H.B. 101

1

FEE WAIVER REIMBURSEMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill establishes state reimbursement of school fee waivers.
10 Highlighted Provisions:
11 This bill:
12 . establishes state reimbursement of school fee waivers;
13 . requires the State Board of Education to adopt administrative rules;
14 . prescribes conditions for school districts and charter schools to receive the
15 reimbursement; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
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 or charter school governing board shall require, as part of
29 an authorization granted under Section 53A-12-102 , that adequate waivers or other provisions
30 are available to ensure that no student is denied the opportunity to participate because of an
31 inability to pay the required fee, 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] Each school [in the district] that charges a fee
45 under this chapter [to] shall provide a variety of alternatives for satisfying the fee requirement
46 to those who qualify for fee waivers, in addition to the outright waiver of the fee.
47 (b) The local school board or charter school governing board shall develop and provide
48 a list of alternatives [for the schools], including such options as allowing the student to
49 provide:
50 (i) tutorial assistance to other students;
51 (ii) assistance before or after school to teachers and other school personnel on school
52 related matters; and
53 (iii) general community or home service.
54 (c) Each school may add to the list of alternatives provided by the board, subject to
55 approval by the board.
56 (3) A local school board or charter school governing board may establish policies
57 providing for partial fee waivers or other alternatives for those students who, because of
58 extenuating circumstances, are not in a financial position to pay the entire fee.

59 (4) With regard to children who are in the custody of the Division of Child and Family
60 Services who are also eligible under Title IV-E of the federal Social Security Act, a local
61 school [boards] board or charter school governing board shall require fee waivers or
62 alternatives in accordance with Subsections (1) through (3).
63 (5) (a) The State Board of Education shall reimburse a school district or charter school
64 for the actual cost of fee waivers granted to eligible students in grades seven through twelve
65 pursuant to this section, except that the reimbursement amount per eligible student may not
66 exceed the fee waiver schedule amount in place in that school district or charter school at the
67 beginning of the 2006-07 school year.
68 (b) A school district or charter school may only receive a reimbursement under this
69 Subsection (5) if the school district or charter school complies with rules adopted pursuant to
70 Subsection (6).
71 [(5)] (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
72 Act, the State Board of Education shall make rules:
73 (a) requiring a parent or guardian of a student applying for a fee waiver to provide
74 documentation and certification to the school verifying:
75 (i) the student's eligibility to receive the waiver; and
76 (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
77 been complied with to the fullest extent reasonably possible according to the individual
78 circumstances of both the fee waiver applicant and the school; [and]
79 (b) specifying the acceptable forms of documentation for the requirement under
80 Subsection [(5)] (6)(a), which shall include verification based on income tax returns or current
81 pay stubs[.];
82 (c) specifying procedures for the application for and distribution of funds under
83 Subsection (5); and
84 (d) requiring that a school district or charter school receiving funds pursuant to this
85 section:
86 (i) classify revenues collected and expended at the school level in accordance with a
87 uniform chart of accounts;
88 (ii) separately identify revenues from fees;
89 (iii) separately identify how revenues from fees are expended;

90 (iv) report revenues collected and expended at the school level:
91 (A) to the state superintendent, for inclusion in the annual report of the state
92 superintendent provided by Section 53A-1-301 ; and
93 (B) as part of the annual audit report required under Section 51-2a-201 ; and
94 (v) fully allocate reimbursement funds to affected schools in proportion to the amount
95 of fee waivers granted.
96 [(6)] (7) Notwithstanding the requirements under [Subsection (5)] Subsections (6)(a)
97 and (b), a school is not required to keep documentation on file after the verification is
98 completed.
99 Section 2. Effective date.
100 This bill takes effect on July 1, 2007.




Legislative Review Note
as of 1-4-07 10:57 AM

Office of Legislative Research and General Counsel