DAR File No. 37735

Education, Administration

Section R277-407-3

Classes and Activities During the Regular School Day

Notice of Proposed Rule

(Amendment)

DAR File No.: 37735
Filed: 06/14/2013 10:17:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-407-3 is amended to make it consistent with H.B. 345, Expanding Access for Sixth Graders to Secondary Education, 2013 General Legislative Session. Changes to the law provide that sixth grade students may be charged school fees if students attend schools that include one or more of grades 7-12.

Summary of the rule or change:

In Section R277-407-3, language is added to allow for sixth grade students to be charged school fees if students attend schools that include one or more of grades 7-12.

State statutory or constitutional authorization for this rule:

• Subsection 53A-12-102(2)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Fees may now be charged to sixth grade students if students attend schools that include one or more of grades 7-12.

local governments:

There may be minimal costs to local government. Schools will have to retrain personnel and possibly adjust accounting forms to allow for sixth grade fees.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses.

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

There may be costs to parents/students who attend traditionally secondary schools because fees may now be charged to those students. Costs to some parents/students are certain but an actual number of parents/students and prospective fees are too speculative at this time to determine.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Fees may now be charged to sixth grade students if students attend schools that include one or more of grades 7-12.

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.

Martell Menlove, 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:

07/31/2013

This rule may become effective on:

08/07/2013

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. Fees may be charged to students in sixth grade only if the student attends a school that includes grades 7, 8, 9, 10, 11, or 12. All school and school district materials and information, including local board-approved fees and parent information, shall include notice that fees may be charged to sixth graders and fee waiver requirements apply.

[C]D. 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]E. 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]F. 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]G. 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).

[G]H. 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: [October 9, 2012]2013

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