H.B. 68

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 17, 2007 at 10:17 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Mon, Jan 22, 2007 at 1:13 PM by ddonat. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Mon, Jan 22, 2007 at 1:34 PM by ddonat. --> 1

SCHOOL FEE WAIVER AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaWanna Lou Shurtliff
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill allows the State Board of Education to distribute funds to certain school
10 districts impacted by fee waivers.
11 Highlighted Provisions:
12 This bill:
13 . establishes criteria for the distribution of the funds; H. [ and ]
13a . beginning on July 1, 2009, makes compensation for impacts of fee waivers
13b conditioned upon compliance with certain financial reporting requirements; and .H
14 . prescribes the amount of funds an impacted school district may receive.
15 Monies Appropriated in this Bill:
16 This bill appropriates:
17 . as an ongoing appropriation subject to future budget constraints, H. [ $900,000 ]
17a $1,500,000 .H from the
18 Uniform School Fund for fiscal year 2007-08 to the State Board of Education.
19 Other Special Clauses:
20 This bill takes effect on July 1, 2007.
21 Utah Code Sections Affected:
22 AMENDS:
23 53A-12-103, as last amended by Chapter 119, Laws of Utah 2005
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53A-12-103 is amended to read:

27 53A-12-103. Waiver of fees.

28 (1) (a) A local school board shall require, as part of an authorization granted under
29 Section 53A-12-102 , that adequate waivers or other provisions are available to ensure that no
30 student is denied the opportunity to participate because of an inability to pay the required fee,
31 deposit, or charge.
32 (b) (i) If, however, a student must repeat a course or requires remediation to advance or
33 graduate and a fee is associated with the course or the remediation program, it is presumed that
34 the student will pay the fee.
35 (ii) If the student or the student's parent or guardian is financially unable to pay the fee,
36 the board shall provide for alternatives to waiving the fee, which may include installment
37 payments and school or community service or work projects for the student.
38 (iii) In cases of extreme financial hardship or where the student has suffered a
39 long-term illness, [or] death in the family, or other major emergency and where installment
40 payments and the imposition of a service or work requirement would not be reasonable, the
41 student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
42 (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
43 and charges made in the secondary schools.
44 (2) (a) The board shall require each school in the district that charges a fee under this
45 chapter to provide a variety of alternatives for satisfying the fee requirement to those who
46 qualify for fee waivers, in addition to the outright waiver of the fee.
47 (b) The board shall develop and provide a list of alternatives for the schools, including
48 such options as allowing the student to provide:
49 (i) tutorial assistance to other students;
50 (ii) assistance before or after school to teachers and other school personnel on school
51 related matters; and
52 (iii) general community or home service.
53 (c) Each school may add to the list of alternatives provided by the board, subject to
54 approval by the board.
55 (3) A local school board may establish policies providing for partial fee waivers or
56 other alternatives for those students who, because of extenuating circumstances, are not in a
57 financial position to pay the entire fee.
58 (4) With regard to children who are in the custody of the Division of Child and Family

59 Services who are also eligible under Title IV-E of the federal Social Security Act, local school
60 boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
61 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
62 State Board of Education shall make rules:
63 (a) requiring a parent or guardian of a student applying for a fee waiver to provide
64 documentation and certification to the school verifying:
65 (i) the student's eligibility to receive the waiver; and
66 (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
67 been complied with to the fullest extent reasonably possible according to the individual
68 circumstances of both the fee waiver applicant and the school; and
69 (b) specifying the acceptable forms of documentation for the requirement under
70 Subsection (5)(a), which shall include verification based on income tax returns or current pay
71 stubs.
72 (6) Notwithstanding the requirements under Subsection (5), a school is not required to
73 keep documentation on file after the verification is completed.
74 (7) (a) The State Board of Education shall distribute funds appropriated to compensate
75 school districts for impacts of fee waivers as provided in this Subsection (7).
76 (b) Each school district shall H. :
76a (i) .H receive H. :
76b (A) .H up to $40 per student in grades 9 through 12
77 H. [ eligible for ] granted .H fee waivers H. [ . ] ; and
77a (B) no more than the total actual value of the fee waivers granted by the school
77b district; and
77c (ii) transfer funds received under Subsection (7)(b)(i) to the schools that granted fee
77d waivers in proportion to the amount of granted fee waivers in each school. .H
78 (c) The State Board of Education shall make rules specifying procedures for the
79 application for and distribution of funds under this Subsection (7).
79a H. (d) Beginning on July 1, 2009, a school district or charter school may not receive a
79b distribution of funds under this Subsection (7) unless the school district or charter school
79c accounts for revenues collected and expended at the school level in accordance with rules of
79d the State Board of Education which shall:
79e (i) require that revenues collected and expended at the school level be classified in

79f accordance with a uniform chart of accounts;
79g (ii) provide for the identification of revenues from fees and how fees are expended; and

79h (iii) require that revenues collected and expended at the school level be:
79i (A) reported to the state superintendent for inclusion in the annual report of the state
79j superintendent provided by Section 53A-1-301 ; and
79k (B) included in the annual audit report required under Section 51-2a-201. .H
80 Section 2. Appropriation.
81 As an ongoing appropriation subject to future budget constraints, there is appropriated

82 from the Uniform School Fund for fiscal year 2007-08, H. [ $900,000 ] $1,500,000 .H to the
82a State Board of
83 Education to distribute to school districts impacted by fee waivers as provided by Section
84 53A-12-103 .
85 Section 3. Effective date.
86 This bill takes effect on July 1, 2007.

Legislative Review Note
as of 11-16-06 10:24 AM

Office of Legislative Research and General Counsel