DAR File No. 28064

Education, Administration

R277-407

School Fees

NOTICE OF PROPOSED RULE

DAR File No.: 28064
Filed: 07/01/2005, 03:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to the law during the 2005 Legislative Session in H.B. 183. (DAR NOTE: H.B. 183 is found at UT L 2005 Ch 119, and was effective 05/02/2005.)

Summary of the rule or change:

The amendment provides for documentation of fee waivers consistent with Subsection 53A-12-103(5). The amendment also provides additional language regarding certification of compliance consistent with Doe v. Utah State Board of Education, Civil No. 920903376.

State statutory or constitutional authorization for this rule:

Subsection 53A-12-102(1), and Doe v. Utah State Board of Education, Civil No. 920903376

Anticipated cost or savings to:

the state budget:

The need to make this rule consistent with state law necessitated revision of fee waiver information, application, and compliance forms. The cost to the State Office of Education for revision of the forms and translation of the forms into several languages was $1,381. The translations are not complete, therefore, the cost is not a final expense.

local governments:

The revised rule based on the changes in the law requires considerable additional local administrative work for verification of fee waivers and for arranging for work in lieu of fee waivers. Some school districts have suggested that an additional administrator (pay range of $50,000 - $80,000, depending on the school district), may be necessary to comply with the law. Other school districts' budgets allow for no additional administrators and the costs will have to be absorbed. Some school districts have proposed requiring school lunch staff to audit 100 percent of free school lunch applications. This may create conflicts with federal law and result in the necessity for school districts to hire additional staff.

other persons:

Parents may have minimal additional costs to copy and/or provide verification of income. There may also be additional costs for students working in lieu of fee waivers, possibly to include transportation for students and lost income to students who may miss after-school work time. Those costs for individual students and families are too speculative to estimate.

Compliance costs for affected persons:

Parents may have minimal additional costs to copy and/or provide verification of income. There may also be additional costs for students working in lieu of fee waivers, possibly to include transportation for students and lost income to students who may miss after-school work time. Those costs for individual students and families are too speculative to estimate.

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 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:

08/15/2005

This rule may become effective on:

08/16/2005

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-407. School Fees.

R277-407-2. Authority and Purpose.

A. This rule is authorized under Article X, Sections 2 and 3 of the Utah Constitution which vests general control and supervision of the public education system in the State Board of Education and provides that public elementary and secondary schools shall be free except that fees may be imposed in secondary schools if authorized by the Legislature. Section 53A-12-102(1) authorizes the State Board of Education to adopt rules regarding student fees. This rule is consistent with the State Board of Education document, Principles Governing School Fees, adopted by the State Board of Education on March 18, 1994. This rule is also consistent with the Permanent Injunction, Doe v. Utah State Board of Education, Civil No. 920903376.

B. The purpose of this rule is:

(1) to permit the orderly establishment of a reasonable system of fees[,];

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

(3) [while]to prohibit[ing] practices that would exclude those unable to pay from participation in school-sponsored activities.

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. Student supplies must be provided for elementary 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. Secondary students may be required to provide their own student supplies, subject to the provisions of Section R277-407-6.

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 local board fee waiver policy shall include procedures to ensure that:

(1) at least one person at an appropriate administrative level 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; fee waivers shall be verified by a school or school district administrator consistent with requirements of Section 53A-12-103(5);

(5) the local board requires documentation of fee waivers consistent with Section 53A-12-103(5);

(6) schools and the local board submit fee waiver compliance forms consistent with Doe v. Utah State Board of Education, Civil No. 920903376 that affirm compliance with provisions of the Permanent Injunction and provisions of Section 53A-12-103(5);

(7) the local board does not retain required fee waiver verification documentation for protection of privacy and confidentiality of family income records consistent with 53A-12-103(6);

([6]8) 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]9) parents are given the opportunity to review proposed alternatives to fee waivers;

([8]10) a timely appeal process is available, including the opportunity to appeal to the local board or its designee;

([9]11) 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]12) 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.

[(5)]B. Eligibility

([a]1) [i]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]2) CASE BY CASE DETERMINATIONS [ARE]SHALL BE 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[;].

C. No Child Nutrition Program funds may be used to administer the fee waiver program or fee waiver verification.

[B]D. Expenditures for uniforms, costumes, clothing, and accessories[,] (other than items of typical student dress)[,] which are required for school attendance, 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, consistent with Doe v. Utah State Board of Education, Civil No. 920903376, p. 43.

[C]E. 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]F. Charges for class rings, letter jackets, school photos, school yearbooks, 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 local board's fee and fee waiver policies;

(3) a copy of the 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.

(5) consistent fee waiver compliance forms provided by the USOE and required by Doe v. Utah State Board of Education, Civil No. 920903376.

KEY: education, educational tuition, education finance

2005

Notice of Continuation September 12, 2002

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

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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 carol.lear@schools.utah.gov

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.