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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 This bill appropriates in fiscal year 2025:
23 ▸ to State Board of Education - State Board and Administrative Operations - Financial
24 Operations as a one-time appropriation:
25 • from the Public Education Economic Stabilization Restricted Account,
26 One-time, $35,537,800
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380
32 53E-8-401, as last amended by Laws of Utah 2020, Chapter 408
33 53E-10-305, as last amended by Laws of Utah 2020, Chapters 220, 365
34 53G-5-405, as last amended by Laws of Utah 2023, Chapter 343
35 53G-6-302, as last amended by Laws of Utah 2023, Chapter 328
36 53G-6-303, as last amended by Laws of Utah 2019, Chapter 293
37 53G-6-701, as enacted by Laws of Utah 2018, Chapter 3
38 53G-7-501, as last amended by Laws of Utah 2020, Chapter 51
39 53G-7-502, as last amended by Laws of Utah 2019, Chapter 223
40 53G-7-503, as last amended by Laws of Utah 2021, Chapter 341
41 53G-7-504, as last amended by Laws of Utah 2020, Chapter 408
42 53G-9-803, as last amended by Laws of Utah 2019, Chapter 293
43 53G-10-503, as last amended by Laws of Utah 2021, Chapter 247
44 63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
45 21, 33, 142, 167, 168, 380, 383, and 467
46 63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
47 33, 142, 167, 168, 310, 380, 383, and 467
48 RENUMBERS AND AMENDS:
49 53G-7-506, (Renumbered from 53G-7-602, as last amended by Laws of Utah 2020,
50 Chapter 138)
51 53G-7-507, (Renumbered from 53G-7-603, as repealed and reenacted by Laws of Utah
52 2019, Chapter 223)
53 REPEALS:
54 53G-7-601, as last amended by Laws of Utah 2020, Chapter 138
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 53E-1-201 is amended to read:
58 53E-1-201. Reports to and action required of the Education Interim Committee.
59 (1) In accordance with applicable provisions and Section 68-3-14, the following
60 recurring reports are due to the Education Interim Committee:
61 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
62 including the information described in Section 9-22-113 on the status of the computer science
63 initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
64 (b) the prioritized list of data research described in Section 53B-33-302 and the report
65 on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
66 (c) the report described in Section 35A-15-303 by the State Board of Education on
67 preschool programs;
68 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
69 on career and technical education issues and addressing workforce needs;
70 (e) the annual report of the Utah Board of Higher Education described in Section
71 53B-1-402;
72 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
73 regarding activities related to campus safety;
74 (g) the State Superintendent's Annual Report by the state board described in Section
75 53E-1-203;
76 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
77 plan to improve student outcomes;
78 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
79 the Deaf and the Blind;
80 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
81 Actionable, and Dynamic Education director on research and other activities;
82 (k) the report described in Section 53F-2-522 regarding mental health screening
83 programs;
84 (l) the report described in Section 53F-4-203 by the state board and the independent
85 evaluator on an evaluation of early interactive reading software;
86 (m) the report described in Section 63N-20-107 by the Governor's Office of Economic
87 Opportunity on UPSTART;
88 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
89 related to grants for professional learning and grants for an elementary teacher preparation
90 assessment;
91 (o) upon request, the report described in Section 53F-5-219 by the state board on the
92 Local Innovations Civics Education Pilot Program;
93 (p) the report described in Section 53F-5-405 by the State Board of Education
94 regarding an evaluation of a partnership that receives a grant to improve educational outcomes
95 for students who are low income;
96 (q) the report described in Section 53B-35-202 regarding the Higher Education and
97 Corrections Council;
98 (r) the report described in Section 53G-7-221 by the State Board of Education
99 regarding innovation plans;
100 (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
101 and Translation Service Procurement Advisory Council; and
102 (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
103 Program.
104 (2) In accordance with applicable provisions and Section 68-3-14, the following
105 occasional reports are due to the Education Interim Committee:
106 [
107
108 [
109
110 [
111 explaining the reasons for changing the grade level specification for the administration of
112 specific assessments;
113 [
114 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
115 [
116
117 [
118 Actionable, and Dynamic Education;
119 [
120 evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
121 high poverty schools;
122 [
123 Educational Improvement Opportunities Outside of the Regular School Day Grant Program;
124 [
125 expenditure of a percentage of state restricted funds to support an innovative education
126 program;
127 [
128
129 [
130 proposed rules and results related to educator exit surveys; and
131 [
132 Mental Health, the State Board of Education, and the Department of Health and Human
133 [
134 school-based health services.
135 Section 2. Section 53E-8-401 is amended to read:
136 53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind.
137 (1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to
138 receive services of the Utah Schools for the Deaf and the Blind if the individual is:
139 (a) a resident of Utah;
140 (b) younger than 22 years [
141 (c) referred to the Utah Schools for the Deaf and the Blind by:
142 (i) the individual's school district of residence;
143 (ii) a local early intervention program; or
144 (iii) if the referral is consistent with the Individual with Disabilities Education Act, 20
145 U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
146 (d) identified as deaf, blind, or deafblind through:
147 (i) the special education eligibility determination process; or
148 (ii) the Section 504 eligibility determination process.
149 (2) (a) In determining eligibility for an individual who is younger than age three and is
150 deafblind, the following information may be used:
151 (i) opthalmological and audiological documentation;
152 (ii) functional vision or hearing assessments and evaluations; or
153 (iii) informed clinical opinion conducted by a person with expertise in deafness,
154 blindness, or deafblindness.
155 (b) Informed clinical opinion shall be:
156 (i) included in the determination of eligibility when documentation is incomplete or not
157 conclusive; and
158 (ii) based on pertinent records related to the individual's current health status and
159 medical history, an evaluation and observations of the individual's level of sensory functioning,
160 and the needs of the family.
161 (3) (a) A student who qualifies for special education shall have services and placement
162 determinations made through the IEP process.
163 (b) A student who qualifies for accommodations under Section 504 shall have services
164 and placement determinations made through the Section 504 team process.
165 (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
166 Blind in accordance with the rules of the state board described in Subsection (6).
167 (b) [
168 that the rules described in Subsection (6) require the payment of tuition for services provided to
169 a nonresident.
170 (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
171 the Blind under circumstances described in Section 53E-8-408.
172 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
173 state board:
174 (a) shall make rules that determine the eligibility of students to be served by the Utah
175 Schools for the Deaf and the Blind; and
176 (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
177 to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger
178 than 22 years [
179 Section 3. Section 53E-10-305 is amended to read:
180 53E-10-305. Tuition and fees.
181 (1) Except as provided in this section, the Utah Board of Higher Education or an
182 institution of higher education may not charge tuition or fees for a concurrent enrollment
183 course.
184 (2) (a) The Utah Board of Higher Education may charge a one-time fee for a student to
185 participate in the concurrent enrollment program.
186 (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
187 admission application fee requirement for a full-time or part-time student at an institution of
188 higher education.
189 (3) (a) An institution of higher education may charge a one-time admission application
190 fee for concurrent enrollment course credit offered by the institution of higher education.
191 (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
192 application fee requirement for a full-time or part-time student at an institution of higher
193 education.
194 (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
195 charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
196 for which a student earns college credit.
197 (b) An institution of higher education may not charge more than:
198 (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
199 school lunch;
200 (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
201 an eligible instructor described in Subsection 53E-10-302(6)(b); or
202 (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
203 conferencing.
204 [
205
206 Section 4. Section 53G-5-405 is amended to read:
207 53G-5-405. Application of statutes and rules to charter schools.
208 (1) A charter school shall operate in accordance with its charter agreement and is
209 subject to this public education code and other state laws applicable to public schools, except
210 as otherwise provided in this chapter and other related provisions.
211 (2) (a) Except as provided in Subsections (2)(b) and (2)(c), state board rules governing
212 the following do not apply to a charter school:
213 (i) school libraries;
214 (ii) required school administrative and supervisory services; and
215 (iii) required expenditures for instructional supplies.
216 (b) A charter school shall comply with rules implementing statutes that prescribe how
217 state appropriations may be spent.
218 (c) If a charter school provides access to a school library, the charter school governing
219 board shall provide an online platform:
220 (i) through which a parent is able to view the title, author, and a description of any
221 material the parent's child borrows from the school library, including a history of borrowed
222 materials, either using an existing online platform that the charter school uses or through a
223 separate platform; and
224 (ii) (A) for a charter school with 1,000 or more enrolled students, no later than August
225 1, 2024; and
226 (B) for a charter school with fewer than 1,000 enrolled students, no later than August 1,
227 2026.
228 (3) The following provisions of this public education code, and rules adopted under
229 those provisions, do not apply to a charter school:
230 (a) Section 53E-4-408, requiring an independent evaluation of instructional materials;
231 (b) Section 53G-4-409, requiring the use of activity disclosure statements;
232 (c) Sections 53G-7-304 and 53G-7-306, pertaining to fiscal procedures of school
233 districts and local school boards;
234 [
235 [
236 council; and
237 [
238 (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
239 school is considered an educational procurement unit as defined in Section 63G-6a-103.
240 (5) Each charter school shall be subject to:
241 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
242 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
243 (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
244 of certain nonprofit corporations. A charter school is subject to the requirements of Section
245 53G-5-404.
246 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
247 existing state law and administrative rules for the purpose of determining from which laws and
248 rules charter schools should be exempt.
249 (b) (i) The State Charter School Board shall present recommendations for exemption to
250 the state board for consideration.
251 (ii) The state board shall consider the recommendations of the State Charter School
252 Board and respond within 60 days.
253 Section 5. Section 53G-6-302 is amended to read:
254 53G-6-302. Child's school district of residence -- Determination -- Responsibility
255 for providing educational services.
256 (1) As used in this section:
257 (a) "Health care facility" means the same as that term is defined in Section 26B-2-201.
258 (b) "Human services program" means the same as that term is defined in Section
259 26B-2-101.
260 (c) "Supervision" means a minor child is:
261 (i) receiving services from a state agency, local mental health authority, or substance
262 abuse authority with active involvement or oversight; and
263 (ii) engaged in a human services program that is properly licensed or certified and has
264 provided the school district receiving the minor child with an education plan that complies with
265 the requirements of Section 26B-2-116.
266 (2) The school district of residence of a minor child whose custodial parent resides
267 within Utah is:
268 (a) the school district in which the custodial parent resides; or
269 (b) the school district in which the child resides:
270 (i) while in the custody or under the supervision of a Utah state agency, local mental
271 health authority, or substance abuse authority;
272 (ii) while under the supervision of a private or public agency which is in compliance
273 with Section 26B-2-131 and is authorized to provide child placement services by the state;
274 (iii) while living with a responsible adult resident of the district, if a determination has
275 been made in accordance with rules made by the state board in accordance with Title 63G,
276 Chapter 3, Utah Administrative Rulemaking Act, that:
277 (A) the child's physical, mental, moral, or emotional health will best be served by
278 considering the child to be a resident for school purposes;
279 (B) exigent circumstances exist that do not permit the case to be appropriately
280 addressed under Section 53G-6-402; and
281 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
282 does not violate any other law or rule of the state board;
283 (iv) while the child is receiving services from a health care facility or human services
284 program, if a determination has been made in accordance with rules made by the state board in
285 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
286 (A) the child's physical, mental, moral, or emotional health will best be served by
287 considering the child to be a resident for school purposes;
288 (B) exigent circumstances exist that do not permit the case to be appropriately
289 addressed under Section 53G-6-402; and
290 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
291 does not violate any other law or rule of the state board; or
292 (v) if the child is married or has been determined to be an emancipated minor by a
293 court of law or by a state administrative agency authorized to make that determination.
294 (3) A minor child whose custodial parent does not reside in the state is considered to be
295 a resident of the district in which the child lives, unless that designation violates any other law
296 or rule of the state board, if:
297 (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
298 (b) the child lives with a resident of the district who is a responsible adult and whom
299 the district agrees to designate as the child's legal guardian under Section 53G-6-303;
300 (c) if permissible under policies adopted by a local school board, it is established to the
301 satisfaction of the local school board that:
302 (i) the child lives with a responsible adult who is a resident of the district and is the
303 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
304 (ii) the child's presence in the district is not for the primary purpose of attending the
305 public schools;
306 (iii) the child's physical, mental, moral, or emotional health will best be served by
307 considering the child to be a resident for school purposes; and
308 (iv) the child is prepared to abide by the policies of the school and school district in
309 which attendance is sought; or
310 (d) it is established to the satisfaction of the local school board that:
311 (i) the child's parent moves from the state;
312 (ii) the child's parent executes a power of attorney under Section 75-5-103 that:
313 (A) meets the requirements of Subsection (4); and
314 (B) delegates powers regarding care, custody, or property, including schooling, to a
315 responsible adult with whom the child resides;
316 (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
317 district;
318 (iv) the child's physical, mental, moral, or emotional health will best be served by
319 considering the child to be a resident for school purposes;
320 (v) the child is prepared to abide by the policies of the school and school district in
321 which attendance is sought; and
322 (vi) the child's attendance in the school will not be detrimental to the school or school
323 district.
324 (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
325 district may require the person with whom the child lives to be designated as the child's
326 custodian in a durable power of attorney, issued by the party who has legal custody of the child,
327 granting the custodian full authority to take any appropriate action, including authorization for
328 educational or medical services, in the interests of the child.
329 (b) Both the party granting and the party empowered by the power of attorney shall
330 agree to:
331 (i) assume responsibility for any fees [
332 53G-7-501, to the child's education in the district; and
333 (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
334 school district with all financial information requested by the district for purposes of
335 determining eligibility for fee waivers.
336 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
337 this section and accepted by the school district shall remain in force until the earliest of the
338 following occurs:
339 (i) the child reaches [
340 (ii) the expiration date stated in the document; or
341 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
342 or by order of a court of competent jurisdiction.
343 (5) A power of attorney does not confer legal guardianship.
344 (6) Each school district is responsible for providing educational services for all
345 children of school age who are residents of the district.
346 Section 6. Section 53G-6-303 is amended to read:
347 53G-6-303. Guardianship for residency purposes by responsible adult --
348 Procedure to obtain -- Termination.
349 (1) For purposes of this part, "responsible adult" means a person 21 years [
350 or older who is a resident of this state and is willing and able to provide reasonably adequate
351 food, clothing, shelter, and supervision for a minor child.
352 (2) A local school board may adopt a policy permitting it to designate a responsible
353 adult residing in the school district as legal guardian of a child whose custodial parent does not
354 reside within the state upon compliance with the following requirements:
355 (a) submission to the school district of a signed and notarized affidavit by the child's
356 custodial parent stating that:
357 (i) the child's presence in the district is not for the primary purpose of attending the
358 public schools;
359 (ii) the child's physical, mental, moral, or emotional health would best be served by a
360 transfer of guardianship to the Utah resident;
361 (iii) the affiant is aware that designation of a guardian under this section is equivalent
362 to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
363 existing parental or guardianship rights in the same manner as would occur under a
364 court-ordered guardianship;
365 (iv) the affiant consents and submits to any such suspension or termination of parental
366 or guardianship rights;
367 (v) the affiant consents and submits to the jurisdiction of the state district court in
368 which the school district is located in any action relating to the guardianship or custody of the
369 child in question;
370 (vi) the affiant designates a named responsible adult as agent, authorized to accept
371 service on behalf of the affiant of any process, notice, or demand required or permitted to be
372 served in connection with any action under Subsection (2)(a)(v); and
373 (vii) it is the affiant's intent that the child become a permanent resident of the state and
374 reside with and be under the supervision of the named responsible adult;
375 (b) submission to the school district of a signed and notarized affidavit by the
376 responsible adult stating that:
377 (i) the affiant is a resident of the school district and desires to become the guardian of
378 the child;
379 (ii) the affiant consents and submits to the jurisdiction of the state district court in
380 which the school district is located in any action relating to the guardianship or custody of the
381 child in question;
382 (iii) the affiant will accept the responsibilities of guardianship for the duration,
383 including the responsibility to provide adequate supervision, discipline, food, shelter,
384 educational and emotional support, and medical care for the child if designated as the child's
385 guardian; and
386 (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
387 (c) submission to the school district of a signed and notarized affidavit by the child
388 stating that:
389 (i) the child desires to become a permanent resident of Utah and reside with and be
390 responsible to the named responsible adult; and
391 (ii) the child will abide by all applicable policies of any public school which the child
392 may attend after guardianship is awarded; and
393 (d) if the child's custodial parent cannot be found in order to execute the statement
394 required under Subsection (2)(a), the responsible adult must submit an affidavit to that effect to
395 the district. The district shall also submit a copy of the statement to the Criminal Investigations
396 and Technical Services Division of the Department of Public Safety, established in Section
397 53-10-103.
398 (3) The district may require the responsible adult, in addition to the documents set forth
399 in Subsection (2), to also submit any other documents which are relevant to the appointment of
400 a guardian of a minor or which the district reasonably believes to be necessary in connection
401 with a given application to substantiate any claim or assertion made in connection with the
402 application for guardianship.
403 (4) Upon receipt of the information and documentation required under Subsections (2)
404 and (3), and a determination by the local school board that the information is accurate, that the
405 requirements of this section have been met, and that the interests of the child would best be
406 served by granting the requested guardianship, the local school board or its authorized
407 representative may designate the applicant as guardian of the child by issuing a designation of
408 guardianship letter to the applicant.
409 (5) (a) If a local school board has adopted a policy permitting the local school board to
410 designate a guardian under this section, a denial of an application for appointment of a
411 guardian may be appealed to the district court in which the school district is located.
412 (b) The court shall uphold the decision of the local school board unless it finds, by
413 clear and convincing evidence, that the local school board's decision was arbitrary and
414 capricious.
415 (c) An applicant may, rather than appealing the local school board's decision under
416 Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
417 which action shall proceed as if no decision had been made by the local school board.
418 (6) A responsible adult obtaining guardianship under this section has the same rights,
419 authority, and responsibilities as a guardian appointed under Section 75-5-201.
420 (7) (a) The school district shall deliver the original documents filed with the school
421 district, together with a copy of the designation of guardianship issued by the district, in person
422 or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
423 the school district is located.
424 (b) The court may not charge the school district a fee for filing guardianship papers
425 under this section.
426 (8) (a) The authority and responsibility of a custodial parent submitting an affidavit
427 under this section may be restored by the district, and the guardianship obtained under this
428 section terminated by the district:
429 (i) upon submission to the school district in which the guardianship was obtained of a
430 signed and notarized statement by the person who consented to guardianship under Subsection
431 (2)(a) requesting termination of the guardianship; or
432 (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
433 termination of the guardianship.
434 (b) If the school district determines that it would not be in the best interests of the child
435 to terminate the guardianship, the district may refer the request for termination to the state
436 district court in which the documents were filed under Subsection (5) for further action
437 consistent with the interests of the child.
438 (9) The school district shall retain copies of all documents required by this section
439 until the child in question has reached [
440 the documents by a court of competent jurisdiction.
441 (10) (a) Intentional submission to a school district of fraudulent or misleading
442 information under this part is punishable under Section 76-8-504.
443 (b) A school district which has reason to believe that a party has intentionally
444 submitted false or misleading information under this part may, after notice and opportunity for
445 the party to respond to the allegation:
446 (i) void any guardianship, authorization, or action which was based upon the false or
447 misleading information; and
448 (ii) recover, from the party submitting the information, the full cost of any benefits
449 received by the child on the basis of the false or misleading information, including tuition, fees,
450 as defined in Section 53G-7-501, and other unpaid school charges, together with any related
451 costs of recovery.
452 (c) A student whose guardianship or enrollment has been terminated under this section
453 may, upon payment of all applicable tuition and fees, as defined in Section 53G-7-501,
454 continue in enrollment until the end of the school year unless excluded from attendance for
455 cause.
456 Section 7. Section 53G-6-701 is amended to read:
457 53G-6-701. Definitions.
458 [
459 53G-7-501.
460 Section 8. Section 53G-7-501 is amended to read:
461 53G-7-501. Definitions.
462 As used in this part:
463 (1) "Co-curricular activity" means an activity, a course, or a program that:
464 (a) is an extension of a curricular activity;
465 (b) is included in an instructional plan and supervised or conducted by a teacher or
466 education professional;
467 (c) is conducted outside of regular school hours;
468 (d) is provided, sponsored, or supported by an LEA; and
469 (e) includes a required regular school day activity, course, or program.
470 (2) "Curricular activity" means an activity, a course, or a program that [
471 (a) is intended to deliver instruction;
472 (b) is provided, sponsored, or supported by an LEA; and
473 (c) is conducted only during school hours.
474 (3) "Elementary school" means a school that provides instruction to students in grades
475 kindergarten, 1, 2, 3, 4, 5, or 6.
476 (4) (a) "Elementary school student" means a student enrolled in an elementary school.
477 (b) "Elementary school student" does not include a secondary school student.
478 (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
479 (i) not directly related to delivering required instruction;
480 (ii) not a curricular activity or co-curricular activity; and
481 (iii) provided, sponsored, or supported by an LEA.
482 (b) "Extracurricular activity" does not include a noncurricular club as defined in
483 Section 53G-7-701.
484 (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
485 (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
486 described, requested, or required directly or indirectly;
487 (ii) in the form of money, goods, or services; and
488 (iii) that is a condition to a student's full participation in an activity, course, or program
489 that is provided, sponsored, or supported by an LEA.
490 (b) "Fee" includes:
491 [
492
493 [
494 transportation, food, lodging, and admission charges;
495 [
496 or program;
497 [
498 [
499 [
500 [
501 [
502 [
503 (c) "Fee" does not include:
504 (i) a student fine specifically approved by an LEA for:
505 (A) failing to return school property;
506 (B) losing, wasting, or damaging private or school property through intentional,
507 careless, or irresponsible behavior, or as described in Section 53G-8-212; or
508 (C) improper use of school property, including a parking violation;
509 (ii) a payment for school breakfast or lunch;
510 (iii) a deposit that is:
511 (A) a pledge securing the return of school property; and
512 (B) refunded upon the return of the school property; [
513 (iv) a charge for insurance, unless the insurance is required for a student to participate
514 in an activity, course, or program[
515 (v) money or another item of monetary value raised by a student or the student's family
516 through fundraising.
517 (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
518 an LEA that uses students to generate funds or raise money to:
519 (i) provide financial support to a school or a school's class, group, team, or program; or
520 (ii) benefit a particular charity or for other charitable purposes.
521 (b) "Fundraising" does not include an alternative method of raising revenue without
522 students.
523 (8) (a) "Instructional equipment or supplies" means an activity-, course-, or
524 program-related tool or supply that:
525 (i) a student is required to use as part of an activity, course, or program in a secondary
526 school;
527 (ii) become the property of the student upon exiting the activity, course, or program;
528 and
529 (iii) is subject to a fee waiver.
530 (b) "Instructional equipment or supplies" does not include school equipment.
531 [
532 (i) (A) that meet specific requirements, including requesting a specific brand, fabric, or
533 imprint; [
534 (B) that a school requires a student to provide; and
535 (C) that become the property of the student upon exiting the activity, course, or
536 program; and
537 (ii) that [
538 an activity-, course-, or a program-related activity.
539 (b) "School activity clothing" does not include:
540 (i) a school uniform; or
541 (ii) clothing that is commonly found in students' homes.
542 (10) "School equipment" means a machine, equipment, facility, or tool that:
543 (a) is durable;
544 (b) is reusable;
545 (c) is consumable;
546 (d) is owned or retained by a secondary school; and
547 (e) a student uses as part of an activity, course, or program in a secondary school.
548 [
549 (i) (A) that meet specific requirements, including a requested specific color, style,
550 fabric, or imprint; and
551 (B) that a school requires a student to provide; and
552 (ii) that is worn by a student for a curricular activity.
553 (b) "School uniform" does not include school activity clothing.
554 [
555 grades 7, 8, 9, 10, 11, or 12.
556 [
557 (a) means a student enrolled in a secondary school; and
558 (b) includes a student in grade 6 if the student attends a secondary school.
559 [
560
561 program, regardless of the format of the material.
562 (b) "Textbook" includes:
563 (i) a hardcopy book or printed pages of instructional material, including a consumable
564 workbook; or
565 (ii) computer hardware, software, or digital content.
566 (c) "Textbook" does not include instructional equipment or supplies.
567 [
568 and from any provision in lieu of fee payment.
569 Section 9. Section 53G-7-502 is amended to read:
570 53G-7-502. Schools to be free.
571 Except as otherwise provided in this public education code, the public education system
572 shall be free to an individual:
573 (1) between five and 18 years [
574 (2) over 18 years old who is domiciled in the state of Utah and has not completed
575 requirements for a high school diploma.
576 Section 10. Section 53G-7-503 is amended to read:
577 53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement -- Penalties.
578 (1) An LEA may only charge a fee if the fee is:
579 (a) authorized under this part; and
580 (b) noticed by the LEA governing board in accordance with Section 53G-7-505.
581 (2) (a) An LEA may not require a fee for elementary school activities that are part of
582 the regular school day or for supplies used during the regular school day.
583 (b) An elementary school or elementary school teacher may compile and provide to [
584 an elementary school student's parent a suggested list of supplies for use during the regular
585 school day so that a parent may furnish, only on a voluntary basis, those supplies for student
586 use.
587 (c) A list provided to an elementary school student's parent in accordance with
588 Subsection (2)(b) shall include and be preceded by the following language:
589 "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
590 SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
591 OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
592 (3) Beginning with the 2025-2026 school year:
593 (a) an LEA may not charge a secondary student a fee for a curricular activity or a
594 co-curricular activity that is required for the instruction of established core standards as
595 described in Section 53E-4-202 or 53E-4-204, and that is not an elective, except for the
596 following:
597 (i) instructional equipment or supplies;
598 (ii) a driver education course described in Section 53G-10-503;
599 (iii) a payment for a fee for:
600 (A) open enrollment application processing in accordance with Section 53G-6-402;
601 (B) charter school application processing in accordance with Section 53G-6-503; or
602 (C) competency remediation programs in accordance with Section 53G-9-803;
603 (iv) a fee described in Subsection (5);
604 (v) a music instrument rental; or
605 (vi) school activity clothing;
606 (b) for that portion of a co-curricular activity that is during regular school hours, an
607 LEA may only charge a secondary student for the fees described in Subsection (3)(a); and
608 (c) an LEA may charge a secondary student a fee for a co-curricular activity or
609 extracurricular activity, including the life-cycle replacement costs for school equipment directly
610 related to the co-curricular or extracurricular activity.
611 (4) An LEA may charge a secondary student:
612 (a) or an individual, a fee for an adult education course in accordance with Section
613 53E-10-202; or
614 (b) a fee for tuition, college credit, an exam, or a textbook, as described in Section
615 53G-7-506, for:
616 (i) an Advanced Placement course;
617 (ii) an International Baccalaureate course; or
618 (iii) a concurrent enrollment course, as described in Section 53E-10-302.
619 (5) An LEA may not charge a fee, except as provided in Subsection (3)(c):
620 (a) for school equipment; or
621 (b) that is general in nature and for a service or good that does not have a direct benefit
622 to the student paying the fee.
623 (6) An LEA governing board shall authorize each fee individually.
624 [
625 a fee under this part, the fee shall be equal to or less than the expense incurred by the LEA in
626 providing for a student the activity, course, or program for which the LEA imposes the fee.
627 (b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
628 another fee, including a fee to supplant or subsidize an expense that the LEA incurs for:
629 (i) a curricular activity; or
630 (ii) an expense for the portion of a co-curricular activity that occurs during regular
631 school hours.
632 [
633 (8) Notwithstanding Section 53E-3-401, if the state board finds that an LEA has
634 violated a provision of this part [
635 corrective action against the LEA, which may include:
636 [
637 [
638 [
639 by the state board.
640 [
641 Act, the state board shall make rules:
642 [
643 state board action described in this Subsection [
644 [
645 [
646
647 [
648
649 [
650 [
651 [
652 [
653 [
654 [
655 [
656
657 [
658
659
660 Section 11. Section 53G-7-504 is amended to read:
661 53G-7-504. Waiver of fees -- Appeal of decision.
662 (1) (a) [
663 charges one or more fees, the LEA shall grant a waiver to a student if charging the fee would
664 deny the student the opportunity to fully participate or complete a requirement because of an
665 inability to pay the fee.
666 (b) An LEA governing board shall:
667 (i) adopt policies for granting a waiver; and
668 (ii) in accordance with Section 53G-7-505, give notice of waiver eligibility and
669 policies.
670 (2) (a) An LEA that charges a fee under this part [
671 provide a variety of alternatives for a student or family to satisfy a fee requirement, including
672 allowing a student to provide:
673 (i) tutorial assistance to other students;
674 (ii) assistance before or after school to teachers and other school personnel on school
675 related matters; and
676 (iii) general community or home service.
677 (b) Each LEA governing board may add to the list of alternatives provided by the state
678 board, subject to approval by the state board.
679 (3) With regard to a student who is in the custody of the Division of Child and Family
680 Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA
681 governing board shall require fee waivers or alternatives in accordance with this section.
682 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
683 state board shall make rules:
684 (a) requiring a parent of a student applying for a fee waiver to provide documentation
685 and certification to the school verifying:
686 (i) the student's eligibility to receive the waiver; and
687 (ii) if applicable, that the student has complied with alternatives for satisfying the fee
688 requirements under Subsection (2) to the fullest extent reasonably possible according to the
689 individual circumstances of the student and the LEA; and
690 (b) specifying the acceptable forms of documentation for the requirement under
691 Subsection (4)(a), which shall include verification based on income tax returns or current pay
692 stubs.
693 (5) Notwithstanding the requirements under Subsection (4), an LEA is not required to
694 keep documentation on file after the verification is completed.
695 (6) If a school denies a student or parent request for a fee waiver, the school shall
696 provide the student or parent:
697 (a) the school's written decision to deny a waiver; and
698 (b) the procedure to appeal in accordance with LEA policy.
699 Section 12. Section 53G-7-506, which is renumbered from Section 53G-7-602 is
700 renumbered and amended to read:
701 [
702 (1) It is the public policy of this state that public education shall be free.
703 (2) A student may not be denied an education because of economic inability to
704 purchase textbooks necessary for advancement in or graduation from the public school system.
705 (3) (a) Beginning with the [
706 [
707
708 [
709 International Baccalaureate, or, as described in Section 53E-10-302, a concurrent enrollment
710 course.
711 (b) The LEA shall waive a fee described in Subsection [
712
713 Section 13. Section 53G-7-507, which is renumbered from Section 53G-7-603 is
714 renumbered and amended to read:
715 [
716 teachers.
717 (1) An LEA governing board may purchase textbooks directly from the textbook
718 publisher at prices and terms approved by the state board.
719 (2) An LEA governing board shall purchase each textbook necessary for a teacher to
720 conduct [
721 (3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
722 funds, the textbook fund, or from other available funds.
723 (4) A textbook remains the property of the LEA.
724 Section 14. Section 53G-9-803 is amended to read:
725 53G-9-803. Remediation programs for secondary students.
726 (1) For purposes of this section:
727 (a) "Secondary school" means a school that provides instruction to students in grades 7,
728 8, 9, 10, 11, or 12.
729 (b) "Secondary school student":
730 (i) means a student enrolled in a secondary school; and
731 (ii) includes a student in grade 6 if the student attends a secondary school.
732 (2) A school district or charter school shall implement programs for secondary school
733 students to attain the competency levels and graduation requirements established by the state
734 board.
735 (3) (a) A school district or charter school shall establish remediation programs for
736 secondary school students who do not meet competency levels in English, mathematics,
737 science, or social studies.
738 (b) Participation in the programs is mandatory for secondary school students who fail
739 to meet the competency levels based on classroom performance.
740 (4) Secondary school students who require remediation under this section may not be
741 advanced to the following class in subject sequences until [
742 required competency level for the subject or complete the required remediation program,
743 except that a school district or charter school may allow secondary school students requiring
744 remediation who would otherwise be scheduled to enter [
745 school to complete [
746 (5) (a) Remediation programs provided under this section should not be unnecessarily
747 lengthy or repetitive.
748 (b) A secondary school student need not repeat an entire class if remediation can
749 reasonably be achieved through other means.
750 (6) A school district or charter school may charge secondary school students a fee to
751 participate in the remediation programs unless the secondary school student is in grade 6.
752 Section 15. Section 53G-10-503 is amended to read:
753 53G-10-503. Driver education funding -- Reimbursement of a local education
754 agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
755 (1) (a) Except as provided in Subsection (1)(b), a local education agency that provides
756 driver education shall fund the program solely through:
757 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
758 School Fund as created under Section 41-1a-1205; and
759 (ii) student fees collected by each school.
760 (b) In determining the cost of driver education, a local education agency may exclude:
761 (i) the full-time equivalent cost of a teacher for a driver education class taught during
762 regular school hours; and
763 (ii) classroom space and classroom maintenance.
764 (c) A local education agency may not use any additional school funds beyond those
765 allowed under Subsection (1)(b) to subsidize driver education.
766 (2) (a) The state superintendent shall, prior to September 2nd following the school year
767 during which it was expended, or may at earlier intervals during that school year, reimburse
768 each local education agency that applied for reimbursement in accordance with this section.
769 (b) A local education agency that maintains driver education classes that conform to
770 this part and the rules prescribed by the state board may apply for reimbursement for the actual
771 cost of providing the behind-the-wheel and observation training incidental to those classes.
772 (3) Under the state board's supervision for driver education, a local education agency
773 may:
774 (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
775 or
776 (b) contract with private parties or agencies licensed under Section 53-3-504 for the
777 behind-the-wheel phase of the driver education program.
778 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
779 Tax Account in the Uniform School Fund and may not exceed:
780 (a) $100 per student who has completed driver education during the school year;
781 (b) $30 per student who has only completed the classroom portion in the school during
782 the school year; or
783 (c) $70 per student who has only completed the behind-the-wheel and observation
784 portion in the school during the school year.
785 (5) If the amount of money in the account at the end of a school year is less than the
786 total of the reimbursable costs, the state superintendent shall allocate the money to each local
787 education agency in the same proportion that the local education agency's reimbursable costs
788 bear to the total reimbursable costs of all local education agencies.
789 (6) If the amount of money in the account at the end of any school year is more than the
790 total of the reimbursement costs provided under Subsection (4), the state superintendent may
791 allocate the excess funds to local education agencies:
792 (a) to reimburse each local education agency that applies for reimbursement of the cost
793 of a fee waived under Section 53G-7-504 for driver education; and
794 (b) to aid in the procurement of equipment and facilities which reduce the cost of
795 behind-the-wheel instruction.
796 (7) (a) A local school board shall, in accordance with Chapter 7, Part 5, Student Fees,
797 establish the student fee for driver education for the local education agency.
798 (b) Student fees shall be reasonably associated with the costs of driver education that
799 are not otherwise covered by reimbursements and allocations made under this section.
800 Section 16. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
801 63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
802 (1) Section 53-1-118 is repealed on July 1, 2024.
803 (2) Section 53-1-120 is repealed on July 1, 2024.
804 (3) Section 53-7-109 is repealed on July 1, 2024.
805 [
806 [
807 [
808 repealed July 1, 2023.
809 [
810 [
811 repealed on July 1, 2023:
812 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
813 established under Sections 53B-8-202 through 53B-8-205";
814 (b) Section 53B-8-202;
815 (c) Section 53B-8-203;
816 (d) Section 53B-8-204; and
817 (e) Section 53B-8-205.
818 [
819 [
820 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
821 [
822 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
823 [
824 is repealed July 1, 2024.
825 [
826 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
827 [
828 is repealed July 1, 2024.
829 [
830 program, is repealed July 1, 2028.
831 [
832 [
833 [
834 Legislative Research and General Counsel shall, in addition to the office's authority under
835 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
836 in this section are complete sentences and accurately reflect the office's perception of the
837 Legislature's intent.
838 Section 17. Section 63I-2-253 (Effective 07/01/24) is amended to read:
839 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
840 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
841 July 1, 2024.
842 (2) Section 53-1-118 is repealed on July 1, 2024.
843 (3) Section 53-1-120 is repealed on July 1, 2024.
844 (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
845 2024.
846 (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
847 53-2d-702(1)(a) is amended to read:
848 "(a) provide the patient or the patient's representative with the following information
849 before contacting an air medical transport provider:
850 (i) which health insurers in the state the air medical transport provider contracts with;
851 (ii) if sufficient data is available, the average charge for air medical transport services
852 for a patient who is uninsured or out of network; and
853 (iii) whether the air medical transport provider balance bills a patient for any charge not
854 paid by the patient's health insurer; and[
855 (6) Section 53-7-109 is repealed on July 1, 2024.
856 [
857 [
858 [
859 repealed July 1, 2023.
860 [
861 [
862 repealed on July 1, 2023:
863 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
864 established under Sections 53B-8-202 through 53B-8-205";
865 (b) Section 53B-8-202;
866 (c) Section 53B-8-203;
867 (d) Section 53B-8-204; and
868 (e) Section 53B-8-205.
869 [
870 [
871 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
872 [
873 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
874 [
875 is repealed July 1, 2024.
876 [
877 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
878 [
879 is repealed July 1, 2024.
880 [
881 program, is repealed July 1, 2028.
882 [
883 [
884 [
885 Legislative Research and General Counsel shall, in addition to the office's authority under
886 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
887 in this section are complete sentences and accurately reflect the office's perception of the
888 Legislature's intent.
889 Section 18. Repealer.
890 This bill repeals:
891 Section 53G-7-601, Definitions.
892 Section 19. FY 2025 Appropriation.
893 The following sums of money are appropriated for the fiscal year beginning July 1,
894 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
895 fiscal year 2025.
896 Subsection 19(a). Operating and Capital Budgets.
897 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
898 Legislature appropriates the following sums of money from the funds or accounts indicated for
899 the use and support of the government of the state of Utah.
900
ITEM 1
To State Board of Education - State Board and Administrative Operations901 | From Public Education Economic Stabilization Restricted Account, One-time | $35,537,800 | |||
902 | Schedule of Programs: | ||||
903 | Financial Operations | $35,537,800 |
905 appropriated funds from the Public Education Economic Stabilization Restricted Account to be
906 distributed over three years, beginning July 1, 2025, and ending June 30, 2028, to mitigate local
907 revenue impacts associated with implementing House Bill 415, School Fees Amendments, by
908 local education agencies.
909 Section 20. Effective date.
910 This bill takes effect on May 1, 2024 with the exception of Section 63I-2-253 (Effective
911 07/01/24), which takes effect on July 1, 2024.