Education, Administration

Section R277-407-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 36659
Filed: 08/15/2012 06:57:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-407-1 is amended to provide changes to a definition to make the definition consistent with other Utah State Board of Education (Board) rules.

Summary of the rule or change:

This filing changes a definition.

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. Changes to this definition in the rule to make the definition consistent with the definition in other Board rules do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. Changes to this definition in the rule to make the definition consistent with the definition in other Board rules do not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the changes to the definition in this rule affect 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. Changes to this definition in the rule to make the definition consistent with the defintion in other Board rules do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Changes to this definition in the rule to make the definition consistent with the definition in other Board rules do not result in compliance costs.

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 [email protected]

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:

10/01/2012

This rule may become effective on:

10/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-407. School Fees.

R277-407-1. Definitions.

A. Fee: Any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods. Admission fees, transportation charges, and similar payments to third parties are fees if the charges are made in connection with an activity or function sponsored by or through a school. For purposes of this policy, charges related to the National School Lunch Program are not fees.

B. "LEA" means a local education agency, including local school boards/public school districts, [and] charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

C. Optional Project: A project chosen and retained by a student in lieu of a meaningful and productive project otherwise available to the student which would require only school-supplied materials.

D. "Provision in Lieu of Fee Waiver" means an alternative to fee payment and waiver of fee payment. A plan under which fees are paid in installments or under some other delayed payment arrangement is not a waiver or provision in lieu of fee waiver.

E. Student Supplies: Items which are the personal property of a student which, although used in the instructional process, are also commonly purchased and used by persons not enrolled in the class or activity in question and have a high probability of regular use in other than school-sponsored activities. The term includes pencils, papers, notebooks, crayons, scissors, basic clothing for healthy lifestyle classes, and similar personal or consumable items over which a student retains ownership. The term does not include items such as the foregoing for which specific requirements such as brand, color, or a special imprint are set in order to create a uniform appearance not related to basic function.

F. "Supplemental Security Income for children with disabilities (SSI)" is a benefit administered through the Social Security Administration that provides payments for qualified children with disabilities in low income families.

G. "Temporary Assistance for Needy Families (TANF)," (formerly AFDC) provides monthly cash assistance and food stamps to low-income families with children under age 18 through the Utah Department of Workforce Services.

H. Textbook: Book, workbook, and materials similar in function which are required for participation in a course of instruction.

I. Waiver: Release from the requirement of payment of a fee and from any provision in lieu of fee payment.

 

KEY: education, school fees

Date of Enactment or Last Substantive Amendment: [July 9, ]2012

Notice of Continuation: August 14, 2012

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