Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 175 Third Substitute (2023GS)

Sponsor

Rep. Strong, M.A.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends definitions;
• prescribes the fees an LEA may charge a secondary school student for a curricular activity or portions of a co-curricular activity;
• authorizes an LEA to charge a secondary school student a fee for an extracurricular activity;
• prohibits and LEA from charging a general fee;
• amends provisions related to fees for textbooks;
• prohibits charging a student in grade 6 a fee for a remediation program;
• repeals outdated language; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL FEES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends and enacts provisions related to elementary and secondary school fees.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ prescribes the fees an LEA may charge a secondary school student for a curricular
activity or portions of a co-curricular activity;
▸ authorizes an LEA to charge a secondary school student a fee for an extracurricular
activity;
▸ prohibits and LEA from charging a general fee;
▸ amends provisions related to fees for textbooks;
▸ prohibits charging a student in grade 6 a fee for a remediation program;
▸ repeals outdated language; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-1-201
, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
354, and 461
53E-8-401
, as last amended by Laws of Utah 2020, Chapter 408
53E-10-305
, as last amended by Laws of Utah 2020, Chapters 220 and 365
53G-5-405
, as last amended by Laws of Utah 2020, Chapter 192
53G-6-302
, as last amended by Laws of Utah 2022, Chapter 335
53G-6-303
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-701
, as enacted by Laws of Utah 2018, Chapter 3
53G-7-501
, as last amended by Laws of Utah 2020, Chapter 51
53G-7-503
, as last amended by Laws of Utah 2021, Chapter 341
53G-7-504
, as last amended by Laws of Utah 2020, Chapter 408
53G-9-803
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-503
, as last amended by Laws of Utah 2021, Chapter 247
63I-2-253
, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
and 409
RENUMBERS AND AMENDS:
53G-7-506
, (Renumbered from 53G-7-602, as last amended by Laws of Utah 2020,
Chapter 138)
53G-7-507
, (Renumbered from 53G-7-603, as repealed and reenacted by Laws of Utah
2019, Chapter 223)
53G-7-508
, (Renumbered from 53G-7-606, as last amended by Laws of Utah 2019,
Chapters 223 and 293)
REPEALS:
53G-7-601
, as last amended by Laws of Utah 2020, Chapter 138
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
53B-33-302
 and the report
on research and activities described in Section 
53B-33-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-2-522
 regarding mental health screening
programs;
(l) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(n) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment;
(o) upon request, the report described in Section 
53F-5-219
 by the state board on the
Local Innovations Civics Education Pilot Program;
(p) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income;
(q) the report described in Section 
53B-35-202
 regarding the Higher Education and
Corrections Council;
(r) the report described in Section 
53G-7-221
 by the State Board of Education
regarding innovation plans; and
(s) the annual report described in Section 
63A-2-502
 by the Educational Interpretation
and Translation Service Procurement Advisory Council.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
(c) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(d) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(e) in 2022 and in 2023, on or before November 30, the report described in Subsection
53E-10-309
(7) related to the PRIME pilot program;
(f) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(g) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(h) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(i) upon request, a report described in Section 
53G-7-222
 by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative education
program;
[
(j) the report described in Section 
53G-7-503
 by the state board regarding fees that
LEAs charge during the 2020-2021 school year;
]
[
(k)
] 
(j)
 the reports described in Section 
53G-11-304
 by the state board regarding
proposed rules and results related to educator exit surveys; and
[
(l)
] 
(k)
 the report described in Section 
62A-15-117
 by the Division of Substance
Abuse and Mental Health, the State Board of Education, and the Department of Health
regarding recommendations related to Medicaid reimbursement for school-based health
services.
Section 2. Section 
53E-8-401
 is amended to read:
53E-8-401.
Eligibility for services of the Utah Schools for the Deaf and the Blind.
(1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to
receive services of the Utah Schools for the Deaf and the Blind if the individual is:
(a) a resident of Utah;
(b) younger than 22 years [
of age
] 
old
;
(c) referred to the Utah Schools for the Deaf and the Blind by:
(i) the individual's school district of residence;
(ii) a local early intervention program; or
(iii) if the referral is consistent with the Individual with Disabilities Education Act, 20
U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
(d) identified as deaf, blind, or deafblind through:
(i) the special education eligibility determination process; or
(ii) the Section 504 eligibility determination process.
(2) (a) In determining eligibility for an individual who is younger than age three and is
deafblind, the following information may be used:
(i) opthalmological and audiological documentation;
(ii) functional vision or hearing assessments and evaluations; or
(iii) informed clinical opinion conducted by a person with expertise in deafness,
blindness, or deafblindness.
(b) Informed clinical opinion shall be:
(i) included in the determination of eligibility when documentation is incomplete or not
conclusive; and
(ii) based on pertinent records related to the individual's current health status and
medical history, an evaluation and [
observations
] 
observation
 of the individual's level of
sensory functioning, and the needs of the family.
(3) (a) A student who qualifies for special education shall have services and placement
determinations made through the IEP process.
(b) A student who qualifies for accommodations under Section 504 shall have services
and placement determinations made through the Section 504 team process.
(4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
Blind in accordance with the rules of the state board described in Subsection (6).
(b) [
The rules shall
] 
Notwithstanding Section 
53G-7-503
, the state board shall ensure
that the rules described in Subsection (6)
 require the payment of tuition for services provided to
a nonresident.
(5) An individual is eligible to receive services from the Utah Schools for the Deaf and
the Blind under circumstances described in Section 
53E-8-408
.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board:
(a) shall make rules that determine the eligibility of students to be served by the Utah
Schools for the Deaf and the Blind; and
(b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger
than 22 years [
of age
] 
old
.
Section 3. Section 
53E-10-305
 is amended to read:
53E-10-305.
Tuition and fees.
(1) Except as provided in this section, the Utah Board of Higher Education or an
institution of higher education may not charge tuition or fees for a concurrent enrollment
course.
(2) (a) The Utah Board of Higher Education may charge a one-time fee for a student to
participate in the concurrent enrollment program.
(b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
admission application fee requirement for a full-time or part-time student at an institution of
higher education.
(3) (a) An institution of higher education may charge a one-time admission application
fee for concurrent enrollment course credit offered by the institution of higher education.
(b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
application fee requirement for a full-time or part-time student at an institution of higher
education.
(4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
for which a student earns college credit.
(b) An institution of higher education may not charge more than:
(i) $5 per credit hour for an eligible student who qualifies for free or reduced price
school lunch;
(ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
an eligible instructor described in Subsection 
53E-10-302
(6)(b); or
(iii) $15 per credit hour for a concurrent enrollment course that is taught through video
conferencing.
[
(5) In accordance with Section 
53G-7-603
, an LEA may charge a fee for a textbook, as
defined in Section 
53G-7-601
, that is required for a concurrent enrollment course.
]
Section 4. Section 
53G-5-405
 is amended to read:
53G-5-405.
Application of statutes and rules to charter schools.
(1) A charter school shall operate in accordance with its charter agreement and is
subject to this public education code and other state laws applicable to public schools, except
as otherwise provided in this chapter and other related provisions.
(2) (a) Except as provided in Subsection (2)(b), state board rules governing the
following do not apply to a charter school:
(i) school libraries;
(ii) required school administrative and supervisory services; and
(iii) required expenditures for instructional supplies.
(b) A charter school shall comply with rules implementing statutes that prescribe how
state appropriations may be spent.
(3) The following provisions of this public education code, and rules adopted under
those provisions, do not apply to a charter school:
(a) Section 
53E-4-408
, requiring an independent evaluation of instructional materials;
(b) Section 
53G-4-409
, requiring the use of activity disclosure statements;
(c) Sections 
53G-7-304
 and 
53G-7-306
, pertaining to fiscal procedures of school
districts and local school boards;
(d) Section [
53G-7-606
] 
53G-7-508
, requiring notification of intent to dispose of
textbooks;
(e) Section 
53G-7-1202
, requiring the establishment of a school community council;
and
(f) Section 
53G-10-404
, requiring annual presentations on adoption.
(4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school is considered an educational procurement unit as defined in Section 
63G-6a-103
.
(5) Each charter school shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A charter school is exempt from Section 
51-2a-201.5
, requiring accounting reports
of certain nonprofit corporations. A charter school is subject to the requirements of Section
53G-5-404
.
(7) (a) The State Charter School Board shall, in concert with the charter schools, study
existing state law and administrative rules for the purpose of determining from which laws and
rules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption to
the state board for consideration.
(ii) The state board shall consider the recommendations of the State Charter School
Board and respond within 60 days.
Section 5. Section 
53G-6-302
 is amended to read:
53G-6-302.
Child's school district of residence -- Determination -- Responsibility
for providing educational services.
(1) As used in this section:
(a) "Health care facility" means the same as that term is defined in Section 
26-21-2
.
(b) "Human services program" means the same as that term is defined in Section
62A-2-101
.
(c) "Supervision" means a minor child is:
(i) receiving services from a state agency, local mental health authority, or substance
abuse authority with active involvement or oversight; and
(ii) engaged in a human services program that is properly licensed or certified and has
provided the school district receiving the minor child with an education plan that complies with
the requirements of Section 
62A-2-108.1
.
(2) The school district of residence of a minor child whose custodial parent resides
within Utah is:
(a) the school district in which the custodial parent resides; or
(b) the school district in which the child resides:
(i) while in the custody or under the supervision of a Utah state agency, local mental
health authority, or substance abuse authority;
(ii) while under the supervision of a private or public agency which is in compliance
with Section 
62A-2-127
 and is authorized to provide child placement services by the state;
(iii) while living with a responsible adult resident of the district, if a determination has
been made in accordance with rules made by the state board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
does not violate any other law or rule of the state board;
(iv) while the child is receiving services from a health care facility or human services
program, if a determination has been made in accordance with rules made by the state board in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
does not violate any other law or rule of the state board; or
(v) if the child is married or has been determined to be an emancipated minor by a
court of law or by a state administrative agency authorized to make that determination.
(3) A minor child whose custodial parent does not reside in the state is considered to be
a resident of the district in which the child lives, unless that designation violates any other law
or rule of the state board, if:
(a) the child is married or an emancipated minor under Subsection (2)(b)(v);
(b) the child lives with a resident of the district who is a responsible adult and whom
the district agrees to designate as the child's legal guardian under Section 
53G-6-303
;
(c) if permissible under policies adopted by a local school board, it is established to the
satisfaction of the local school board that:
(i) the child lives with a responsible adult who is a resident of the district and is the
child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
(ii) the child's presence in the district is not for the primary purpose of attending the
public schools;
(iii) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes; and
(iv) the child is prepared to abide by the policies of the school and school district in
which attendance is sought; or
(d) it is established to the satisfaction of the local school board that:
(i) the child's parent moves from the state;
(ii) the child's parent executes a power of attorney under Section 
75-5-103
 that:
(A) meets the requirements of Subsection (4); and
(B) delegates powers regarding care, custody, or property, including schooling, to a
responsible adult with whom the child resides;
(iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
district;
(iv) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(v) the child is prepared to abide by the policies of the school and school district in
which attendance is sought; and
(vi) the child's attendance in the school will not be detrimental to the school or school
district.
(4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
district may require the person with whom the child lives to be designated as the child's
custodian in a durable power of attorney, issued by the party who has legal custody of the child,
granting the custodian full authority to take any appropriate action, including authorization for
educational or medical services, in the interests of the child.
(b) Both the party granting and the party empowered by the power of attorney shall
agree to:
(i) assume responsibility for any fees [
or other charges
]
, as defined in Section
53G-7-501
,
 relating to the child's education in the district; and
(ii) if eligibility for fee waivers is claimed under Section 
53G-7-504
, provide the
school district with all financial information requested by the district for purposes of
determining eligibility for fee waivers.
(c) Notwithstanding Section 
75-5-103
, a power of attorney meeting the requirements of
this section and accepted by the school district shall remain in force until the earliest of the
following occurs:
(i) the child reaches the age of 18, marries, or becomes emancipated;
(ii) the expiration date stated in the document; or
(iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
or by order of a court of competent jurisdiction.
(5) A power of attorney does not confer legal guardianship.
(6) Each school district is responsible for providing educational services for all
children of school age who are residents of the district.
Section 6. Section 
53G-6-303
 is amended to read:
53G-6-303.
Guardianship for residency purposes by responsible adult --
Procedure to obtain -- Termination.
(1) For purposes of this part, "responsible adult" means a person 21 years [
of age
] 
old
or older who is a resident of this state and is willing and able to provide reasonably adequate
food, clothing, shelter, and supervision for a minor child.
(2) A local school board may adopt a policy permitting it to designate a responsible
adult residing in the school district as legal guardian of a child whose custodial parent does not
reside within the state upon compliance with the following requirements:
(a) submission to the school district of a signed and notarized affidavit by the child's
custodial parent stating that:
(i) the child's presence in the district is not for the primary purpose of attending the
public schools;
(ii) the child's physical, mental, moral, or emotional health would best be served by a
transfer of guardianship to the Utah resident;
(iii) the affiant is aware that designation of a guardian under this section is equivalent
to a court-ordered guardianship under Section 
75-5-206
 and will suspend or terminate any
existing parental or guardianship rights in the same manner as would occur under a
court-ordered guardianship;
(iv) the affiant consents and submits to any such suspension or termination of parental
or guardianship rights;
(v) the affiant consents and submits to the jurisdiction of the state district court in
which the school district is located in any action relating to the guardianship or custody of the
child in question;
(vi) the affiant designates a named responsible adult as agent, authorized to accept
service on behalf of the affiant of any process, notice, or demand required or permitted to be
served in connection with any action under Subsection (2)(a)(v); and
(vii) it is the affiant's intent that the child become a permanent resident of the state and
reside with and be under the supervision of the named responsible adult;
(b) submission to the school district of a signed and notarized affidavit by the
responsible adult stating that:
(i) the affiant is a resident of the school district and desires to become the guardian of
the child;
(ii) the affiant consents and submits to the jurisdiction of the state district court in
which the school district is located in any action relating to the guardianship or custody of the
child in question;
(iii) the affiant will accept the responsibilities of guardianship for the duration,
including the responsibility to provide adequate supervision, discipline, food, shelter,
educational and emotional support, and medical care for the child if designated as the child's
guardian; and
(iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
(c) submission to the school district of a signed and notarized affidavit by the child
stating that:
(i) the child desires to become a permanent resident of Utah and reside with and be
responsible to the named responsible adult; and
(ii) the child will abide by all applicable policies of any public school which the child
may attend after guardianship is awarded; and
(d) if the child's custodial parent cannot be found in order to execute the statement
required under Subsection (2)(a), the responsible adult must submit an affidavit to that effect to
the district. The district shall also submit a copy of the statement to the Criminal Investigations
and Technical Services Division of the Department of Public Safety, established in Section
53-10-103
.
(3) The district may require the responsible adult, in addition to the documents set forth
in Subsection (2), to also submit any other documents which are relevant to the appointment of
a guardian of a minor or which the district reasonably believes to be necessary in connection
with a given application to substantiate any claim or assertion made in connection with the
application for guardianship.
(4) Upon receipt of the information and documentation required under Subsections (2)
and (3), and a determination by the local school board that the information is accurate, that the
requirements of this section have been met, and that the interests of the child would best be
served by granting the requested guardianship, the local school board or its authorized
representative may designate the applicant as guardian of the child by issuing a designation of
guardianship letter to the applicant.
(5) (a) If a local school board has adopted a policy permitting the local school board to
designate a guardian under this section, a denial of an application for appointment of a
guardian may be appealed to the district court in which the school district is located.
(b) The court shall uphold the decision of the local school board unless it finds, by
clear and convincing evidence, that the local school board's decision was arbitrary and
capricious.
(c) An applicant may, rather than appealing the local school board's decision under
Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
which action shall proceed as if no decision had been made by the local school board.
(6) A responsible adult obtaining guardianship under this section has the same rights,
authority, and responsibilities as a guardian appointed under Section 
75-5-201
.
(7) (a) The school district shall deliver the original documents filed with the school
district, together with a copy of the designation of guardianship issued by the district, in person
or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
the school district is located.
(b) The court may not charge the school district a fee for filing guardianship papers
under this section.
(8) (a) The authority and responsibility of a custodial parent submitting an affidavit
under this section may be restored by the district, and the guardianship obtained under this
section terminated by the district:
(i) upon submission to the school district in which the guardianship was obtained of a
signed and notarized statement by the person who consented to guardianship under Subsection
(2)(a) requesting termination of the guardianship; or
(ii) by the person accepting guardianship under Subsection (2)(b) requesting the
termination of the guardianship.
(b) If the school district determines that it would not be in the best interests of the child
to terminate the guardianship, the district may refer the request for termination to the state
district court in which the documents were filed under Subsection (5) for further action
consistent with the interests of the child.
(9) The school district shall retain copies of all documents required by this section 
until the child in question has reached the age of 18 unless directed to surrender the documents
by a court of competent jurisdiction.
(10) (a) Intentional submission to a school district of fraudulent or misleading
information under this part is punishable under Section 
76-8-504
.
(b) A school district which has reason to believe that a party has intentionally
submitted false or misleading information under this part may, after notice and opportunity for
the party to respond to the allegation:
(i) void any guardianship, authorization, or action which was based upon the false or
misleading information; and
(ii) recover, from the party submitting the information, the full cost of any benefits
received by the child on the basis of the false or misleading information, including tuition, fees
,
as defined in Section 
53G-7-501
, and other unpaid school charges, together with any related
costs of recovery.
(c) A student whose guardianship or enrollment has been terminated under this section
may, upon payment of all applicable tuition and fees
, as defined in Section 
53G-7-501
,
continue in enrollment until the end of the school year unless excluded from attendance for
cause.
Section 7. Section 
53G-6-701
 is amended to read:
53G-6-701.
Definitions.
[
Reserved
] 
As used in this part, "fee" means the same as that term is defined in Section
53G-7-501
.
Section 8. Section 
53G-7-501
 is amended to read:
53G-7-501.
Definitions.
As used in this part:
(1) "Co-curricular activity" means an activity, a course, or a program that:
(a) is an extension of a curricular activity;
(b) is included in an instructional plan and supervised or conducted by a teacher or
education professional;
(c) is conducted outside of regular school hours;
(d) is provided, sponsored, or supported by an LEA; and
(e) includes a required regular school day activity, course, or program.
(2) "Curricular activity" means an activity, a course, or a program that is:
(a) intended to deliver instruction;
(b) provided, sponsored, or supported by an LEA; and
(c) conducted only during school hours.
(3) "Elementary school" means a school that provides instruction to students in grades
kindergarten, 1, 2, 3, 4, 5, or 6.
(4) (a) "Elementary school student" means a student enrolled in an elementary school.
(b) "Elementary school student" does not include a secondary school student.
(5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
(i) not directly related to delivering instruction;
(ii) not a curricular activity or co-curricular activity; and
(iii) provided, sponsored, or supported by an LEA.
(b) "Extracurricular activity" does not include a noncurricular club as defined in
Section 
53G-7-701
.
(6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
(i) regardless of how the charge, expense, deposit, rental, or payment is termed,
described, requested, or required directly or indirectly;
(ii) in the form of money, goods, or services; and
(iii) that is a condition to a student's full participation in an activity, course, or program
that is provided, sponsored, or supported by an LEA.
(b) "Fee" includes:
(i) money or something of monetary value raised by a student or the student's family
through fundraising;
(ii) charges or expenditures for a school field trip or activity trip, including related
transportation, food, lodging, and admission charges;
(iii) payments made to a third party that provides a part of a school activity, class, or
program;
(iv) charges or expenditures for classroom:
[
(A) textbooks;
]
[
(B)
] 
(A) instructional equipment or
 supplies; or
[
(C)
] 
(B)
 materials;
(v) charges or expenditures for school activity clothing; and
(vi) a fine other than a fine described in Subsection (6)(c)(i).
(c) "Fee" does not include:
(i) a student fine specifically approved by an LEA for:
(A) failing to return school property;
(B) losing, wasting, or damaging private or school property through intentional,
careless, or irresponsible behavior, or as described in Section 
53G-8-212
; or
(C) improper use of school property, including a parking violation;
(ii) a payment for school breakfast or lunch;
(iii) a deposit that is:
(A) a pledge securing the return of school property; and
(B) refunded upon the return of the school property; or
(iv) a charge for insurance, unless the insurance is required for a student to participate
in an activity, course, or program.
(7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
an LEA that uses students to generate funds or raise money to:
(i) provide financial support to a school or a school's class, group, team, or program; or
(ii) benefit a particular charity or for other charitable purposes.
(b) "Fundraising" does not include an alternative method of raising revenue without
students.
(8) (a) "Instructional equipment or supplies" means an activity-related, a
course-related, or a program-related supply, piece of equipment, tool, instrument, or other
material that:
(i) a student is required to use as part of an activity, course, or program in a secondary
school;
(ii) typically becomes the property of the student upon exiting the activity, course, or
program; and
(iii) is subject to a fee waiver.
(b) "Instructional equipment or supplies" includes:
(i) shears or styling tools;
(ii) a stethoscope;
(iii) sports equipment, including a bat, mitt, or tennis racquet;
(iv) an item, including footwear, that is medically prescribed;
(v) clay, paint, or an art canvas;
(vi) wood for wood shop;
(vii) Legos for Lego robotics;
(viii) film; or
(ix) filament used for 3d printing.
(c) "Instructional equipment or supplies" does not include school equipment.
[
(8)
] 
(9)
 (a) "School activity clothing" means special shoes or items of clothing:
(i) (A) that meet specific requirements, including requesting a specific brand, fabric, or
imprint; and
(B) that a school requires a student to provide; and
(ii) that is worn by a student for a co-curricular or extracurricular activity.
(b) "School activity clothing" does not include:
(i) a school uniform; or
(ii) clothing that is commonly found in students' homes.
(10) "School equipment" means a durable school-owned machine, equipment, facility,
or tool that a student uses as part of an activity, course, or program in a secondary school.
[
(9)
] 
(11)
 (a) "School uniform" means special shoes or an item of clothing:
(i) (A) that meet specific requirements, including a requested specific color, style,
fabric, or imprint; and
(B) that a school requires a student to provide; and
(ii) that is worn by a student for a curricular activity.
(b) "School uniform" does not include school activity clothing.
[
(10)
] 
(12)
 "Secondary school" means a school that provides instruction to students in
grades 7, 8, 9, 10, 11, or 12.
[
(11)
] 
(13)
 "Secondary school student":
(a) means a student enrolled in a secondary school; and
(b) includes a student in grade 6 if the student attends a secondary school.
[
(12)
] 
(14) (a)
 "Textbook" means [
the same as that term is defined in Section
53G-7-601
.
] 
instructional material necessary for participation in an activity, course, or
program, regardless of the format of the material.
(b) "Textbook" includes:
(i) a hardcopy book or printed pages of instructional material, including a consumable
workbook; or
(ii) computer hardware, software, or digital content.
(c) "Textbook" does not include instructional equipment or supplies.
[
(13)
] 
(15)
 "Waiver" means a full or partial release from a requirement to pay a fee and
from any provision in lieu of fee payment.
Section 9. Section 
53G-7-503
 is amended to read:
53G-7-503.
Fees -- Prohibitions -- Voluntary supplies -- Enforcement -- Penalties.
(1) An LEA may only charge a fee if the fee is
:
(a)
 authorized
;
 and 
(b)
 noticed by the LEA governing board in accordance with Section 
53G-7-505
.
(2) (a) An LEA may not require a fee for elementary school activities that are part of
the regular school day or for supplies used during the regular school day.
(b) An elementary school or elementary school teacher may compile and provide to [
a
]
an elementary school
 student's parent a suggested list of supplies for use during the regular
school day so that a parent may furnish
, only
 on a voluntary basis
,
 those supplies for student
use.
(c) A list provided to an elementary 
school
 student's parent in accordance with
Subsection (2)(b) shall include and be preceded by the following language:
"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
(3) Beginning with the 2023-2024 school year:
(a) for a curricular activity, an LEA may not charge a secondary student a fee except
for the following:
(i) instructional equipment or supplies;
(ii) an Advanced Placement exam;
(iii) a driver education course described in Section 
53G-10-503
;
(iv) a payment for a fee for:
(A) open enrollment application processing in accordance with Section 
53G-6-402
;
(B) charter school application processing in accordance with Section 
53G-6-503
; or
(C) competency remediation programs in accordance with Section 
53G-9-803
;
(v) a payment described in Subsection (5); or
(vi) a music instrument rental; and
(b) for that portion of a co-curricular activity that is during regular school hours, an
LEA may charge a secondary student a fee only for the fees described in Subsection (3)(a).
(4) Beginning with the 2023-2024 school year, and except as provided in Subsection
(6), an LEA may charge a secondary student a fee for:
(a) that portion of a co-curricular activity that is outside of regular school hours; or
(b) an extracurricular activity.
(5) An LEA may charge a secondary student or an individual a fee for an adult
education course in accordance with Section 
53E-10-202
.
(6) An LEA may not charge a fee:
(a) for school equipment; or
(b) that is general in nature and for a service or good that does not have a direct benefit
to the student paying the fee.
(7) An LEA governing board shall authorize each fee individually.
[
(3)
] 
(8)
 (a) Beginning with or after the 2022-2023 school year, if an LEA imposes a
fee, the fee shall be equal to or less than the expense incurred by the LEA in providing for a
student the activity, course, or program for which the LEA imposes the fee.
(b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
another fee
, including a fee to supplant or subsidize an expense that the LEA incurs for:
(i) a curricular activity; or
(ii) an expense for the portion of a co-curricular activity that occurs during regular
school hours
.
[
(4) (a)
] 
(9)
 Beginning with or after the 2021-2022 school year, and notwithstanding
Section 
53E-3-401
, if the state board finds that an LEA has violated a provision of this part [
or
Part 6, Textbook Fees
], the state board shall impose corrective action against the LEA, which
may include:
[
(i)
] 
(a)
 requiring an LEA to repay improperly charged fees;
[
(ii)
] 
(b)
 withholding state funds; [
and
] 
or
[
(iii)
] 
(c)
 suspending the LEA's authority to charge fees for an amount of time specified
by the state board.
[
(b)
] 
(10)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the state board shall make rules:
[
(i)
] 
(a)
 that require notice and an opportunity to be heard for an LEA affected by a
state board action described in Subsection [
(4)(a)
] 
(9)
; and
[
(ii)
] 
(b)
 to administer this Subsection [
(4)
] 
(9)
.
[
(5) (a) For each fee on an LEA's fee schedule described in Section 
53G-7-505
, the
LEA shall:
]
[
(i) by July 1, 2020, determine whether the fee is curricular, co-curricular, or
extracurricular;
]
[
(ii) for the 2020-2021 school year, measure the total number of:
]
[
(A) students who pay each fee; and
]
[
(B) money received for each fee;
]
[
(iii) for the 2020-2021 school year, measure the total:
]
[
(A) number of students who receive a fee waiver; and
]
[
(B) value of each waiver for each waived fee; and
]
[
(iv) by July 1, 2021, report the separate categories of data gathered under Subsections
(5)(a)(ii) and (iii) to the state board.
]
[
(b) The state board shall report on the data the board receives under Subsection (5)(a)
to the Education Interim Committee on or before the date of the November interim meeting in
2021.
]
Section 10. Section 
53G-7-504
 is amended to read:
53G-7-504.
Waiver of fees -- Appeal of decision.
(1) (a) If an LEA or a school within an LEA charges one or more fees, the LEA shall
grant a waiver to a student if charging the fee would deny the student the opportunity to fully
participate or complete a requirement because of an inability to pay the fee.
(b) An LEA governing board shall:
(i) adopt policies for granting a waiver; and
(ii) in accordance with Section 
53G-7-505
, give notice of waiver eligibility and
policies.
(2) (a) An LEA that charges a fee under this part [
and Part 6, Textbook Fees,
] may
provide a variety of alternatives for a student or family to satisfy a fee requirement, including
allowing a student to provide:
(i) tutorial assistance to other students;
(ii) assistance before or after school to teachers and other school personnel on school
related matters; and
(iii) general community or home service.
(b) Each LEA governing board may add to the list of alternatives provided by the state
board, subject to approval by the state board.
(3) With regard to a student who is in the custody of the Division of Child and Family
Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA
governing board shall require fee waivers or alternatives in accordance with this section.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules:
(a) requiring a parent of a student applying for a fee waiver to provide documentation
and certification to the school verifying:
(i) the student's eligibility to receive the waiver; and
(ii) if applicable, that the student has complied with alternatives for satisfying the fee
requirements under Subsection (2) to the fullest extent reasonably possible according to the
individual circumstances of the student and the LEA; and
(b) specifying the acceptable forms of documentation for the requirement under
Subsection (4)(a), which shall include verification based on income tax returns or current pay
stubs.
(5) Notwithstanding the requirements under Subsection (4), an LEA is not required to
keep documentation on file after the verification is completed.
(6) If a school denies a student or parent request for a fee waiver, the school shall
provide the student or parent:
(a) the school's written decision to deny a waiver; and
(b) the procedure to appeal in accordance with LEA policy.
Section 11. Section 
53G-7-506
, which is renumbered from Section 53G-7-602 is
renumbered and amended to read:
[
53G-7-602
].
 53G-7-506.
State policy on providing free textbooks.
(1) It is the public policy of this state that public education shall be free.
(2) A student may not be denied an education because of economic inability to
purchase textbooks necessary for advancement in or graduation from the public school system.
(3) [
(a)
] Beginning with the [
2022-23
] 
2023-2024
 school year, an LEA[
: (i) except as
provided in Subsection (3)(a)(ii),
] may not sell textbooks 
to students
 or otherwise charge
students
 a fee for textbooks [
or the maintenance costs of school equipment; and
]
.
[
(ii) may only charge a fee for a textbook required for an Advanced Placement or, as
described in Section 
53E-10-302
, a concurrent enrollment course.
]
[
(b) The LEA shall waive a fee described in Subsection (3)(a)(ii) in full or in part if a
student qualifies for a waiver in accordance with Section 
53G-7-504
.
]
Section 12. Section 
53G-7-507
, which is renumbered from Section 53G-7-603 is
renumbered and amended to read:
[
53G-7-603
].
 53G-7-507.
Purchase of textbooks -- Textbooks provided to
teachers.
(1) An LEA governing board may purchase textbooks directly from the textbook
publisher at prices and terms approved by the state board.
(2) An LEA governing board shall purchase each textbook necessary for a teacher to
conduct [
his or her
] 
the teacher's
 class.
(3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
funds, the textbook fund, or from other available funds.
(4) A textbook remains the property of the LEA.
Section 13. Section 
53G-7-508
, which is renumbered from Section 53G-7-606 is
renumbered and amended to read:
[
53G-7-606
].
 53G-7-508.
Disposal of textbooks.
(1) An LEA may not dispose of textbooks without first notifying all other LEAs in the
state of the LEA's intent to dispose of the textbooks.
(2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
worn out.
(3) The state board shall develop rules and procedures directing the disposal of
textbooks.
Section 14. Section 
53G-9-803
 is amended to read:
53G-9-803.
Remediation programs for secondary students.
(1) For purposes of this section:
(a) "Secondary school" means a school that provides instruction to students in grades 7,
8, 9, 10, 11, or 12.
(b) "Secondary school student":
(i) means a student enrolled in a secondary school; and
(ii) includes a student in grade 6 if the student attends a secondary school.
(2) A school district or charter school shall implement programs for secondary school
students to attain the competency levels and graduation requirements established by the state
board.
(3) (a) A school district or charter school shall establish remediation programs for
secondary school students who do not meet competency levels in English, mathematics,
science, or social studies.
(b) Participation in the programs is mandatory for secondary school students who fail
to meet the competency levels based on classroom performance.
(4) Secondary school students who require remediation under this section may not be
advanced to the following class in subject sequences until [
they meet
] 
the student meets
 the
required competency level for the subject or complete the required remediation program,
except that a school district or charter school may allow secondary school students requiring
remediation who would otherwise be scheduled to enter [
their
] 
the student's
 first year of high
school to complete [
their
] 
the student's
 remediation program during that first year.
(5) (a) Remediation programs provided under this section should not be unnecessarily
lengthy or repetitive.
(b) A secondary school student need not repeat an entire class if remediation can
reasonably be achieved through other means.
(6) A school district or charter school may charge secondary school students a fee to
participate in the remediation programs 
unless the secondary school student is in grade 6
.
Section 15. Section 
53G-10-503
 is amended to read:
53G-10-503.
Driver education funding -- Reimbursement of a local education
agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
(1) (a) Except as provided in Subsection (1)(b), a local education agency that provides
driver education shall fund the program solely through:
(i) funds provided from the Automobile Driver Education Tax Account in the Uniform
School Fund as created under Section 
41-1a-1205
; and
(ii) student fees collected by each school.
(b) In determining the cost of driver education, a local education agency may exclude:
(i) the full-time equivalent cost of a teacher for a driver education class taught during
regular school hours; and
(ii) classroom space and classroom maintenance.
(c) A local education agency may not use any additional school funds beyond those
allowed under Subsection (1)(b) to subsidize driver education.
(2) (a) The state superintendent shall, prior to September 2nd following the school year
during which it was expended, or may at earlier intervals during that school year, reimburse
each local education agency that applied for reimbursement in accordance with this section.
(b) A local education agency that maintains driver education classes that conform to
this part and the rules prescribed by the state board may apply for reimbursement for the actual
cost of providing the behind-the-wheel and observation training incidental to those classes.
(3) Under the state board's supervision for driver education, a local education agency
may:
(a) employ personnel who are not licensed by the state board under Section 
53E-6-201
;
or
(b) contract with private parties or agencies licensed under Section 
53-3-504
 for the
behind-the-wheel phase of the driver education program.
(4) The reimbursement amount shall be paid out of the Automobile Driver Education
Tax Account in the Uniform School Fund and may not exceed:
(a) $100 per student who has completed driver education during the school year;
(b) $30 per student who has only completed the classroom portion in the school during
the school year; or
(c) $70 per student who has only completed the behind-the-wheel and observation
portion in the school during the school year.
(5) If the amount of money in the account at the end of a school year is less than the
total of the reimbursable costs, the state superintendent shall allocate the money to each local
education agency in the same proportion that the local education agency's reimbursable costs
bear to the total reimbursable costs of all local education agencies.
(6) If the amount of money in the account at the end of any school year is more than the
total of the reimbursement costs provided under Subsection (4), the state superintendent may
allocate the excess funds to local education agencies:
(a) to reimburse each local education agency that applies for reimbursement of the cost
of a fee waived under Section 
53G-7-504
 for driver education; and
(b) to aid in the procurement of equipment and facilities which reduce the cost of
behind-the-wheel instruction.
(7) 
(a)
 A local school board shall
, in accordance with Chapter 7, Part 5, Student Fees,
establish the student fee for driver education for the local education agency. 
(b)
 Student fees shall be reasonably associated with the costs of driver education that
are not otherwise covered by reimbursements and allocations made under this section.
Section 16. Section 
63I-2-253
 is amended to read:
63I-2-253.
Repeal dates: Titles 53 through 53G.
[
(1) (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
]
[
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
]
[
(2)
] 
(1)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(3)
] 
(2)
 Section 
53B-7-707
 regarding performance metrics for technical colleges is
repealed July 1, 2023.
[
(4)
] 
(3)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(5)
] 
(4)
 The following provisions, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(a) in Subsection 
53B-8-105
(12), the language that states, "or any scholarship
established under Sections 
53B-8-202
 through 
53B-8-205
";
(b) Section 
53B-8-202
;
(c) Section 
53B-8-203
;
(d) Section 
53B-8-204
; and
(e) Section 
53B-8-205
.
[
(6)
] 
(5)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(7)
] 
(6)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(8)
] 
(7)
 Subsection 
53E-1-201
(1)(s) regarding the report by the Educational
Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
[
(9)
] 
(8)
 Section 
53E-1-202.2
, regarding a Public Education Appropriations
Subcommittee evaluation and recommendations, is repealed January 1, 2024.
[
(10)
] 
(9)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(11)
] 
(10)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(12)
] 
(11)
 Section 
53F-2-209
, regarding local education agency budgetary flexibility,
is repealed July 1, 2024.
[
(13)
] 
(12)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(14)
] 
(13)
 Section 
53F-2-302.1
, regarding the Enrollment Growth Contingency
Program, is repealed July 1, 2023.
[
(15)
] 
(14)
 Subsection 
53F-2-314
(4), relating to a one-time expenditure between the
at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
[
(16)
] 
(15)
 Section 
53F-2-524
, regarding teacher bonuses for extra work assignments,
is repealed July 1, 2024.
[
(17)
] 
(16)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(18)
] 
(17)
 Subsection 
53F-4-401
(3)(b), regarding a child enrolled or eligible for
enrollment in kindergarten, is repealed July 1, 2022.
[
(19)
] 
(18)
 In Subsection 
53F-4-404
(4)(c), the language that states "Except as provided
in Subsection (4)(d)" is repealed July 1, 2022.
[
(20) Subsection 
53F-4-404
(4)(d) is repealed July 1, 2022.
]
[
(21)
] 
(19)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(20)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(21)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(24)
] 
(22)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(25)
] 
(23)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 17. 
Repealer.
This bill repeals:
Section 
53G-7-601
,
Definitions.
Section 18. 
Effective date.
This bill takes effect on July 1, 2023.