Utah Code § 53G-7-501

Current through the 2024 Fourth Special Session
Section 53G-7-501 - Definitions

As used in this part:

(1) "Co-curricular activity" means an activity, a course, or a program that:
(a) is an extension of a curricular activity;
(b) is included in an instructional plan and supervised or conducted by a teacher or education professional;
(c) is conducted outside of regular school hours;
(d) is provided, sponsored, or supported by an LEA; and
(e) includes a required regular school day activity, course, or program.
(2) "Curricular activity" means an activity, a course, or a program that:
(a) is intended to deliver instruction;
(b) is provided, sponsored, or supported by an LEA; and
(c) is conducted only during school hours.
(3) "Elementary school" means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.
(4)
(a) "Elementary school student" means a student enrolled in an elementary school.
(b) "Elementary school student" does not include a secondary school student.
(5)
(a) "Extracurricular activity" means an activity, a course, or a program that is:
(i) not directly related to delivering required instruction;
(ii) not a curricular activity or co-curricular activity; and
(iii) provided, sponsored, or supported by an LEA.
(b) "Extracurricular activity" does not include a noncurricular club as defined in Section 53G-7-701.
(6)
(a) "Fee" means a charge, expense, deposit, rental, or payment:
(i) regardless of how the charge, expense, deposit, rental, or payment is termed, described, requested, or required directly or indirectly;
(ii) in the form of money, goods, or services; and
(iii) that is a condition to a student's full participation in an activity, course, or program that is provided, sponsored, or supported by an LEA.
(b) "Fee" includes:
(i) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;
(ii) payments made to a third party that provides a part of a school activity, class, or program;
(iii) charges or expenditures for classroom instructional equipment or supplies;
(iv) charges or expenditures for school activity clothing; and
(v) a fine other than a fine described in Subsection (6)(c)(i).
(c) "Fee" does not include:
(i) a student fine specifically approved by an LEA for:
(A) failing to return school property;
(B) losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, or as described in Section 53G-8-212; or
(C) improper use of school property, including a parking violation;
(ii) a payment for school breakfast or lunch;
(iii) a deposit that is:
(A) a pledge securing the return of school property; and
(B) refunded upon the return of the school property;
(iv) a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program; or
(v) money or another item of monetary value raised by a student or the student's family through fundraising.
(7)
(a) "Fundraising" means an activity or event provided, sponsored, or supported by an LEA that uses students to generate funds or raise money to:
(i) provide financial support to a school or a school's class, group, team, or program; or
(ii) benefit a particular charity or for other charitable purposes.
(b) "Fundraising" does not include an alternative method of raising revenue without students.
(8)
(a) "Instructional equipment or supplies" means an activity-, course-, or program-related supply or tool that:
(i) a student is required to use as part of an activity, course, or program in a secondary school;
(ii) becomes the property of the student upon exiting the activity, course, or program; and
(iii) is subject to a fee waiver.
(b) "Instructional equipment or supplies" does not include school equipment.
(9)
(a) "School activity clothing" means special shoes or items of clothing:
(i)
(A) that meet specific requirements, including requesting a specific brand, fabric, or imprint;
(B) that a school requires a student to provide; and
(C) that become the property of the student upon exiting the activity, course, or program; and
(ii) that are required to be worn by a student for an activity-, course-, or a program-related activity.
(b) "School activity clothing" does not include:
(i) a school uniform; or
(ii) clothing that is commonly found in students' homes.
(10) "School equipment" means a machine, equipment, facility, or tool that:
(a) is durable;
(b) is reusable;
(c) is consumable;
(d) is owned by a secondary school; and
(e) a student uses as part of an activity, course, or program in a secondary school.
(11)
(a) "School uniform" means special shoes or an item of clothing:
(i)
(A) that meet specific requirements, including a requested specific color, style, fabric, or imprint; and
(B) that a school requires a student to provide; and
(ii) that is worn by a student for a curricular activity.
(b) "School uniform" does not include school activity clothing.
(12) "Secondary school" means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.
(13) "Secondary school student":
(a) means a student enrolled in a secondary school; and
(b) includes a student in grade 6 if the student attends a secondary school.
(14)
(a) "Textbook" means instructional material necessary for participation in an activity, course, or program, regardless of the format of the material.
(b) "Textbook" includes:
(i) a hardcopy book or printed pages of instructional material, including a consumable workbook; or
(ii) computer hardware, software, or digital content.
(c) "Textbook" does not include instructional equipment or supplies.
(15) "Waiver" means a full release from a requirement to pay a fee and from any provision in lieu of fee payment.

Utah Code § 53G-7-501

Amended by Chapter 497, 2024 General Session ,§ 8, eff. 5/1/2024.
Amended by Chapter 20, 2024 General Session ,§ 16, eff. 5/1/2024.
Amended by Chapter 51, 2020 General Session ,§ 2, eff. 5/12/2020.
Amended by Chapter 223, 2019 General Session ,§ 4, eff. 7/1/2019.
Added by Chapter 3, 2018 General Session ,§ 201, eff. 1/24/2018.