S.B. 146

1

SCHOOL FEE WAIVERS AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO PUBLIC SCHOOLS; ESTABLISHING THE PRESUMPTION THAT
6 STUDENTS WILL PAY THE FEES ASSOCIATED WITH COURSES THEY ARE
7 REPEATING OR REMEDIATION; PROVIDING ALTERNATIVES TO WAIVING THE FEES
8 IN CASES OF FINANCIAL HARDSHIP; PROVIDING FOR A PARTIAL OR FULL WAIVER
9 IN CASES OF EXTREME HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 53A-12-103, as last amended by Chapter 318, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53A-12-103 is amended to read:
15 53A-12-103. Waiver of fees.
16 (1) (a) A local school board shall require, as part of an authorization granted under Section
17 53A-12-102 , that adequate waivers or other provisions are available to ensure that no student is
18 denied the opportunity to participate because of an inability to pay the required fee, deposit, or
19 charge.
20 (b) (i) If, however, a student must repeat a course or requires remediation to advance or
21 graduate and a fee is associated with the course or the remediation program, it is presumed that the
22 student will pay the fee.
23 (ii) If the student or the student's parent or guardian is financially unable to pay the fee, the
24 board shall provide for alternatives to waiving the fee, which may include installment payments
25 and school or community service or work projects for the student.
26 (iii) In cases of extreme financial hardship where installment payments and the imposition
27 of a service or work requirement would not be reasonable, the student may receive a partial or full

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




Legislative Review Note
as of 1-3-00 8:33 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel