Utah Code 53G-7-503. Fees — Prohibitions — Voluntary supplies — Enforcement — Penalties
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(1) An LEA may only charge a fee if the fee is:
Terms Used In Utah Code 53G-7-503
- Co-curricular activity: means an activity, a course, or a program that:(1)(a) is an extension of a curricular activity;(1)(b) is included in an instructional plan and supervised or conducted by a teacher or education professional;(1)(c) is conducted outside of regular school hours;(1)(d) is provided, sponsored, or supported by an LEA; and(1)(e) includes a required regular school day activity, course, or program. See Utah Code 53G-7-501
- Curricular activity: means an activity, a course, or a program that:
(2)(a) is intended to deliver instruction;(2)(b) is provided, sponsored, or supported by an LEA; and(2)(c) is conducted only during school hours. See Utah Code 53G-7-501- Elementary school: means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6. See Utah Code 53G-7-501
- Elementary school student: means a student enrolled in an elementary school. See Utah Code 53G-7-501
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Extracurricular activity: means an activity, a course, or a program that is:
(5)(a)(i) not directly related to delivering required instruction;(5)(a)(ii) not a curricular activity or co-curricular activity; and(5)(a)(iii) provided, sponsored, or supported by an LEA. See Utah Code 53G-7-501- Fee: includes :
(6)(b)(i) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;(6)(b)(ii) payments made to a third party that provides a part of a school activity, class, or program;(6)(b)(iii) charges or expenditures for classroom instructional equipment or supplies;(6)(b)(iv) charges or expenditures for school activity clothing; and(6)(b)(v) a fine other than a fine described in Subsection (6)(c)(i). See Utah Code 53G-7-501- Instructional equipment or supplies: means an activity-, course-, or program-related supply or tool that:
(8)(a)(i) a student is required to use as part of an activity, course, or program in a secondary school;(8)(a)(ii) becomes the property of the student upon exiting the activity, course, or program; and(8)(a)(iii) is subject to a fee waiver. See Utah Code 53G-7-501- School activity clothing: means special shoes or items of clothing:
(9)(a)(i)(9)(a)(i)(A) that meet specific requirements, including requesting a specific brand, fabric, or imprint;(9)(a)(i)(B) that a school requires a student to provide; and(9)(a)(i)(C) that become the property of the student upon exiting the activity, course, or program; and(9)(a)(ii) that are required to be worn by a student for an activity-, course-, or a program-related activity. See Utah Code 53G-7-501- School equipment: means a machine, equipment, facility, or tool that:
(10)(a) is durable;(10)(b) is reusable;(10)(c) is consumable;(10)(d) is owned by a secondary school; and(10)(e) a student uses as part of an activity, course, or program in a secondary school. See Utah Code 53G-7-501- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Textbook: includes :
(14)(b)(i) a hardcopy book or printed pages of instructional material, including a consumable workbook; or(14)(b)(ii) computer hardware, software, or digital content. See Utah Code 53G-7-501(1)(a) authorized under this part; and(1)(b) noticed by the LEA governing board in accordance with Section53G-7-505 .(2)(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.(2)(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.(2)(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:(3)(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 Section53E-4-202 or53E-4-204 , and that is not an elective, except for the following:(3)(a)(i) instructional equipment or supplies;(3)(a)(ii) a driver education course described in Section53G-10-503 ;(3)(a)(iii) a payment for a fee for:(3)(a)(iii)(A) open enrollment application processing in accordance with Section53G-6-402 ;(3)(a)(iii)(B) charter school application processing in accordance with Section53G-6-503 ; or(3)(a)(iii)(C) competency remediation programs in accordance with Section53G-9-803 ;(3)(a)(iv) a fee described in Subsection (5);(3)(a)(v) a music instrument rental; or(3)(a)(vi) school activity clothing;(3)(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(3)(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:(4)(a) or an individual, a fee for an adult education course in accordance with Section53E-10-202 ; or(4)(b) a fee for tuition, college credit, an exam, or a textbook, as described in Section53G-7-506 , for:(4)(b)(i) an Advanced Placement course;(4)(b)(ii) an International Baccalaureate course; or(4)(b)(iii) a concurrent enrollment course, as described in Section53E-10-302 .(5) An LEA may not charge a fee, except as provided in Subsection (3)(c):(5)(a) for school equipment; or(5)(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)(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.(7)(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:(7)(b)(i) a curricular activity; or(7)(b)(ii) an expense for the portion of a co-curricular activity that occurs during regular school hours.(8) Notwithstanding Section53E-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:(8)(a) requiring an LEA to repay improperly charged fees;(8)(b) withholding state funds; or(8)(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:(9)(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(9)(b) to administer this Subsection (9). - Curricular activity: means an activity, a course, or a program that: