This document includes House Committee Amendments incorporated into the bill on Fri, Feb 9, 2024 at 10:02 AM by housengrossing.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 23, 2024 at 10:54 AM by lpoole.
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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 fees a local education agency (LEA) may charge a secondary school
14 student for a curricular or co-curricular activity for a certain duration;
15 ▸ authorizes an LEA to charge a secondary school student a fee for an extracurricular
16 activity for a certain duration;
17 ▸ prohibits an 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; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380
28 53E-8-401, as last amended by Laws of Utah 2020, Chapter 408
29 53E-10-305, as last amended by Laws of Utah 2020, Chapters 220, 365
30 53G-5-405, as last amended by Laws of Utah 2023, Chapter 343
31 53G-6-302, as last amended by Laws of Utah 2023, Chapter 328
32 53G-6-303, as last amended by Laws of Utah 2019, Chapter 293
33 53G-6-701, as enacted by Laws of Utah 2018, Chapter 3
34 53G-7-501, as last amended by Laws of Utah 2020, Chapter 51
35 53G-7-502, as last amended by Laws of Utah 2019, Chapter 223
36 53G-7-503, as last amended by Laws of Utah 2021, Chapter 341
37 53G-7-504, as last amended by Laws of Utah 2020, Chapter 408
38 53G-9-803, as last amended by Laws of Utah 2019, Chapter 293
39 53G-10-503, as last amended by Laws of Utah 2021, Chapter 247
40 63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
41 21, 33, 142, 167, 168, 380, 383, and 467
42 63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
43 33, 142, 167, 168, 310, 380, 383, and 467
44 RENUMBERS AND AMENDS:
45 53G-7-506, (Renumbered from 53G-7-602, as last amended by Laws of Utah 2020,
46 Chapter 138)
47 53G-7-507, (Renumbered from 53G-7-603, as repealed and reenacted by Laws of Utah
48 2019, Chapter 223)
49 REPEALS:
50 53G-7-601, as last amended by Laws of Utah 2020, Chapter 138
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53E-1-201 is amended to read:
54 53E-1-201. Reports to and action required of the Education Interim Committee.
55 (1) In accordance with applicable provisions and Section 68-3-14, the following
56 recurring reports are due to the Education Interim Committee:
57 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
58 including the information described in Section 9-22-113 on the status of the computer science
59 initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
60 (b) the prioritized list of data research described in Section 53B-33-302 and the report
61 on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
62 (c) the report described in Section 35A-15-303 by the State Board of Education on
63 preschool programs;
64 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
65 on career and technical education issues and addressing workforce needs;
66 (e) the annual report of the Utah Board of Higher Education described in Section
67 53B-1-402;
68 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
69 regarding activities related to campus safety;
70 (g) the State Superintendent's Annual Report by the state board described in Section
71 53E-1-203;
72 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
73 plan to improve student outcomes;
74 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
75 the Deaf and the Blind;
76 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
77 Actionable, and Dynamic Education director on research and other activities;
78 (k) the report described in Section 53F-2-522 regarding mental health screening
79 programs;
80 (l) the report described in Section 53F-4-203 by the state board and the independent
81 evaluator on an evaluation of early interactive reading software;
82 (m) the report described in Section 63N-20-107 by the Governor's Office of Economic
83 Opportunity 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;
96 (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
97 and Translation Service Procurement Advisory Council; and
98 (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
99 Program.
100 (2) In accordance with applicable provisions and Section 68-3-14, the following
101 occasional reports are due to the Education Interim Committee:
102 [
103
104 [
105
106 [
107 explaining the reasons for changing the grade level specification for the administration of
108 specific assessments;
109 [
110 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
111 [
112
113 [
114 Actionable, and Dynamic Education;
115 [
116 evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
117 high poverty schools;
118 [
119 Educational Improvement Opportunities Outside of the Regular School Day Grant Program;
120 [
121 expenditure of a percentage of state restricted funds to support an innovative education
122 program;
123 [
124
125 [
126 proposed rules and results related to educator exit surveys; and
127 [
128 Mental Health, the State Board of Education, and the Department of Health and Human
129 [
130 school-based health services.
131 Section 2. Section 53E-8-401 is amended to read:
132 53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind.
133 (1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to
134 receive services of the Utah Schools for the Deaf and the Blind if the individual is:
135 (a) a resident of Utah;
136 (b) younger than 22 years [
137 (c) referred to the Utah Schools for the Deaf and the Blind by:
138 (i) the individual's school district of residence;
139 (ii) a local early intervention program; or
140 (iii) if the referral is consistent with the Individual with Disabilities Education Act, 20
141 U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
142 (d) identified as deaf, blind, or deafblind through:
143 (i) the special education eligibility determination process; or
144 (ii) the Section 504 eligibility determination process.
145 (2) (a) In determining eligibility for an individual who is younger than age three and is
146 deafblind, the following information may be used:
147 (i) opthalmological and audiological documentation;
148 (ii) functional vision or hearing assessments and evaluations; or
149 (iii) informed clinical opinion conducted by a person with expertise in deafness,
150 blindness, or deafblindness.
151 (b) Informed clinical opinion shall be:
152 (i) included in the determination of eligibility when documentation is incomplete or not
153 conclusive; and
154 (ii) based on pertinent records related to the individual's current health status and
155 medical history, an evaluation and observations of the individual's level of sensory functioning,
156 and the needs of the family.
157 (3) (a) A student who qualifies for special education shall have services and placement
158 determinations made through the IEP process.
159 (b) A student who qualifies for accommodations under Section 504 shall have services
160 and placement determinations made through the Section 504 team process.
161 (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
162 Blind in accordance with the rules of the state board described in Subsection (6).
163 (b) [
164 that the rules described in Subsection (6) require the payment of tuition for services provided to
165 a nonresident.
166 (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
167 the Blind under circumstances described in Section 53E-8-408.
168 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
169 state board:
170 (a) shall make rules that determine the eligibility of students to be served by the Utah
171 Schools for the Deaf and the Blind; and
172 (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
173 to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger
174 than 22 years [
175 Section 3. Section 53E-10-305 is amended to read:
176 53E-10-305. Tuition and fees.
177 (1) Except as provided in this section, the Utah Board of Higher Education or an
178 institution of higher education may not charge tuition or fees for a concurrent enrollment
179 course.
180 (2) (a) The Utah Board of Higher Education may charge a one-time fee for a student to
181 participate in the concurrent enrollment program.
182 (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
183 admission application fee requirement for a full-time or part-time student at an institution of
184 higher education.
185 (3) (a) An institution of higher education may charge a one-time admission application
186 fee for concurrent enrollment course credit offered by the institution of higher education.
187 (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
188 application fee requirement for a full-time or part-time student at an institution of higher
189 education.
190 (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
191 charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
192 for which a student earns college credit.
193 (b) An institution of higher education may not charge more than:
194 (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
195 school lunch;
196 (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
197 an eligible instructor described in Subsection 53E-10-302(6)(b); or
198 (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
199 conferencing.
200 [
201
202 Section 4. Section 53G-5-405 is amended to read:
203 53G-5-405. Application of statutes and rules to charter schools.
204 (1) A charter school shall operate in accordance with its charter agreement and is
205 subject to this public education code and other state laws applicable to public schools, except
206 as otherwise provided in this chapter and other related provisions.
207 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), state board rules governing
208 the following do not apply to a charter school:
209 (i) school libraries;
210 (ii) required school administrative and supervisory services; and
211 (iii) required expenditures for instructional supplies.
212 (b) A charter school shall comply with rules implementing statutes that prescribe how
213 state appropriations may be spent.
214 (c) If a charter school provides access to a school library, the charter school governing
215 board shall provide an online platform:
216 (i) through which a parent is able to view the title, author, and a description of any
217 material the parent's child borrows from the school library, including a history of borrowed
218 materials, either using an existing online platform that the charter school uses or through a
219 separate platform; and
220 (ii) (A) for a charter school with 1,000 or more enrolled students, no later than August
221 1, 2024; and
222 (B) for a charter school with fewer than 1,000 enrolled students, no later than August 1,
223 2026.
224 (3) The following provisions of this public education code, and rules adopted under
225 those provisions, do not apply to a charter school:
226 (a) Section 53E-4-408, requiring an independent evaluation of instructional materials;
227 (b) Section 53G-4-409, requiring the use of activity disclosure statements;
228 (c) Sections 53G-7-304 and 53G-7-306, pertaining to fiscal procedures of school
229 districts and local school boards;
230 [
231 [
232 council; and
233 [
234 (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
235 school is considered an educational procurement unit as defined in Section 63G-6a-103.
236 (5) Each charter school shall be subject to:
237 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
238 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
239 (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
240 of certain nonprofit corporations. A charter school is subject to the requirements of Section
241 53G-5-404.
242 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
243 existing state law and administrative rules for the purpose of determining from which laws and
244 rules charter schools should be exempt.
245 (b) (i) The State Charter School Board shall present recommendations for exemption to
246 the state board for consideration.
247 (ii) The state board shall consider the recommendations of the State Charter School
248 Board and respond within 60 days.
249 Section 5. Section 53G-6-302 is amended to read:
250 53G-6-302. Child's school district of residence -- Determination -- Responsibility
251 for providing educational services.
252 (1) As used in this section:
253 (a) "Health care facility" means the same as that term is defined in Section 26B-2-201.
254 (b) "Human services program" means the same as that term is defined in Section
255 26B-2-101.
256 (c) "Supervision" means a minor child is:
257 (i) receiving services from a state agency, local mental health authority, or substance
258 abuse authority with active involvement or oversight; and
259 (ii) engaged in a human services program that is properly licensed or certified and has
260 provided the school district receiving the minor child with an education plan that complies with
261 the requirements of Section 26B-2-116.
262 (2) The school district of residence of a minor child whose custodial parent resides
263 within Utah is:
264 (a) the school district in which the custodial parent resides; or
265 (b) the school district in which the child resides:
266 (i) while in the custody or under the supervision of a Utah state agency, local mental
267 health authority, or substance abuse authority;
268 (ii) while under the supervision of a private or public agency which is in compliance
269 with Section 26B-2-131 and is authorized to provide child placement services by the state;
270 (iii) while living with a responsible adult resident of the district, if a determination has
271 been made in accordance with rules made by the state board in accordance with Title 63G,
272 Chapter 3, Utah Administrative Rulemaking Act, that:
273 (A) the child's physical, mental, moral, or emotional health will best be served by
274 considering the child to be a resident for school purposes;
275 (B) exigent circumstances exist that do not permit the case to be appropriately
276 addressed under Section 53G-6-402; and
277 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
278 does not violate any other law or rule of the state board;
279 (iv) while the child is receiving services from a health care facility or human services
280 program, if a determination has been made in accordance with rules made by the state board in
281 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
282 (A) the child's physical, mental, moral, or emotional health will best be served by
283 considering the child to be a resident for school purposes;
284 (B) exigent circumstances exist that do not permit the case to be appropriately
285 addressed under Section 53G-6-402; and
286 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
287 does not violate any other law or rule of the state board; or
288 (v) if the child is married or has been determined to be an emancipated minor by a
289 court of law or by a state administrative agency authorized to make that determination.
290 (3) A minor child whose custodial parent does not reside in the state is considered to be
291 a resident of the district in which the child lives, unless that designation violates any other law
292 or rule of the state board, if:
293 (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
294 (b) the child lives with a resident of the district who is a responsible adult and whom
295 the district agrees to designate as the child's legal guardian under Section 53G-6-303;
296 (c) if permissible under policies adopted by a local school board, it is established to the
297 satisfaction of the local school board that:
298 (i) the child lives with a responsible adult who is a resident of the district and is the
299 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
300 (ii) the child's presence in the district is not for the primary purpose of attending the
301 public schools;
302 (iii) the child's physical, mental, moral, or emotional health will best be served by
303 considering the child to be a resident for school purposes; and
304 (iv) the child is prepared to abide by the policies of the school and school district in
305 which attendance is sought; or
306 (d) it is established to the satisfaction of the local school board that:
307 (i) the child's parent moves from the state;
308 (ii) the child's parent executes a power of attorney under Section 75-5-103 that:
309 (A) meets the requirements of Subsection (4); and
310 (B) delegates powers regarding care, custody, or property, including schooling, to a
311 responsible adult with whom the child resides;
312 (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
313 district;
314 (iv) the child's physical, mental, moral, or emotional health will best be served by
315 considering the child to be a resident for school purposes;
316 (v) the child is prepared to abide by the policies of the school and school district in
317 which attendance is sought; and
318 (vi) the child's attendance in the school will not be detrimental to the school or school
319 district.
320 (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
321 district may require the person with whom the child lives to be designated as the child's
322 custodian in a durable power of attorney, issued by the party who has legal custody of the child,
323 granting the custodian full authority to take any appropriate action, including authorization for
324 educational or medical services, in the interests of the child.
325 (b) Both the party granting and the party empowered by the power of attorney shall
326 agree to:
327 (i) assume responsibility for any fees [
328 53G-7-501, to the child's education in the district; and
329 (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
330 school district with all financial information requested by the district for purposes of
331 determining eligibility for fee waivers.
332 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
333 this section and accepted by the school district shall remain in force until the earliest of the
334 following occurs:
335 (i) the child reaches [
336 (ii) the expiration date stated in the document; or
337 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
338 or by order of a court of competent jurisdiction.
339 (5) A power of attorney does not confer legal guardianship.
340 (6) Each school district is responsible for providing educational services for all
341 children of school age who are residents of the district.
342 Section 6. Section 53G-6-303 is amended to read:
343 53G-6-303. Guardianship for residency purposes by responsible adult --
344 Procedure to obtain -- Termination.
345 (1) For purposes of this part, "responsible adult" means a person 21 years [
346 or older who is a resident of this state and is willing and able to provide reasonably adequate
347 food, clothing, shelter, and supervision for a minor child.
348 (2) A local school board may adopt a policy permitting it to designate a responsible
349 adult residing in the school district as legal guardian of a child whose custodial parent does not
350 reside within the state upon compliance with the following requirements:
351 (a) submission to the school district of a signed and notarized affidavit by the child's
352 custodial parent stating that:
353 (i) the child's presence in the district is not for the primary purpose of attending the
354 public schools;
355 (ii) the child's physical, mental, moral, or emotional health would best be served by a
356 transfer of guardianship to the Utah resident;
357 (iii) the affiant is aware that designation of a guardian under this section is equivalent
358 to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
359 existing parental or guardianship rights in the same manner as would occur under a
360 court-ordered guardianship;
361 (iv) the affiant consents and submits to any such suspension or termination of parental
362 or guardianship rights;
363 (v) the affiant consents and submits to the jurisdiction of the state district court in
364 which the school district is located in any action relating to the guardianship or custody of the
365 child in question;
366 (vi) the affiant designates a named responsible adult as agent, authorized to accept
367 service on behalf of the affiant of any process, notice, or demand required or permitted to be
368 served in connection with any action under Subsection (2)(a)(v); and
369 (vii) it is the affiant's intent that the child become a permanent resident of the state and
370 reside with and be under the supervision of the named responsible adult;
371 (b) submission to the school district of a signed and notarized affidavit by the
372 responsible adult stating that:
373 (i) the affiant is a resident of the school district and desires to become the guardian of
374 the child;
375 (ii) the affiant consents and submits to the jurisdiction of the state district court in
376 which the school district is located in any action relating to the guardianship or custody of the
377 child in question;
378 (iii) the affiant will accept the responsibilities of guardianship for the duration,
379 including the responsibility to provide adequate supervision, discipline, food, shelter,
380 educational and emotional support, and medical care for the child if designated as the child's
381 guardian; and
382 (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
383 (c) submission to the school district of a signed and notarized affidavit by the child
384 stating that:
385 (i) the child desires to become a permanent resident of Utah and reside with and be
386 responsible to the named responsible adult; and
387 (ii) the child will abide by all applicable policies of any public school which the child
388 may attend after guardianship is awarded; and
389 (d) if the child's custodial parent cannot be found in order to execute the statement
390 required under Subsection (2)(a), the responsible adult must submit an affidavit to that effect to
391 the district. The district shall also submit a copy of the statement to the Criminal Investigations
392 and Technical Services Division of the Department of Public Safety, established in Section
393 53-10-103.
394 (3) The district may require the responsible adult, in addition to the documents set forth
395 in Subsection (2), to also submit any other documents which are relevant to the appointment of
396 a guardian of a minor or which the district reasonably believes to be necessary in connection
397 with a given application to substantiate any claim or assertion made in connection with the
398 application for guardianship.
399 (4) Upon receipt of the information and documentation required under Subsections (2)
400 and (3), and a determination by the local school board that the information is accurate, that the
401 requirements of this section have been met, and that the interests of the child would best be
402 served by granting the requested guardianship, the local school board or its authorized
403 representative may designate the applicant as guardian of the child by issuing a designation of
404 guardianship letter to the applicant.
405 (5) (a) If a local school board has adopted a policy permitting the local school board to
406 designate a guardian under this section, a denial of an application for appointment of a
407 guardian may be appealed to the district court in which the school district is located.
408 (b) The court shall uphold the decision of the local school board unless it finds, by
409 clear and convincing evidence, that the local school board's decision was arbitrary and
410 capricious.
411 (c) An applicant may, rather than appealing the local school board's decision under
412 Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
413 which action shall proceed as if no decision had been made by the local school board.
414 (6) A responsible adult obtaining guardianship under this section has the same rights,
415 authority, and responsibilities as a guardian appointed under Section 75-5-201.
416 (7) (a) The school district shall deliver the original documents filed with the school
417 district, together with a copy of the designation of guardianship issued by the district, in person
418 or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
419 the school district is located.
420 (b) The court may not charge the school district a fee for filing guardianship papers
421 under this section.
422 (8) (a) The authority and responsibility of a custodial parent submitting an affidavit
423 under this section may be restored by the district, and the guardianship obtained under this
424 section terminated by the district:
425 (i) upon submission to the school district in which the guardianship was obtained of a
426 signed and notarized statement by the person who consented to guardianship under Subsection
427 (2)(a) requesting termination of the guardianship; or
428 (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
429 termination of the guardianship.
430 (b) If the school district determines that it would not be in the best interests of the child
431 to terminate the guardianship, the district may refer the request for termination to the state
432 district court in which the documents were filed under Subsection (5) for further action
433 consistent with the interests of the child.
434 (9) The school district shall retain copies of all documents required by this section
435 until the child in question has reached [
436 the documents by a court of competent jurisdiction.
437 (10) (a) Intentional submission to a school district of fraudulent or misleading
438 information under this part is punishable under Section 76-8-504.
439 (b) A school district which has reason to believe that a party has intentionally
440 submitted false or misleading information under this part may, after notice and opportunity for
441 the party to respond to the allegation:
442 (i) void any guardianship, authorization, or action which was based upon the false or
443 misleading information; and
444 (ii) recover, from the party submitting the information, the full cost of any benefits
445 received by the child on the basis of the false or misleading information, including tuition, fees,
446 as defined in Section 53G-7-501, and other unpaid school charges, together with any related
447 costs of recovery.
448 (c) A student whose guardianship or enrollment has been terminated under this section
449 may, upon payment of all applicable tuition and fees, as defined in Section 53G-7-501,
450 continue in enrollment until the end of the school year unless excluded from attendance for
451 cause.
452 Section 7. Section 53G-6-701 is amended to read:
453 53G-6-701. Definitions.
454 [
455 53G-7-501.
456 Section 8. Section 53G-7-501 is amended to read:
457 53G-7-501. Definitions.
458 As used in this part:
459 (1) "Co-curricular activity" means an activity, a course, or a program that:
460 (a) is an extension of a curricular activity;
461 (b) is included in an instructional plan and supervised or conducted by a teacher or
462 education professional;
463 (c) is conducted outside of regular school hours;
464 (d) is provided, sponsored, or supported by an LEA; and
465 (e) includes a required regular school day activity, course, or program.
466 (2) "Curricular activity" means an activity, a course, or a program that is:
467 (a) intended to deliver instruction;
468 (b) provided, sponsored, or supported by an LEA; and
469 (c) conducted only during school hours.
470 (3) "Elementary school" means a school that provides instruction to students in grades
471 kindergarten, 1, 2, 3, 4, 5, or 6.
472 (4) (a) "Elementary school student" means a student enrolled in an elementary school.
473 (b) "Elementary school student" does not include a secondary school student.
474 (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
475 (i) not directly related to delivering instruction;
476 (ii) not a curricular activity or co-curricular activity; and
477 (iii) provided, sponsored, or supported by an LEA.
478 (b) "Extracurricular activity" does not include a noncurricular club as defined in
479 Section 53G-7-701.
480 (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
481 (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
482 described, requested, or required directly or indirectly;
483 (ii) in the form of money, goods, or services; and
484 (iii) that is a condition to a student's full participation in an activity, course, or program
485 that is provided, sponsored, or supported by an LEA.
486 (b) "Fee" includes:
487 [
488
489 [
490 transportation, food, lodging, and admission charges;
491 [
492 or program;
493 [
494 equipment or supplies; [
495 [
496 [
497 [
498 (c) "Fee" does not include:
499 (i) a student fine specifically approved by an LEA for:
500 (A) failing to return school property;
501 (B) losing, wasting, or damaging private or school property through intentional,
502 careless, or irresponsible behavior, or as described in Section 53G-8-212; or
503 (C) improper use of school property, including a parking violation;
504 (ii) a payment for school breakfast or lunch;
505 (iii) a deposit that is:
506 (A) a pledge securing the return of school property; and
507 (B) refunded upon the return of the school property; [
508 (iv) a charge for insurance, unless the insurance is required for a student to participate
509 in an activity, course, or program[
510 (v) money or another item of monetary value raised by a student or the student's family
511 through fundraising.
512 (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
513 an LEA that uses students to generate funds or raise money to:
514 (i) provide financial support to a school or a school's class, group, team, or program; or
515 (ii) benefit a particular charity or for other charitable purposes.
516 (b) "Fundraising" does not include an alternative method of raising revenue without
517 students.
518 (8) (a) "Instructional equipment or supplies" means an activity-, course-, or
519 program-related supply or tool that:
520 (i) a student is required to use as part of an activity, course, or program in a secondary
521 school;
522 (ii) becomes the property of the student upon exiting the activity, course, or program;
523 and
524 (iii) is subject to a fee waiver.
525 (b) "Instructional equipment or supplies" does not include school equipment.
526 [
527 (i) (A) that meet specific requirements, including requesting a specific brand, fabric, or
528 imprint; and
529 (B) that a school requires a student to provide; and
530 (ii) that [
531 an activity-, course-, or a program-related activity.
532 (b) "School activity clothing" does not include:
533 (i) a school uniform; or
534 (ii) clothing that is commonly found in students' homes.
535 (10) "School equipment" means a machine, equipment, facility, or tool that:
536 (a) is durable;
537 (b) is owned by a secondary school; and
538 (c) a student uses as part of an activity, course, or program in a secondary school.
539 [
540 (i) (A) that meet specific requirements, including a requested specific color, style,
541 fabric, or imprint; and
542 (B) that a school requires a student to provide; and
543 (ii) that is worn by a student for a curricular activity.
544 (b) "School uniform" does not include school activity clothing.
545 [
546 grades 7, 8, 9, 10, 11, or 12.
547 [
548 (a) means a student enrolled in a secondary school; and
549 (b) includes a student in grade 6 if the student attends a secondary school.
550 [
551
552 program, regardless of the format of the material.
553 (b) "Textbook" includes:
554 (i) a hardcopy book or printed pages of instructional material, including a consumable
555 workbook; or
556 (ii) computer hardware, software, or digital content.
557 (c) "Textbook" does not include instructional equipment or supplies.
558 [
559 and from any provision in lieu of fee payment.
560 Section 9. Section 53G-7-502 is amended to read:
561 53G-7-502. Schools to be free.
562 Except as otherwise provided in this public education code, the public education system
563 shall be free to an individual:
564 (1) between five and 18 years [
565 (2) over 18 years old who is domiciled in the state of Utah and has not completed
566 requirements for a high school diploma.
567 Section 10. Section 53G-7-503 is amended to read:
568 53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement -- Penalties.
569 (1) (a) An LEA may only charge a fee if the fee is:
570 (i) authorized under this part; and
571 (ii) noticed by the LEA governing board in accordance with Section 53G-7-505.
572 (b) Beginning July 1, 2024, and ending June 30, 2029, an LEA shall determine a
573 phase-out plan for charging fees under this section Ĥ→ , Ŝ→ [
573a1 described in
573a Subsection (3) ←Ĥ .
574 (2) (a) An LEA may not require a fee for elementary school activities that are part of
575 the regular school day or for supplies used during the regular school day.
576 (b) An elementary school or elementary school teacher may compile and provide to [
577 an elementary school student's parent a suggested list of supplies for use during the regular
578 school day so that a parent may furnish, only on a voluntary basis, those supplies for student
579 use.
580 (c) A list provided to an elementary school student's parent in accordance with
581 Subsection (2)(b) shall include and be preceded by the following language:"NOTICE: THE
582 ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR SCHOOL DAY. THEY
583 MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS, OTHERWISE, THEY
584 WILL BE FURNISHED BY THE SCHOOL."
585 (3) Ĥ→ [
585a
586 (a) for a curricular activity or a co-curricular activity, an LEA may not charge a
587 secondary student a fee except for the following:
588 (i) instructional equipment or supplies;
589 (ii) an Advanced Placement exam;
590 (iii) an International Baccalaureate exam;
591 (iv) a driver education course described in Section 53G-10-503;
592 (v) a payment for a fee for:
593 (A) open enrollment application processing in accordance with Section 53G-6-402;
594 (B) charter school application processing in accordance with Section 53G-6-503; or
595 (C) competency remediation programs in accordance with Section 53G-9-803;
596 (vi) a fee described in Subsection (5); or
597 (vii) a music instrument rental;
598 (b) for that portion of a co-curricular activity that is during regular school hours, an
599 LEA may only charge a secondary student for the fees described in Subsection (3)(a); and
600 (c) except as provided in Subsection (5), an LEA may charge a secondary student a fee
601 for an extracurricular activity, including the life-cycle replacement costs for school equipment
602 directly related to the extracurricular activity.
603 (4) An LEA may charge a secondary student or an individual a fee for an adult
604 education course in accordance with Section 53E-10-202.
605 (5) An LEA may not charge a fee, except as provided in Subsection (3)(c):
606 (a) for school equipment; or
607 (b) that is general in nature and for a service or good that does not have a direct benefit
608 to the student paying the fee.
609 (6) An LEA governing board shall authorize each fee individually.
610 [
611 a fee under this part, the fee shall be equal to or less than the expense incurred by the LEA in
612 providing for a student the activity, course, or program for which the LEA imposes the fee.
613 (b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
614 another fee, including a fee to supplant or subsidize an expense that the LEA incurs for:
615 (i) a curricular activity; or
616 (ii) an expense for the portion of a co-curricular activity that occurs during regular
617 school hours.
618 [
619 Notwithstanding Section 53E-3-401, if the state board finds that an LEA has violated a
620 provision of this part [
621 against the LEA, which may include:
622 [
623 [
624 [
625 by the state board.
626 [
627 Act, the state board shall make rules:
628 [
629 state board action described in this Subsection [
630 [
631 (10) An LEA may not charge a fee under this part after the 2028-2029 school year Ĥ→
631a other than for an extracurricular activity, including the life-cycle replacement costs for school
631b equipment
631c directly related to the extracurricular activity. ←Ĥ .
632 Ĥ→ [
633 fiscal impact of an LEA's inability to charge fees under this part in a given fiscal year, the
634 Legislature may provide future appropriations to LEAs.
635 [
636
637 [
638
639 [
640 [
641 [
642 [
643 [
644 [
645 [
646
647 [
648
649
650 Section 11. Section 53G-7-504 is amended to read:
651 53G-7-504. Waiver of fees -- Appeal of decision.
652 (1) (a) [
653 charges one or more fees, the LEA shall grant a waiver to a student if charging the fee would
654 deny the student the opportunity to fully participate or complete a requirement because of an
655 inability to pay the fee.
656 (b) An LEA governing board shall:
657 (i) adopt policies for granting a waiver; and
658 (ii) in accordance with Section 53G-7-505, give notice of waiver eligibility and
659 policies.
660 (2) (a) An LEA that charges a fee under this part [
661 provide a variety of alternatives for a student or family to satisfy a fee requirement, including
662 allowing a student to provide:
663 (i) tutorial assistance to other students;
664 (ii) assistance before or after school to teachers and other school personnel on school
665 related matters; and
666 (iii) general community or home service.
667 (b) Each LEA governing board may add to the list of alternatives provided by the state
668 board, subject to approval by the state board.
669 (3) With regard to a student who is in the custody of the Division of Child and Family
670 Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA
671 governing board shall require fee waivers or alternatives in accordance with this section.
672 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
673 state board shall make rules:
674 (a) requiring a parent of a student applying for a fee waiver to provide documentation
675 and certification to the school verifying:
676 (i) the student's eligibility to receive the waiver; and
677 (ii) if applicable, that the student has complied with alternatives for satisfying the fee
678 requirements under Subsection (2) to the fullest extent reasonably possible according to the
679 individual circumstances of the student and the LEA; and
680 (b) specifying the acceptable forms of documentation for the requirement under
681 Subsection (4)(a), which shall include verification based on income tax returns or current pay
682 stubs.
683 (5) Notwithstanding the requirements under Subsection (4), an LEA is not required to
684 keep documentation on file after the verification is completed.
685 (6) If a school denies a student or parent request for a fee waiver, the school shall
686 provide the student or parent:
687 (a) the school's written decision to deny a waiver; and
688 (b) the procedure to appeal in accordance with LEA policy.
689 Section 12. Section 53G-7-506, which is renumbered from Section 53G-7-602 is
690 renumbered and amended to read:
691 [
692 (1) It is the public policy of this state that public education shall be free.
693 (2) A student may not be denied an education because of economic inability to
694 purchase textbooks necessary for advancement in or graduation from the public school system.
695 (3) (a) Beginning with the [
696 [
697
698 [
699 International Baccalaureate, or, as described in Section 53E-10-302, a concurrent enrollment
700 course.
701 (b) The LEA shall waive a fee described in Subsection [
702 part if a student qualifies for a waiver in accordance with Section 53G-7-504.
703 Section 13. Section 53G-7-507, which is renumbered from Section 53G-7-603 is
704 renumbered and amended to read:
705 [
706 teachers.
707 (1) An LEA governing board may purchase textbooks directly from the textbook
708 publisher at prices and terms approved by the state board.
709 (2) An LEA governing board shall purchase each textbook necessary for a teacher to
710 conduct [
711 (3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
712 funds, the textbook fund, or from other available funds.
713 (4) A textbook remains the property of the LEA.
714 Section 14. Section 53G-9-803 is amended to read:
715 53G-9-803. Remediation programs for secondary students.
716 (1) For purposes of this section:
717 (a) "Secondary school" means a school that provides instruction to students in grades 7,
718 8, 9, 10, 11, or 12.
719 (b) "Secondary school student":
720 (i) means a student enrolled in a secondary school; and
721 (ii) includes a student in grade 6 if the student attends a secondary school.
722 (2) A school district or charter school shall implement programs for secondary school
723 students to attain the competency levels and graduation requirements established by the state
724 board.
725 (3) (a) A school district or charter school shall establish remediation programs for
726 secondary school students who do not meet competency levels in English, mathematics,
727 science, or social studies.
728 (b) Participation in the programs is mandatory for secondary school students who fail
729 to meet the competency levels based on classroom performance.
730 (4) Secondary school students who require remediation under this section may not be
731 advanced to the following class in subject sequences until [
732 required competency level for the subject or complete the required remediation program,
733 except that a school district or charter school may allow secondary school students requiring
734 remediation who would otherwise be scheduled to enter [
735 school to complete [
736 (5) (a) Remediation programs provided under this section should not be unnecessarily
737 lengthy or repetitive.
738 (b) A secondary school student need not repeat an entire class if remediation can
739 reasonably be achieved through other means.
740 (6) A school district or charter school may charge secondary school students a fee to
741 participate in the remediation programs unless the secondary school student is in grade 6.
742 Section 15. Section 53G-10-503 is amended to read:
743 53G-10-503. Driver education funding -- Reimbursement of a local education
744 agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
745 (1) (a) Except as provided in Subsection (1)(b), a local education agency that provides
746 driver education shall fund the program solely through:
747 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
748 School Fund as created under Section 41-1a-1205; and
749 (ii) student fees collected by each school.
750 (b) In determining the cost of driver education, a local education agency may exclude:
751 (i) the full-time equivalent cost of a teacher for a driver education class taught during
752 regular school hours; and
753 (ii) classroom space and classroom maintenance.
754 (c) A local education agency may not use any additional school funds beyond those
755 allowed under Subsection (1)(b) to subsidize driver education.
756 (2) (a) The state superintendent shall, prior to September 2nd following the school year
757 during which it was expended, or may at earlier intervals during that school year, reimburse
758 each local education agency that applied for reimbursement in accordance with this section.
759 (b) A local education agency that maintains driver education classes that conform to
760 this part and the rules prescribed by the state board may apply for reimbursement for the actual
761 cost of providing the behind-the-wheel and observation training incidental to those classes.
762 (3) Under the state board's supervision for driver education, a local education agency
763 may:
764 (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
765 or
766 (b) contract with private parties or agencies licensed under Section 53-3-504 for the
767 behind-the-wheel phase of the driver education program.
768 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
769 Tax Account in the Uniform School Fund and may not exceed:
770 (a) $100 per student who has completed driver education during the school year;
771 (b) $30 per student who has only completed the classroom portion in the school during
772 the school year; or
773 (c) $70 per student who has only completed the behind-the-wheel and observation
774 portion in the school during the school year.
775 (5) If the amount of money in the account at the end of a school year is less than the
776 total of the reimbursable costs, the state superintendent shall allocate the money to each local
777 education agency in the same proportion that the local education agency's reimbursable costs
778 bear to the total reimbursable costs of all local education agencies.
779 (6) If the amount of money in the account at the end of any school year is more than the
780 total of the reimbursement costs provided under Subsection (4), the state superintendent may
781 allocate the excess funds to local education agencies:
782 (a) to reimburse each local education agency that applies for reimbursement of the cost
783 of a fee waived under Section 53G-7-504 for driver education; and
784 (b) to aid in the procurement of equipment and facilities which reduce the cost of
785 behind-the-wheel instruction.
786 (7) (a) A local school board shall, in accordance with Chapter 7, Part 5, Student Fees,
787 establish the student fee for driver education for the local education agency.
788 (b) Student fees shall be reasonably associated with the costs of driver education that
789 are not otherwise covered by reimbursements and allocations made under this section.
790 Section 16. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
791 63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
792 (1) Section 53-1-118 is repealed on July 1, 2024.
793 (2) Section 53-1-120 is repealed on July 1, 2024.
794 (3) Section 53-7-109 is repealed on July 1, 2024.
795 [
796 [
797 [
798 repealed July 1, 2023.
799 [
800 [
801 repealed on July 1, 2023:
802 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
803 established under Sections 53B-8-202 through 53B-8-205";
804 (b) Section 53B-8-202;
805 (c) Section 53B-8-203;
806 (d) Section 53B-8-204; and
807 (e) Section 53B-8-205.
808 [
809 [
810 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
811 [
812 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
813 [
814 is repealed July 1, 2024.
815 [
816 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
817 [
818 is repealed July 1, 2024.
819 [
820 program, is repealed July 1, 2028.
821 [
822 [
823 [
824 Legislative Research and General Counsel shall, in addition to the office's authority under
825 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
826 in this section are complete sentences and accurately reflect the office's perception of the
827 Legislature's intent.
828 Section 17. Section 63I-2-253 (Effective 07/01/24) is amended to read:
829 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
830 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
831 July 1, 2024.
832 (2) Section 53-1-118 is repealed on July 1, 2024.
833 (3) Section 53-1-120 is repealed on July 1, 2024.
834 (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
835 2024.
836 (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
837 53-2d-702(1)(a) is amended to read:
838 "(a) provide the patient or the patient's representative with the following information
839 before contacting an air medical transport provider:
840 (i) which health insurers in the state the air medical transport provider contracts with;
841 (ii) if sufficient data is available, the average charge for air medical transport services
842 for a patient who is uninsured or out of network; and
843 (iii) whether the air medical transport provider balance bills a patient for any charge not
844 paid by the patient's health insurer; and[
845 (6) Section 53-7-109 is repealed on July 1, 2024.
846 [
847 [
848 [
849 repealed July 1, 2023.
850 [
851 [
852 repealed on July 1, 2023:
853 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
854 established under Sections 53B-8-202 through 53B-8-205";
855 (b) Section 53B-8-202;
856 (c) Section 53B-8-203;
857 (d) Section 53B-8-204; and
858 (e) Section 53B-8-205.
859 [
860 [
861 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
862 [
863 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
864 [
865 is repealed July 1, 2024.
866 [
867 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
868 [
869 is repealed July 1, 2024.
870 [
871 program, is repealed July 1, 2028.
872 [
873 [
874 [
875 Legislative Research and General Counsel shall, in addition to the office's authority under
876 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
877 in this section are complete sentences and accurately reflect the office's perception of the
878 Legislature's intent.
879 Section 18. Repealer.
880 This bill repeals:
881 Section 53G-7-601, Definitions.
882 Section 19. Effective date.
883 This bill takes effect on May 1, 2024 with the exception of Section 63I-2-253 (Effective
884 07/01/24), which takes effect on July 1, 2024.