1     
SCHOOL FEES MODIFICATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Adam Robertson

5     
Senate Sponsor: ____________

6     

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:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.

28     Utah Code Sections Affected:
29     AMENDS:
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
48     REPEALS:
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
51     

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) [The] Notwithstanding Section 53G-7-503, the rules shall require the payment of
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) [Nonresident students] Notwithstanding Section 53G-7-503, a nonresident student
102     may enroll in an Electronic High School [courses] course for a fee set by the board, provided
103     that the course can accommodate an additional [students] student.
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
110     62A-2-101.
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
157     that:
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
162     district;
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
168     district.
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 [or other charges], as defined in Section
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
200     requirements:
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;
322     or
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
327     period;
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 [$5 processing fee] $25 enrollment fee,
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
412     Boards.
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;
427     and
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
477     student.
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
480     (7)(b).
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.
483          [(9) A school district or charter school may charge secondary students a one-time $5
484     processing fee, to be paid at the time of application.]
485          Section 7. Section 53G-6-701 is amended to read:
486          53G-6-701. Definitions.
487          [Reserved] As used in this part, "fee" means the same as that term is defined in Section
488     53G-7-501.
489          Section 8. Section 53G-7-501 is amended to read:
490          53G-7-501. Definitions.
491          [Reserved] As used in this part:
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

524     program;
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
539     students.
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.
545          [(1) For purposes of this part:]
546          [(a) "Board" means the State Board of Education.]
547          [(b) "Secondary school" means a school that provides instruction to students in grades
548     7, 8, 9, 10, 11, or 12.]
549          [(c) "Secondary school student":]
550          [(i) means a student enrolled in a secondary school; and]
551          [(ii) includes a student in grade 6 if the student attends a secondary school.]
552          [(2) (a) A secondary school may impose fees on secondary school students.]
553          [(b) The board shall adopt rules regarding the imposition of fees in secondary schools
554     in accordance with the requirements of this part.]

555          [(3) A fee, deposit, or other charge may not be made, or any expenditure required of a
556     student or the student's parent or guardian, as a condition for student participation in an
557     activity, class, or program provided, sponsored, or supported by or through a public school or
558     school district, unless authorized by the local school board or charter school governing board
559     under rules adopted by the board.]
560          [(4) (a) A fee, deposit, charge, or expenditure may not be required for elementary
561     school activities which are part of the regular school day or for supplies used during the regular
562     school day.]
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
595     board:
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.
607          [(b)] (8) (a) An elementary school or elementary school teacher may compile and
608     provide to [a] an elementary school student's parent [or guardian] a suggested list of supplies
609     for use during the regular school day so that a parent [or guardian] may furnish only on a
610     voluntary basis those supplies for student use.
611          [(c)] (b) A list provided to [a] an elementary school student's parent [or guardian
612     pursuant to] in accordance with Subsection [(4)(b)] (8)(a) shall include and be preceded by the
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
618     section.
619          Section 10. Section 53G-7-504 is amended to read:
620          53G-7-504. Waiver of fees.
621          (1) [(a) A local school board] An LEA governing board shall require, [as part of an
622     authorization granted under] for a fee authorized in accordance with Section 53G-7-503, that
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[, deposit, or charge].
625          [(b) (i) If, however, a student must repeat a course or requires remediation to advance
626     or graduate and a fee is associated with the course or the remediation program, it is presumed
627     that the student will pay the fee.]
628          [(ii) If the student or the student's parent or guardian is financially unable to pay the
629     fee, the board shall provide for alternatives to waiving the fee, which may include installment
630     payments and school or community service or work projects for the student.]
631          [(iii) In cases of extreme financial hardship or where the student has suffered a
632     long-term illness, or death in the family, or other major emergency and where installment
633     payments and the imposition of a service or work requirement would not be reasonable, the
634     student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).]
635          [(iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
636     and charges made in the secondary schools.]
637          (2) (a) The state board shall require each [school in the district] LEA that charges a fee
638     under this part [and Part 6, Textbook Fees,] to provide a variety of alternatives for satisfying
639     the fee requirement to [those who qualify for fee waivers] a student who qualifies for a fee
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 [the
642     schools] LEAs, including such options as allowing [the] a student to provide:
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) [Each school] An LEA governing board may add to the list of alternatives provided

648     by the state board, subject to approval by the state board.
649          (3) [A local school] An LEA governing board may establish policies providing for
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 [children who are] a student who is in the custody of the Division of
653     Child and Family Services who [are] is also eligible under Title IV-E of the federal Social
654     Security Act, [local school boards] an LEA governing board shall require fee waivers or
655     alternatives in accordance with [Subsections (1) through (3)] this section.
656          (5) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
657     the State Board of Education] The state board shall make rules:
658          (a) requiring a parent [or guardian] of a student applying for a fee waiver to provide
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) [have been complied with] to the fullest extent reasonably
663     possible according to the individual circumstances of [both the fee waiver applicant and the
664     school] the student and the LEA; and
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
667     stubs.
668          (6) Notwithstanding the requirements under Subsection (5), [a school] an LEA is not
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.
672          [For the purposes of Sections 53G-7-602 through 53G-7-605,] As used in this part,
673     "textbooks" includes textbooks and workbooks necessary for participation in any instructional
674     course. Textbooks [shall] do not include personal or consumable items, such as pencils,
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) [A school board] An LEA may not sell textbooks or otherwise charge a fee, as
683     defined in Section 53G-7-501, for a textbook [fees or deposits except as provided in this public
684     education code].
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;
713     and
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.
744          [(6) A school district or charter school may charge secondary school students a fee to
745     participate in the remediation programs.]
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.