53G-7-503.  Fees — Prohibitions — Voluntary supplies — Enforcement — Reporting.

(1)  An LEA may only charge a fee if the fee is authorized and noticed by the LEA governing board in accordance with Section 53G-7-505.

Terms Used In Utah Code 53G-7-503

  • 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
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Waiver: means a full or partial release from a requirement to pay a fee and from any provision in lieu of fee payment. See Utah Code 53G-7-501
    • (2) 

    (a)  An LEA may not require a fee for elementary school activities that are part of the regular school day or for supplies used during the regular school day.

    (b)  An elementary school or elementary school teacher may compile and provide to a student’s parent a suggested list of supplies for use during the regular school day so that a parent may furnish on a voluntary basis those supplies for student use.

    (c)  A list provided to an elementary student’s parent in accordance with Subsection (2)(b) shall include and be preceded by the following language:
         “NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS, OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL.”

    (3) 

    (a)  Beginning with or after the 2022-2023 school year, if an LEA imposes a fee, the fee shall be equal to or less than the expense incurred by the LEA in providing for a student the activity, course, or program for which the LEA imposes the fee.

    (b)  An LEA may not impose an additional fee or increase a fee to supplant or subsidize another fee.

    (4) 

    (a)  Beginning with or after the 2021-2022 school year, and notwithstanding Section 53E-3-401, if the state board finds that an LEA has violated a provision of this part or 6, the state board shall impose corrective action against the LEA, which may include:

    (i)  requiring an LEA to repay improperly charged fees;

    (ii)  withholding state funds; and

    (iii)  suspending the LEA’s authority to charge fees for an amount of time specified by the state board.

    (b)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:

    (i)  that require notice and an opportunity to be heard for an LEA affected by a state board action described in Subsection (4)(a); and

    (ii)  to administer this Subsection (4).

    (5) 

    (a)  For each fee on an LEA’s fee schedule described in Section 53G-7-505, the LEA shall:

    (i)  by July 1, 2020, determine whether the fee is curricular, co-curricular, or extracurricular;

    (ii)  for the 2020-2021 school year, measure the total number of:

    (A)  students who pay each fee; and

    (B)  money received for each fee;

    (iii)  for the 2020-2021 school year, measure the total:

    (A)  number of students who receive a fee waiver; and

    (B)  value of each waiver for each waived fee; and

    (iv)  by July 1, 2021, report the separate categories of data gathered under Subsections (5)(a)(ii) and (iii) to the state board.

    (b)  The state board shall report on the data the board receives under Subsection (5)(a) to the Education Interim Committee on or before the date of the November interim meeting in 2021.

    Amended by Chapter 341, 2021 General Session

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