Section R277-407-8 - Fee Waivers(1)(a) All fees are subject to waiver.(b) Fees charged for an activity, class, or program held outside of the regular school day, during the summer, or outside of an LEA's regular school year are subject to waiver.(c) Non-waivable charges are not subject to waiver.(2)(a) Except as provided in Subsection (2)(b), an LEA may not use revenue collected through fees to offset the cost of fee waivers by requiring students and families who do not qualify for fee waivers to pay an increased fee amount to cover the costs of students and families who qualify for fee waivers.(b) An LEA may notify students and families that the students and families may voluntarily pay an increased fee amount or provide a donation to cover the costs of other students and families.(3) An LEA shall provide, as part of any fee policy or schedule, for adequate waivers or other provisions in lieu of a fee to ensure that no student is denied the opportunity to participate in a class or school-sponsored or supported activity because of an inability to pay a fee.(4) An LEA shall designate at least one person at an appropriate administrative level in each school to review and grant fee waiver requests.(5) An LEA shall administer the process for obtaining a fee waiver or pursuing an alternative fairly, objectively, without delay, and in a manner that avoids stigma, embarrassment, undue attention, and unreasonable burdens on students and parents.(6) An LEA may not treat a student receiving a fee waiver or provision in lieu of a fee waiver differently from other students.(7) A school may not identify a student on fee waiver to students, staff members, or other persons who do not need to know.(8)(a) An LEA shall ensure that a fee waiver or other provision in lieu of a fee payment is available to any student whose parent cannot pay a fee.(b) A school or LEA administrator shall verify fee waivers consistent with this rule.(9) An LEA shall adopt a fee waiver policy for review and appeal of fee waiver requests which: (a) provides parents the opportunity to review proposed alternatives to fee waivers;(b) establishes a timely appeal process, which shall include the opportunity to appeal to the LEA or its designee; and(c) suspends any requirement that a given student pay a fee during any period for which the student's eligibility for waiver is under consideration or during which an appeal of denial of a fee waiver is in process.(10) An LEA may pursue reasonable methods for collecting student fees, but may not, as a result of unpaid fees: (a) exclude a student from a school, an activity, class, or program that is provided, sponsored, or supported by a school during the regular school day;(b) refuse to issue a course grade; or(c) withhold official student records, including written or electronic grade reports, class schedules, diplomas or transcripts.(11)(a) A school may withhold student records in accordance with Subsection 53G-8-212(2)(a).(b) Notwithstanding Subsection (12)(a), a school may not withhold any records required for student enrollment or placement in a subsequent school.(12) A school is not required to waive a non-waivable charge.Utah Admin. Code R277-407-8
Adopted by Utah State Bulletin Number 2017-20, effective 9/21/2017Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019Amended by Utah State Bulletin Number 2019-21, effective 10/8/2019Amended by Utah State Bulletin Number 2020-01, effective 12/10/2019Amended by Utah State Bulletin Number 2020-23, effective 11/10/2020Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024