Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 344 (2025GS)

Sponsor

Rep. Strong, Mark A.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a local education agency (LEA) to, beginning for the 2026-2027 school year:
• ensure that a student has at least one option at the student's school to complete all required courses and credits without paying a fee or a waiver; and
• clearly disclose any fee related to a course or activity in the description of the course or activity in the LEA's registration materials;
• prohibits an LEA from:
• charging a student a fee for certain non-fee courses; or
• charging a general fee or charging or increasing a fee to a student to supplement or supplant a fee the LEA is prohibited from charging;
• allows an LEA to charge a student a fee for certain expenses, under certain circumstances, including for:
• expenses beyond the common delivery of instruction;
• fee courses;
• instructional supplies;
• extracurricular activities;
• a discretionary project; and

Every vote on this bill

Bill text

31
53G-7-501
53G-7-502
53G-7-503
53G-7-505
53G-7-506
53G-7-501
53G-7-502
53G-7-503
53G-7-505
53G-7-506
8
School Fees Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to school fees.
Highlighted Provisions:
This bill:
defines terms;
requires a local education agency (LEA) to, beginning for the 2026-2027 school year:
ensure that a student has at least one option at the student's school to complete all 
required courses and credits without paying a fee or a waiver; and
clearly disclose any fee related to a course or activity in the description of the course 
or activity in the LEA's registration materials;
prohibits an LEA from:
charging a student a fee for certain non-fee courses; or
charging a general fee or charging or increasing a fee to a student to supplement or 
supplant a fee the LEA is prohibited from charging;
allows an LEA to charge a student a fee for certain expenses, under certain circumstances, 
including for:
expenses beyond the common delivery of instruction;
fee courses;
instructional supplies;
extracurricular activities;
a discretionary project; and
other additional expenses;
repeals duplicative language regarding fees for textbooks; 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:
53G-7-501
, as last amended by Laws of Utah 2024, Chapters 20, 497
53G-7-502
, as last amended by Laws of Utah 2024, Chapter 497
53G-7-505
, as last amended by Laws of Utah 2019, Chapters 223, 293
REPEALS AND REENACTS:
53G-7-503
, as last amended by Laws of Utah 2024, Chapter 497
REPEALS:
53G-7-506
, as renumbered and amended by Laws of Utah 2024, Chapter 497
Be it enacted by the Legislature of the state of Utah:
Section 1, 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.
(1)
(a)
"Common education expense" means an expense an LEA incurs that is related to 
the delivery of instruction for all courses, unrelated to a specific course, program, or 
activity.
(b)
"Common education expense" includes the employment of educators and staff, the 
provision of capital facilities, and operation and maintenance costs.
(2)
(a)
"Curricular activity"
"Course"
 means an activity, a course, or a program that
 an 
LEA
:
(a)
(i)
is intended
intends
 to deliver instruction;
(b)
(ii)
is provided, sponsored, or supported by an LEA
provides, sponsors, or 
supports
; and
(c)
(iii)
is conducted only
conducts primarily
 during school hours.
(b)
"Course" includes a course in which a student is required to enroll as a condition of 
participation in a separate extracurricular activity.
(3)
"Discretionary project" means a project that a student completes in lieu of or in addition 
to a required classroom project in accordance with Section 
53G-7-503
.
(3)
(4)
"Elementary school" means a school that provides instruction to students in grades 
kindergarten, 1, 2, 3, 4, 5, or 6.
(4)
(5)
(a)
"Elementary school student" means a student enrolled in an elementary 
school.
(b)
"Elementary school student" does not include a secondary school student.
(5)
(6)
(a)
"Extracurricular activity" means an activity
, a course,
 or a program that
 is
:
(i)
not directly related to delivering required instruction;
(ii)
(i)
is 
not a 
curricular activity or co-curricular activity
course
; and
(ii)
an LEA provides, sponsors, or supports.
(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)
(7)
(a)
"Fee" means a charge, expense, deposit, rental, or payment:
(i)
regardless of how 
an LEA terms, describes, requests, or requires 
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 
or admission to 
an activity, 
course, or program that
 is provided, sponsored, or supported by
 an LEA
provides, sponsors, or supports
.
(b)
"Fee" includes:
(i)
charges or expenditures for a school field trip or activity trip, including related 
transportation, food, lodging, and admission charges;
(ii)
(i)
payments 
made 
to a third party that provides a part of a school activity, 
class, or program;
 and
(iii)
charges or expenditures for classroom instructional equipment or supplies;
(iv)
charges or expenditures for school activity clothing; and
(v)
(ii)
a fine other than a fine described in Subsection 
(6)(c)(i)
(7)(c)(i)
.
(c)
"Fee" does not include:
(i)
a student fine 
specifically approved by an LEA
that an LEA approves
 for:
(A)
failing to return school property;
(B)
losing, wasting, or damaging private or school property through intentional, 
careless, or irresponsible behavior, 
or
including defacing or damaging school 
property
 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)
is 
a pledge securing the return of school property; and
(B)
refunded
the LEA or school refunds
 upon the return of the school property;
(iv)
a charge for insurance, unless the insurance is required for a student to participate 
in an activity, course, or program; or
(v)
money or another item of monetary value 
raised by
that
 a student or the student's 
family 
raises 
through fundraising.
(8)
"Fee course" means a course that is not a non-fee course.
(7)
(9)
(a)
"Fundraising" means an activity or event 
provided, sponsored, or supported 
by an LEA that 
that:
(i)
an LEA provides, sponsors, or supports; and
(ii)
uses students to generate funds or raise money to:
(i)
(A)
provide financial support to a school or a school's class, group, team, or 
program; or
(ii)
(B)
benefit a particular charity or for other charitable purposes.
(b)
"Fundraising" does not include an alternative method of raising revenue without 
students.
(8)
(10)
(a)
"Instructional equipment
 or supplies
" means an activity-, course-, or 
program-related 
supply or 
tool that:
(i)
a student is required to use as part of an activity, course, or program in a 
secondary school;
 and
(ii)
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
" does not include
:
(i)
school equipment
.
;
(ii)
an instructional supply; or
(iii)
a personal student supply for a secondary student.
(11)
(a)
"Instructional supply" means a non-reusable or a consumable material or supply 
that is necessary to use, expend, or deplete as a component or element of an activity, 
course, or program in a secondary school.
(b)
"Instructional supply" does not include a personal student supply for a secondary 
student.
(12)
"Non-fee course" means a course that results in course credit or a course grade within 
the core standards the state board establishes under Section 
53E-4-202
 and other 
statutory requirements for:
(a)
English language arts;
(b)
health education;
(c)
mathematics;
(d)
science; and
(e)
social studies.
(13)
(a)
"Personal student supply" means, for a secondary student, an object, tool, 
material, or supply that:
(i)
is the personal property of the student;
(ii)
regardless of the use of the supply in the instructional process, individuals not 
enrolled in the course or activity also commonly purchase and use; and
(iii)
has a high probability of regular use in activities other than school-sponsored 
activities.
(b)
"Personal student supply" includes pencils, papers, notebooks, crayons, scissors, and 
basic clothing.
(9)
(14)
(a)
"School activity clothing" means special shoes or items of clothing
 that
:
(i)
(A)
that 
meet specific requirements, including requesting a specific brand, 
fabric, or imprint;
(B)
(ii)
that 
a school requires a student to provide
 and to wear for an activity-, 
course-, or program-related activity
; and
(C)
(iii)
(A)
that 
the student rents while participating in the activity; or
(B)
become the property of the student upon exiting the activity, course, or 
program
; and
.
(ii)
that are required to be worn by a student for an activity-, course-, or a 
program-related activity.
(b)
"School activity clothing" does not include:
(i)
a school uniform; or
(ii)
clothing that is commonly found in students' homes.
(10)
(15)
"School equipment" means a machine, equipment, facility, or tool that:
(a)
is durable;
(b)
is reusable;
(c)
is consumable;
(d)
(c)
is owned by a secondary school
a secondary school owns
; and
(e)
(d)
a student uses as part of an activity, course, or program in a secondary school.
(11)
(16)
(a)
"School uniform" means special shoes or an item of clothing
 that
:
(i)
(A)
that meet
meets
 specific requirements, including a requested specific color, 
style, fabric, or imprint; and
(B)
that 
a school requires a student to provide
 and wear during school attendance
; 
and
(ii)
that is worn by a student for a curricular activity
is the property of the student
.
(b)
"School uniform" does not include school activity clothing.
(12)
(17)
"Secondary school" means a school that provides instruction to students in 
grades 7, 8, 9, 10, 11, or 12.
(13)
(18)
"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.
(14)
(19)
(a)
"Textbook" means 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 
school equipment, 
instructional equipment
,
 or 
instructional 
supplies.
(15)
(20)
"Waiver" means a full release from
:
(a)
a requirement to pay a fee
;
 and
 from 
(b)
any provision in lieu of fee payment.
Section 2, Section 
53G-7-502
 is amended to read:
53G-7-502. Schools to be free.
(1)
Except as otherwise provided in this public education code, 
and in accordance with 
Utah Constitution, Article X, Section 2, 
the public education system shall be free to an 
individual:
(1)
(a)
between five and 18 years old who is a resident; and
(2)
(b)
over 18 years old who is domiciled in the state of Utah and has not completed 
requirements for a high school diploma.
(2)
(a)
Beginning for the 2026-2027 school year, except as provided in Subsection 
(2)(b)
, 
each LEA that awards credit toward graduation shall ensure that each school has at 
least one option for each graduation requirement that:
(i)
fulfills the graduation requirement; and
(ii)
does not require the payment or waiver of any fee.
(b)
Subsection 
(2)(a)
 does not apply to a charter school that only offers one of the 
following for a given graduation requirement:
(i)
an Advanced Placement course;
(ii)
an International Baccalaureate course; or
(iii)
a concurrent enrollment course, as described in Section 
53E-10-302
.
(c)
Nothing in this Subsection 
(2)
 requires an LEA or a school to provide, without a fee 
or fee waiver:
(i)
a specific activity, course, or program; or
(ii)
the student's preferred activity, course, or program.
Section 3, Section 
53G-7-503
 is repealed and re-enacted to read:
53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement -- Penalties.
(1)
An LEA may only charge a fee that:
(a)
this part authorizes;
(b)
the LEA governing board notices and authorizes in accordance with Section 
53G-7-505
;
(c)
is for a service or good that has a direct benefit to the student paying the fee so as to 
not be general in nature;
(d)
is directly related to the expense the LEA incurs for providing a student the relevant 
activity, course, or program rather than being general in nature;
(e)
is equal to or less than the expense described in Subsection (1)(d); and
(f)
does not supplant or subsidize a fee the LEA is prohibited from charging, including 
the normal expense of delivering instruction in a course.
(2)
Beginning with the 2025-2026 school year, an LEA:
(a)
except as provided in Subsection 
(2)(b)
, may not charge a secondary student a fee for:
(i)
an expense related to a non-fee course;
(ii)
a textbook;
(iii)
school equipment; or
(iv)
a common education expense;
(b)
subject to Subsections 
(1)
 and (2)(a), may charge a secondary student a fee for:
(i)
relating to a non-fee course or a fee course, for:
(A)
instructional equipment;
(B)
a school field trip or activity trip or performance, including related 
transportation, food, lodging, and admission charges or participation fees;
(C)
school activity clothing;
(D)
a discretionary project as described in Subsection 
(3)
; or
(E)
a competency remediation program in accordance with Section 
53G-9-803
;
(ii)
an expense related to a course, activity, or program that is a fee course, including:
(A)
instructional supplies;
(B)
the life-cycle replacement costs for school equipment directly related to the 
fee course;
(C)
a musical instrument rental;
(D)
licensing fees for fine arts intellectual property; or
(E)
participating in a driver education course described in Section 
53G-10-503
;
(iii)
an expense related to the following post-secondary-related courses, including 
tuition, college credit, an exam, or a textbook, as described in Section 
53G-7-506
:
(A)
an Advanced Placement course;
(B)
an International Baccalaureate course; or
(C)
a concurrent enrollment course, as described in Section 
53E-10-302
;
(iv)
an extracurricular activity, including the life-cycle replacement costs for school 
equipment directly related to the extracurricular activity;
(v)
open enrollment application processing in accordance with Section 
53G-6-402
; or
(vi)
charter school application processing in accordance with Section 
53G-6-503
; and
(c)
may charge a secondary student or an individual a fee for an adult education course 
in accordance with Section 
53E-10-202
.
(3)
For a course requiring the completion of a project for a grade or credit:
(a)
a secondary student may request to complete a discretionary project in lieu of a 
required course activity or project if the discretionary project demonstrates the 
intended core competencies of the required course activity or project;
(b)
nothing prohibits a student from completing a discretionary project in addition to a 
required classroom project;
(c)
an LEA may require a student at any grade level to provide materials or pay an 
additional fee for a discretionary project or a project in which the student engages in 
addition to a required classroom project; and
(d)
nothing in this section entitles a student to an approval of the student's request 
described in Subsection (3)(a).
(4)
(a)
An LEA may not require a fee for:
(i)
elementary school activities that are part of the regular school day; or
(ii)
for supplies a student uses during the regular elementary school day.
(b)
An elementary school or elementary school teacher:
(i)
may compile and provide to 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, the listed supplies for student use; and
(ii)
shall ensure that the list described in Subsection 
(4)(b)(i)
 includes the following 
language before identifying the supplies:
"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."
(5)
(a)
Notwithstanding Section 
53E-3-401
, if the state board finds that an LEA has 
violated a provision of this part, the state board shall impose corrective action against 
the LEA, including:
(i)
requiring an LEA to repay the fee the LEA improperly charged;
(ii)
withholding state funds; or
(iii)
suspending the LEA's authority to charge fees for an amount of time the state 
board specifies.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules:
(i)
that require notice and an opportunity to be heard for an LEA affected by a state 
board action described in this Subsection (5); and
(ii)
to administer this Subsection (5).
Section 4, Section 
53G-7-505
 is amended to read:
53G-7-505. Approval and notice of student fees and waivers.
(1)
An LEA governing board shall annually:
(a)
adopt fee policies and a fee schedule; and
(b)
provide the fee schedule to each student and parent.
(2)
For the fee schedule, the LEA governing board shall:
(a)
before approving the fee schedule, provide at least two opportunities for the public to 
comment on the proposed fee schedule;
(b)
encourage public participation in the development of the fee schedule; and
(c)
approve the fee schedule in a regularly scheduled public meeting.
(3)
(a)
The fee schedule shall include the following:
(i)
a specific amount for each fee on the fee schedule;
(ii)
if a student is responsible for multiple fees related to one activity, class, or 
program, a clear and easy to understand delineation of each fee and the fee total 
for each activity, class, or program;
(iii)
the LEA's fee waiver policy, including an easily understandable statement 
informing a parent that a student:
(A)
may be eligible to have one or more fees waived; and
(B)
may appeal the LEA's decision if the LEA denies a request for a fee waiver; 
and
(iv)
a corresponding spending plan for each fee.
(b)
The LEA shall:
(i)
publish the fee schedule on each of the LEA's school's websites; and
(ii)
include a copy of the LEA's fee schedule with
beginning for the 2026-2027 
school year, clearly identify any fee for each activity, course, or program 
alongside the description of the activity, course, or program in
 the LEA's 
registration materials.
Section 5, 
Repealer.
State policy on providing free textbooks.
Section 6. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-3-25 1:50 PM