R277-407-6. LEA Requirements to Establish a Fee Schedule -- Maximum Fee Amounts -- Notice to Parents

  (1) An LEA, school, school official, or employee may not charge or assess a fee or request or require something of monetary value in connection with an activity, class, or program provided, sponsored, or supported by a including for a co-curricular or extracurricular activity, unless the fee:

  (a) has been set and approved by the LEA's governing board;

  (b) is equal to or less than the maximum fee amount established by the LEA governing board as described in Subsection (4); and

  (c) is included in an approved fee schedule or notice in accordance with this rule.

  (2)(a) If an LEA charges a fee, on or before April 1 and in consultation with stakeholders, the LEA governing board shall annually adopt a fee schedule and fee policies for the LEA in a regularly scheduled public meeting.

  (b) Before approving the LEA's fee schedule described in this Section, an LEA shall provide an opportunity for the public to comment on the proposed fee schedule during a minimum of two public LEA governing board meetings.

  (c) An LEA shall:

  (i) provide public notice of the meetings described in Subsections (2)(a) and (b) in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and

  (ii) encourage public participation in the development of fee schedules and waiver policies.

  (d) In addition to the notice requirements of Subsection(2)(c), an LEA shall provide notice to parents and students of the meetings described in Subsections (2)(a) and (b) using the same form of communication regularly used by the LEA to communicate with parents, including notice by e-mail, text, flyer, or phone call.

  (e) An LEA shall keep minutes of meetings during which fee and waiver policies are developed or adopted, together with copies of approved policies, in accordance with Section 52-4-203.

  (3) After the fee schedule described in Subsection (2)(a) is adopted, an LEA may amend the LEA's fee schedule if the LEA follows the process described in Subsection (2) before approving the amended fee schedule.

  (4)(a) As part of an LEA's fee setting process, the LEA shall establish a per student annual maximum fee amount that the LEA's schools may charge a student for the student's participation in all courses, programs, and activities provided, sponsored, or supported by a school for the year.

  (b) An LEA shall establish:

  (i) a maximum fee amount per student for each activity; and

  (ii) a maximum total aggregate fee amount per student per school year.

  (c) The amount of revenue raised by a student through an individual fundraiser shall be included as part of the maximum fee amount per student for the activity and maximum total aggregate fee amount per student.

  (d) An LEA may establish a reasonable number of activities, courses, or programs that will be covered by the annual maximum fee amount described in Subsection (4)(a).

  (5) As part of an LEA's fee setting process described in this Section, the LEA may review and consider the following per school:

  (a) the school's cost to provide the activity, class, or program;

  (b) the school's student enrollment;

  (c) the median income of families:

  (i) within the school's boundary; or

  (ii) enrolled in the school;

  (d) the number and monetary amount of fee waivers, designated by individual fee, annually granted within the prior three years;

  (e) the historical participation and school interest in certain activities;

  (f) the prior year fee schedule;

  (g) the amount of revenue collected from each fee in the prior year;

  (h) fund-raising capacity;

  (i) prior year community donors; and

  (j) other resources available, including through donations and fundraising.

  (6)(a) An LEA shall annually provide written notice to a parent or guardian of each student who attends a school within the LEA of all current and applicable fee schedules and fee waiver policies.

  (7)(a) If an LEA charges a fee, the LEA shall:

  (i) annually publish the LEA's fee waiver policies and fee schedule, including the fee maximums described in Subsection (4), on each of the LEA's schools' websites;

  (ii) annually include a copy of the LEA's fee schedule and fee waiver policies with the LEA's registration materials; and

  (iii) provide a copy of the LEA's fee schedule and fee waiver policies to a student's parent who enrolls a student after the initial enrollment period.

  (b) If an LEA's student or parent population in a single language other than English exceeds 20%, the LEA shall also publish the LEA's fee schedule and fee waiver policies in the language of those families.

  (c) An LEA representative shall meet personally with each student's parent or family and make available an interpreter for the parent to understand the LEA's fee waiver schedules and policies if:

  (i) the student or parent's first language is a language other than English; and

  (ii) the LEA hasn't published the LEA's fee schedule and fee waiver policies in the parent's first language.

  (8) A notice described in Subsection (6)(a) shall:

  (a) be in a form approved by the Board; and

  (b) include the following:

  (i) for a school serving elementary students:

  (A) School Fees Notice for Families of Children in Elementary School;

  (B) Fee Waiver applications (Elementary School);

  (C) Fee Waiver Decision and Appeals Form; and

  (D) the Board's elementary school poster; and

  (ii) for a school serving secondary students:

  (A) School Fees Notice For Families of Students in a Secondary School;

  (B) Fee Waiver Application (Secondary School);

  (C) Application for Fee Waivers and Community Service (Secondary School);

  (D) Community Service Assignments and Notice of Appeal Rights;

  (E) Appeal of Community Service Assignment; and

  (F) the Board's secondary school poster.

  (9)(a) An LEA policy shall include easily understandable procedures for obtaining a fee waiver and for appealing an LEA's denial of a fee waiver, as soon as possible before the fee becomes due.

  (b) If an LEA denies a student or parent request for a fee waiver, the LEA shall provide the student or parent:

  (i) the LEA's decision to deny a waiver; and

  (ii) the procedure for the appeal in the form approved by the Board.

  (10)(a) A school may not deny a present or former student receipt of transcripts or a diploma, nor may a school refuse to issue a grade for a course for failure to pay school fees.

  (b) A school may impose a reasonable charge to cover the cost of duplicating, mailing, or transmitting transcripts and other school records.

  (c) A school may not charge for duplicating, mailing, or transmitting copies of school records to an elementary or secondary school in which a former student is enrolled or intends to enroll.

  (11) To preserve equal opportunity for all students and to limit diversion of money and school and staff resources from the basic school program, each LEA's fee policies shall be designed to limit student expenditures for school-sponsored activities, including expenditures for activities, uniforms, clubs, clinics, travel, and subject area and vocational leadership organizations, whether local, state, or national.