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. “Common education expense” means an expense the district or school incurs that is related to the delivery of instruction for all courses, unrelated to a specific course, program, or activity. This includes the employment of educators and staff, the provision of capital facilities, and operation and maintenance costs.
B. “Course” means an activity, a course, or a program that the school:
1) Intends to deliver instruction;
2) Provides, sponsors, or supports; and
3) Conducts primarily during school hours
C. “Discretionary project” means a project that a student completed in lieu of or in addition to a required classroom project.
D. “Elementary school” means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.
E. “Elementary school student” means a student enrolled in an elementary school and does not include a secondary school student.
F. “Extracurricular activity” means an activity, or a program that:
1) is not a course; and
2) the school provides, sponsors, or supports.
G. “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:
a. payments to a third party that provides a part of a school activity, class, or program; and
b. a fine other than a fine described in the section below.
5) “Fee” does not include:
a. 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;
b. a payment for school breakfast or lunch;
c. a deposit that is a pledge securing the return of school property that is refunded upon the return of the school property;
d. a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program; or
e. money or another item of monetary value raised by a student or the student’s family through fundraising.
H. “Fee course” means a course that is not a non-fee course
I. “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) “Fundraising” does not include an alternative method of raising revenue without students.
J. “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.
K. “Individual fundraiser” or “individual fundraising” means a fundraising activity where money is raised by an individual student to pay the individual student’s fees.
L. “Instructional equipment” means an activity, course, or program-related tool that:
1) a student is required to use as part of an activity, course, or program in a secondary school; and
2) becomes the property of the student upon exiting the activity, course, or program.
3) “instructional equipment” does not include school equipment, an instructional supply, or a personal student supply for a secondary student.
M. “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. This does not include a personal student supply for a secondary student.
N. “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.
O. “Non-fee course” means a course that results in course credit or a course grade within the state core standards and other statutory requirements for:
1) English language arts;
2) health education;
3) mathematics;
4) science; and
5) social studies.
P. “Non-waivable charge” means a cost, payment, or expenditure that:
1) is a personal discretionary charge or purchase, including
a. a charge for insurance, unless the insurance is required for a student to participate in an activity, class, or program;
b. 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 another similar item
3) is subject to sales tax
4) is designated not to be a fee, including:
a. a school uniform
b. a school lunch; or
c. a charge for replacement for damaged or lost school equipment or supplies.
Q. “Personal student supply” means, for a secondary student, an object, tool, material, or supply that:
1) is the personal property of the student;
2) 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
3) has a high probability of regular use in activities other than school-sponsored activities.
4) includes pencils, papers, notebooks, crayons, scissors, and basic clothing.
R. “Provided, sponsored, or supported by a school” means an activity, class, program, 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:
a. the activity, class, program, club, camp, clinic, or other event is managed or supervised by a district school or school employee.
b. the activity, class, program, club, camp, clinic, or other event uses, more than inconsequentially, the District’s facilities, equipment, or other school resources.
c. the activity, class, program, 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.
S. “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.
T. “Regular school day” has the same meaning as the term “school day” described in State rule R277-419-2.
U. “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:
a. peer pressure, shaming, stigmatizing, bullying, or the like; or
b. withholding or curtailing any privilege that is otherwise provided to any other student.
V. “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 to wear for an activity, course, or program-related activity; and
3) the student rents while participating in the activity, or that becomes the property of the student upon exiting the activity, course, or program.
4) “school activity clothing” does not include a school uniform or clothing that is commonly found in students’ homes.
W. “School equipment” means a machine, equipment, facility, or tool that:
1) is durable;
2) is reusable;
3) is owned by a secondary school; and
4) a student uses as part of an activity, course, or program in a secondary school.
X. “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 wear during school attendance; and
3) is the property of the student.
4) “school uniform” does not include school activity clothing.
Y. “Secondary school” means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.
Z. “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.
AA. “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;
a. failing to return school property;
b. losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior; or
c. 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.
BB. “Textbook” means instructional material necessary for participation in an activity, course, or program, regardless of the format of the material.
1) “textbook” includes;
a. a hard copy book or printed pages of instructional material, including a consumable workbook; or
b. computer hardware, software, or digital content
2) “textbook” does not include school equipment, instructional equipment, or instructional supplies.
CC. “Waiver” means a full release from a requirement to pay a fee and from any provision inlieu of fee payment.
Legal References:
Utah Code 53G-7-5
Utah Administrative Rule R277-407