53A-12-103 - Waiver of fees.
53A-12-103. Waiver of fees.
(1) (a) A local school board shall require, as part of an authorization granted underSection 53A-12-102, that adequate waivers or other provisions are available to ensure that nostudent is denied the opportunity to participate because of an inability to pay the required fee,deposit, or charge.
(b) (i) If, however, a student must repeat a course or requires remediation to advance orgraduate and a fee is associated with the course or the remediation program, it is presumed thatthe student will pay the fee.
(ii) If the student or the student's parent or guardian is financially unable to pay the fee,the board shall provide for alternatives to waiving the fee, which may include installmentpayments and school or community service or work projects for the student.
(iii) In cases of extreme financial hardship or where the student has suffered a long-termillness, or death in the family, or other major emergency and where installment payments and theimposition of a service or work requirement would not be reasonable, the student may receive apartial or full waiver of the fee required under Subsection (1)(b)(i).
(iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,and charges made in the secondary schools.
(2) (a) The board shall require each school in the district that charges a fee under thischapter to provide a variety of alternatives for satisfying the fee requirement to those who qualifyfor fee waivers, in addition to the outright waiver of the fee.
(b) The board shall develop and provide a list of alternatives for the schools, includingsuch options as allowing the student to provide:
(i) tutorial assistance to other students;
(ii) assistance before or after school to teachers and other school personnel on schoolrelated matters; and
(iii) general community or home service.
(c) Each school may add to the list of alternatives provided by the board, subject toapproval by the board.
(3) A local school board may establish policies providing for partial fee waivers or otheralternatives for those students who, because of extenuating circumstances, are not in a financialposition to pay the entire fee.
(4) With regard to children who are in the custody of the Division of Child and FamilyServices who are also eligible under Title IV-E of the federal Social Security Act, local schoolboards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theState Board of Education shall make rules:
(a) requiring a parent or guardian of a student applying for a fee waiver to providedocumentation and certification to the school verifying:
(i) the student's eligibility to receive the waiver; and
(ii) that the alternatives for satisfying the fee requirements under Subsection (2) havebeen complied with to the fullest extent reasonably possible according to the individualcircumstances of both the fee waiver applicant and the school; and
(b) specifying the acceptable forms of documentation for the requirement underSubsection (5)(a), which shall include verification based on income tax returns or current paystubs.
(6) Notwithstanding the requirements under Subsection (5), a school is not required tokeep documentation on file after the verification is completed.
Amended by Chapter 382, 2008 General Session