First Substitute H.B. 68

Representative LaWanna Lou Shurtliff proposes the following substitute bill:

1 SCHOOL FEE WAIVER AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaWanna Lou Shurtliff
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill provides compensation to school districts and charter schools for impacts of
10 fee waivers.
11 Highlighted Provisions:
12 This bill:
13 . appropriates money to compensate school districts and charter schools for impacts
14 of fee waivers;
15 . allows school districts and charter schools to receive up to $40 per student given a
16 fee waiver;
17 . beginning on July 1, 2008, makes compensation for impacts of fee waivers
18 contingent upon compliance with certain financial reporting requirements; and
19 . directs the State Board of Education to make rules.
20 Monies Appropriated in this Bill:
21 This bill appropriates:
22 . as an ongoing appropriation subject to future budget constraints, $1,500,000 from
23 the Uniform School Fund for fiscal year 2006-07 to the State Board of Education.
24 Other Special Clauses:
25 This bill takes effect on July 1, 2006.

26 Utah Code Sections Affected:
27 AMENDS:
28 53A-12-103, as last amended by Chapter 119, Laws of Utah 2005
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-12-103 is amended to read:
32 53A-12-103. Waiver of fees.
33 (1) (a) A local school board or charter school governing board shall require, as part of
34 an authorization granted under Section 53A-12-102 , that adequate waivers or other provisions
35 are available to ensure that no student is denied the opportunity to participate because of an
36 inability to pay the required fee, deposit, or charge.
37 (b) (i) If, however, a student must repeat a course or requires remediation to advance or
38 graduate and a fee is associated with the course or the remediation program, it is presumed that
39 the student will pay the fee.
40 (ii) If the student or the student's parent or guardian is financially unable to pay the fee,
41 the board shall provide for alternatives to waiving the fee, which may include installment
42 payments and school or community service or work projects for the student.
43 (iii) In cases of extreme financial hardship or where the student has suffered a
44 long-term illness, [or] death in the family, or other major emergency and where installment
45 payments and the imposition of a service or work requirement would not be reasonable, the
46 student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
47 (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
48 and charges made in the secondary schools.
49 (2) (a) [The board shall require each] Each school [in the district] that charges a fee
50 under this chapter [to] shall provide a variety of alternatives for satisfying the fee requirement
51 to those who qualify for fee waivers, in addition to the outright waiver of the fee.
52 (b) The local school board or charter school governing board shall develop and provide
53 a list of alternatives [for the schools], including such options as allowing the student to
54 provide:
55 (i) tutorial assistance to other students;
56 (ii) assistance before or after school to teachers and other school personnel on school

57 related matters; and
58 (iii) general community or home service.
59 (c) Each school may add to the list of alternatives provided by the board, subject to
60 approval by the board.
61 (3) A local school board or charter school governing board may establish policies
62 providing for partial fee waivers or other alternatives for those students who, because of
63 extenuating circumstances, are not in a financial position to pay the entire fee.
64 (4) With regard to children who are in the custody of the Division of Child and Family
65 Services who are also eligible under Title IV-E of the federal Social Security Act, local school
66 boards and charter school governing boards shall require fee waivers or alternatives in
67 accordance with Subsections (1) through (3).
68 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
69 State Board of Education shall make rules:
70 (a) requiring a parent or guardian of a student applying for a fee waiver to provide
71 documentation and certification to the school verifying:
72 (i) the student's eligibility to receive the waiver; and
73 (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
74 been complied with to the fullest extent reasonably possible according to the individual
75 circumstances of both the fee waiver applicant and the school; and
76 (b) specifying the acceptable forms of documentation for the requirement under
77 Subsection (5)(a), which shall include verification based on income tax returns or current pay
78 stubs.
79 (6) Notwithstanding the requirements under Subsection (5), a school is not required to
80 keep documentation on file after the verification is completed.
81 (7) (a) The State Board of Education shall distribute funds appropriated to compensate
82 school districts and charter schools for impacts of fee waivers as provided in this Subsection
83 (7).
84 (b) The State Board of Education shall distribute the funds to school districts and
85 charter schools on the basis of the number of students given fee waivers in each school district
86 and charter school.
87 (c) Each school district and charter school shall receive up to $40 for each student

88 given a fee waiver, but a school district or charter school may not receive an amount per
89 student that exceeds the school district's or charter school's average fee waiver.
90 (d) The State Board of Education shall make rules specifying procedures for the
91 application for and distribution of funds under this Subsection (7).
92 (e) Beginning on July 1, 2008, a school district or charter school may not receive a
93 distribution of funds under this Subsection (7) unless the school district or charter school
94 accounts for revenues collected and expended at the school level in accordance with rules of
95 the State Board of Education which shall:
96 (i) require that revenues collected and expended at the school level be classified in
97 accordance with a uniform chart of accounts;
98 (ii) provide for the identification of revenues from fees and how fees are expended; and
99 (iii) require that revenues collected and expended at the school level be:
100 (A) reported to the state superintendent for inclusion in the annual report of the state
101 superintendent provided by Section 53A-1-301 ; and
102 (B) included in the annual audit report required under Section 51-2a-201 .
103 Section 2. Appropriation.
104 As an ongoing appropriation subject to future budget constraints, there is appropriated
105 from the Uniform School Fund for fiscal year 2006-07, $1,500,000 to the State Board of
106 Education to compensate school districts and charter schools for impacts of fee waivers as
107 provided by Section 53A-12-103 .
108 Section 3. Effective date.
109 This bill takes effect on July 1, 2006.