H.B. 169

1

APPROPRIATION FOR SCHOOL DISTRICTS
2 IMPACTED BY FEE WAIVERS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LaWanna Lou Shurtliff
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; and
14 . prescribes the amount of funds an impacted school district may receive.
15 Monies Appropriated in this Bill:
16 This bill appropriates as an ongoing appropriation subject to future budget constraints,
17 $500,000 from the Uniform School Fund for fiscal year 2005-06 to the State Board of
18 Education.
19 Other Special Clauses:
20 This bill takes effect on July 1, 2005.
21 Utah Code Sections Affected:
22 AMENDS:
23 53A-12-103, as last amended by Chapter 111, Laws of Utah 2000
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 (v) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
45 State Board of Education shall make rules:
46 (A) requiring a parent or guardian of a student applying for a fee waiver to provide
47 documentation and certification to the school verifying:
48 (I) the student's eligibility to receive the waiver; and
49 (II) the alternatives for satisfying the fee requirements under Subsection (2) have been
50 complied with to the fullest extent reasonably possible according to the individual
51 circumstances of both the fee waiver applicant and the school; and
52 (B) specifying the acceptable forms of documentation for the requirement under
53 Subsection (1)(b)(v)(A), which shall include a verification based on income tax returns if the
54 parent or guardian was required to file a return.
55 (2) (a) The board shall require each school in the district that charges a fee under this
56 chapter to provide a variety of alternatives for satisfying the fee requirement to those who
57 qualify for fee waivers, in addition to the outright waiver of the fee.
58 (b) The board shall develop and provide a list of alternatives for the schools, including

59 such options as allowing the student to provide:
60 (i) tutorial assistance to other students;
61 (ii) assistance before or after school to teachers and other school personnel on school
62 related matters; and
63 (iii) general community or home service.
64 (c) Each school may add to the list of alternatives provided by the board, subject to
65 approval by the board.
66 (3) A local school board may establish policies providing for partial fee waivers or
67 other alternatives for those students who, because of extenuating circumstances, are not in a
68 financial position to pay the entire fee.
69 (4) With regard to children who are in the custody of the Division of Child and Family
70 Services who are also eligible under Title IV-E of the federal Social Security Act, local school
71 boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
72 (5) (a) To compensate school districts for impacts of fee waivers, the State Board of
73 Education may distribute funds to school districts as provided in this Subsection (5).
74 (b) Each school district shall receive up to $40 per student in grades 9 through 12
75 eligible for free school lunch.
76 (c) The State Board of Education may make rules specifying procedures for the
77 application for and distribution of funds under this Subsection (5).
78 Section 2. Appropriation.
79 As an ongoing appropriation subject to future budget constraints, there is appropriated
80 from the Uniform School Fund for fiscal year 2005-06, $500,000 to the State Board of
81 Education to distribute to school districts impacted by fee waivers as provided by Section
82 53A-12-103 .
83 Section 3. Effective date.
84 This bill takes effect on July 1, 2005.

Legislative Review Note
as of 12-10-04 1:01 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel