Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-407. School Fees.

As in effect on July 1, 2018

Table of Contents

R277-407-1. Authority and Purpose.

(1) This rule is authorized under:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Article X, Section 2 of the Utah Constitution, which provides that:

(i) public elementary schools shall be free; and

(ii) secondary schools shall be free, unless the Legislature authorizes the imposition of fees;

(c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(d) Subsection 53G-7-503(2), which authorizes the Board to adopt rules regarding student fees.

(2) This rule also serves to comply with the Permanent Injunction issued in Doe v. Utah State Board of Education, Civil No. 920903376 (3rd District 1994).

(3) The purpose of this rule is to:

(a) permit the orderly establishment of a system of reasonable fees;

(b) provide adequate notice to students and families of fees and fee waiver requirements; and

(c) prohibit practices that would exclude those unable to pay from participation in school-sponsored activities.

R277-407-2. Definitions.

(1)(a) "Fee" means any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods.

(b) An admission fee, transportation charge, or similar payment to a third party is a fee if the charge is made in connection with an activity or function sponsored by or through a school.

(c) For purposes of this rule, a charge related to the National School Lunch Program is not a fee.

(2) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(3) "Optional project" means a non-mandatory project chosen and retained by a student, for which the student covers the cost or provides the materials, in lieu of, or in addition to a mandatory classroom project otherwise available to the student which would require only school-supplied materials.

(4)(a) "Provision in lieu of fee waiver" means an alternative to fee payment or waiver of fee payment.

(b) 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.

(5)(a) "Student supplies" means 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.

(b) "Student supplies" include:

(i) pencils;

(ii) paper;

(iii) notebooks;

(iv) crayons;

(v) scissors;

(vi) basic clothing for healthy lifestyle classes; and

(vii) similar personal or consumable items over which a student retains ownership.

(c) "Student supplies" does not include items listed in Subsection (5)(b) 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.

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

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

(8) "Textbook" means a book, workbook, or materials similar in function, which are required for participation in a course of instruction.

(9) "Waiver" means a release from the requirement of payment of a fee and from any provision in lieu of fee payment.

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

(1) No fee may be charged in kindergarten through sixth grades for:

(a) materials;

(b) textbooks;

(c) supplies; or

(d) any class or regular school day activity, including assemblies and field trips.

(2) A school may charge textbook fees in grades seven through twelve.

(3)(a) Notwithstanding, Subsection (1), a school may charge fees to students in sixth grade if the student attends a school that includes any grades seven through twelve.

(b) If a school charges fees in accordance with Subsection (3)(a), the school shall annually provide notice to parents that the school will collect fees from sixth grade students and that the fees are subject to waiver.

(4) If a class is established or approved, which requires payment of fees or purchase of items 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 fees or costs for the class shall be subject to the fee waiver provisions of Rule R277-407- 6.

(5)(a) A school may require a student at any grade level to provide materials or pay for an optional project, but a school may not require a student to select an optional project as a condition for enrolling in or completing a course.

(b) A school shall base mandatory course projects on experiences that are free to all students.

(6)(a) A school shall provide student supplies for k-6 students.

(b) A school may require a student to replace student supplies provided by the school, which are lost, wasted, or damaged by the student through careless or irresponsible behavior.

(7)(a) An elementary school or teacher may provide to parents or guardians a suggested list of student supplies.

(b) A suggested list provided in accordance with Subsection (a) shall contain the express language in Subsection 53G-7-503(4)(c).

(8) A school may require a secondary student to provide student supplies, subject to the provisions of Section R277-407-6.

R277-407-4. School Activities Outside of the Regular School Day.

(1) A school may charge a fee, subject to the provisions of Section R277-407-6, in connection with any school-sponsored activity, which does not take place during the regular school day, regardless of the age or grade level of the student, if participation in the activity is voluntary and does not affect a student's grade or ability to participate fully in any course taught during the regular school day.

(2) A fee related to an extracurricular activity may not exceed limits established by the LEA governing board.

(3) A school shall collect fees for school-sponsored activities consistent with LEA policies and state law.

R277-407-5. General Provisions.

(1) An LEA may not charge or assess a fee in connection with any class or school-sponsored or supported activity, including an extracurricular activity, unless the fee has been set and approved by the LEA's governing board and distributed in an approved fee schedule or notice in accordance with this rule.

(2)(a) An LEA governing board shall adopted a fee schedule and fee policies for the LEA at least once each year in a regularly scheduled public meeting.

(b) An LEA shall provide public notice in accordance with Title 52, Chapter 4, Open and Public Meetings Act and shall encourage public participation in the development of fee schedules and waiver policies.

(c) An LEA shall keep minutes of meetings during which fee and waiver policies are developed or adopted, together with copies of approved policies, in accordance with Section 52-4-203.

(3)(a) An LEA shall adopt procedures to reasonably ensure that the parent or guardian of each child who attends a school within the LEA receives written notice of all current and applicable fee schedules and fee waiver policies.

(b) An LEA policy shall include easily understandable procedures for obtaining a fee waiver and for appealing a denial of a fee waiver, as soon as possible prior to the time when fees become due.

(4) An LEA shall include a copy of the schedules and waiver policies with registration materials provided to potential or continuing students.

(5)(a) A school may not deny a present or former student receipt of transcripts or a diploma, nor may a school refuse to issue a grade for a course for failure to pay school fees.

(b) A school may impose a reasonable charge to cover the cost of duplicating or mailing transcripts and other school records.

(c) A school may not charge for duplicating or mailing copies of school records to an elementary or secondary school in which a former student is enrolled or intends to enroll.

(6) To preserve equal opportunity for all students and to limit diversion of money and school and staff resources from the basic school program, each LEA's fee policies shall be designed to limit student expenditures for school-sponsored activities, including expenditures for activities, uniforms, clubs, clinics, travel, and subject area and vocational leadership organizations, whether local, state, or national.

(7)(a) An LEA may solicit and accept a donation or contribution in accordance with the LEA's policies, but all such requests must clearly state that donations and contributions are voluntary.

(b) A donation is a fee if a student is required to make a donation in order to participate in an activity.

R277-407-6. Waivers.

(1) An LEA shall provide, as part of any fee policy or schedule, for adequate waivers or other provisions in lieu of fee waivers to ensure that no student is denied the opportunity to participate in a class or school- sponsored or supported activity because of an inability to pay a fee.

(2) An LEA shall waive textbook fees for eligible students in accordance with Subsection 53G-7- 603(2).

(3) An LEA shall designate at least one person at an appropriate administrative level in each school to review and grant fee waiver requests.

(4) An LEA shall administer the process for obtaining a fee waiver or pursuing an alternative fairly, objectively, without delay, and in a manner that avoids stigma, embarrassment, undue attention, and unreasonable burdens on students and parents.

(5) An LEA may not treat a student receiving a fee waiver or provision in lieu of a fee waiver differently from other students.

(6) A school may not identify a student on fee waiver to students, staff members, or other persons who do not need to know.

(7)(a) An LEA shall ensure that a fee waiver or other provision in lieu of fee waiver is available to any student whose parent is unable to pay a fee.

(b) A school or LEA administrator shall verify fee waivers consistent with this rule.

(8) An LEA shall submit fee waiver compliance forms for each school consistent with Doe v. Utah State Board of Education, Civil No. 920903376 (3rd District 1994) that affirm compliance with the permanent injunction.

(9) An LEA shall adopt a policy for review of fee waiver requests which:

(a) gives parents the opportunity to review proposed alternatives to fee waivers;

(b) establishes a timely appeal process, which shall include the opportunity to appeal to the LEA or its designee; and

(c) suspends any requirement that a given student pay a fee during any period for which the student's eligibility for waiver is under consideration or during which an appeal of denial of a fee waiver is in process.

(10) The granting of waivers and provisions in lieu of fee waivers in an LEA may not produce significant inequities through unequal impact on individual schools.

(11) An LEA may pursue reasonable methods for collecting student fees, but may not, as a result of unpaid fees:

(a) exclude a student from school;

(b) refuse to issue a course grade; or

(c) withhold official student records, including written or electronic grade reports, diplomas or transcripts.

(12)(a) A school may withhold student records in accordance with Subsection 53G-8-212(2)(a).

(b) Notwithstanding Subsection (12)(a), a school may not withhold any records required for student enrollment or placement in a subsequent school.

(13) A school is not required to waive fees for class rings, letter jackets, school photos, or yearbooks, which are not required for participation in a class or activity.

(14) Expenditures for uniforms, costumes, clothing, or accessories, other than items of typical student dress, which are required for school attendance or participation in school activities, and expenditures for student travel as part of a school team, student group, or other school-approved trip, are fees requiring approval of the LEA, and are subject to the provisions of this section.

R277-407-7. Fee Waiver Eligibility.

(1) A student is eligible for fee waiver if an LEA receives verification that:

(a) based on family income, the student qualifies for free school lunch under United States Department of Agriculture child nutrition program regulations;

(b) the student to whom the fee applies receives SSI;

(c) the family receives TANF funding;

(d) the student is in foster care through the Division of Child and Family Services; or

(e) the student is in state custody.

(2) In lieu of income verification, an LEA may require alternative verification under the following circumstances:

(a) If a student's family receives TANF, an LEA may require a letter of decision covering the period for which a fee waiver is sought from the Utah Department of Workforce Services;

(b) If a student receives SSI, an LEA may require a benefit verification letter from the Social Security Administration;

(c) If a student is in state custody or foster care, an LEA may rely on the youth in custody required intake form and school enrollment letter or both provided by a case worker from the Utah Division of Child and Family Services or the Utah Juvenile Justice Department.

(3) A school may grant a fee waiver to a student, on a case by case basis, who does not qualify for a fee waiver under Subsection (1), but who, because of extenuating circumstances is not reasonably capable of paying the fee.

R277-407-8. Fee Waiver Reporting Requirements.

(1) An LEA shall attach to its annual S-3 statistical report for inclusion in the State Superintendent of Public Instruction's annual report the following:

(a) a summary of:

(i) the number of students in the LEA given fee waivers;

(ii) the number of students who worked in lieu of a waiver; and

(iii) the total dollar value of student fees waived by the LEA;

(b) a copy of the LEA's fee and fee waiver policies;

(c) a copy of the LEA's fee schedule for students; and

(d) the notice of fee waiver criteria provided by the LEA to a student's parent or guardian.

(e) a fee waiver compliance form approved by the Superintendent for each school and LEA.

KEY

education, school fees

Date of Enactment or Last Substantive Amendment

September 21, 2017

Notice of Continuation

July 19, 2017

Authorizing, Implemented, or Interpreted Law

Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503; Doe v. Utah State Board of Education, Civil No. 920903376


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.