R277-407-9. Service in Lieu of Fees -- Voluntary Requests for Installment Plans

  (1) Subject to the provisions of Subsection (2), an LEA may allow a student to perform service in lieu of a fee, but service in lieu of a fee may not be required.

  (2) An LEA may allow a student to perform service in lieu of a fee if:

  (a) the LEA establishes a service policy that ensures that a service assignment is appropriate to the:

  (i) age of the student;

  (ii) physical condition of the student; and

  (iii) maturity of the student;

  (b) the LEA's service policy is consistent with state and federal laws, including:

  (i) Section 53G-7-504; and

  (ii) the Federal Fair Labor Standards Act, 29 U.S.C. 201;

  (c) the service can be performed within a reasonable period of time; and

  (d) the service is at least equal to the minimum wage for each hour of service.

  (3)(a) A student who performs service may not be treated differently than other students who pay a fee.

  (b) The service may not create an unreasonable burden for a student or parent and may not be of such a nature as to demean or stigmatize the student.

  (4) An LEA shall transfer a student's service credit to:

  (a) another school within the LEA; or

  (b) another LEA upon request of the student.

  (5)(a) An LEA may make an installment payment plan available to a parent or student to pay for a fee.

  (b) An installment payment plan described in Subsection (5)(a) may not be required in lieu of a fee waiver.

  (6) An LEA that charges fees shall adopt policies that include at least the following:

  (a) a process for obtaining waivers or pursuing alternatives that is administered fairly, objectively, and without delay, and avoids stigma and unreasonable burdens on students and families;

  (b) a process with no visible indicators that could lead to identification of fee waiver applicants;

  (c) a process that complies with the privacy requirements of The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 123g (FERPA);

  (d) a student may not collect fees or assist in the fee waiver approval process;

  (e) a standard written decision and appeal form is provided to every applicant; and

  (f) during an appeal the requirement that the fee be paid is suspended.