H.B. 131

1

SCHOOL FEE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig A. Frank
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill prohibits certain school fees.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . prohibits course fees, rental and use fees, certain charges for student supplies, and
14 textbook fees;
15 . allows extracurricular fees under certain conditions;
16 . links an appropriation item to the value of the weighted pupil unit; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 This bill appropriates:
20 . as an ongoing appropriation subject to future budget constraints, $13,100,000 from
21 the Uniform School Fund.
22 Other Special Clauses:
23 This bill takes effect on July 1, 2009.
24 This bill coordinates with S.B. 1 by providing that certain amendments in this bill
25 supersede the amendments in S.B. 1 and that certain amendments in S.B. 1 supersede
26 the amendments in this bill.
27 This bill coordinates with H.B. 2 by providing that certain amendments in this bill

28 supersede the amendments in H.B. 2 and that certain amendments in H.B. 2 supersede the
29 amendments in this bill.
30 Utah Code Sections Affected:
31 AMENDS:
32 53A-12-103, as last amended by Laws of Utah 2008, Chapter 382
33 53A-17a-104, as last amended by Laws of Utah 2008, Chapters 1 and 397
34 ENACTS:
35 53A-12-101.5, Utah Code Annotated 1953
36 53A-12-102.5, Utah Code Annotated 1953
37 53A-17a-163, Utah Code Annotated 1953
38 REPEALS AND REENACTS:
39 53A-12-102, as enacted by Laws of Utah 1988, Chapter 2
40 REPEALS:
41 53A-12-201, as enacted by Laws of Utah 1988, Chapter 2
42 53A-12-202, as enacted by Laws of Utah 1988, Chapter 2
43 53A-12-203, as enacted by Laws of Utah 1988, Chapter 2
44 53A-12-204, as last amended by Laws of Utah 2002, Chapter 299
45 53A-12-205, as enacted by Laws of Utah 1988, Chapter 2
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 53A-12-101.5 is enacted to read:
49 53A-12-101.5. Definitions.
50 As used in this chapter:
51 (1) "Course fee" means a fee charged relating to any course required for graduation or
52 given credit towards graduation whether to cover instructional costs or to defray certain
53 materials or equipment costs for courses or classes, including arts, music, science, laboratory,
54 physical education, information technology, applied technology education, vocational, home
55 economic, and industrial arts courses.
56 (2) "Extracurricular fee" means a fee charged for student participation in
57 extracurricular activities, including participation fees or dues for clubs, performing groups,
58 sports, school-sponsored activities, social events, and summer programs.

59 (3) (a) "Fee" means a charge or mandatory payment, however designated, whether in
60 the form of money or goods, required of a student or the student's parent or guardian, as a
61 condition for student participation in an activity, class, function, or program provided,
62 sponsored, or supported by or through a public school or school district.
63 (b) "Fee" does not include:
64 (i) charges relating to the National School Lunch Program;
65 (ii) a reasonable deposit collected for a secondary student to secure school property that
66 is returned at the end of the school year unless the deposit is retained to cover damage to the
67 school property caused by the student; and
68 (iii) charges for textbooks, materials, or school supplies that are sold to students by a
69 public school on a voluntary or optional basis, including school publications, class rings,
70 annuals, and similar items.
71 (4) "Rental and use fee" means a fee charged for student use of school property or
72 equipment, including school lockers, musical instruments, uniforms, library access, textbook
73 rental, or parking.
74 (5) "Student supplies" means items or materials that are the personal property of a
75 student which, although used in the instructional process, are also commonly purchased and
76 used by persons not enrolled in the class or activity in question and have a high probability of
77 regular use in other than school-sponsored activities, including pencils, papers, notebooks,
78 crayons, scissors, basic clothing for healthy lifestyle classes, and similar personal or
79 consumable items over which a student retains ownership.
80 (6) (a) "Textbooks" means textbooks and workbooks necessary for participation in any
81 instructional course.
82 (b) "Textbooks" do not include student supplies.
83 Section 2. Section 53A-12-102 is repealed and reenacted to read:
84 53A-12-102. State policy on student fees, deposits, or other charges.
85 (1) A public school may not charge:
86 (a) a fee for students in kindergarten through the sixth grade;
87 (b) a course fee;
88 (c) a rental and use fee; or
89 (d) a textbook fee.

90 (2) A public school may charge reasonable extracurricular fees as authorized by the
91 local school board under rules adopted by the State Board of Education.
92 (3) (a) Students in kindergarten through sixth grades may not be charged for school
93 supplies used in any course or regular school day activity.
94 (b) (i) Students of all grade levels may be required to provide materials for their
95 optional projects, but a student may not be required to select an optional project as a condition
96 for enrolling in or completing a course.
97 (ii) Project-related courses must be based upon projects and experiences that are free to
98 all students.
99 (c) (i) Student supplies shall be provided for elementary students.
100 (ii) Notwithstanding Subsection (3)(c)(i), a student may be required to replace supplies
101 provided by the school which are lost, wasted, or damaged by the student through careless or
102 irresponsible behavior.
103 (d) Secondary students may be required to provide their own school supplies, subject to
104 the fee waiver provisions in Section 53A-12-103 .
105 Section 3. Section 53A-12-102.5 is enacted to read:
106 53A-12-102.5. State policy on textbooks.
107 (1) It is the public policy of this state that public education shall be free.
108 (2) The State Board of Education shall adopt rules necessary to ensure satisfactory
109 distribution and proper care of textbooks on a statewide basis.
110 (3) Each local school board shall provide, free of charge, textbooks and workbooks
111 required for courses of instruction for each child attending public schools.
112 (4) A local school board, under rules adopted by the State Board of Education, may
113 purchase textbooks for use in the public schools directly from the publisher at prices and terms
114 approved by the state board and may sell those books to pupils in grades 9 through 12 at a cost
115 not to exceed the actual cost of the book plus costs of transportation and handling.
116 (5) The local school board shall also purchase all books necessary for teachers to
117 conduct their classes.
118 (6) The cost of furnishing textbooks and workbooks may be paid from school operating
119 funds or from other available funds.
120 Section 4. Section 53A-12-103 is amended to read:

121 53A-12-103. Waiver of fees.
122 (1) [(a)] A local school board shall require, as part of an authorization granted under
123 Section 53A-12-102 , that adequate waivers or other provisions are available to ensure that no
124 student is denied the opportunity to participate because of an inability to pay the required fee[,]
125 or deposit[, or charge].
126 [(b) (i) If, however, a student must repeat a course or requires remediation to advance
127 or graduate and a fee is associated with the course or the remediation program, it is presumed
128 that the student will pay the fee.]
129 [(ii) If the student or the student's parent or guardian is financially unable to pay the
130 fee, the board shall provide for alternatives to waiving the fee, which may include installment
131 payments and school or community service or work projects for the student.]
132 [(iii) In cases of extreme financial hardship or where the student has suffered a
133 long-term illness, or death in the family, or other major emergency and where installment
134 payments and the imposition of a service or work requirement would not be reasonable, the
135 student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).]
136 [(iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
137 and charges made in the secondary schools.]
138 (2) (a) The board shall require each school in the district that charges a fee under this
139 chapter to provide a variety of alternatives for satisfying the fee requirement to those who
140 qualify for fee waivers, in addition to the outright waiver of the fee.
141 (b) The board shall develop and provide a list of alternatives for the schools, including
142 such options as allowing the student to provide:
143 (i) tutorial assistance to other students;
144 (ii) assistance before or after school to teachers and other school personnel on school
145 related matters; and
146 (iii) general community or home service.
147 (c) Each school may add to the list of alternatives provided by the board, subject to
148 approval by the board.
149 (3) A local school board may establish policies providing for partial fee waivers or
150 other alternatives for those students who, because of extenuating circumstances, are not in a
151 financial position to pay the entire fee.

152 (4) With regard to children who are in the custody of the Division of Child and Family
153 Services who are also eligible under Title IV-E of the federal Social Security Act, local school
154 boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
155 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
156 State Board of Education shall make rules:
157 (a) requiring a parent or guardian of a student applying for a fee waiver to provide
158 documentation and certification to the school verifying:
159 (i) the student's eligibility to receive the waiver; and
160 (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
161 been complied with to the fullest extent reasonably possible according to the individual
162 circumstances of both the fee waiver applicant and the school; and
163 (b) specifying the acceptable forms of documentation for the requirement under
164 Subsection (5)(a), which shall include verification based on income tax returns or current pay
165 stubs.
166 (6) Notwithstanding the requirements under Subsection (5), a school is not required to
167 keep documentation on file after the verification is completed.
168 Section 5. Section 53A-17a-104 is amended to read:
169 53A-17a-104. Amount of state's contribution toward minimum school program.
170 (1) The total contribution of the state toward the cost of the minimum school program
171 may not exceed the sum of $2,497,012,086 for the fiscal year beginning July 1, 2008, except as
172 otherwise provided by the Legislature through supplemental appropriations.
173 (2) There is appropriated from state and local funds for fiscal year 2008-09 for
174 distribution to school districts and charter schools, in accordance with this chapter, monies for
175 the following purposes and in the following amounts:
176 (a) basic program - kindergarten, $65,182,638 (25,294 WPUs);
177 (b) basic program - grades 1-12, $1,258,253,751 (488,263 WPUs);
178 (c) basic program - professional staff, $116,307,741 (45,133 WPUs);
179 (d) basic program - administrative costs, $4,174,740 (1,620 WPUs);
180 (e) basic program - necessarily existent small schools and units for consolidated
181 schools, $19,711,473 (7,649 WPUs);
182 (f) special education - regular program - add-on WPUs for students with disabilities,

183 $155,789,958 (60,454 WPUs);
184 (g) preschool special education program, $22,082,313 (8,569 WPUs);
185 (h) self-contained regular WPUs, $34,573,032 (13,416 WPUs);
186 (i) extended year program for severely disabled, $968,952 (376 WPUs);
187 (j) special education programs in state institutions and district impact aid, $4,293,282
188 (1,666 WPUs);
189 (k) career and technical education district programs, $67,530,285 (26,205 WPUs),
190 including $1,154,458 for summer career and technical education agriculture programs;
191 (l) career and technical education district set-aside, $2,878,509 (1,117 WPUs);
192 (m) class size reduction, $88,373,061 (34,293 WPUs);
193 (n) Social Security and retirement programs, $349,906,049;
194 (o) pupil transportation to and from school, $74,446,865, of which not less than
195 $2,584,435 shall be allocated to the Utah Schools for the Deaf and Blind to pay for
196 transportation costs of the schools' students;
197 (p) guarantee transportation levy, $500,000;
198 (q) Local Discretionary Block Grant Program, $21,820,748;
199 (r) Interventions for Student Success Block Grant Program, $18,844,111;
200 (s) Quality Teaching Block Grant Program, $77,615,641;
201 (t) highly impacted schools, $5,123,207;
202 (u) at-risk programs, $31,411,241;
203 (v) adult education, $10,266,146;
204 (w) accelerated learning programs, $4,295,581;
205 (x) concurrent enrollment, $9,672,586;
206 (y) High-ability Student Initiative Program, $500,000;
207 (z) English Language Learner Family Literacy Centers, $2,000,000;
208 (aa) electronic high school, $2,000,000;
209 (bb) School LAND Trust Program, $26,499,500;
210 (cc) charter schools, pursuant to Section 53A-1a-513 , $36,957,646;
211 (dd) charter school administrative costs, $2,898,600;
212 (ee) K-3 Reading Improvement Program, $15,000,000;
213 (ff) Public Education Job Enhancement Program, $2,430,000;

214 (gg) educator salary adjustments, $148,260,200;
215 (hh) Teacher Salary Supplement Restricted Account, $4,300,000;
216 (ii) library books and electronic resources, $1,500,000;
217 (jj) school nurses, $1,000,000;
218 (kk) critical languages, $230,000;
219 (ll) extended year for special educators, $2,900,000;
220 (mm) USTAR Centers, $6,900,000;
221 (nn) state-supported voted leeway, $273,337,346;
222 (oo) state-supported board leeway, $71,575,858; [and]
223 (pp) state-supported board leeway for K-3 Reading Improvement Program,
224 $15,000,000[.]; and
225 (qq) School Fee Replacement Program, $13,100,000 (5,083 WPUs).
226 Section 6. Section 53A-17a-163 is enacted to read:
227 53A-17a-163. School Fee Replacement Program.
228 (1) There is established the School Fee Replacement Program to compensate school
229 districts and charter schools for the fees for secondary students that are prohibited as provided
230 in Title 53A, Chapter 12, Fees and Textbooks.
231 (2) The State Board of Education shall distribute money appropriated in Section
232 53A-17a-104 for the School Fee Replacement Program to school districts and charter schools
233 that enroll secondary students in accordance with a formula adopted by the board, after
234 consultation with school districts and charter schools, that allocates the funding in a fair and
235 equitable manner.
236 (3) The State Board of Education shall make rules in accordance with Title 63G,
237 Chapter 3, Utah Administrative Rulemaking Act, to administer this section.
238 Section 7. Repealer.
239 This bill repeals:
240 Section 53A-12-201, State policy on providing textbooks.
241 Section 53A-12-202, "Textbooks" defined.
242 Section 53A-12-203, Regulation and supervision of distribution of textbooks by
243 board of education.
244 Section 53A-12-204, Purchase of textbooks by local school board -- Sales to pupils

245 -- Free textbooks -- Textbooks provided to teachers -- Payment of costs -- Rental of
246 textbooks.
247 Section 53A-12-205, Free textbook system.
248 Section 8. Appropriation.
249 As an ongoing appropriation subject to future budget constraints, there is appropriated
250 from the General Fund for fiscal year 2008-09, $13,100,000 from the Uniform School Fund.
251 Section 9. Effective date.
252 This bill takes effect on July 1, 2009.
253 Section 10. Coordinating H.B. 131 with H.B. 2 -- Substantively superseding
254 amendments.
255 If this H.B. 131 and H.B. 2, Minimum School Program Budget Amendments, both pass,
256 it is the intent of the Legislature that when the Office of Legislative Research and General
257 Counsel prepares the Utah Code database for publication, the appropriation under Subsection
258 53A-17a-104 (1) in H.B. 2 supersedes the appropriation in Subsection 53A-17a-104 (1) in this
259 bill, except that the appropriation under Subsection 53A-17a-104 (1) in H.B. 2 shall be
260 increased by $13,100,000.
261 Section 11. Coordinating H.B. 131 with S.B. 1 -- Substantively superseding
262 amendments.
263 If this H.B. 131 and S.B. 1, Minimum School Program Base Budget Amendments, both
264 pass, it is the intent of the Legislature that when the Office of Legislative Research and General
265 Counsel prepares the Utah Code database for publication, the appropriation under Subsection
266 53A-17a-104 (1) in S.B. 1 supersedes the appropriation in Subsection 53A-17a-104 (1) in this
267 bill, except that the appropriation under Subsection 53A-17a-104 (1) in S.B. 1 shall be
268 increased by $13,100,000.




Legislative Review Note
as of 12-3-08 9:09 AM

Office of Legislative Research and General Counsel