1     
SCHOOL FEES AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Strong

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to elementary and secondary school fees.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     prescribes the fees an LEA may charge a secondary school student for a curricular
14     activity or portions of a co-curricular activity;
15          ▸     authorizes an LEA to charge a secondary school student a fee for an extracurricular
16     activity;
17          ▸     prohibits and LEA from charging a general fee;
18          ▸     amends provisions related to fees for textbooks;
19          ▸     prohibits charging a student in grade 6 a fee for a remediation program;
20          ▸     repeals outdated language; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
29     354, and 461
30          53E-8-401, as last amended by Laws of Utah 2020, Chapter 408
31          53E-10-305, as last amended by Laws of Utah 2020, Chapters 220 and 365
32          53G-5-405, as last amended by Laws of Utah 2020, Chapter 192
33          53G-6-302, as last amended by Laws of Utah 2022, Chapter 335
34          53G-6-303, as last amended by Laws of Utah 2019, Chapter 293
35          53G-6-701, as enacted by Laws of Utah 2018, Chapter 3
36          53G-7-501, as last amended by Laws of Utah 2020, Chapter 51
37          53G-7-503, as last amended by Laws of Utah 2021, Chapter 341
38          53G-7-504, as last amended by Laws of Utah 2020, Chapter 408
39          53G-9-803, as last amended by Laws of Utah 2019, Chapter 293
40          53G-10-503, as last amended by Laws of Utah 2021, Chapter 247
41          63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
42     and 409
43     RENUMBERS AND AMENDS:
44          53G-7-506, (Renumbered from 53G-7-602, as last amended by Laws of Utah 2020,
45     Chapter 138)
46          53G-7-507, (Renumbered from 53G-7-603, as repealed and reenacted by Laws of Utah
47     2019, Chapter 223)
48          53G-7-508, (Renumbered from 53G-7-606, as last amended by Laws of Utah 2019,
49     Chapters 223 and 293)
50     REPEALS:
51          53G-7-601, as last amended by Laws of Utah 2020, Chapter 138
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 53E-1-201 is amended to read:
55          53E-1-201. Reports to and action required of the Education Interim Committee.
56          (1) In accordance with applicable provisions and Section 68-3-14, the following
57     recurring reports are due to the Education Interim Committee:
58          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
59     including the information described in Section 9-22-113 on the status of the computer science
60     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
61          (b) the prioritized list of data research described in Section 53B-33-302 and the report
62     on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
63          (c) the report described in Section 35A-15-303 by the State Board of Education on
64     preschool programs;
65          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
66     on career and technical education issues and addressing workforce needs;
67          (e) the annual report of the Utah Board of Higher Education described in Section
68     53B-1-402;
69          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
70     regarding activities related to campus safety;
71          (g) the State Superintendent's Annual Report by the state board described in Section
72     53E-1-203;
73          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
74     plan to improve student outcomes;
75          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
76     the Deaf and the Blind;
77          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
78     Actionable, and Dynamic Education director on research and other activities;
79          (k) the report described in Section 53F-2-522 regarding mental health screening
80     programs;
81          (l) the report described in Section 53F-4-203 by the state board and the independent
82     evaluator on an evaluation of early interactive reading software;
83          (m) the report described in Section 53F-4-407 by the state board on UPSTART;
84          (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
85     related to grants for professional learning and grants for an elementary teacher preparation
86     assessment;
87          (o) upon request, the report described in Section 53F-5-219 by the state board on the
88     Local Innovations Civics Education Pilot Program;
89          (p) the report described in Section 53F-5-405 by the State Board of Education
90     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
91     for students who are low income;
92          (q) the report described in Section 53B-35-202 regarding the Higher Education and
93     Corrections Council;
94          (r) the report described in Section 53G-7-221 by the State Board of Education
95     regarding innovation plans; and
96          (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
97     and Translation Service Procurement Advisory Council.
98          (2) In accordance with applicable provisions and Section 68-3-14, the following
99     occasional reports are due to the Education Interim Committee:
100          (a) the report described in Section 35A-15-303 by the School Readiness Board by
101     November 30, 2020, on benchmarks for certain preschool programs;
102          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
103     on or before the Education Interim Committee's November 2021 meeting;
104          (c) if required, the report described in Section 53E-4-309 by the state board explaining
105     the reasons for changing the grade level specification for the administration of specific
106     assessments;
107          (d) if required, the report described in Section 53E-5-210 by the state board of an
108     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
109          (e) in 2022 and in 2023, on or before November 30, the report described in Subsection
110     53E-10-309(7) related to the PRIME pilot program;
111          (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
112     Actionable, and Dynamic Education;
113          (g) if required, the report described in Section 53F-2-513 by the state board evaluating
114     the effects of salary bonuses on the recruitment and retention of effective teachers in high
115     poverty schools;
116          (h) the report described in Section 53F-5-210 by the state board on the Educational
117     Improvement Opportunities Outside of the Regular School Day Grant Program;
118          (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
119     expenditure of a percentage of state restricted funds to support an innovative education
120     program;
121          [(j) the report described in Section 53G-7-503 by the state board regarding fees that
122     LEAs charge during the 2020-2021 school year;]
123          [(k)] (j) the reports described in Section 53G-11-304 by the state board regarding
124     proposed rules and results related to educator exit surveys; and
125          [(l)] (k) the report described in Section 62A-15-117 by the Division of Substance
126     Abuse and Mental Health, the State Board of Education, and the Department of Health
127     regarding recommendations related to Medicaid reimbursement for school-based health
128     services.
129          Section 2. Section 53E-8-401 is amended to read:
130          53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind.
131          (1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to
132     receive services of the Utah Schools for the Deaf and the Blind if the individual is:
133          (a) a resident of Utah;
134          (b) younger than 22 years [of age] old;
135          (c) referred to the Utah Schools for the Deaf and the Blind by:
136          (i) the individual's school district of residence;
137          (ii) a local early intervention program; or
138          (iii) if the referral is consistent with the Individual with Disabilities Education Act, 20
139     U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
140          (d) identified as deaf, blind, or deafblind through:
141          (i) the special education eligibility determination process; or
142          (ii) the Section 504 eligibility determination process.
143          (2) (a) In determining eligibility for an individual who is younger than age three and is
144     deafblind, the following information may be used:
145          (i) opthalmological and audiological documentation;
146          (ii) functional vision or hearing assessments and evaluations; or
147          (iii) informed clinical opinion conducted by a person with expertise in deafness,
148     blindness, or deafblindness.
149          (b) Informed clinical opinion shall be:
150          (i) included in the determination of eligibility when documentation is incomplete or not
151     conclusive; and
152          (ii) based on pertinent records related to the individual's current health status and
153     medical history, an evaluation and [observations] observation of the individual's level of
154     sensory functioning, and the needs of the family.
155          (3) (a) A student who qualifies for special education shall have services and placement
156     determinations made through the IEP process.
157          (b) A student who qualifies for accommodations under Section 504 shall have services
158     and placement determinations made through the Section 504 team process.
159          (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
160     Blind in accordance with the rules of the state board described in Subsection (6).
161          (b) [The rules shall] Notwithstanding Section 53G-7-503, the state board shall ensure
162     that the rules described in Subsection (6) require the payment of tuition for services provided to
163     a nonresident.
164          (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
165     the Blind under circumstances described in Section 53E-8-408.
166          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
167     state board:
168          (a) shall make rules that determine the eligibility of students to be served by the Utah
169     Schools for the Deaf and the Blind; and
170          (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
171     to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger
172     than 22 years [of age] old.
173          Section 3. Section 53E-10-305 is amended to read:
174          53E-10-305. Tuition and fees.
175          (1) Except as provided in this section, the Utah Board of Higher Education or an
176     institution of higher education may not charge tuition or fees for a concurrent enrollment
177     course.
178          (2) (a) The Utah Board of Higher Education may charge a one-time fee for a student to
179     participate in the concurrent enrollment program.
180          (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
181     admission application fee requirement for a full-time or part-time student at an institution of
182     higher education.
183          (3) (a) An institution of higher education may charge a one-time admission application
184     fee for concurrent enrollment course credit offered by the institution of higher education.
185          (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
186     application fee requirement for a full-time or part-time student at an institution of higher
187     education.
188          (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
189     charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
190     for which a student earns college credit.
191          (b) An institution of higher education may not charge more than:
192          (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
193     school lunch;
194          (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
195     an eligible instructor described in Subsection 53E-10-302(6)(b); or
196          (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
197     conferencing.
198          [(5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as
199     defined in Section 53G-7-601, that is required for a concurrent enrollment course.]
200          Section 4. Section 53G-5-405 is amended to read:
201          53G-5-405. Application of statutes and rules to charter schools.
202          (1) A charter school shall operate in accordance with its charter agreement and is
203     subject to this public education code and other state laws applicable to public schools, except
204     as otherwise provided in this chapter and other related provisions.
205          (2) (a) Except as provided in Subsection (2)(b), state board rules governing the
206     following do not apply to a charter school:
207          (i) school libraries;
208          (ii) required school administrative and supervisory services; and
209          (iii) required expenditures for instructional supplies.
210          (b) A charter school shall comply with rules implementing statutes that prescribe how
211     state appropriations may be spent.
212          (3) The following provisions of this public education code, and rules adopted under
213     those provisions, do not apply to a charter school:
214          (a) Section 53E-4-408, requiring an independent evaluation of instructional materials;
215          (b) Section 53G-4-409, requiring the use of activity disclosure statements;
216          (c) Sections 53G-7-304 and 53G-7-306, pertaining to fiscal procedures of school
217     districts and local school boards;
218          (d) Section [53G-7-606] 53G-7-508, requiring notification of intent to dispose of
219     textbooks;
220          (e) Section 53G-7-1202, requiring the establishment of a school community council;
221     and
222          (f) Section 53G-10-404, requiring annual presentations on adoption.
223          (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
224     school is considered an educational procurement unit as defined in Section 63G-6a-103.
225          (5) Each charter school shall be subject to:
226          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
227          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
228          (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
229     of certain nonprofit corporations. A charter school is subject to the requirements of Section
230     53G-5-404.
231          (7) (a) The State Charter School Board shall, in concert with the charter schools, study
232     existing state law and administrative rules for the purpose of determining from which laws and
233     rules charter schools should be exempt.
234          (b) (i) The State Charter School Board shall present recommendations for exemption to
235     the state board for consideration.
236          (ii) The state board shall consider the recommendations of the State Charter School
237     Board and respond within 60 days.
238          Section 5. Section 53G-6-302 is amended to read:
239          53G-6-302. Child's school district of residence -- Determination -- Responsibility
240     for providing educational services.
241          (1) As used in this section:
242          (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
243          (b) "Human services program" means the same as that term is defined in Section
244     62A-2-101.
245          (c) "Supervision" means a minor child is:
246          (i) receiving services from a state agency, local mental health authority, or substance
247     abuse authority with active involvement or oversight; and
248          (ii) engaged in a human services program that is properly licensed or certified and has
249     provided the school district receiving the minor child with an education plan that complies with
250     the requirements of Section 62A-2-108.1.
251          (2) The school district of residence of a minor child whose custodial parent resides
252     within Utah is:
253          (a) the school district in which the custodial parent resides; or
254          (b) the school district in which the child resides:
255          (i) while in the custody or under the supervision of a Utah state agency, local mental
256     health authority, or substance abuse authority;
257          (ii) while under the supervision of a private or public agency which is in compliance
258     with Section 62A-2-127 and is authorized to provide child placement services by the state;
259          (iii) while living with a responsible adult resident of the district, if a determination has
260     been made in accordance with rules made by the state board in accordance with Title 63G,
261     Chapter 3, Utah Administrative Rulemaking Act, that:
262          (A) the child's physical, mental, moral, or emotional health will best be served by
263     considering the child to be a resident for school purposes;
264          (B) exigent circumstances exist that do not permit the case to be appropriately
265     addressed under Section 53G-6-402; and
266          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
267     does not violate any other law or rule of the state board;
268          (iv) while the child is receiving services from a health care facility or human services
269     program, if a determination has been made in accordance with rules made by the state board in
270     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
271          (A) the child's physical, mental, moral, or emotional health will best be served by
272     considering the child to be a resident for school purposes;
273          (B) exigent circumstances exist that do not permit the case to be appropriately
274     addressed under Section 53G-6-402; and
275          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
276     does not violate any other law or rule of the state board; or
277          (v) if the child is married or has been determined to be an emancipated minor by a
278     court of law or by a state administrative agency authorized to make that determination.
279          (3) A minor child whose custodial parent does not reside in the state is considered to be
280     a resident of the district in which the child lives, unless that designation violates any other law
281     or rule of the state board, if:
282          (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
283          (b) the child lives with a resident of the district who is a responsible adult and whom
284     the district agrees to designate as the child's legal guardian under Section 53G-6-303;
285          (c) if permissible under policies adopted by a local school board, it is established to the
286     satisfaction of the local school board that:
287          (i) the child lives with a responsible adult who is a resident of the district and is the
288     child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
289          (ii) the child's presence in the district is not for the primary purpose of attending the
290     public schools;
291          (iii) the child's physical, mental, moral, or emotional health will best be served by
292     considering the child to be a resident for school purposes; and
293          (iv) the child is prepared to abide by the policies of the school and school district in
294     which attendance is sought; or
295          (d) it is established to the satisfaction of the local school board that:
296          (i) the child's parent moves from the state;
297          (ii) the child's parent executes a power of attorney under Section 75-5-103 that:
298          (A) meets the requirements of Subsection (4); and
299          (B) delegates powers regarding care, custody, or property, including schooling, to a
300     responsible adult with whom the child resides;
301          (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
302     district;
303          (iv) the child's physical, mental, moral, or emotional health will best be served by
304     considering the child to be a resident for school purposes;
305          (v) the child is prepared to abide by the policies of the school and school district in
306     which attendance is sought; and
307          (vi) the child's attendance in the school will not be detrimental to the school or school
308     district.
309          (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
310     district may require the person with whom the child lives to be designated as the child's
311     custodian in a durable power of attorney, issued by the party who has legal custody of the child,
312     granting the custodian full authority to take any appropriate action, including authorization for
313     educational or medical services, in the interests of the child.
314          (b) Both the party granting and the party empowered by the power of attorney shall
315     agree to:
316          (i) assume responsibility for any fees [or other charges], as defined in Section
317     53G-7-501, relating to the child's education in the district; and
318          (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
319     school district with all financial information requested by the district for purposes of
320     determining eligibility for fee waivers.
321          (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
322     this section and accepted by the school district shall remain in force until the earliest of the
323     following occurs:
324          (i) the child reaches the age of 18, marries, or becomes emancipated;
325          (ii) the expiration date stated in the document; or
326          (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
327     or by order of a court of competent jurisdiction.
328          (5) A power of attorney does not confer legal guardianship.
329          (6) Each school district is responsible for providing educational services for all
330     children of school age who are residents of the district.
331          Section 6. Section 53G-6-303 is amended to read:
332          53G-6-303. Guardianship for residency purposes by responsible adult --
333     Procedure to obtain -- Termination.
334          (1) For purposes of this part, "responsible adult" means a person 21 years [of age] old
335     or older who is a resident of this state and is willing and able to provide reasonably adequate
336     food, clothing, shelter, and supervision for a minor child.
337          (2) A local school board may adopt a policy permitting it to designate a responsible
338     adult residing in the school district as legal guardian of a child whose custodial parent does not
339     reside within the state upon compliance with the following requirements:
340          (a) submission to the school district of a signed and notarized affidavit by the child's
341     custodial parent stating that:
342          (i) the child's presence in the district is not for the primary purpose of attending the
343     public schools;
344          (ii) the child's physical, mental, moral, or emotional health would best be served by a
345     transfer of guardianship to the Utah resident;
346          (iii) the affiant is aware that designation of a guardian under this section is equivalent
347     to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
348     existing parental or guardianship rights in the same manner as would occur under a
349     court-ordered guardianship;
350          (iv) the affiant consents and submits to any such suspension or termination of parental
351     or guardianship rights;
352          (v) the affiant consents and submits to the jurisdiction of the state district court in
353     which the school district is located in any action relating to the guardianship or custody of the
354     child in question;
355          (vi) the affiant designates a named responsible adult as agent, authorized to accept
356     service on behalf of the affiant of any process, notice, or demand required or permitted to be
357     served in connection with any action under Subsection (2)(a)(v); and
358          (vii) it is the affiant's intent that the child become a permanent resident of the state and
359     reside with and be under the supervision of the named responsible adult;
360          (b) submission to the school district of a signed and notarized affidavit by the
361     responsible adult stating that:
362          (i) the affiant is a resident of the school district and desires to become the guardian of
363     the child;
364          (ii) the affiant consents and submits to the jurisdiction of the state district court in
365     which the school district is located in any action relating to the guardianship or custody of the
366     child in question;
367          (iii) the affiant will accept the responsibilities of guardianship for the duration,
368     including the responsibility to provide adequate supervision, discipline, food, shelter,
369     educational and emotional support, and medical care for the child if designated as the child's
370     guardian; and
371          (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
372          (c) submission to the school district of a signed and notarized affidavit by the child
373     stating that:
374          (i) the child desires to become a permanent resident of Utah and reside with and be
375     responsible to the named responsible adult; and
376          (ii) the child will abide by all applicable policies of any public school which the child
377     may attend after guardianship is awarded; and
378          (d) if the child's custodial parent cannot be found in order to execute the statement
379     required under Subsection (2)(a), the responsible adult must submit an affidavit to that effect to
380     the district. The district shall also submit a copy of the statement to the Criminal Investigations
381     and Technical Services Division of the Department of Public Safety, established in Section
382     53-10-103.
383          (3) The district may require the responsible adult, in addition to the documents set forth
384     in Subsection (2), to also submit any other documents which are relevant to the appointment of
385     a guardian of a minor or which the district reasonably believes to be necessary in connection
386     with a given application to substantiate any claim or assertion made in connection with the
387     application for guardianship.
388          (4) Upon receipt of the information and documentation required under Subsections (2)
389     and (3), and a determination by the local school board that the information is accurate, that the
390     requirements of this section have been met, and that the interests of the child would best be
391     served by granting the requested guardianship, the local school board or its authorized
392     representative may designate the applicant as guardian of the child by issuing a designation of
393     guardianship letter to the applicant.
394          (5) (a) If a local school board has adopted a policy permitting the local school board to
395     designate a guardian under this section, a denial of an application for appointment of a
396     guardian may be appealed to the district court in which the school district is located.
397          (b) The court shall uphold the decision of the local school board unless it finds, by
398     clear and convincing evidence, that the local school board's decision was arbitrary and
399     capricious.
400          (c) An applicant may, rather than appealing the local school board's decision under
401     Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
402     which action shall proceed as if no decision had been made by the local school board.
403          (6) A responsible adult obtaining guardianship under this section has the same rights,
404     authority, and responsibilities as a guardian appointed under Section 75-5-201.
405          (7) (a) The school district shall deliver the original documents filed with the school
406     district, together with a copy of the designation of guardianship issued by the district, in person
407     or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
408     the school district is located.
409          (b) The court may not charge the school district a fee for filing guardianship papers
410     under this section.
411          (8) (a) The authority and responsibility of a custodial parent submitting an affidavit
412     under this section may be restored by the district, and the guardianship obtained under this
413     section terminated by the district:
414          (i) upon submission to the school district in which the guardianship was obtained of a
415     signed and notarized statement by the person who consented to guardianship under Subsection
416     (2)(a) requesting termination of the guardianship; or
417          (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
418     termination of the guardianship.
419          (b) If the school district determines that it would not be in the best interests of the child
420     to terminate the guardianship, the district may refer the request for termination to the state
421     district court in which the documents were filed under Subsection (5) for further action
422     consistent with the interests of the child.
423          (9) The school district shall retain copies of all documents required by this section
424     until the child in question has reached the age of 18 unless directed to surrender the documents
425     by a court of competent jurisdiction.
426          (10) (a) Intentional submission to a school district of fraudulent or misleading
427     information under this part is punishable under Section 76-8-504.
428          (b) A school district which has reason to believe that a party has intentionally
429     submitted false or misleading information under this part may, after notice and opportunity for
430     the party to respond to the allegation:
431          (i) void any guardianship, authorization, or action which was based upon the false or
432     misleading information; and
433          (ii) recover, from the party submitting the information, the full cost of any benefits
434     received by the child on the basis of the false or misleading information, including tuition, fees,
435     as defined in Section 53G-7-501, and other unpaid school charges, together with any related
436     costs of recovery.
437          (c) A student whose guardianship or enrollment has been terminated under this section
438     may, upon payment of all applicable tuition and fees, as defined in Section 53G-7-501,
439     continue in enrollment until the end of the school year unless excluded from attendance for
440     cause.
441          Section 7. Section 53G-6-701 is amended to read:
442          53G-6-701. Definitions.
443          [Reserved] As used in this part, "fee" means the same as that term is defined in Section
444     53G-7-501.
445          Section 8. Section 53G-7-501 is amended to read:
446          53G-7-501. Definitions.
447          As used in this part:
448          (1) "Co-curricular activity" means an activity, a course, or a program that:
449          (a) is an extension of a curricular activity;
450          (b) is included in an instructional plan and supervised or conducted by a teacher or
451     education professional;
452          (c) is conducted outside of regular school hours;
453          (d) is provided, sponsored, or supported by an LEA; and
454          (e) includes a required regular school day activity, course, or program.
455          (2) "Curricular activity" means an activity, a course, or a program that is:
456          (a) intended to deliver instruction;
457          (b) provided, sponsored, or supported by an LEA; and
458          (c) conducted only during school hours.
459          (3) "Elementary school" means a school that provides instruction to students in grades
460     kindergarten, 1, 2, 3, 4, 5, or 6.
461          (4) (a) "Elementary school student" means a student enrolled in an elementary school.
462          (b) "Elementary school student" does not include a secondary school student.
463          (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
464          (i) not directly related to delivering instruction;
465          (ii) not a curricular activity or co-curricular activity; and
466          (iii) provided, sponsored, or supported by an LEA.
467          (b) "Extracurricular activity" does not include a noncurricular club as defined in
468     Section 53G-7-701.
469          (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
470          (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
471     described, requested, or required directly or indirectly;
472          (ii) in the form of money, goods, or services; and
473          (iii) that is a condition to a student's full participation in an activity, course, or program
474     that is provided, sponsored, or supported by an LEA.
475          (b) "Fee" includes:
476          (i) money or something of monetary value raised by a student or the student's family
477     through fundraising;
478          (ii) charges or expenditures for a school field trip or activity trip, including related
479     transportation, food, lodging, and admission charges;
480          (iii) payments made to a third party that provides a part of a school activity, class, or
481     program;
482          (iv) charges or expenditures for classroom:
483          [(A) textbooks;]
484          [(B)] (A) instructional equipment or supplies; or
485          [(C)] (B) materials;
486          (v) charges or expenditures for school activity clothing; and
487          (vi) a fine other than a fine described in Subsection (6)(c)(i).
488          (c) "Fee" does not include:
489          (i) a student fine specifically approved by an LEA for:
490          (A) failing to return school property;
491          (B) losing, wasting, or damaging private or school property through intentional,
492     careless, or irresponsible behavior, or as described in Section 53G-8-212; or
493          (C) improper use of school property, including a parking violation;
494          (ii) a payment for school breakfast or lunch;
495          (iii) a deposit that is:
496          (A) a pledge securing the return of school property; and
497          (B) refunded upon the return of the school property; or
498          (iv) a charge for insurance, unless the insurance is required for a student to participate
499     in an activity, course, or program.
500          (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
501     an LEA that uses students to generate funds or raise money to:
502          (i) provide financial support to a school or a school's class, group, team, or program; or
503          (ii) benefit a particular charity or for other charitable purposes.
504          (b) "Fundraising" does not include an alternative method of raising revenue without
505     students.
506          (8) (a) "Instructional equipment or supplies" means an activity-related, a
507     course-related, or a program-related supply, piece of equipment, tool, instrument, or other
508     material that:
509          (i) a student is required to use as part of an activity, course, or program in a secondary
510     school;
511          (ii) typically becomes the property of the student upon exiting the activity, course, or
512     program; and
513          (iii) is subject to a fee waiver.
514          (b) "Instructional equipment or supplies" includes:
515          (i) shears or styling tools;
516          (ii) a stethoscope;
517          (iii) sports equipment, including a bat, mitt, or tennis racquet;
518          (iv) an item, including footwear, that is medically prescribed;
519          (v) clay, paint, or an art canvas;
520          (vi) wood for wood shop;
521          (vii) Legos for Lego robotics;
522          (viii) film; or
523          (ix) filament used for 3d printing.
524          (c) "Instructional equipment or supplies" does not include school equipment.
525          [(8)] (9) (a) "School activity clothing" means special shoes or items of clothing:
526          (i) (A) that meet specific requirements, including requesting a specific brand, fabric, or
527     imprint; and
528          (B) that a school requires a student to provide; and
529          (ii) that is worn by a student for a co-curricular or extracurricular activity.
530          (b) "School activity clothing" does not include:
531          (i) a school uniform; or
532          (ii) clothing that is commonly found in students' homes.
533          (10) "School equipment" means a durable school-owned machine, equipment, facility,
534     or tool that a student uses as part of an activity, course, or program in a secondary school.
535          [(9)] (11) (a) "School uniform" means special shoes or an item of clothing:
536          (i) (A) that meet specific requirements, including a requested specific color, style,
537     fabric, or imprint; and
538          (B) that a school requires a student to provide; and
539          (ii) that is worn by a student for a curricular activity.
540          (b) "School uniform" does not include school activity clothing.
541          [(10)] (12) "Secondary school" means a school that provides instruction to students in
542     grades 7, 8, 9, 10, 11, or 12.
543          [(11)] (13) "Secondary school student":
544          (a) means a student enrolled in a secondary school; and
545          (b) includes a student in grade 6 if the student attends a secondary school.
546          [(12)] (14) (a) "Textbook" means [the same as that term is defined in Section
547     53G-7-601.] instructional material necessary for participation in an activity, course, or
548     program, regardless of the format of the material.
549          (b) "Textbook" includes:
550          (i) a hardcopy book or printed pages of instructional material, including a consumable
551     workbook; or
552          (ii) computer hardware, software, or digital content.
553          (c) "Textbook" does not include instructional equipment or supplies.
554          [(13)] (15) "Waiver" means a full or partial release from a requirement to pay a fee and
555     from any provision in lieu of fee payment.
556          Section 9. Section 53G-7-503 is amended to read:
557          53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement -- Penalties.
558          (1) An LEA may only charge a fee if the fee is:
559          (a) authorized; and
560          (b) noticed by the LEA governing board in accordance with Section 53G-7-505.
561          (2) (a) An LEA may not require a fee for elementary school activities that are part of
562     the regular school day or for supplies used during the regular school day.
563          (b) An elementary school or elementary school teacher may compile and provide to [a]
564     an elementary school student's parent a suggested list of supplies for use during the regular
565     school day so that a parent may furnish, only on a voluntary basis, those supplies for student
566     use.
567          (c) A list provided to an elementary school student's parent in accordance with
568     Subsection (2)(b) shall include and be preceded by the following language:
569          "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
570     SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
571     OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
572          (3) Beginning with the 2023-2024 school year:
573          (a) for a curricular activity, an LEA may not charge a secondary student a fee except
574     for the following:
575          (i) instructional equipment or supplies;
576          (ii) an Advanced Placement exam;
577          (iii) a driver education course described in Section 53G-10-503;
578          (iv) a payment for a fee for:
579          (A) open enrollment application processing in accordance with Section 53G-6-402;
580          (B) charter school application processing in accordance with Section 53G-6-503; or
581          (C) competency remediation programs in accordance with Section 53G-9-803;
582          (v) a payment described in Subsection (5); or
583          (vi) a music instrument rental; and
584          (b) for that portion of a co-curricular activity that is during regular school hours, an
585     LEA may charge a secondary student a fee only for the fees described in Subsection (3)(a).
586          (4) Beginning with the 2023-2024 school year, and except as provided in Subsection
587     (6), an LEA may charge a secondary student a fee for:
588          (a) that portion of a co-curricular activity that is outside of regular school hours; or
589          (b) an extracurricular activity.
590          (5) An LEA may charge a secondary student or an individual a fee for an adult
591     education course in accordance with Section 53E-10-202.
592          (6) An LEA may not charge a fee:
593          (a) for school equipment; or
594          (b) that is general in nature and for a service or good that does not have a direct benefit
595     to the student paying the fee.
596          (7) An LEA governing board shall authorize each fee individually.
597          [(3)] (8) (a) Beginning with or after the 2022-2023 school year, if an LEA imposes a
598     fee, the fee shall be equal to or less than the expense incurred by the LEA in providing for a
599     student the activity, course, or program for which the LEA imposes the fee.
600          (b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
601     another fee, including a fee to supplant or subsidize an expense that the LEA incurs for:
602          (i) a curricular activity; or
603          (ii) an expense for the portion of a co-curricular activity that occurs during regular
604     school hours.
605          [(4) (a)] (9) Beginning with or after the 2021-2022 school year, and notwithstanding
606     Section 53E-3-401, if the state board finds that an LEA has violated a provision of this part [or
607     Part 6, Textbook Fees], the state board shall impose corrective action against the LEA, which
608     may include:
609          [(i)] (a) requiring an LEA to repay improperly charged fees;
610          [(ii)] (b) withholding state funds; [and] or
611          [(iii)] (c) suspending the LEA's authority to charge fees for an amount of time specified
612     by the state board.
613          [(b)] (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
614     Act, the state board shall make rules:
615          [(i)] (a) that require notice and an opportunity to be heard for an LEA affected by a
616     state board action described in Subsection [(4)(a)] (9); and
617          [(ii)] (b) to administer this Subsection [(4)] (9).
618          [(5) (a) For each fee on an LEA's fee schedule described in Section 53G-7-505, the
619     LEA shall:]
620          [(i) by July 1, 2020, determine whether the fee is curricular, co-curricular, or
621     extracurricular;]
622          [(ii) for the 2020-2021 school year, measure the total number of:]
623          [(A) students who pay each fee; and]
624          [(B) money received for each fee;]
625          [(iii) for the 2020-2021 school year, measure the total:]
626          [(A) number of students who receive a fee waiver; and]
627          [(B) value of each waiver for each waived fee; and]
628          [(iv) by July 1, 2021, report the separate categories of data gathered under Subsections
629     (5)(a)(ii) and (iii) to the state board.]
630          [(b) The state board shall report on the data the board receives under Subsection (5)(a)
631     to the Education Interim Committee on or before the date of the November interim meeting in
632     2021.]
633          Section 10. Section 53G-7-504 is amended to read:
634          53G-7-504. Waiver of fees -- Appeal of decision.
635          (1) (a) If an LEA or a school within an LEA charges one or more fees, the LEA shall
636     grant a waiver to a student if charging the fee would deny the student the opportunity to fully
637     participate or complete a requirement because of an inability to pay the fee.
638          (b) An LEA governing board shall:
639          (i) adopt policies for granting a waiver; and
640          (ii) in accordance with Section 53G-7-505, give notice of waiver eligibility and
641     policies.
642          (2) (a) An LEA that charges a fee under this part [and Part 6, Textbook Fees,] may
643     provide a variety of alternatives for a student or family to satisfy a fee requirement, including
644     allowing a student to provide:
645          (i) tutorial assistance to other students;
646          (ii) assistance before or after school to teachers and other school personnel on school
647     related matters; and
648          (iii) general community or home service.
649          (b) Each LEA governing board may add to the list of alternatives provided by the state
650     board, subject to approval by the state board.
651          (3) With regard to a student who is in the custody of the Division of Child and Family
652     Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA
653     governing board shall require fee waivers or alternatives in accordance with this section.
654          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
655     state board shall make rules:
656          (a) requiring a parent of a student applying for a fee waiver to provide documentation
657     and certification to the school verifying:
658          (i) the student's eligibility to receive the waiver; and
659          (ii) if applicable, that the student has complied with alternatives for satisfying the fee
660     requirements under Subsection (2) to the fullest extent reasonably possible according to the
661     individual circumstances of the student and the LEA; and
662          (b) specifying the acceptable forms of documentation for the requirement under
663     Subsection (4)(a), which shall include verification based on income tax returns or current pay
664     stubs.
665          (5) Notwithstanding the requirements under Subsection (4), an LEA is not required to
666     keep documentation on file after the verification is completed.
667          (6) If a school denies a student or parent request for a fee waiver, the school shall
668     provide the student or parent:
669          (a) the school's written decision to deny a waiver; and
670          (b) the procedure to appeal in accordance with LEA policy.
671          Section 11. Section 53G-7-506, which is renumbered from Section 53G-7-602 is
672     renumbered and amended to read:
673          [53G-7-602].      53G-7-506. State policy on providing free textbooks.
674          (1) It is the public policy of this state that public education shall be free.
675          (2) A student may not be denied an education because of economic inability to
676     purchase textbooks necessary for advancement in or graduation from the public school system.
677          (3) [(a)] Beginning with the [2022-23] 2023-2024 school year, an LEA[: (i) except as
678     provided in Subsection (3)(a)(ii),] may not sell textbooks to students or otherwise charge
679     students a fee for textbooks [or the maintenance costs of school equipment; and].
680          [(ii) may only charge a fee for a textbook required for an Advanced Placement or, as
681     described in Section 53E-10-302, a concurrent enrollment course.]
682          [(b) The LEA shall waive a fee described in Subsection (3)(a)(ii) in full or in part if a
683     student qualifies for a waiver in accordance with Section 53G-7-504.]
684          Section 12. Section 53G-7-507, which is renumbered from Section 53G-7-603 is
685     renumbered and amended to read:
686          [53G-7-603].      53G-7-507. Purchase of textbooks -- Textbooks provided to
687     teachers.
688          (1) An LEA governing board may purchase textbooks directly from the textbook
689     publisher at prices and terms approved by the state board.
690          (2) An LEA governing board shall purchase each textbook necessary for a teacher to
691     conduct [his or her] the teacher's class.
692          (3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
693     funds, the textbook fund, or from other available funds.
694          (4) A textbook remains the property of the LEA.
695          Section 13. Section 53G-7-508, which is renumbered from Section 53G-7-606 is
696     renumbered and amended to read:
697          [53G-7-606].      53G-7-508. Disposal of textbooks.
698          (1) An LEA may not dispose of textbooks without first notifying all other LEAs in the
699     state of the LEA's intent to dispose of the textbooks.
700          (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
701     worn out.
702          (3) The state board shall develop rules and procedures directing the disposal of
703     textbooks.
704          Section 14. Section 53G-9-803 is amended to read:
705          53G-9-803. Remediation programs for secondary students.
706          (1) For purposes of this section:
707          (a) "Secondary school" means a school that provides instruction to students in grades 7,
708     8, 9, 10, 11, or 12.
709          (b) "Secondary school student":
710          (i) means a student enrolled in a secondary school; and
711          (ii) includes a student in grade 6 if the student attends a secondary school.
712          (2) A school district or charter school shall implement programs for secondary school
713     students to attain the competency levels and graduation requirements established by the state
714     board.
715          (3) (a) A school district or charter school shall establish remediation programs for
716     secondary school students who do not meet competency levels in English, mathematics,
717     science, or social studies.
718          (b) Participation in the programs is mandatory for secondary school students who fail
719     to meet the competency levels based on classroom performance.
720          (4) Secondary school students who require remediation under this section may not be
721     advanced to the following class in subject sequences until [they meet] the student meets the
722     required competency level for the subject or complete the required remediation program,
723     except that a school district or charter school may allow secondary school students requiring
724     remediation who would otherwise be scheduled to enter [their] the student's first year of high
725     school to complete [their] the student's remediation program during that first year.
726          (5) (a) Remediation programs provided under this section should not be unnecessarily
727     lengthy or repetitive.
728          (b) A secondary school student need not repeat an entire class if remediation can
729     reasonably be achieved through other means.
730          (6) A school district or charter school may charge secondary school students a fee to
731     participate in the remediation programs unless the secondary school student is in grade 6.
732          Section 15. Section 53G-10-503 is amended to read:
733          53G-10-503. Driver education funding -- Reimbursement of a local education
734     agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
735          (1) (a) Except as provided in Subsection (1)(b), a local education agency that provides
736     driver education shall fund the program solely through:
737          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
738     School Fund as created under Section 41-1a-1205; and
739          (ii) student fees collected by each school.
740          (b) In determining the cost of driver education, a local education agency may exclude:
741          (i) the full-time equivalent cost of a teacher for a driver education class taught during
742     regular school hours; and
743          (ii) classroom space and classroom maintenance.
744          (c) A local education agency may not use any additional school funds beyond those
745     allowed under Subsection (1)(b) to subsidize driver education.
746          (2) (a) The state superintendent shall, prior to September 2nd following the school year
747     during which it was expended, or may at earlier intervals during that school year, reimburse
748     each local education agency that applied for reimbursement in accordance with this section.
749          (b) A local education agency that maintains driver education classes that conform to
750     this part and the rules prescribed by the state board may apply for reimbursement for the actual
751     cost of providing the behind-the-wheel and observation training incidental to those classes.
752          (3) Under the state board's supervision for driver education, a local education agency
753     may:
754          (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
755     or
756          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
757     behind-the-wheel phase of the driver education program.
758          (4) The reimbursement amount shall be paid out of the Automobile Driver Education
759     Tax Account in the Uniform School Fund and may not exceed:
760          (a) $100 per student who has completed driver education during the school year;
761          (b) $30 per student who has only completed the classroom portion in the school during
762     the school year; or
763          (c) $70 per student who has only completed the behind-the-wheel and observation
764     portion in the school during the school year.
765          (5) If the amount of money in the account at the end of a school year is less than the
766     total of the reimbursable costs, the state superintendent shall allocate the money to each local
767     education agency in the same proportion that the local education agency's reimbursable costs
768     bear to the total reimbursable costs of all local education agencies.
769          (6) If the amount of money in the account at the end of any school year is more than the
770     total of the reimbursement costs provided under Subsection (4), the state superintendent may
771     allocate the excess funds to local education agencies:
772          (a) to reimburse each local education agency that applies for reimbursement of the cost
773     of a fee waived under Section 53G-7-504 for driver education; and
774          (b) to aid in the procurement of equipment and facilities which reduce the cost of
775     behind-the-wheel instruction.
776          (7) (a) A local school board shall, in accordance with Chapter 7, Part 5, Student Fees,
777     establish the student fee for driver education for the local education agency.
778          (b) Student fees shall be reasonably associated with the costs of driver education that
779     are not otherwise covered by reimbursements and allocations made under this section.
780          Section 16. Section 63I-2-253 is amended to read:
781          63I-2-253. Repeal dates: Titles 53 through 53G.
782          [(1) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
783     technical college board of trustees, is repealed July 1, 2022.]
784          [(b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
785     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
786     necessary changes to subsection numbering and cross references.]
787          [(2)] (1) Section 53B-6-105.7 is repealed July 1, 2024.
788          [(3)] (2) Section 53B-7-707 regarding performance metrics for technical colleges is
789     repealed July 1, 2023.
790          [(4)] (3) Section 53B-8-114 is repealed July 1, 2024.
791          [(5)] (4) The following provisions, regarding the Regents' scholarship program, are
792     repealed on July 1, 2023:
793          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
794     established under Sections 53B-8-202 through 53B-8-205";
795          (b) Section 53B-8-202;
796          (c) Section 53B-8-203;
797          (d) Section 53B-8-204; and
798          (e) Section 53B-8-205.
799          [(6)] (5) Section 53B-10-101 is repealed on July 1, 2027.
800          [(7)] (6) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
801     repealed July 1, 2023.
802          [(8)] (7) Subsection 53E-1-201(1)(s) regarding the report by the Educational
803     Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
804          [(9)] (8) Section 53E-1-202.2, regarding a Public Education Appropriations
805     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
806          [(10)] (9) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
807     July 1, 2024.
808          [(11)] (10) In Subsections 53F-2-205(4) and (5), regarding the State Board of
809     Education's duties if contributions from the minimum basic tax rate are overestimated or
810     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
811     2023.
812          [(12)] (11) Section 53F-2-209, regarding local education agency budgetary flexibility,
813     is repealed July 1, 2024.
814          [(13)] (12) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
815     repealed July 1, 2023.
816          [(14)] (13) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
817     Program, is repealed July 1, 2023.
818          [(15)] (14) Subsection 53F-2-314(4), relating to a one-time expenditure between the
819     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
820          [(16)] (15) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
821     is repealed July 1, 2024.
822          [(17)] (16) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
823     applicable" is repealed July 1, 2023.
824          [(18)] (17) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
825     enrollment in kindergarten, is repealed July 1, 2022.
826          [(19)] (18) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
827     in Subsection (4)(d)" is repealed July 1, 2022.
828          [(20) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.]
829          [(21)] (19) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
830     applicable" is repealed July 1, 2023.
831          [(22)] (20) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
832     applicable" is repealed July 1, 2023.
833          [(23)] (21) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
834     applicable" is repealed July 1, 2023.
835          [(24)] (22) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
836     as applicable" is repealed July 1, 2023.
837          [(25)] (23) On July 1, 2023, when making changes in this section, the Office of
838     Legislative Research and General Counsel shall, in addition to the office's authority under
839     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
840     identified in this section are complete sentences and accurately reflect the office's perception of
841     the Legislature's intent.
842          Section 17. Repealer.
843          This bill repeals:
844          Section 53G-7-601, Definitions.
845          Section 18. Effective date.
846          This bill takes effect on July 1, 2023.