School Fees Definitions Procedure

Definitions applicable to this policy are intended to be consistent with relevant state statutes and rules.  In the case of a discrepancy, the Utah Code shall prevail.

A. “Co-curricular activity” means an activity, course, or program, that:

1. is an extension of a curricular activity;
2. is included in an instructional plan and supervised or conducted by a teacher or education professional;
3. is conducted outside of regular school hours;
4. is provided, sponsored, or supported by the District; and
5. includes a required regular school day activity, course, or program.

B. “Curricular activity” means an activity, a course, or a program that is:

1. is intended to deliver instruction;
2. is provided, sponsored, or supported by the District; and
3. is conducted only during school hours.

C. “Elementary school” means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.

D. “Elementary school student” means a student enrolled in an elementary school and does not include a secondary school student.  

E. “Extra-curricular activity” means an activity, course, or program that is:

1. not directly related to delivering required instruction;
2. not a curricular or co-curricular activity; and
3. provided, sponsored, or supported by the District.

F. “Fee” means a charge, expense, deposit, rental, or payment:

1. regardless of how the charge, expense, deposit, rental, or payment is termed, described, requested, or required directly or indirectly;
2. in the form of money, goods, or services; and
3. that is a condition to a student’s full participation in an activity, course, or program provided, sponsored, or supported by a school.
4. “Fee” includes:
   • charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;
   • charges made to a third party that provides a part of a school activity, class, or program;
   • charges or expenditures for classroom instructional equipment or supplies;
   • charges or expenditures for school activity clothing; and
   • a fine other than a fine described in the section below.
5. “Fee” does not include: 
   1. a student fine specifically approved by the Board for failing to return school property; losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, or improper use of school property, including a parking violation;
   2. a payment for school breakfast or lunch;
   3. a deposit that is a pledge securing the return of school property that is refunded upon the return of the school property;
   4. a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program; or
   5. money or another item of monetary value raised by a student or the student’s family through fundraising.

G. “Fundraising” means an activity or event provided, sponsored, or supported by a school that uses students to generate funds or raise money to:

1. provide financial support to a school or a school’s class, group, team, or program; or
2. benefit a particular charity or for other charitable purposes
3. “Fundraiser,” “fundraising,” or “fundraising activity “may include:
   • the sale of goods or services;
   • the solicitation of monetary contributions from individuals or businesses; or
   • other lawful means or methods that use students to generate funds.
4. “Fundraising” does not include an alternative method of raising revenue without students.

H. “Group fundraiser” or “group fundraising” means a fundraising activity where the money raised is used for the mutual benefit of the group, team, or organization and is included in the maximum fee.

I. “Individual fundraiser” or “individual fundraising” means a fundraising activity where money is raised by an individual student to pay the individual student’s fees.

J. “Instructional equipment or supplies” means an activity, course, or program-related tool or supply that:

1. a student is required to use as part of an activity, course, or program in a secondary school;
2. becomes the property of the student upon exiting the activity, course, or program; and
3. is subject to a fee waiver.
4. “Instructional equipment or supplies” does not include school equipment.

K. “Noncurricular club” is a student-initiated group that may be authorized and allowed to use school facilities use during non-instructional time in secondary schools. A noncurricular club's meetings, ideas, and activities are not sponsored or endorsed in any way by the Board, the school, or by school or district employees.

L. “Non-waivable charge” means a cost, payment, or expenditure that:

1. is a personal discretionary charge or purchase, including
   • a charge for insurance, unless the insurance is required for a student to participate in an activity, class, or program;
   • a charge for college credit related to the successful completion of a concurrent enrollment class or advanced placement examination; or
2. except when required by a school, a charge for a personal consumable item such as a yearbook, class ring, letterman jacket or sweater, or other similar item
3. is subject to sales tax
4. is designated not to be a fee, including:
   • a school uniform
   • a school lunch; or
   • a charge for replacement for damaged or lost school equipment or supplies. 

M. “Provided, sponsored, or supported by a school” means an activity, class, program, fundraiser, club, camp clinic, or other event that:

1. is authorized by the District according to Board policy; or
2. satisfies at least one of the following conditions:
   • the activity, class, program, fundraiser, club, camp, clinic, or other event is managed or supervised by a district school or school employee.
   • the activity, class, program, fundraiser, club, camp, clinic, or other event uses, more than inconsequentially, the District’s facilities, equipment, or other school resources.
   • the activity, class, program, fund-raising event, club, camp, clinic, or other event is supported or subsidized, more than inconsequentially, by public funds, including the school’s activity funds or minimum school program dollars.
3. “Provided, sponsored, or supported by a school” does not include an activity, class, or program that meets the criteria of a noncurricular club.

N. “Provision in-lieu of fee” means an alternative to fee payment and may include a plan under which fees are paid in installments or under some other delayed payment arrangement or a service in lieu of fee payment agreement.

O. “Regular school day” has the same meaning as the term “school day” described in State rule R277-419-2.

P. “Requested or required as a condition to a student’s participation” means something of monetary value that is implied, or explicitly mandated, or necessary for a student, parent, or family to provide so that a student may:

1. fully participate in school or in a school activity, class, or program;
2. successfully complete a school class for the highest grade; or
3. avoid a direct or indirect limitation on full participation in a school activity, class, or program, including limitations created by:
   • peer pressure, shaming, stigmatizing, bullying, or the like; or
   • withholding or curtailing any privilege that is otherwise provided to any other student.

Q. “School activity clothing” means special shoes or items of clothing:

1. that meet specific requirements, including requesting a specific brand, fabric, or imprint;
2. that a school requires a student to provide; and
3. that becomes the property of the student upon exiting the activity, course, or program; and
4. that are required to be worn by a student for an activity, course, or a program-related activity.
5. “school activity clothing” does not include a school uniform or clothing that is commonly found in students’ homes.

R. “School equipment” means a machine, equipment, facility, or tool that:

1. is durable; or
2. is reusable; or
3. is consumable; and
4. is owned by a secondary school; and
5. a student uses as part of an activity, course, or program in a secondary school.  “School equipment” includes a saw or 3D printer.

S. “School uniform” means special shoes or an item of clothing that:

1. meets specific requirements, including a requested specific color, style, fabric, or imprint; and
2. that a school requires a student to provide; and 
3. that is worn by a student for a curricular activity. “school uniform” does not include school activity clothing.

T. “Secondary school” means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.

U. “Secondary school student” means a student enrolled in a secondary school and includes a student in grade 6 if the student attends a secondary school.

V. “Something of monetary value” means a charge, expense, deposit, rental, fine, or payment, regardless of how the payment is termed, described, requested, or required directly or indirectly, in the form of money, goods or serves.  “Something of monetary value” includes:

1. charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;
2. payments made to a third party that provide a part of a school activity, class, or program;
3. classroom supplies or materials; or
4. a fine, except for a student fine specifically approved by the Board for;
   • failing to return school property;
   • losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior; or
   • improper use of school property, including a parking violation.
5. "something of monetary value” does not include a payment or charge for damages, which may reasonably be attributed to normal wear and tear.

W. “Student supplies” means items which are the personal property of a student which, although used in the instructional process, are also commonly purchased and used by persons not enrolled in the class or activity in question and have a high probability of regular use in situations other than school-sponsored activities.

1. “student supplies” include:
   • pencils;
   • paper;
   • notebooks;
   • crayons;
   • scissors;
   • basic clothing for healthy lifestyle classes; and
   • similar personal or consumable items over which a student retains ownership.
2. “student supplies” does not include items listed above if the requirement from the school for the student supply includes specific requirements such as brand, color, or a special imprint in order to create a uniform appearance not related to basic function.

X. “Textbook” means instructional material necessary for participation in an activity, course, or program, regardless of the format of the material.

1. “textbook” includes;
   • a hard copy book or printed pages of instructional material, including a consumable workbook; or
   • computer hardware, software, or digital content
2. “textbook” does not include instructional equipment or supplies.

Y. “Waiver” means a full release from a requirement to pay a fee and from any provision in-lieu of fee payment.  

Legal References:  Utah Code 53G-7-5  

POlicies Page