Current through Bulletin 2024-06, March 15, 2024
(1)
(a) All fees are subject to waiver.
(b) Fees charged for an activity, class, or
program held outside of the regular school day, during the summer, or outside
of an LEA's regular school year are subject to waiver.
(c) Non-waivable charges are not subject to
waiver.
(2)
(a) Except as provided in Subsection (2)(b),
an LEA may not use revenue collected through fees to offset the cost of fee
waivers by requiring students and families who do not qualify for fee waivers
to pay an increased fee amount to cover the costs of students and families who
qualify for fee waivers.
(b) An LEA
may notify students and families that the students and families may voluntarily
pay an increased fee amount or provide a donation to cover the costs of other
students and families.
(3) An LEA 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.
(4) An LEA shall designate
at least one person at an appropriate administrative level in each school to
review and grant fee waiver requests.
(5) An LEA shall administer the process for
obtaining a fee waiver or pursuing an alternative fairly, objectively, without
delay, and in a manner that avoids stigma, embarrassment, undue attention, and
unreasonable burdens on students and parents.
(6) An LEA may not treat a student receiving
a fee waiver or provision in lieu of a fee waiver differently from other
students.
(7) A school may not
identify a student on fee waiver to students, staff members, or other persons
who do not need to know.
(8)
(a) An LEA shall ensure that a fee waiver or
other provision in lieu of fee waiver is available to any student whose parent
cannot pay a fee.
(b) A school or
LEA administrator shall verify fee waivers consistent with this rule.
(9) An LEA shall adopt a fee
waiver policy for review and appeal of fee waiver requests which:
(a) provides parents the opportunity to
review proposed alternatives to fee waivers;
(b) establishes a timely appeal process,
which shall include the opportunity to appeal to the LEA or its designee;
and
(c) suspends any requirement
that a given student pay a fee during any period for which the student's
eligibility for waiver is under consideration or during which an appeal of
denial of a fee waiver is in process.
(10) An LEA may pursue reasonable methods for
collecting student fees, but may not, as a result of unpaid fees:
(a) exclude a student from a school, an
activity, class, or program that is provided, sponsored, or supported by a
school during the regular school day;
(b) refuse to issue a course grade;
or
(c) withhold official student
records, including written or electronic grade reports, class schedules,
diplomas or transcripts.
(11)
(a) A
school may withhold student records in accordance with Subsection
53G-8-212(2)(a).
(b) Notwithstanding Subsection (12)(a), a
school may not withhold any records required for student enrollment or
placement in a subsequent school.
(12) A school is not required to waive a
non-waivable charge.
