53G-7-501.  Definitions.
     As used in this part:

(1)  “Co-curricular activity” means an activity, a course, or a program that:

Terms Used In Utah Code 53G-7-501

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Co-curricular activity: means an activity, a course, or a program that:
(a) is an extension of a curricular activity;
(b) is included in an instructional plan and supervised or conducted by a teacher or education professional;
(c) is conducted outside of regular school hours;
(d) is provided, sponsored, or supported by an LEA; and
(e) includes a required regular school day activity, course, or program. See Utah Code 53G-7-501
  • Curricular activity: means an activity, a course, or a program that is:
    (a) intended to deliver instruction;
    (b) provided, sponsored, or supported by an LEA; and
    (c) conducted only during school hours. See Utah Code 53G-7-501
  • Elementary school: means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6. See Utah Code 53G-7-501
  • Extracurricular activity: means an activity, a course, or a program that is:
    (i) not directly related to delivering instruction;
    (ii) not a curricular activity or co-curricular activity; and
    (iii) provided, sponsored, or supported by an LEA. See Utah Code 53G-7-501
  • Fee: includes :
    (i) money or something of monetary value raised by a student or the student's family through fundraising;
    (ii) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;
    (iii) payments made to a third party that provides a part of a school activity, class, or program;
    (iv) charges or expenditures for classroom:
    (A) textbooks;
    (B) supplies; or
    (C) materials;
    (v) charges or expenditures for school activity clothing; and
    (vi) a fine other than a fine described in Subsection (6)(c)(i). See Utah Code 53G-7-501
  • Fundraising: means an activity or event provided, sponsored, or supported by an LEA that uses students to generate funds or raise money to:
    (i) provide financial support to a school or a school's class, group, team, or program; or
    (ii) benefit a particular charity or for other charitable purposes. See Utah Code 53G-7-501
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • School activity clothing: means special shoes or items of clothing:
    (i) 
    (A) that meet specific requirements, including requesting a specific brand, fabric, or imprint; and
    (B) that a school requires a student to provide; and
    (ii) that is worn by a student for a co-curricular or extracurricular activity. See Utah Code 53G-7-501
  • School uniform: means special shoes or an item of clothing:
    (i) 
    (A) that meet specific requirements, including a requested specific color, style, fabric, or imprint; and
    (B) that a school requires a student to provide; and
    (ii) that is worn by a student for a curricular activity. See Utah Code 53G-7-501
  • Secondary school: means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12. See Utah Code 53G-7-501
  • (a)  is an extension of a curricular activity;

    (b)  is included in an instructional plan and supervised or conducted by a teacher or education professional;

    (c)  is conducted outside of regular school hours;

    (d)  is provided, sponsored, or supported by an LEA; and

    (e)  includes a required regular school day activity, course, or program.
  • (2)  “Curricular activity” means an activity, a course, or a program that is:

    (a)  intended to deliver instruction;

    (b)  provided, sponsored, or supported by an LEA; and

    (c)  conducted only during school hours.

    (3)  “Elementary school” means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.

    (4) 

    (a)  “Elementary school student” means a student enrolled in an elementary school.

    (b)  “Elementary school student” does not include a secondary school student.

    (5) 

    (a)  “Extracurricular activity” means an activity, a course, or a program that is:

    (i)  not directly related to delivering instruction;

    (ii)  not a curricular activity or co-curricular activity; and

    (iii)  provided, sponsored, or supported by an LEA.

    (b)  “Extracurricular activity” does not include a noncurricular club as defined in Section 53G-7-701.

    (6) 

    (a)  “Fee” means a charge, expense, deposit, rental, or payment:

    (i)  regardless of how the charge, expense, deposit, rental, or payment is termed, described, requested, or required directly or indirectly;

    (ii)  in the form of money, goods, or services; and

    (iii)  that is a condition to a student’s full participation in an activity, course, or program that is provided, sponsored, or supported by an LEA.

    (b)  “Fee” includes:

    (i)  money or something of monetary value raised by a student or the student’s family through fundraising;

    (ii)  charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;

    (iii)  payments made to a third party that provides a part of a school activity, class, or program;

    (iv)  charges or expenditures for classroom:

    (A)  textbooks;

    (B)  supplies; or

    (C)  materials;

    (v)  charges or expenditures for school activity clothing; and

    (vi)  a fine other than a fine described in Subsection (6)(c)(i).

    (c)  “Fee” does not include:

    (i)  a student fine specifically approved by an LEA for:

    (A)  failing to return school property;

    (B)  losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, or as described in Section 53G-8-212; or

    (C)  improper use of school property, including a parking violation;

    (ii)  a payment for school breakfast or lunch;

    (iii)  a deposit that is:

    (A)  a pledge securing the return of school property; and

    (B)  refunded upon the return of the school property; or

    (iv)  a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program.

    (7) 

    (a)  “Fundraising” means an activity or event provided, sponsored, or supported by an LEA that uses students to generate funds or raise money to:

    (i)  provide financial support to a school or a school’s class, group, team, or program; or

    (ii)  benefit a particular charity or for other charitable purposes.

    (b)  “Fundraising” does not include an alternative method of raising revenue without students.

    (8) 

    (a)  “School activity clothing” means special shoes or items of clothing:

    (i) 

    (A)  that meet specific requirements, including requesting a specific brand, fabric, or imprint; and

    (B)  that a school requires a student to provide; and

    (ii)  that is worn by a student for a co-curricular or extracurricular activity.

    (b)  “School activity clothing” does not include:

    (i)  a school uniform; or

    (ii)  clothing that is commonly found in students’ homes.

    (9) 

    (a)  “School uniform” means special shoes or an item of clothing:

    (i) 

    (A)  that meet specific requirements, including a requested specific color, style, fabric, or imprint; and

    (B)  that a school requires a student to provide; and

    (ii)  that is worn by a student for a curricular activity.

    (b)  “School uniform” does not include school activity clothing.

    (10)  “Secondary school” means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.

    (11)  “Secondary school student”:

    (a)  means a student enrolled in a secondary school; and

    (b)  includes a student in grade 6 if the student attends a secondary school.

    (12)  “Textbook” means the same as that term is defined in Section 53G-7-601.

    (13)  “Waiver” means a full or partial release from a requirement to pay a fee and from any provision in lieu of fee payment.

    Amended by Chapter 51, 2020 General Session