Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-407 - School Fees
Section R277-407-9 - Service In Lieu of Fees - Voluntary Requests for Installment Plans
Universal Citation: UT Admin Code R 277-407-9
Current through Bulletin 2024-06, March 15, 2024
(1) Subject to the requirements of Subsection (2), an LEA may allow a student to perform service in lieu of a fee, but service in lieu of a fee may not be required.
(2) An LEA may allow a student to perform service in lieu of a fee if:
(a) the LEA
establishes a service policy that ensures that a service assignment is
appropriate to the:
(i) age of the
student;
(ii) physical condition of
the student; and
(iii) maturity of
the student;
(b) the
LEA's service policy is consistent with state and federal laws, including:
(i) Section
53G-7-504; and
(ii) the Federal Fair Labor Standards Act,
29 U.S.C.
201;
(c) the service can be performed within a
reasonable period; and
(d) the
service is at least equal to the minimum wage for each hour of
service.
(3)
(a) A student who performs service may not be
treated differently than other students who pay a fee.
(b) The service may not create an
unreasonable burden for a student or parent and may not be of such a nature as
to demean or stigmatize the student.
(4) An LEA shall transfer a student's service credit to:
(a) another school within the LEA;
or
(b) another LEA upon request of
the student.
(5)
(a) An LEA may make an installment payment
plan available to a parent or student to pay for a fee.
(b) An installment payment plan described in
Subsection (5)(a) may not be required in lieu of a fee waiver.
(6) An LEA that charges fees shall adopt policies that include at least the following:
(a) a process for obtaining waivers or
pursuing alternatives that is administered fairly, objectively, and without
delay, and avoids stigma and unreasonable burdens on students and
families;
(b) a process with no
visible indicators that could lead to identification of fee waiver
applicants;
(c) a process that
complies with the privacy requirements of The Family Educational Rights and
Privacy Act of 1974, 20
U.S.C. 1232g (FERPA);
(d) a student may not collect fees or assist
in the fee waiver approval process;
(e) a standard written decision and appeal
form is provided to every applicant; and
(f) during an appeal the requirement that the
fee be paid is suspended.
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