Section 53G-7-503 - Fees - Prohibitions - Voluntary supplies -Enforcement - Penalties(1) An LEA may only charge a fee if the fee is:(a) authorized under this part; and(b) noticed by the LEA governing board in accordance with Section 53G-7-505.(2)(a) An LEA may not require a fee for elementary school activities that are part of the regular school day or for supplies used during the regular school day.(b) An elementary school or elementary school teacher may compile and provide to an elementary school student's parent a suggested list of supplies for use during the regular school day so that a parent may furnish, only on a voluntary basis, those supplies for student use.(c) A list provided to an elementary school student's parent in accordance with Subsection (2)(b) shall include and be preceded by the following language: "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS, OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
(3) Beginning with the 2025-2026 school year: (a) an LEA may not charge a secondary student a fee for a curricular activity or a co-curricular activity that is required for the instruction of established core standards as described in Section 53E-4-202 or 53E-4-204, and that is not an elective, except for the following: (i) instructional equipment or supplies;(ii) a driver education course described in Section 53G-10-503;(iii) a payment for a fee for: (A) open enrollment application processing in accordance with Section 53G-6-402;(B) charter school application processing in accordance with Section 53G-6-503; or(C) competency remediation programs in accordance with Section 53G-9-803;(iv) a fee described in Subsection (5);(v) a music instrument rental; or(vi) school activity clothing;(b) for that portion of a co-curricular activity that is during regular school hours, an LEA may only charge a secondary student for the fees described in Subsection (3)(a); and(c) an LEA may charge a secondary student a fee for a co-curricular activity or extracurricular activity, including the life-cycle replacement costs for school equipment directly related to the co-curricular or extracurricular activity.(4) An LEA may charge a secondary student:(a) or an individual, a fee for an adult education course in accordance with Section 53E-10-202; or(b) a fee for tuition, college credit, an exam, or a textbook, as described in Section 53G-7-506, for: (i) an Advanced Placement course;(ii) an International Baccalaureate course; or(iii) a concurrent enrollment course, as described in Section 53E-10-302.(5) An LEA may not charge a fee, except as provided in Subsection (3)(c):(a) for school equipment; or(b) that is general in nature and for a service or good that does not have a direct benefit to the student paying the fee.(6) An LEA governing board shall authorize each fee individually.(7)(a) If an LEA imposes a fee under this part, the fee shall be equal to or less than the expense incurred by the LEA in providing for a student the activity, course, or program for which the LEA imposes the fee.(b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize another fee, including a fee to supplant or subsidize an expense that the LEA incurs for:(i) a curricular activity; or(ii) an expense for the portion of a co-curricular activity that occurs during regular school hours.(8) Notwithstanding Section 53E-3-401, if the state board finds that an LEA has violated a provision of this part, the state board shall impose corrective action against the LEA, which may include: (a) requiring an LEA to repay improperly charged fees;(b) withholding state funds; or(c) suspending the LEA's authority to charge fees for an amount of time specified by the state board.(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules: (a) that require notice and an opportunity to be heard for an LEA affected by a state board action described in this Subsection (9); and(b) to administer this Subsection (9).Amended by Chapter 497, 2024 General Session ,§ 10, eff. 5/1/2024.Amended by Chapter 341, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 408, 2020 General Session ,§ 83, eff. 5/12/2020.Amended by Chapter 51, 2020 General Session ,§ 3, eff. 5/12/2020.Amended by Chapter 223, 2019 General Session ,§ 6, eff. 7/1/2019.Amended by Chapter 293, 2019 General Session ,§ 120, eff. 5/14/2019.Renumbered from § 53A-12-102 by Chapter 3, 2018 General Session ,§ 203, eff. 1/24/2018.Amended by Chapter 258, 2015 General Session ,§ 52, eff. 5/12/2015.Amended by Chapter 377, 2013 General Session ,§ 1, eff. 7/1/2013.Amended by Chapter 261, 2012 General Session ,§ 1, eff. 5/8/2012.Enacted by Chapter 2, 1988 General Session