7 LONG TITLE
8 General Description:
9 This bill amends provisions related to school fees.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "fee" and other related terms;
13 ▸ with certain exceptions, prohibits a local education agency (LEA) from charging
14 elementary school students a fee;
15 ▸ with certain exceptions, prohibits an LEA from charging a secondary school student
16 a fee for a curricular activity;
17 ▸ in certain circumstances, permits an LEA to charge a secondary school student a fee
18 for a co-curricular or an extracurricular activity;
19 ▸ amends provisions related to a fee waiver;
20 ▸ prohibits an LEA from charging a fee for a textbook;
21 ▸ repeals provisions authorizing citizens to petition a local school board to provide
22 free textbooks; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
30 53E-8-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
31 53E-10-606, as renumbered and amended by Laws of Utah 2018, Chapter 1
32 53G-6-302, as last amended by Laws of Utah 2018, Chapter 64 and renumbered and
33 amended by Laws of Utah 2018, Chapter 3
34 53G-6-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
35 53G-6-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
36 53G-6-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
37 53G-6-701, as enacted by Laws of Utah 2018, Chapter 3
38 53G-7-501, as enacted by Laws of Utah 2018, Chapter 3
39 53G-7-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
40 53G-7-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
41 53G-7-601, as renumbered and amended by Laws of Utah 2018, Chapter 3
42 53G-7-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
43 53G-9-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
44 53G-9-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
45 53G-10-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
46 REPEALS AND REENACTS:
47 53G-7-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
49 53G-7-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
50 53G-7-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53E-8-401 is amended to read:
54 53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind.
55 (1) Except as provided in Subsections (3), (4), and (5), a person is eligible to receive
56 services of the Utah Schools for the Deaf and the Blind if the person is:
57 (a) a resident of Utah;
58 (b) younger than 22 years of age;
59 (c) referred to the Utah Schools for the Deaf and the Blind by the person's school
60 district of residence or a local early intervention program; and
61 (d) identified as deaf, blind, or deafblind through:
62 (i) the special education eligibility determination process; or
63 (ii) the Section 504 eligibility determination process.
64 (2) (a) In diagnosing a person younger than age three who is deafblind, the following
65 information may be used:
66 (i) opthalmological and audiological documentation;
67 (ii) functional vision or hearing assessments and evaluations; or
68 (iii) informed clinical opinion conducted by a person with expertise in deafness,
69 blindness, or deafblindness.
70 (b) Informed clinical opinion shall be:
71 (i) included in the determination of eligibility when documentation is incomplete or not
72 conclusive; and
73 (ii) based on pertinent records related to the individual's current health status and
74 medical history, an evaluation and observations of the individual's level of sensory functioning,
75 and the needs of the family.
76 (3) (a) A student who qualifies for special education shall have services and placement
77 determinations made through the IEP process.
78 (b) A student who qualifies for accommodations under Section 504 shall have services
79 and placement determinations made through the Section 504 team process.
80 (c) A parent or legal guardian of a child who is deaf, blind, or deafblind shall make the
81 final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
82 program or in a school district or charter school program subject to special education federal
83 regulations regarding due process.
84 (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
85 Blind in accordance with rules of the board.
86 (b) [
87 tuition for services provided to a nonresident.
88 (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
89 the Blind under circumstances described in Section 53E-8-408.
90 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
91 this chapter, the board:
92 (a) shall make rules that determine the eligibility of students to be served by the Utah
93 Schools for the Deaf and the Blind; and
94 (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
95 to receive services of the Utah Schools for the Deaf and the Blind if the student is younger than
96 22 years of age.
97 Section 2. Section 53E-10-606 is amended to read:
98 53E-10-606. Payment for an Electronic High School course.
99 (1) Electronic High School courses are provided to students who are Utah residents, as
100 defined in Section 53G-6-302, free of charge.
101 (2) [
102 may enroll in an Electronic High School [
103 that the course can accommodate an additional [
104 Section 3. Section 53G-6-302 is amended to read:
105 53G-6-302. Child's school district of residence -- Determination -- Responsibility
106 for providing educational services.
107 (1) As used in this section:
108 (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
109 (b) "Human services program" means the same as that term is defined in Section
111 (2) The school district of residence of a minor child whose custodial parent or legal
112 guardian resides within Utah is:
113 (a) the school district in which the custodial parent or legal guardian resides; or
114 (b) the school district in which the child resides:
115 (i) while in the custody or under the supervision of a Utah state agency;
116 (ii) while under the supervision of a private or public agency which is in compliance
117 with Section 62A-4a-606 and is authorized to provide child placement services by the state;
118 (iii) while living with a responsible adult resident of the district, if a determination has
119 been made in accordance with rules made by the State Board of Education in accordance with
120 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
121 (A) the child's physical, mental, moral, or emotional health will best be served by
122 considering the child to be a resident for school purposes;
123 (B) exigent circumstances exist that do not permit the case to be appropriately
124 addressed under Section 53G-6-402; and
125 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
126 does not violate any other law or rule of the State Board of Education;
127 (iv) while the child is receiving services from a health care facility or human services
128 program, if a determination has been made in accordance with rules made by the State Board of
129 Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
130 (A) the child's physical, mental, moral, or emotional health will best be served by
131 considering the child to be a resident for school purposes;
132 (B) exigent circumstances exist that do not permit the case to be appropriately
133 addressed under Section 53G-6-402; and
134 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
135 does not violate any other law or rule of the State Board of Education; or
136 (v) if the child is married or has been determined to be an emancipated minor by a
137 court of law or by a state administrative agency authorized to make that determination.
138 (3) A minor child whose custodial parent or legal guardian does not reside in the state
139 is considered to be a resident of the district in which the child lives, unless that designation
140 violates any other law or rule of the State Board of Education, if:
141 (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
142 (b) the child lives with a resident of the district who is a responsible adult and whom
143 the district agrees to designate as the child's legal guardian under Section 53G-6-303;
144 (c) if permissible under policies adopted by a local school board, it is established to the
145 satisfaction of the local school board that:
146 (i) the child lives with a responsible adult who is a resident of the district and is the
147 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
148 (ii) the child's presence in the district is not for the primary purpose of attending the
149 public schools;
150 (iii) the child's physical, mental, moral, or emotional health will best be served by
151 considering the child to be a resident for school purposes; and
152 (iv) the child is prepared to abide by the rules and policies of the school and school
153 district in which attendance is sought; or
154 (d) it is established to the satisfaction of the local school board that:
155 (i) the child's parent or guardian moves from the state;
156 (ii) the child's parent or guardian executes a power of attorney under Section 75-5-103
158 (A) meets the requirements of Subsection (4); and
159 (B) delegates powers regarding care, custody, or property, including schooling, to a
160 responsible adult with whom the child resides;
161 (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
163 (iv) the child's physical, mental, moral, or emotional health will best be served by
164 considering the child to be a resident for school purposes;
165 (v) the child is prepared to abide by the rules and policies of the school and school
166 district in which attendance is sought; and
167 (vi) the child's attendance in the school will not be detrimental to the school or school
169 (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
170 district may require the person with whom the child lives to be designated as the child's
171 custodian in a durable power of attorney, issued by the party who has legal custody of the child,
172 granting the custodian full authority to take any appropriate action, including authorization for
173 educational or medical services, in the interests of the child.
174 (b) Both the party granting and the party empowered by the power of attorney shall
175 agree to:
176 (i) assume responsibility for any fees [
177 53G-7-501, relating to the child's education in the district; and
178 (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
179 school district with all financial information requested by the district for purposes of
180 determining eligibility for fee waivers.
181 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
182 this section and accepted by the school district shall remain in force until the earliest of the
183 following occurs:
184 (i) the child reaches the age of 18, marries, or becomes emancipated;
185 (ii) the expiration date stated in the document; or
186 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
187 or by order of a court of competent jurisdiction.
188 (5) A power of attorney does not confer legal guardianship.
189 (6) Each school district is responsible for providing educational services for all
190 children of school age who are residents of the district.
191 Section 4. Section 53G-6-303 is amended to read:
192 53G-6-303. Guardianship for residency purposes by responsible adult --
193 Procedure to obtain -- Termination.
194 (1) For purposes of this part, "responsible adult" means a person 21 years of age or
195 older who is a resident of this state and is willing and able to provide reasonably adequate food,
196 clothing, shelter, and supervision for a minor child.
197 (2) A local board of education may adopt a policy permitting it to designate a
198 responsible adult residing in the school district as legal guardian of a child whose custodial
199 parent or legal guardian does not reside within the state upon compliance with the following
201 (a) submission to the school district of a signed and notarized affidavit by the child's
202 custodial parent or legal guardian stating that:
203 (i) the child's presence in the district is not for the primary purpose of attending the
204 public schools;
205 (ii) the child's physical, mental, moral, or emotional health would best be served by a
206 transfer of guardianship to the Utah resident;
207 (iii) the affiant is aware that designation of a guardian under this section is equivalent
208 to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
209 existing parental or guardianship rights in the same manner as would occur under a
210 court-ordered guardianship;
211 (iv) the affiant consents and submits to any such suspension or termination of parental
212 or guardianship rights;
213 (v) the affiant consents and submits to the jurisdiction of the state district court in
214 which the school district is located in any action relating to the guardianship or custody of the
215 child in question;
216 (vi) the affiant designates a named responsible adult as agent, authorized to accept
217 service on behalf of the affiant of any process, notice, or demand required or permitted to be
218 served in connection with any action under Subsection (2)(a)(v); and
219 (vii) it is the affiant's intent that the child become a permanent resident of the state and
220 reside with and be under the supervision of the named responsible adult;
221 (b) submission to the school district of a signed and notarized affidavit by the
222 responsible adult stating that:
223 (i) the affiant is a resident of the school district and desires to become the guardian of
224 the child;
225 (ii) the affiant consents and submits to the jurisdiction of the state district court in
226 which the school district is located in any action relating to the guardianship or custody of the
227 child in question;
228 (iii) the affiant will accept the responsibilities of guardianship for the duration,
229 including the responsibility to provide adequate supervision, discipline, food, shelter,
230 educational and emotional support, and medical care for the child if designated as the child's
231 guardian; and
232 (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
233 (c) submission to the school district of a signed and notarized affidavit by the child
234 stating that:
235 (i) the child desires to become a permanent resident of Utah and reside with and be
236 responsible to the named responsible adult; and
237 (ii) the child will abide by all applicable rules of any public school which the child may
238 attend after guardianship is awarded; and
239 (d) if the child's custodial parent or legal guardian cannot be found in order to execute
240 the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
241 to that effect to the district. The district shall also submit a copy of the statement to the
242 Criminal Investigations and Technical Services Division of the Department of Public Safety,
243 established in Section 53-10-103.
244 (3) The district may require the responsible adult, in addition to the documents set forth
245 in Subsection (2), to also submit any other documents which are relevant to the appointment of
246 a guardian of a minor or which the district reasonably believes to be necessary in connection
247 with a given application to substantiate any claim or assertion made in connection with the
248 application for guardianship.
249 (4) Upon receipt of the information and documentation required under Subsections (2)
250 and (3), and a determination by the board that the information is accurate, that the requirements
251 of this section have been met, and that the interests of the child would best be served by
252 granting the requested guardianship, the school board or its authorized representative may
253 designate the applicant as guardian of the child by issuing a designation of guardianship letter
254 to the applicant.
255 (5) (a) If a local school board has adopted a policy permitting the board to designate a
256 guardian under this section, a denial of an application for appointment of a guardian may be
257 appealed to the district court in which the school district is located.
258 (b) The court shall uphold the decision of the board unless it finds, by clear and
259 convincing evidence, that the board's decision was arbitrary and capricious.
260 (c) An applicant may, rather than appealing the board's decision under Subsection
261 (5)(b), file an original Petition for Appointment of Guardian with the district court, which
262 action shall proceed as if no decision had been made by the school board.
263 (6) A responsible adult obtaining guardianship under this section has the same rights,
264 authority, and responsibilities as a guardian appointed under Section 75-5-201.
265 (7) (a) The school district shall deliver the original documents filed with the school
266 district, together with a copy of the designation of guardianship issued by the district, in person
267 or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
268 the school district is located.
269 (b) The court may not charge the school district a fee for filing guardianship papers
270 under this section.
271 (8) (a) The authority and responsibility of a custodial parent or legal guardian
272 submitting an affidavit under this section may be restored by the district, and the guardianship
273 obtained under this section terminated by the district:
274 (i) upon submission to the school district in which the guardianship was obtained of a
275 signed and notarized statement by the person who consented to guardianship under Subsection
276 (2)(a) requesting termination of the guardianship; or
277 (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
278 termination of the guardianship.
279 (b) If the school district determines that it would not be in the best interests of the child
280 to terminate the guardianship, the district may refer the request for termination to the state
281 district court in which the documents were filed under Subsection (5) for further action
282 consistent with the interests of the child.
283 (9) The school district shall retain copies of all documents required by this section
284 until the child in question has reached the age of 18 unless directed to surrender the documents
285 by a court of competent jurisdiction.
286 (10) (a) Intentional submission to a school district of fraudulent or misleading
287 information under this part is punishable under Section 76-8-504.
288 (b) A school district which has reason to believe that a party has intentionally
289 submitted false or misleading information under this part may, after notice and opportunity for
290 the party to respond to the allegation:
291 (i) void any guardianship, authorization, or action which was based upon the false or
292 misleading information; and
293 (ii) recover, from the party submitting the information, the full cost of any benefits
294 received by the child on the basis of the false or misleading information, including tuition, fees
295 as defined in Section 53G-7-501, and other unpaid school charges, together with any related
296 costs of recovery.
297 (c) A student whose guardianship or enrollment has been terminated under this section
298 may, upon payment of all applicable tuition and fees as defined in Section 53G-7-501, continue
299 in enrollment until the end of the school year unless excluded from attendance for cause.
300 Section 5. Section 53G-6-402 is amended to read:
301 53G-6-402. Open enrollment options -- Procedures -- Registration deposit --
302 Continuing enrollment.
303 (1) Each local school board is responsible for providing educational services consistent
304 with Utah state law and rules of the State Board of Education for each student who resides in
305 the district and, as provided in this section through Section 53G-6-407 and to the extent
306 reasonably feasible, for any student who resides in another district in the state and desires to
307 attend a school in the district.
308 (2) (a) A school is open for enrollment of nonresident students if the enrollment level
309 is at or below the open enrollment threshold.
310 (b) If a school's enrollment falls below the open enrollment threshold, the local school
311 board shall allow a nonresident student to enroll in the school.
312 (3) A local school board may allow enrollment of nonresident students in a school that
313 is operating above the open enrollment threshold.
314 (4) (a) A local school board shall adopt policies describing procedures for nonresident
315 students to follow in applying for entry into the district's schools.
316 (b) Those procedures shall provide, as a minimum, for:
317 (i) distribution to interested parties of information about the school or school district
318 and how to apply for admission;
319 (ii) use of standard application forms prescribed by the State Board of Education;
320 (iii) (A) submission of applications from December 1 through the third Friday in
321 February by those seeking admission during the early enrollment period for the following year;
323 (B) submission of applications from August 1 through November 1 by those seeking
324 admission during the early enrollment period for the following year in a school district
325 described in Subsection 53G-6-401(1)(b);
326 (iv) submission of applications by those seeking admission during the late enrollment
328 (v) written notification to the student's parent or legal guardian of acceptance or
329 rejection of an application:
330 (A) within six weeks after receipt of the application by the district or by March 31,
331 whichever is later, for applications submitted during the early enrollment period;
332 (B) within two weeks after receipt of the application by the district or by the Friday
333 before the new school year begins, whichever is later, for applications submitted during the late
334 enrollment period for admission in the next school year; and
335 (C) within two weeks after receipt of the application by the district, for applications
336 submitted during the late enrollment period for admission in the current year;
337 (vi) written notification to the resident school for intradistrict transfers or the resident
338 district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
339 (vii) written notification to the parents or legal guardians of each student that resides
340 within the school district and other interested parties of the revised early enrollment period
341 described in Subsection 53G-6-401(1)(b) if:
342 (A) the school district is doing a district wide grade reconfiguration of its elementary,
343 middle, junior, and senior high schools; and
344 (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
345 implemented in the next school year.
346 (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
347 applications and notifying parents of acceptance or rejection of an application, a local school
348 board may delay the dates if a local school board is not able to make a reasonably accurate
349 projection of the early enrollment school capacity or late enrollment school capacity of a school
350 due to:
351 (A) school construction or remodeling;
352 (B) drawing or revision of school boundaries; or
353 (C) other circumstances beyond the control of the local school board.
354 (ii) The delay may extend no later than four weeks beyond the date the local school
355 board is able to make a reasonably accurate projection of the early enrollment school capacity
356 or late enrollment school capacity of a school.
357 (5) (a) A school district may charge a one-time [
358 to be paid at the time of application.
359 (b) A school district shall refund the deposit if a nonresident student enrolls and attends
360 the school for which the nonresident paid the fee.
361 (c) The enrollment fee is a fee, as defined in Section 53G-7-501, and a school district
362 shall waive the enrollment fee if a nonresident student is eligible for a fee waiver in accordance
363 with Section 53G-7-504.
364 (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
365 subject to the same rules and standards as resident students, without renewed applications in
366 subsequent years unless one of the following occurs:
367 (a) the student graduates;
368 (b) the student is no longer a Utah resident;
369 (c) the student is suspended or expelled from school; or
370 (d) the district determines that enrollment within the school will exceed the school's
371 open enrollment threshold.
372 (7) (a) Determination of which nonresident students will be excluded from continued
373 enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
374 the school, with those most recently enrolled being excluded first and the use of a lottery
375 system when multiple nonresident students have the same number of school days in the school.
376 (b) Nonresident students who will not be permitted to continue their enrollment shall
377 be notified no later than March 15 of the current school year.
378 (8) The parent or guardian of a student enrolled in a school that is not the student's
379 school of residence may withdraw the student from that school for enrollment in another public
380 school by submitting notice of intent to enroll the student in:
381 (a) the district of residence; or
382 (b) another nonresident district.
383 (9) Unless provisions have previously been made for enrollment in another school, a
384 nonresident district releasing a student from enrollment shall immediately notify the district of
385 residence, which shall enroll the student in the resident district and take such additional steps
386 as may be necessary to ensure compliance with laws governing school attendance.
387 (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
388 schools, whether effective on the first day of the school year or after the school year has begun,
389 by exercising an open enrollment option under this section may not transfer to a different
390 school during the same school year by exercising an open enrollment option under this section.
391 (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
392 student transfer made for health or safety reasons.
393 (c) A local school board may adopt a policy allowing a student to exercise an open
394 enrollment option more than once in a school year.
395 (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
396 that is not the student's school of residence, because school bus service is not provided between
397 the student's neighborhood and school of residence for safety reasons:
398 (a) shall be allowed to continue to attend the school until the student finishes the
399 highest grade level offered; and
400 (b) shall be allowed to attend the middle school, junior high school, or high school into
401 which the school's students feed until the student graduates from high school.
402 (12) Notwithstanding any other provision of this part or Part 3, School District
403 Residency, a student shall be allowed to enroll in any charter school or other public school in
404 any district, including a district where the student does not reside, if the enrollment is
405 necessary, as determined by the Division of Child and Family Services, to comply with the
406 provisions of 42 U.S.C. Section 675.
407 Section 6. Section 53G-6-503 is amended to read:
408 53G-6-503. Charter school students -- Admissions procedures -- Transfers.
409 (1) As used in this section:
410 (a) "District school" means a public school under the control of a local school board
411 elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
413 (b) "Nonresident school district" means a school district other than a student's school
414 district of residence.
415 (c) "School district of residence" means a student's school district of residence as
416 determined under Section 53G-6-302.
417 (d) "School of residence" means the school to which a student is assigned to attend
418 based on the student's place of residence.
419 (2) (a) The State School Board, in consultation with the State Charter School Board,
420 shall make rules describing procedures for students to follow in applying for entry into, or
421 exiting, a charter school.
422 (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
423 (i) posting on a charter school's Internet website, beginning no later than 60 days before
424 the school's initial period of applications:
425 (A) procedures for applying for admission to the charter school;
426 (B) the school's opening date, if the school has not yet opened, or the school calendar;
428 (C) information on how a student may transfer from a charter school to another charter
429 school or a district school;
430 (ii) written notification to a student's parent or legal guardian of an offer of admission;
431 (iii) written acceptance of an offer of admission by a student's parent or legal guardian;
432 (iv) written notification to a student's current charter school or school district of
433 residence upon acceptance of the student for enrollment in a charter school; and
434 (v) the admission of students at:
435 (A) any time to protect the health or safety of a student; or
436 (B) times other than those permitted under standard policies if there are other
437 conditions of special need that warrant consideration.
438 (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
439 enrolled in a charter school or who has accepted an offer of admission to a charter school from
440 duplicating enrollment for the student in another charter school or a school district without
441 following the withdrawal procedures described in Subsection (3).
442 (3) The parent of a student enrolled in a charter school may withdraw the student from
443 the charter school for enrollment in another charter school or a school district by submitting to
444 the charter school:
445 (a) on or before June 30, a notice of intent to enroll the student in the student's school
446 of residence for the following school year;
447 (b) after June 30, a letter of acceptance for enrollment in the student's school district of
448 residence for the following year;
449 (c) a letter of acceptance for enrollment in the student's school district of residence in
450 the current school year;
451 (d) a letter of acceptance for enrollment in a nonresident school district; or
452 (e) a letter of acceptance for enrollment in a charter school.
453 (4) (a) A charter school shall report to a school district, by the last business day of each
454 month the aggregate number of new students, sorted by their school of residence and grade
455 level, who have accepted enrollment in the charter school for the following school year.
456 (b) A school district shall report to a charter school, by the last business day of each
457 month, the aggregate number of students enrolled in the charter school who have accepted
458 enrollment in the school district in the following school year, sorted by grade level.
459 (5) When a vacancy occurs because a student has withdrawn from a charter school, the
460 charter school may immediately enroll a new student from its list of applicants.
461 (6) Unless provisions have previously been made for enrollment in another school, a
462 charter school releasing a student from enrollment during a school year shall immediately
463 notify the school district of residence, which shall enroll the student in the school district of
464 residence and take additional steps as may be necessary to ensure compliance with laws
465 governing school attendance.
466 (7) (a) The parent of a student enrolled in a charter school may withdraw the student
467 from the charter school for enrollment in the student's school of residence in the following
468 school year if an application of admission is submitted to the school district of residence by
469 June 30.
470 (b) If the parent of a student enrolled in a charter school submits an application of
471 admission to the student's school district of residence after June 30 for the student's enrollment
472 in the school district of residence in the following school year, or an application of admission is
473 submitted for enrollment during the current school year, the student may enroll in a school of
474 the school district of residence that has adequate capacity in:
475 (i) the student's grade level, if the student is an elementary school student; or
476 (ii) the core classes that the student needs to take, if the student is a secondary school
478 (c) State Board of Education rules made under Subsection (2)(a) shall specify how
479 adequate capacity in a grade level or core classes is determined for the purposes of Subsection
481 (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
482 to protect the health and safety of the student.
485 Section 7. Section 53G-6-701 is amended to read:
486 53G-6-701. Definitions.
489 Section 8. Section 53G-7-501 is amended to read:
490 53G-7-501. Definitions.
492 (1) "Co-curricular activity" means an activity, a course, or a program that is:
493 (a) an extension of a curricular activity;
494 (b) included in an instructional plan and supervised or conducted by a teacher or
495 education professional;
496 (c) conducted outside of regular school hours; and
497 (d) provided, sponsored, or supported by an LEA.
498 (2) "Curricular activity" means an activity, a course, or a program that is:
499 (a) for delivering instruction;
500 (b) conducted only during school hours; and
501 (c) provided, sponsored, or supported by an LEA.
502 (3) "Elementary school" means a school that provides instruction to students in grades
503 kindergarten, 1, 2, 3, 4, 5, or 6.
504 (4) (a) "Elementary school student" means a student enrolled in an elementary school.
505 (b) "Elementary school student" does not include a secondary school student.
506 (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
507 (i) not directly related to delivering instruction;
508 (ii) not a curricular activity or co-curricular activity; and
509 (iii) provided, sponsored, or supported by an LEA.
510 (b) "Extracurricular activity" does not include a noncurricular club as defined in
511 Section 53G-7-701.
512 (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
513 (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
514 described, requested, or required directly or indirectly;
515 (ii) in the form of money, goods, or services; and
516 (iii) that is a condition to a student's full participation in an activity, course, or program
517 provided, sponsored, or supported by an LEA.
518 (b) "Fee" includes:
519 (i) money or something of monetary value raised by a student or the student's family
520 through fundraising;
521 (ii) charges or expenditures for a school field trip or activity trip, including related
522 transportation, food, lodging, and admission charges;
523 (iii) payments made to a third party that provides a part of a school activity, class, or
525 (iv) charges or expenditures for classroom supplies or materials; and
526 (v) a fine other than a fine described in Subsection (6)(c)(i).
527 (c) "Fee" does not include:
528 (i) a student fine specifically approved by an LEA for:
529 (A) failing to return school property;
530 (B) losing, wasting, or damaging private or school property through intentional,
531 careless, or irresponsible behavior, or as described in Section 53G-8-212; or
532 (C) improper use of school property, including a parking violation; or
533 (ii) a payment for school breakfast or lunch.
534 (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
535 an LEA that uses students to generate funds or raise money to:
536 (i) provide financial support to a school or a school's class, group, team, or program; or
537 (ii) benefit a particular charity or for other charitable purposes.
538 (b) "Fundraising" does not include an alternative method of raising revenue without
540 (8) "Secondary school" means a school that provides instruction to students in grades
541 7, 8, 9, 10, 11, or 12.
542 (9) "Secondary school student" means a student enrolled in a secondary school.
543 Section 9. Section 53G-7-503 is amended to read:
544 53G-7-503. Fees -- Prohibitions -- Volunteered supplies.
563 (1) An LEA may only charge a fee:
564 (a) that is authorized under this part; and
565 (b) if the fee is authorized and noticed by the LEA governing board in accordance with
566 Subsection (6).
567 (2) (a) Except as provided in Section 53G-6-402, an LEA may not charge an
568 elementary school student a fee.
569 (b) An LEA may not charge a student who is in grade 6 a fee regardless of whether the
570 student is enrolled in an elementary school or secondary school.
571 (3) Subject to Subsection (1), an LEA may charge a secondary school student a fee for:
572 (a) an extracurricular activity; or
573 (b) a co-curricular activity only if the fee is limited to an expense that is directly related
574 to cost for the portion of the co-curricular activity that is outside of regular school hours.
575 (4) (a) An LEA may require a secondary school student to provide materials or charge
576 a secondary school student a fee for:
577 (i) an additional discretionary project if the student chooses:
578 (A) a project in lieu of, or in addition to, a required classroom project; or
579 (B) project materials other than those materials provided for a project;
580 (ii) an Advanced Placement test;
581 (iii) a driver education course as described in Section 53G-10-504; or
582 (iv) a musical instrument used by the student in a curricular activity.
583 (b) An LEA may charge a secondary student or an individual a fee for an adult
584 education course in accordance with Sections 53E-10-202 and 53E-10-204.
585 (5) An LEA may not charge a secondary school student a fee:
586 (a) for a curricular activity, except as provided in Subsection (4);
587 (b) except as provided in Section 53G-6-402, to apply to, register with, enroll in, or
588 attend school; or
589 (c) for use of a school facility or amenity that is used within the course of the delivery
590 of instruction or ordinary school activities, including a locker rental.
591 (6) (a) An LEA governing board shall authorize each fee:
592 (i) individually; and
593 (ii) with a reasonably specific dollar amount.
594 (b) An LEA may not charge a fee authorized under this part unless the LEA governing
596 (i) subject to Subsection (6)(a), authorizes the fee; and
597 (ii) gives notice of the fee in accordance with Section 53G-7-505.
598 (7) (a) If an LEA imposes a fee, the fee shall be equal to or less than the expense
599 incurred by the LEA in providing for a student the activity, course, or program for which the
600 LEA imposes the fee.
601 (b) An LEA may not impose an additional fee or increase a fee to:
602 (i) supplant or subsidize an expense incurred by the LEA for:
603 (A) a curricular activity; or
604 (B) an expense incurred by that portion of a co-curricular activity that occurs during
605 school hours; or
606 (ii) supplant or subsidize another fee.
608 provide to [
609 for use during the regular school day so that a parent [
610 voluntary basis those supplies for student use.
613 following language:
614 "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
615 SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
616 OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
617 (9) The state board shall make rules for the imposition of a fee and enforcement of this
619 Section 10. Section 53G-7-504 is amended to read:
620 53G-7-504. Waiver of fees.
621 (1) [
623 adequate waivers or other provisions are available to ensure that no student is denied the
624 opportunity to participate because of an inability to pay the required fee[
637 (2) (a) The state board shall require each [
638 under this part [
639 the fee requirement to [
640 waiver, in addition to the outright waiver of the fee.
641 (b) The state board shall develop and provide a list of waiver alternatives for [
643 (i) tutorial assistance to other students;
644 (ii) assistance before or after school to teachers and other school personnel on school
645 related matters; and
646 (iii) general community or home service.
647 (c) [
648 by the state board, subject to approval by the state board.
649 (3) [
650 partial fee waivers or other alternatives for those students who, because of extenuating
651 circumstances, are not in a financial position to pay the entire fee.
652 (4) With regard to [
653 Child and Family Services who [
654 Security Act, [
655 alternatives in accordance with [
656 (5) [
658 (a) requiring a parent [
659 documentation and certification to the school verifying:
660 (i) the student's eligibility to receive the waiver; and
661 (ii) if applicable, that the student has complied with alternatives for satisfying the fee
662 requirements under Subsection (2) [
663 possible according to the individual circumstances of [
665 (b) specifying the acceptable forms of documentation for the requirement under
666 Subsection (5)(a), which shall include verification based on income tax returns or current pay
668 (6) Notwithstanding the requirements under Subsection (5), [
669 required to keep documentation on file after the verification is completed.
670 Section 11. Section 53G-7-601 is amended to read:
671 53G-7-601. Definitions.
673 "textbooks" includes textbooks and workbooks necessary for participation in any instructional
674 course. Textbooks [
675 papers, pens, erasers, notebooks, other items of personal use, or products which a student may
676 purchase at his option, such as school publications, class rings, annuals, and similar items.
677 Section 12. Section 53G-7-602 is amended to read:
678 53G-7-602. State policy on providing free textbooks.
679 (1) It is the public policy of this state that public education shall be free.
680 (2) A student may not be denied an education because of economic inability to
681 purchase textbooks necessary for advancement in or graduation from the public school system.
682 (3) [
683 defined in Section 53G-7-501, for a textbook [
685 Section 13. Section 53G-7-603 is repealed and reenacted to read:
686 53G-7-603. LEA purchase of textbooks -- Textbooks provided to teachers.
687 (1) An LEA governing board may purchase textbooks directly from the textbook
688 publisher at prices and terms approved by the state board.
689 (2) An LEA governing board shall purchase each textbook necessary for a teacher to
690 conduct his or her class.
691 (3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
692 funds, the textbook fund, or from other available funds.
693 (4) A textbook remains the property of the LEA.
694 Section 14. Section 53G-9-306 is amended to read:
695 53G-9-306. Immunization record part of student's record -- School review
696 process at enrollment -- Transfer.
697 (1) Each school:
698 (a) shall request an immunization record for each student at the time the student enrolls
699 in the school;
700 (b) may not charge a fee, as defined in Section 53G-7-501, related to receiving or
701 reviewing an immunization record or a vaccination exemption form; and
702 (c) shall retain an immunization record for each enrolled student as part of the student's
703 permanent school record.
704 (2) (a) Within five business days after the day on which a student enrolls in a school,
705 an individual designated by the school principal or administrator shall:
706 (i) determine whether the school has received an immunization record for the student;
707 (ii) review the student's immunization record to determine whether the record complies
708 with Subsection 53G-9-302(1); and
709 (iii) identify any deficiencies in the student's immunization record.
710 (b) If the school has not received a student's immunization record or there are
711 deficiencies in the immunization record, the school shall:
712 (i) place the student on conditional enrollment, in accordance with Section 53G-9-308;
714 (ii) within five days after the day on which the school places the student on conditional
715 enrollment, provide the written notice described in Subsection 53G-9-308(2).
716 (3) A school from which a student transfers shall provide the student's immunization
717 record to the student's new school upon request of the student's legally responsible individual.
718 Section 15. Section 53G-9-803 is amended to read:
719 53G-9-803. Remediation programs for secondary students.
720 (1) For purposes of this section:
721 (a) "Secondary school" means a school that provides instruction to students in grades 7,
722 8, 9, 10, 11, or 12.
723 (b) "Secondary school student":
724 (i) means a student enrolled in a secondary school; and
725 (ii) includes a student in grade 6 if the student attends a secondary school.
726 (2) A school district or charter school shall implement programs for secondary school
727 students to attain the competency levels and graduation requirements established by the State
728 Board of Education.
729 (3) (a) A school district or charter school shall establish remediation programs for
730 secondary school students who do not meet competency levels in English, mathematics,
731 science, or social studies.
732 (b) Participation in the programs is mandatory for secondary school students who fail
733 to meet the competency levels based on classroom performance.
734 (4) Secondary school students who require remediation under this section may not be
735 advanced to the following class in subject sequences until they meet the required competency
736 level for the subject or complete the required remediation program, except that a school district
737 or charter school may allow secondary school students requiring remediation who would
738 otherwise be scheduled to enter their first year of high school to complete their remediation
739 program during that first year.
740 (5) (a) Remediation programs provided under this section should not be unnecessarily
741 lengthy or repetitive.
742 (b) A secondary school student need not repeat an entire class if remediation can
743 reasonably be achieved through other means.
746 Section 16. Section 53G-10-503 is amended to read:
747 53G-10-503. Driver education funding -- Reimbursement of school districts for
748 driver education class expenses -- Limitations -- Excess funds -- Student fees.
749 (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
750 education shall fund the program solely through:
751 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
752 School Fund as created under Section 41-1a-1205; and
753 (ii) student fees collected by each school.
754 (b) In determining the cost of driver education, a school district may exclude:
755 (i) the full-time equivalent cost of a teacher for a driver education class taught during
756 regular school hours; and
757 (ii) classroom space and classroom maintenance.
758 (c) A school district may not use any additional school funds beyond those allowed
759 under Subsection (1)(b) to subsidize driver education.
760 (2) (a) The state superintendent of public instruction shall, prior to September 2nd
761 following the school year during which it was expended, or may at earlier intervals during that
762 school year, reimburse each school district that applied for reimbursement in accordance with
763 this section.
764 (b) A school district that maintains driver education classes that conform to this part
765 and the rules prescribed by the board may apply for reimbursement for the actual cost of
766 providing the behind-the-wheel and observation training incidental to those classes.
767 (3) Under the state board's supervision for driver education, a school district may:
768 (a) employ personnel who are not licensed by the board under Section 53E-6-201; or
769 (b) contract with private parties or agencies licensed under Section 53-3-504 for the
770 behind-the-wheel phase of the driver education program.
771 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
772 Tax Account in the Uniform School Fund and may not exceed:
773 (a) $100 per student who has completed driver education during the school year;
774 (b) $30 per student who has only completed the classroom portion in the school or
775 through the electronic high school during the school year; or
776 (c) $70 per student who has only completed the behind-the-wheel and observation
777 portion in the school during the school year.
778 (5) If the amount of money in the account at the end of a school year is less than the
779 total of the reimbursable costs, the state superintendent of public instruction shall allocate the
780 money to each school district in the same proportion that its reimbursable costs bear to the total
781 reimbursable costs of all school districts.
782 (6) If the amount of money in the account at the end of any school year is more than the
783 total of the reimbursement costs provided under Subsection (4), the superintendent may
784 allocate the excess funds to school districts:
785 (a) to reimburse each school district that applies for reimbursement of the cost of a fee
786 waived under Section 53G-7-504 for driver education; and
787 (b) to aid in the procurement of equipment and facilities which reduce the cost of
788 behind-the-wheel instruction.
789 (7) (a) A local school board shall, in accordance with Chapter 7, Part 5, Student Fees,
790 establish the student fee for driver education for the school district.
791 (b) Student fees shall be reasonably associated with the costs of driver education that
792 are not otherwise covered by reimbursements and allocations made under this section.
793 Section 17. Repealer.
794 This bill repeals:
795 Section 53G-7-604, Free textbook system.
796 Section 53G-7-605, Repurchase and resale of textbooks.
797 Section 18. Effective date.
798 This bill takes effect July 1, 2019.