R277-407-1. Authority and Purpose

  (1) This rule is authorized under:

  (a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

  (b) Article X, Section 2 of the Utah Constitution, which provides that:

  (i) public elementary schools shall be free; and

  (ii) secondary schools shall be free, unless the Legislature authorizes the imposition of fees;

  (c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

  (d) Subsection 53G-7-503(2), which requires the Board to adopt rules regarding student fees; and

  (e) Subsection 53G-7-504 which authorizes waiver of fees for eligible students with appropriate documentation.

  (2) This rule also serves to comply with the order arising from the Permanent Injunction issued in Doe v. Utah State Board of Education, Civil No. 920903376 (3rd District 1994).

  (3) The purpose of this rule is to:

  (a) permit the orderly establishment of a system of reasonable fees;

  (b) provide adequate notice to students and families of fees and fee waiver requirements; and

  (c) prohibit practices that would:

  (i) exclude those unable to pay from participation in school-sponsored activities; or

  (ii) create a burden on a student or family as to have a detrimental impact on participation.