R277-733-9. Adult Education Programs--Tuition and Fees

  (1) Any adult may enroll in an adult education class consistent with Section 53E-10-205.

  (2) An eligible provider may charge tuition and fees for ABE, HSE exam preparation, AHSC, or ELL courses in an amount not to exceed $100 annually per student based on the student's ability to pay as determined by federal free and reduced lunch guidelines under the Richard B. Russell National School Lunch Act, 42 USC Section 1751, et seq.

  (3) A school board or board of trustees of an eligible provider shall determine reasonable and necessary student fees and tuition on an annual basis.

  (4) An eligible provider shall provide potential adult education program students adequate notice of tuition and fees through public posting.

  (5) An eligible provider shall specifically use collected fees and tuition to provide additional adult education and literacy services that the provider would otherwise be unable to provide.

  (6) An eligible provider receiving state or federal adult education funds shall provide annual written assurances on a form approved by the Superintendent that all fees and tuition collected and submitted for accounting purposes are:

  (a) returned or delegated with the exception of indirect costs to the local adult education program;

  (b) used solely and specifically for adult education programming; and

  (c) not withheld and maintained in a general maintenance and operation fund.

  (7)(a) An eligible provider shall spend all collected fees and tuition generated from the previous fiscal year in the adult education program in the ensuing program year.

  (b) A district may not use funds identified in Subsection (7)(a) in calculating carryover fund balance amounts.

  (8) An eligible provider may not count collected fees and tuition toward meeting federal matching, cost sharing, or maintenance of effort requirements related to the program's award.

  (9) Annually, eligible providers shall report to the Superintendent all fees and tuition collected from students associated with each funding source.

  (10) An eligible provider shall not commingle or report fees and tuition collected from adult education students with community education funds or any other public education fund.