DAR File No. 27798

Education, Administration

R277-407

School Fees

NOTICE OF PROPOSED RULE

DAR File No.: 27798
Filed: 04/01/2005, 05:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to eliminate inconsistencies between the Utah State Board of Education rule and Utah High School Activities Association (UHSAA) by-laws and rules. The amendment also removes responsibility from the State Board of Education for high school athletic eligibility requirements. It is necessary to remove all references to the UHSAA from this rule to allow the UHSAA to govern athletics and specified athletic eligibility in the high schools consistent with its own policies and by-laws.

Summary of the rule or change:

The amendment removes all references to the UHSAA.

State statutory or constitutional authorization for this rule:

Subsection 53A-12-102(1)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

local governments:

There are no anticipated cost or savings to local government. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

other persons:

There are no anticipated cost or savings to other persons. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment simply removes references to the UHSAA and does not require any additional compliance requirements.

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. Patti Harrington, State Superintendent of Public Instruction

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

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 clear@usoe.k12.ut.us

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:

05/16/2005

This rule may become effective on:

05/17/2005

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-407. School Fees.

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

A. Fees may be charged, 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 is voluntary and does not affect a student's grade or ability to participate fully in any course taught during the regular school day.

B. Fees related to extracurricular activities [sponsored by the Utah High School Activities Association ]may not exceed limits established by the [Association]local board. Schools shall collect these fees consistent with [school district]local board policies and state law.

R277-407-5. General Provisions.

A. No fee may be charged or assessed in connection with any class or school-sponsored or supported activity, including extracurricular activities, unless the fee has been set and approved by the local board of education and distributed in an approved fee schedule or notice in accordance with this rule.

B. Fee schedules and policies for the entire district shall be adopted at least once each year by the local board of education in a regularly scheduled public meeting of the local board. Provision shall be made for broad public notice and participation in the development of fee schedules and waiver policies. Minutes of local board meetings during which fee and waiver policies are developed or adopted, together with copies of approved policies, shall be kept on file by the local board of education and made available upon request.

C. Each [district]local board shall adopt procedures to reasonably ensure that the parent or guardian of each child who attends school within the district receives written notice of all current and applicable fee schedules and fee waiver policies, including easily understandable procedures for obtaining waivers and for appealing a denial of waiver, as soon as possible prior to the time when fees become due. Copies of the schedules and waiver policies shall be included with all registration materials provided to potential or continuing students.

D. No present or former student may be denied receipt of transcripts or a diploma for failure to pay school fees. A reasonable charge may be made to cover the cost of duplicating or mailing transcripts and other school records. No charge may be made for duplicating or mailing copies of school records to an elementary or secondary school in which the student is enrolled or intends to enroll.

E. To preserve equal opportunity for all students and to limit diversion of money and school and staff resources from the basic school program, each [district's]local board'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.

F. Donations or contributions may be solicited and accepted in accordance with [district]local board policies, but all such requests must clearly state that donations and contributions are voluntary. A donation is a fee if a student [must]is required to make a donation in order to participate in an activity.

G. In the collection of school fees, [districts must]local boards shall comply with statutes and State Tax Commission rules regarding the collection of state sales tax.

R277-407-6. Waivers.

A. A local board of education 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.

The waiver policy shall include procedures to ensure that:

(1) a person is designated in each school to administer the policy and grant waivers;

(2) the process for obtaining waivers or pursuing alternatives is administered fairly, objectively, and without delay, and avoids stigma and unreasonable burdens on students and parents;

(3) students who have been granted waivers or provisions in lieu of fee waivers are not treated differently from other students or identified to persons who do not need to know;

(4) fee waivers or other provisions in lieu of fee waivers are available to any student whose parent is unable to pay the fee in question;

(5) Eligibility

(a) inability to pay is presumed for those who are in state custody or foster care, or receiving public assistance in the form of Aid to Families with Dependent Children, or Supplemental Security Income, or are eligible for free school lunch; and

(b) CASE BY CASE DETERMINATIONS ARE MADE FOR THOSE WHO DO NOT QUALIFY UNDER ONE OF THE FOREGOING STANDARDS but who, because of extenuating circumstances such as, but not limited to, exceptional financial burdens such as loss or substantial reduction of income or extraordinary medical expenses, are not reasonably capable of paying the fee;

(6) textbook fees are waived for all eligible students in accordance with Sections 53A-12-201 and 53A-12-204 of the Utah Code and this Section;

(7) parents are given the opportunity to review proposed alternatives to fee waivers;

(8) a timely appeal process is available, including the opportunity to appeal to the local board or its designee;

(9) any requirement that a given student pay a fee is suspended during any period during which the student's eligibility for waiver is being determined or during which a denial of waiver is being appealed; and

(10) the local board provides for balancing of financial inequities among district schools so that the granting of waivers and provisions in lieu of fee waivers do not produce significant inequities through unequal impact on individual schools.

B. Expenditures for uniforms, costumes, clothing, and accessories, other than items of typical student dress, which are required for participation in choirs, pep clubs, drill teams, athletic teams, bands, orchestras, and other student groups, and expenditures for student travel as part of a school team, student group, or other school-approved trip, are fees requiring approval of the local board of education, and are subject to the provisions of this section.

C. The requirements of fee waiver and availability of other provisions in lieu of fee waiver do not apply to charges assessed pursuant to a student's damaging or losing school property. Schools may pursue reasonable methods for obtaining payment for such charges, but may not exclude students from school or withhold UNOFFICIAL transcripts or diplomas to obtain payment of those charges, consistent with Section 53A-11-806(2), and the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 USC 1232g, which regulation is hereby incorporated by reference within this rule.

D. Charges for class rings, letter jackets, and similar articles not required for participation in a class or activity are not fees and are not subject to the waiver requirements.

R277-407-7. Fee Waiver Reporting Requirements.

Beginning with fiscal year 1990-91, each school district shall attach to its annual S-3 statistical report for inclusion in the State Superintendent of Public Instruction's annual report the following:

(1) a summary of the number of students in the district given fee waivers, the number of students who worked in lieu of a waiver, and the total dollar value of student fees waived by the district;

(2) a copy of the [district's]local board's fee and fee waiver policies;

(3) a copy of the [district's]local board's fee schedule for students; and

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

KEY: education, educational tuition[s], education finance

[1994]2005

Notice of Continuation September 12, 2002

Art X Sec 3

53A-12-102

53A-12-201

53A-12-204

53A-11-806(2)

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.