R277-407-2. Definitions

  (1) "Co-curricular activity" means an activity, course, or program, outside of school hours, that also includes a required regular school day program or curriculum.

  (2) "Extracurricular activity" means an activity or program for students, outside of the regular school day, that:

  (a) is sponsored, recognized, or sanctioned by an LEA; and

  (b) supplements or compliments, but is not part of, the LEA's required program or regular curriculum.

  (3)(a) "Fee" means something of monetary value requested or required by an LEA as a condition to a student's participation in an activity, class, or program provided, sponsored, or supported by a school.

  (b) "Fee" includes money or something of monetary value raised by a student or the student's family through fundraising.

  (4)(a) "Fundraiser," "fundraising," or "fundraising activity" means an activity or event provided, sponsored, or supported by a school that uses students to generate funds to raise money to:

  (i) provide financial support to a school or any of the school's classes, groups, teams, or programs; or

  (ii) benefit a particular charity or for other charitable purposes.

  (b) "Fundraiser," "fundraising," or "fundraising activity" may include:

  (i) the sale of goods or services;

  (ii) the solicitation of monetary contributions from individuals or businesses; or

  (iii) other lawful means or methods that use students to generate funds.

  (c) "Fundraiser," "fundraising," or "fundraising activity" does not include an alternative method of raising revenue without students.

  (5) "Group fundraiser" or "group fundraising" means a fundraising activity where the money raised is used for the benefit of the group, team, or organization.

  (6) "Individual fundraiser" or "individual fundraising" means a fundraising activity where money is raised by each individual student to pay the individual student's fees.

  (7)(a) "Instructional equipment" means an activity, course, or program-related tool or instrument that:

  (i) is required for a student to use as part of a secondary activity, course, or program;

  (ii) typically becomes the property of the student upon exiting the activity, course, or program; and

  (iii) is subject to fee waiver.

  (b) "Instructional equipment" includes:

  (i) shears or styling tools;

  (ii) a band instrument;

  (iii) a camera;

  (iv) a stethoscope; and

  (v) sports equipment, including a bat, mitt, or tennis racquet.

  (c) "Instructional equipment" does not include school equipment.

  (8)(a) "Instructional supply" means a consumable or non-reusable supply that is necessary for a student to use as part of a secondary activity, course, or program.

  (b) "Instructional supply" includes:

  (i) prescriptive footwear;

  (ii) brushes or other art supplies, including clay, paint, or art canvas;

  (iii) wood for wood shop;

  (iv) Legos for Lego robotics;

  (v) film; and

  (vi) filament used for 3D printing.

  (9) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

  (10) "Noncurricular club" has the same meaning as that term is defined in Section 53G-7-701.

  (11) "Non-waivable charge" means a cost, payment, or expenditure that:

  (a) is a personal discretionary charge or purchase, including:

  (i) a charge for insurance, unless the insurance is required for a student to participate in an activity, class, or program;

  (ii) a charge for college credit related to the successful completion of:

  (A) a concurrent enrollment class; or

  (B) an advanced placement examination; or

  (iii) except when requested or required by an LEA, a charge for a personal consumable item such as a yearbook, class ring, letterman jacket or sweater, or other similar item;

  (b) is subject to sales tax as described in Utah State Tax Commission Publication 35, Sales Tax Information for Public and Private Elementary and Secondary Schools; or

  (c) by Utah Code, federal law, or Board rule is designated not to be a fee, including:

  (i) a school uniform as provided in Section 53G-7-801;

  (ii) a school lunch; or

  (iii) a charge for a replacement for damaged or lost school equipment or supplies.

  (12)(a) "Provided, sponsored, or supported by a school" means an activity, class, program, fundraiser, club, camp, clinic, or other event that:

  (i) is authorized by an LEA or school, according to local education board policy; or

  (ii) satisfies at least one of the following conditions:

  (A) the activity, class, program, fundraiser, club, camp, clinic, or other event is managed or supervised by an LEA or school, or an LEA or school employee;

  (B) the activity, class, program, fundraiser, club, camp, clinic, or other event uses, more than inconsequentially, the LEA or school's facilities, equipment, or other school resources; or

  (C) the activity, class, program, fundraising 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.

  (b) "Provided, sponsored, or supported by a school" does not include an activity, class, or program that meets the criteria of a noncurricular club as described in Title 53G, Chapter 7, Part 7, Student Clubs.

  (13)(a) "Provision in lieu of fee waiver" means an alternative to fee payment or waiver of fee payment.

  (b) "Provision in lieu of fee waiver" does not include a plan under which fees are paid in installments or under some other delayed payment arrangement.

  (14) "Regular school day" has the same meaning as the term "school day" described in Section R277-419-2.

  (15) "Requested or required by an LEA as a condition to a student's participation" means something of monetary value that is impliedly or explicitly mandated or necessary for a student, parent, or family to provide so that a student may:

  (a) fully participate in school or in a school activity, class, or program;

  (b) successfully complete a school class for the highest grade; or

  (c) avoid a direct or indirect limitation on full participation in a school activity, class, or program, including limitations created by:

  (i) peer pressure, shaming, stigmatizing, bullying, or the like; or

  (ii) withholding or curtailing any privilege that is otherwise provided to any other student.

  (16) "School day" has the same meaning as defined in R277-419-2.

  (17)(a) "School equipment" means a durable school-owned machine, equipment, or tool used by a student as part of a secondary activity, course, or program.

  (b) "School equipment" includes a saw, machine, and 3D printer.

  (18)(a) "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 services.

  (b) "Something of monetary value" includes:

  (i) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;

  (ii) payments made to a third party that provide a part of a school activity, class, or program;

  (iii) classroom supplies or materials; and

  (iv) a fine, except for 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

  (C) improper use of school property, including a parking violation.

  (19)(a) "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 other than school-sponsored activities.

  (b) "Student supplies" include:

  (i) pencils;

  (ii) paper;

  (iii) notebooks;

  (iv) crayons;

  (v) scissors;

  (vi) basic clothing for healthy lifestyle classes; and

  (vii) similar personal or consumable items over which a student retains ownership.

  (c) "Student supplies" does not include items listed in Subsection (18)(b) 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.

  (20) "Supplemental kindergarten" means an LEA program for students in kindergarten who voluntarily elect to receive additional hours of instruction beyond the LEA's regular school day for kindergarten students for an additional fee.

  (21) "Supplemental Security Income for children with disabilities" or "SSI" means a benefit administered through the Social Security Administration that provides payments for qualified children with disabilities in low income families.

  (22) "Temporary Assistance for Needy Families" or "TANF," means a program, formerly known as AFDC, which provides monthly cash assistance and food stamps to low-income families with children under age 18 through the Utah Department of Workforce Services.

  (23)(a) "Textbook" means instructional material necessary for participation in a course or program, regardless of the format of the material.

  (b) "Textbook" includes:

  (i) hardcopy book or printed pages of instructional material, including a consumable workbook;

  (ii) computer hardware, software, or digital content;

  (iii) the cost of wifi to access school required digital content; and

  (iv) the maintenance costs of school equipment.

  (c) "Textbook" does not include:

  (i) instructional equipment; or

  (ii) instructional supplies.

  (24) "Waiver" means a full release from the requirement of payment of a fee and from any provision in lieu of fee payment.