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7 LONG TITLE
8 General Description:
9 This bill requires certain data collection and reporting regarding school fees.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires a local education agency to:
14 • measure and collect data related to certain fees the LEA charges or waives; and
15 • report the data to the State Board of Education;
16 ▸ requires the State Board of Education to report to the Legislature; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
25 Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
26 53G-7-501, as last amended by Laws of Utah 2019, Chapter 223
27 53G-7-503, as last amended by Laws of Utah 2019, Chapters 223 and 293
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53E-1-201 is amended to read:
31 53E-1-201. Reports to and action required of the Education Interim Committee.
32 (1) In accordance with applicable provisions and Section 68-3-14, the following
33 recurring reports are due to the Education Interim Committee:
34 (a) the prioritized list of data research described in Section 35A-14-302 and the report
35 on research described in Section 35A-14-304 by the Utah Data Research Center;
36 (b) the report described in Section 35A-15-303 by the State Board of Education on
37 preschool programs;
38 (c) the report described in Section 53B-1-103 by the State Board of Regents on career
39 and technical education issues and addressing workforce needs;
40 (d) the report described in Section 53B-1-107 by the State Board of Regents on the
41 activities of the State Board of Regents;
42 (e) the report described in Section 53B-2a-104 by the Utah System of Technical
43 Colleges Board of Trustees on career and technical education issues;
44 (f) the reports described in Section 53B-28-401 by the State Board of Regents and the
45 Utah System of Technical Colleges Board of Trustees regarding activities related to campus
46 safety;
47 (g) the State Superintendent's Annual Report by the state board described in Section
48 53E-1-203;
49 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
50 plan to improve student outcomes;
51 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
52 the Deaf and the Blind;
53 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
54 Actionable, and Dynamic Education director on research and other activities;
55 (k) the report described in Section 53F-4-203 by the state board and the independent
56 evaluator on an evaluation of early interactive reading software;
57 (l) the report described in Section 53F-4-407 by the state board on UPSTART;
58 (m) the report described in Section 53F-5-405 by an independent evaluator of a
59 partnership that receives a grant to improve educational outcomes for students who are low
60 income; and
61 (n) the report described in Section 63N-12-208 by the STEM Action Center Board,
62 including the information described in Section 63N-12-213 on the status of the computer
63 science initiative and Section 63N-12-214 on the Computing Partnerships Grants Program.
64 (2) In accordance with applicable provisions and Section 68-3-14, the following
65 occasional reports are due to the Education Interim Committee:
66 (a) the report described in Section 35A-15-303 by the School Readiness Board by
67 November 30, 2020, on benchmarks for certain preschool programs;
68 (b) the report described in Section 53E-3-519 by the state board regarding counseling
69 services in schools;
70 (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
71 and implementing activity based costing;
72 (d) if required, the report described in Section 53E-4-309 by the state board explaining
73 the reasons for changing the grade level specification for the administration of specific
74 assessments;
75 (e) if required, the report described in Section 53E-5-210 by the state board of an
76 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
77 (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
78 Actionable, and Dynamic Education;
79 (g) the report described in Section 53F-2-502 by the state board on the program
80 evaluation of the dual language immersion program;
81 (h) if required, the report described in Section 53F-2-513 by the state board evaluating
82 the effects of salary bonuses on the recruitment and retention of effective teachers in high
83 poverty schools;
84 (i) upon request, the report described in Section 53F-5-207 by the state board on the
85 Intergenerational Poverty Intervention Grants Program;
86 (j) the report described in Section 53F-5-210 by the state board on the Educational
87 Improvement Opportunities Outside of the Regular School Day Grant Program;
88 (k) the report described in Section 53G-7-503 by the state board regarding fees that
89 LEAs charge during the 2020-2021 school year;
90 [
91 proposed rules and results related to educator exit surveys;
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93 on progress in implementing employee evaluations;
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95 Abuse and Mental Health, the State Board of Education, and the Department of Health
96 regarding recommendations related to Medicaid reimbursement for school-based health
97 services; and
98 [
99 Planning Commission.
100 (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
101 complete the review of the implementation of performance funding.
102 Section 2. Section 53G-7-501 is amended to read:
103 53G-7-501. Definitions.
104 As used in this part:
105 (1) "Co-curricular activity" means an activity, a course, or a program that:
106 (a) is an extension of a curricular activity;
107 (b) is included in an instructional plan and supervised or conducted by a teacher or
108 education professional;
109 [
110 [
111 [
112 (2) "Curricular activity" means an activity, a course, or a program that is:
113 (a) intended to deliver instruction;
114 [
115 [
116 (3) "Elementary school" means a school that provides instruction to students in grades
117 kindergarten, 1, 2, 3, 4, 5, or 6.
118 (4) (a) "Elementary school student" means a student enrolled in an elementary school.
119 (b) "Elementary school student" does not include a secondary school student.
120 (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
121 (i) not directly related to delivering instruction;
122 (ii) not a curricular activity or co-curricular activity; and
123 (iii) provided, sponsored, or supported by an LEA.
124 (b) "Extracurricular activity" does not include a noncurricular club as defined in
125 Section 53G-7-701.
126 (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
127 (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
128 described, requested, or required directly or indirectly;
129 (ii) in the form of money, goods, or services; and
130 (iii) that is a condition to a student's full participation in an activity, course, or program
131 that is provided, sponsored, or supported by an LEA.
132 (b) "Fee" includes:
133 (i) money or something of monetary value raised by a student or the student's family
134 through fundraising;
135 (ii) charges or expenditures for a school field trip or activity trip, including related
136 transportation, food, lodging, and admission charges;
137 (iii) payments made to a third party that provides a part of a school activity, class, or
138 program;
139 (iv) charges or expenditures for classroom:
140 (A) textbooks;
141 (B) supplies; or
142 (C) materials;
143 (v) charges or expenditures for school activity clothing; and
144 (vi) a fine other than a fine described in Subsection (6)(c)(i).
145 (c) "Fee" does not include:
146 (i) a student fine specifically approved by an LEA for:
147 (A) failing to return school property;
148 (B) losing, wasting, or damaging private or school property through intentional,
149 careless, or irresponsible behavior, or as described in Section 53G-8-212; or
150 (C) improper use of school property, including a parking violation;
151 (ii) a payment for school breakfast or lunch;
152 (iii) a deposit that is:
153 (A) a pledge securing the return of school property; and
154 (B) refunded upon the return of the school property; or
155 (iv) a charge for insurance, unless the insurance is required for a student to participate
156 in an activity, course, or program.
157 (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
158 an LEA that uses students to generate funds or raise money to:
159 (i) provide financial support to a school or a school's class, group, team, or program; or
160 (ii) benefit a particular charity or for other charitable purposes.
161 (b) "Fundraising" does not include an alternative method of raising revenue without
162 students.
163 (8) (a) "School activity clothing" means special shoes or items of clothing:
164 (i) (A) that meet specific requirements, including requesting a specific [
165 brand, fabric, or imprint; and
166 (B) that a school requires a student to provide; and
167 (ii) that is worn by a student for a co-curricular or extracurricular activity.
168 (b) "School activity clothing" does not include:
169 (i) a school uniform[
170 (ii) clothing that is commonly found in students' homes.
171 (9) (a) "School uniform" means special shoes or an item of clothing:
172 (i) (A) that meet specific requirements, including a requested specific color, style,
173 fabric, or imprint; and
174 (B) that a school requires a student to provide; and
175 (ii) that is worn by a student for a curricular activity.
176 (b) "School uniform" does not include school activity clothing.
177 (10) "Secondary school" means a school that provides instruction to students in grades
178 7, 8, 9, 10, 11, or 12.
179 (11) "Secondary school student":
180 (a) means a student enrolled in a secondary school; and
181 (b) includes a student in grade 6 if the student attends a secondary school.
182 (12) "Textbook" means the same as that term is defined in Section 53G-7-601.
183 (13) "Waiver" means a full or partial release from a requirement to pay a fee and from
184 any provision in lieu of fee payment.
185 Section 3. Section 53G-7-503 is amended to read:
186 53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement --
187 Reporting.
188 (1) An LEA may only charge a fee if the fee is authorized and noticed by the LEA
189 governing board in accordance with Section 53G-7-505.
190 (2) (a) An LEA may not require a fee for elementary school activities that are part of the
191 regular school day or for supplies used during the regular school day.
192 (b) An elementary school or elementary school teacher may compile and provide to a
193 student's parent a suggested list of supplies for use during the regular school day so that a
194 parent may furnish on a voluntary basis those supplies for student use.
195 (c) A list provided to an elementary student's parent in accordance with Subsection
196 (2)(b) shall include and be preceded by the following language:
197 "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
198 SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
199 OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
200 (3) (a) Beginning with or after the 2021-2022 school year, if an LEA imposes a fee, the
201 fee shall be equal to or less than the expense incurred by the LEA in providing for a student the
202 activity, course, or program for which the LEA imposes the fee.
203 (b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
204 another fee.
205 (4) (a) Beginning with or after the 2021-2022 school year, and notwithstanding Section
206 53E-3-401, if the state board finds that an LEA has violated a provision of this part or Part 6,
207 Textbook Fees, the state board shall impose corrective action against the LEA, which may
208 include:
209 (i) requiring an LEA to repay improperly charged fees;
210 (ii) withholding state funds; and
211 (iii) suspending the LEA's authority to charge fees for an amount of time specified by
212 the state board.
213 (b) The state board shall make rules:
214 (i) that require notice and an opportunity to be heard for an LEA affected by a state
215 board action described in Subsection (4)(a); and
216 (ii) to administer this Subsection (4).
217 (5) (a) For each fee on an LEA's fee schedule described in Section 52G-7-505, the LEA
218 shall:
219 (i) by July 1, 2020, determine whether the fee is curricular, co-curricular, or
220 extracurricular;
221 (ii) for the 2020-2021 school year, measure the total number of:
222 (A) students who pay each fee; and
223 (B) money received for each fee;
224 (iii) for the 2020-2021 school year, measure the total:
225 (A) number of students who receive a fee waiver; and
226 (B) value of each waiver for each waived fee; and
227 (iv) by July 1, 2021, report the separate categories of data gathered under Subsections
228 (5)(a)(ii) and (iii) to the state board.
229 (b) The state board shall report on the data the board receives under Subsection (5)(a)
230 to the Education Interim Committee on or before the date of the November interim meeting in
231 2021.