Education, Administration

Section R277-407-3

Classes and Activities During the Regular School Day

Notice of Proposed Rule

(Amendment)

DAR File No.: 36199
Filed: 05/15/2012 03:26:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to incorporate amendments to Section 53A-12-102 under H.B. 62, Provisions Regarding School Supplies, 2012 Legislative General Session.

Summary of the rule or change:

The new language provides that an elementary school or elementary school teacher may provide a suggested list of supplies (using express language in the law) for use during the regular school day to a student's parent or guardian.

State statutory or constitutional authorization for this rule:

• Subsection 53A-12-102(1)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The new language provides procedures for elementary school teachers to follow when requesting classroom supplies from parents or guardians.

local governments:

There is no anticipated cost or savings to local government. The new language provides procedures for elementary school teachers to follow when requesting classroom supplies from parents or guardians.

small businesses:

There is no anticipated cost or savings to small businesses. The amendments to this rule apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. In the past, elementary school teachers may have requested classroom supplies from parents and guardians. The new language now requires that a teacher use express language in the law if making a request.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Elementary school teachers must use the express lanaguage in the law if requesting classroom supplies from parents or guardians.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2012

This rule may become effective on:

07/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-407. School Fees.

R277-407-3. Classes and Activities During the Regular School Day.

A. No fee may be charged in kindergarten through sixth grades for materials, textbooks, supplies, or for any class or regular school day activity, including assemblies and field trips.

B. Textbook fees may only be charged in grades seven through twelve.

C. If a class is established or approved which requires payment of fees or purchase of materials, tickets to events, etc., in order for students to participate fully and to have the opportunity to acquire all skills and knowledge required for full credit and highest grades, the class shall be subject to the fee waiver provisions of R277-407-6.

D. Students of all grade levels may be required to provide materials for their optional projects, but a student may not be required to select an optional project as a condition for enrolling in or completing a course. Project-related courses must be based upon projects and experiences that are free to all students.

E. Schools shall provide school supplies for K-6 students. A student may, however, be required to replace supplies provided by the school which are lost, wasted, or damaged by the student through careless or irresponsible behavior.

F. An elementary school or teacher may provide to parents or guardians a suggested list of supplies. The suggested list shall contain the express language in Section 53A-12-102(2)(c).

[F]G. Secondary students may be required to provide their own student supplies, subject to the provisions of Section R277-407-6.

 

KEY: education, school fees

Date of Enactment or Last Substantive Amendment: [July 11, 2011]2012

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-12-102; 53A-12-201; 53A-12-204; 53A-11-806(2); Doe v. Utah State Board of Education, Civil No. 920903376