smith and Utah Fits All scholarships for the same school year. Scholarship groups must give students a deadline to accept or decline an offer and warn that missing it may forfeit the offer.

Stricter school approval rules for scholarships

Beginning May 6, 2026, private schools must meet state eligibility standards and submit an audit or required financial review to accept scholarship funds. Schools with disqualifying conditions, including going-concern audit problems, cannot participate; residential treatment facilities are excluded. After an ownership change, a school must stop operating as an eligible scholarship school. It can resume only after reapplying to the State Board of Education and showing continued compliance.

Residency checks and options for families

Beginning May 6, 2026, students must prove Utah is their primary residence—the place they live most of the year. Scholarship groups must check residency through the State Tax Commission or at least two accepted documents, such as a license and utility bill. Out-of-state military families can use a parent's statement that the student is not enrolled in public school elsewhere while receiving the scholarship. Tax-data checks require voluntary written consent, the taxpayer's name, Social Security number, and any additional identity details the commission requests. The scholarship group must send that consent to the commission; families do not have to consent. The commission must create a verification tool, and information shared for the residency check can be used only for that purpose.

Scholarship spending options come with caps

Beginning May 6, 2026, Carson Smith funds cover specified practitioner services and contracted public-school services without requiring public-school enrollment. Extracurricular activities, field trips, educational supplements, physical education, and other educational experiences together are limited to 20% of the scholarship. Physical therapy needed to support educational services is outside that cap. Transportation-provider ride fees or fares are limited to $750 per school year. Chaperone costs, entertainment passes or subscriptions, and furniture are not covered.

Scholarship families gain fee and appeal protections

Beginning May 6, 2026, scholarship groups cannot charge students processing fees or pass along third-party fund-management fees. Groups must provide an appeal process for denied reimbursement requests, though appeals do not guarantee payment. Schools cannot give scholarship money directly to students or parents as refunds, rebates, or shared funds. Allowed refunds must go through the scholarship group into a scholarship account.

Simpler scholarship status for homeschool families

Beginning May 6, 2026, students eligible for public school in kindergarten through grade 12 can establish home-based scholarship status by attestation. They must state that they are excused from local school enrollment to attend a home school. This replaces the prior requirement tied to the cited school-excusal law; the student must still receive a program scholarship benefit.

Scholarship groups face yearly financial checks

Beginning May 6, 2026, scholarship groups must obtain an annual audit from an independent certified public accountant. This applies regardless of how much scholarship money they allocate. Groups must report audit results to the State Board of Education and publicly disclose third-party contracts and fees.

Online scholarship options and provider limits

Beginning May 6, 2026, entities in Utah's Statewide Online Education Program can also serve Carson Smith scholarship students. They must meet the scholarship program's provider eligibility requirements. Private programs and services must complete required orientation before receiving funds and keep that orientation current. Parents cannot qualify as providers solely for their own home-based scholarship or home school student. Other individuals who fail the provider requirements are also excluded.

Sponsors & Cosponsors

Sponsor

  • Lincoln Fillmore

    Republican • Senate

Cosponsors

  • R. Neil Walter

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 152 • No: 8

Senate vote • 3/6/2026

Senate/ concurs with House amendment

Yes: 27 • No: 0

House vote • 3/5/2026

House/ passed 3rd reading

Yes: 67 • No: 2

House vote • 3/5/2026

House/ circled

Yes: 0 • No: 0

House vote • 3/5/2026

House/ uncircled

Yes: 0 • No: 0

House vote • 3/5/2026

House/ substituted

Yes: 0 • No: 0

House vote • 2/26/2026

House Comm - Favorable Recommendation

Yes: 10 • No: 0

Senate vote • 2/23/2026

Senate/ passed 3rd reading

Yes: 20 • No: 5

Senate vote • 2/20/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/20/2026

Senate/ passed 2nd reading

Yes: 22 • No: 1

Senate vote • 2/20/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/3/2026

Senate Comm - Favorable Recommendation

Yes: 6 • No: 0

Actions Timeline

  1. Governor Signed

    3/19/2026
  2. Senate/ to Governor

    3/13/2026Senate
  3. Senate/ received enrolled bill from Printing

    3/13/2026Senate
  4. Senate/ enrolled bill to Printing

    3/12/2026Senate
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from Senate for Enrolling

    3/10/2026
  8. Senate/ signed by President/ sent for enrolling

    3/6/2026Senate
  9. Senate/ received from House

    3/6/2026Senate
  10. House/ to Senate

    3/6/2026House
  11. House/ signed by Speaker/ returned to Senate

    3/6/2026House
  12. House/ received from Senate

    3/6/2026House
  13. Senate/ to House

    3/6/2026Senate
  14. Senate/ concurs with House amendment

    3/6/2026Senate
  15. Senate/ placed on Concurrence Calendar

    3/6/2026Senate
  16. Senate/ received from House

    3/6/2026Senate
  17. House/ to Senate

    3/5/2026House
  18. House/ passed 3rd reading

    3/5/2026House
  19. House/ substituted

    3/5/2026House
  20. House/ uncircled

    3/5/2026House
  21. House/ circled

    3/5/2026House
  22. House/ 3rd reading

    3/5/2026House
  23. House/ 2nd reading

    2/26/2026House
  24. House/ committee report favorable

    2/26/2026House
  25. House Comm - Favorable Recommendation

    2/26/2026

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #3

    3/4/2026

  • Substitute #1

    2/27/2026

  • Substitute #2

    2/27/2026

  • Introduced

    12/29/2025

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