Current through Bulletin 2024-06, March 15, 2024
(1) "Co-curricular
activity" means the same as that term is defined in Section
53G-7-501.
(2) "Curricular activity" means the same as
that term is defined in Section
53G-7-501.
(3) "Extracurricular activity" means the same
as that term is defined in Section 53G-7-501.
(4)
(a)
"Fee" means something of monetary value requested or required by an LEA as a
condition to a student's participation in an activity, class, or program
provided, sponsored, or supported by a school.
(b) "Fee" includes money or something of
monetary value raised by a student or the student's family through
fundraising.
(5)
(a) "Fundraiser," "fundraising," or
"fundraising activity" means an activity or event provided, sponsored, or
supported by a school that uses students to generate funds to raise money to:
(i) provide financial support to a school or
any of the school's classes, groups, teams, or programs; or
(ii) benefit a particular charity or for
other charitable purposes.
(b) "Fundraiser," "fundraising," or
"fundraising activity" may include:
(i) the
sale of goods or services;
(ii) the
solicitation of monetary contributions from individuals or businesses;
or
(iii) other lawful means or
methods that use students to generate funds.
(c) "Fundraiser," "fundraising," or
"fundraising activity" does not include an alternative method of raising
revenue without students.
(6) "Group fundraiser" or "group fundraising"
means a fundraising activity where the money raised is used for the benefit of
the group, team, or organization.
(7) "Individual fundraiser" or "individual
fundraising" means a fundraising activity where money is raised by each
individual student to pay the individual student's fees.
(8)
(a)
"Instructional equipment" means an activity, course, or program-related tool or
instrument that:
(i) is required for a student
to use as part of an activity, course, or program in a secondary
school;
(ii) typically becomes the
property of the student upon exiting the activity, course, or program;
and
(iii) is subject to fee
waiver.
(b)
"Instructional equipment" includes:
(i)
shears or styling tools;
(ii) a
band instrument;
(iii) a
camera;
(iv) a stethoscope;
and
(v) sports equipment, including
a bat, mitt, or tennis racket.
(c) "Instructional equipment" does not
include school equipment.
(9)
(a)
"Instructional supply" means a consumable or non-reusable supply that is
necessary for a student to use as part of an activity, course, or program in a
secondary school.
(b)
"Instructional supply" includes:
(i)
prescriptive footwear;
(ii) brushes
or other art supplies, including clay, paint, or art canvas;
(iii) wood for wood shop;
(iv) Legos for Lego robotics;
(v) film; and
(vi) filament used for 3D printing.
(10) "LEA" includes, for
purposes of this rule, the Utah Schools for the Deaf and the Blind.
(11)
(a)
"Maintenance of school equipment" means a cost, payment, or expenditure related
to storing, repairing or keeping school equipment in good working
condition.
(b) "Maintenance of
school equipment" does not include the cost related to end-of-life
replacement.
(12)
"Noncurricular club" has the same meaning as that term is defined in Section
53G-7-701.
(13) "Non-waivable charge" means a cost,
payment, or expenditure that:
(a) is a
personal discretionary charge or purchase, including:
(i) a charge for insurance, unless the
insurance is required for a student to participate in an activity, class, or
program;
(ii) a charge for college
credit related to the successful completion of:
(A) a concurrent enrollment class;
or
(B) an advanced placement
examination; or
(iii)
except when requested or required by an LEA, a charge for a personal consumable
item such as a yearbook, class ring, letterman jacket or sweater, or other
similar item;
(b) is
subject to sales tax as described in Utah State Tax Commission Publication 35,
Sales Tax Information for Public and Private Elementary and Secondary Schools;
or
(c) by Utah Code, federal law,
or Board rule is designated not to be a fee, including:
(i) a school uniform as provided in Section
53G-7-801;
(ii) a school lunch; or
(iii) a charge for a replacement for damaged
or lost school equipment or supplies.
(14)
(a)
"Provided, sponsored, or supported by a school" means an activity, class,
program, fundraiser, club, camp, clinic, or other event that:
(i) is authorized by an LEA or school,
according to local education board policy; or
(ii) satisfies at least one of the following
conditions:
(A) the activity, class, program,
fundraiser, club, camp, clinic, or other event is managed or supervised by an
LEA or school, or an LEA or school employee in the employee's school employment
capacity;
(B) the activity, class,
program, fundraiser, club, camp, clinic, or other event uses, more than
inconsequentially, the LEA or school's facilities, equipment, or other school
resources; or
(C) the activity,
class, program, fundraising event, club, camp, clinic, or other event is
supported or subsidized, more than inconsequentially, by public funds,
including the school's activity funds or minimum school program
dollars.
(b)
"Provided, sponsored, or supported by a school" does not include an activity,
class, or program that meets the criteria of a noncurricular club as described
in Title 53G, Chapter 7, Part 7, Student Clubs.
(15)
(a)
"Provision in lieu of fee waiver" means an alternative to fee payment or waiver
of fee payment.
(b) "Provision in
lieu of fee waiver" does not include a plan under which fees are paid in
installments or under some other delayed payment arrangement.
(16) "Regular school day" has the
same meaning as the term "school day" described in Section
R277-419-2.
(17) "Requested or required by an LEA as a
condition to a student's participation" means something of monetary value that
is impliedly or explicitly mandated or necessary for a student, parent, or
family to provide so that a student may:
(a)
fully participate in school or in a school activity, class, or
program;
(b) successfully complete
a school class for the highest grade; or
(c) avoid a direct or indirect limitation on
full participation in a school activity, class, or program, including
limitations created by:
(i) peer pressure,
shaming, stigmatizing, bullying, or the like; or
(ii) withholding or curtailing any privilege
that is otherwise provided to any other student.
(18) "School day" has the same meaning as
defined in Section R277-419-2.
(19)
(a)
"School equipment" means a durable school-owned machine, equipment, or tool
used by a student as part of an activity, course, or program in a secondary
school.
(b) "School equipment"
includes a saw or 3D printer.
(20)
(a)
"Something of monetary value" means a charge, expense, deposit, rental, fine,
or payment, regardless of how the payment is termed, described, requested or
required directly or indirectly, in the form of money, goods or
services.
(b) "Something of
monetary value" includes:
(i) charges or
expenditures for a school field trip or activity trip, including related
transportation, food, lodging, and admission charges;
(ii) payments made to a third party that
provide a part of a school activity, class, or program;
(iii) classroom supplies or materials;
and
(iv) a fine, except for 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
(C)
improper use of school property, including a parking violation.
(c) "Something of
monetary value" does not include a payment or charge for damages, which may
reasonably be attributed to normal wear and tear.
(21)
(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 (20)(b) if the requirement from the school
for the student supply includes specific requirements such as brand, color, or
a special imprint to create a uniform appearance not related to basic
function.
(22)
"Supplemental Nutrition Assistance Program" or "SNAP" means a program, formerly
known as food stamps, which provides nutrition benefits to supplement the food
budget of low income families through the Utah Department of Workforce
Services.
(23) "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.
(24) "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.
(25)
(a)
"Textbook" means instructional material necessary for participation in an
activity, course or program, regardless of the format of the
material.
(b) "Textbook" includes:
(i) hard copy book or printed pages of
instructional material, including a consumable workbook;
(ii) computer hardware, software, or digital
content; and
(iii) the maintenance
costs of school equipment.
(c) "Textbook" does not include:
(i) instructional equipment; or
(ii) instructional supplies.
(26) "Waiver" means a
full release from the requirement of payment of a fee and from any provision in
lieu of fee payment.
