R277-407-11. Fee Waiver Eligibility

  (1) A student is eligible for fee waiver if an LEA receives verification that:

  (a) based on the family income levels established by the Superintendent as described in Subsection (2);

  (b) the student to whom the fee applies receives SSI;

  (c) the family receives TANF funding;

  (d) the student is in foster care through the Division of Child and Family Services; or

  (e) the student is in state custody.

  (2) The Superintendent shall annually establish income levels for fee waiver eligibility and publish the income levels on the Board's website.

  (3) In lieu of income verification, an LEA may require alternative verification under the following circumstances:

  (a) If a student's family receives TANF, an LEA may require a letter of decision covering the period for which a fee waiver is sought from the Utah Department of Workforce Services;

  (b) If a student receives SSI, an LEA may require a benefit verification letter from the Social Security Administration;

  (c) If a student is in state custody or foster care, an LEA may rely on the youth in care required intake form and school enrollment letter or both provided by a case worker from the Utah Division of Child and Family Services or the Utah Juvenile Justice Department.

  (d) An LEA may not subject a family to unreasonable demands for re-qualification.

  (4) A school may grant a fee waiver to a student, on a case by case basis, who does not qualify for a fee waiver under Subsection (1), but who, because of extenuating circumstances is not reasonably capable of paying the fee.

  (5) An LEA may charge a proportional share of a fee or reduced fee if circumstances change for a student or family so that fee waiver eligibility no longer exists.