S.B. 146 Enrolled

SCHOOL FEE WAIVERS AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
AN ACT RELATING TO PUBLIC SCHOOLS; ESTABLISHING THE PRESUMPTION THAT
STUDENTS WILL PAY THE FEES ASSOCIATED WITH COURSES THEY ARE
REPEATING OR REMEDIATION; PROVIDING ALTERNATIVES TO WAIVING THE FEES
IN CASES OF FINANCIAL HARDSHIP; PROVIDING FOR A PARTIAL OR FULL WAIVER
IN CASES OF EXTREME HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-12-103, as last amended by Chapter 318, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-12-103 is amended to read:
53A-12-103. Waiver of fees.
(1) (a) A local school board shall require, as part of an authorization granted under Section
53A-12-102 , that adequate waivers or other provisions are available to ensure that no student is
denied the opportunity to participate because of an inability to pay the required fee, deposit, or
charge.
(b) (i) If, however, a student must repeat a course or requires remediation to advance or
graduate and a fee is associated with the course or the remediation program, it is presumed that the
student will pay the fee.
(ii) If the student or the student's parent or guardian is financially unable to pay the fee, the
board shall provide for alternatives to waiving the fee, which may include installment payments and
school or community service or work projects for the student.
(iii) In cases of extreme financial hardship or where the student has suffered a long-term
illness, or death in the family, or other major emergency and where installment payments and the
imposition of a service or work requirement would not be reasonable, the student may receive a
partial or full waiver of the fee required under Subsection (1)(b)(i).

(iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits, and
charges made in the secondary schools.
(2) (a) The board shall require each school in the district that charges a fee under this chapter
to provide a variety of alternatives for satisfying the fee requirement to those who qualify for fee
waivers, in addition to the outright waiver of the fee.
(b) The board shall develop and provide a list of alternatives for the schools, including such
options as allowing the student to provide:
(i) tutorial assistance to other students;
(ii) assistance before or after school to teachers and other school personnel on school related
matters; and
(iii) general community or home service.
(c) Each school may add to the list of alternatives provided by the board, subject to approval
by the board.
(3) A local school board may establish policies providing for partial fee waivers or other
alternatives for those students who, because of extenuating circumstances, are not in a financial
position to pay the entire fee.
(4) With regard to children who are in the custody of the Division of Child and Family
Services who are also eligible under Title IV-E of the federal Social Security Act, local school boards
shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
Section 2. Effective date.
This act takes effect on July 1, 2000.

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