Utah Code 53G-7-504. Waiver of fees — Appeal of decision
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(1)
Terms Used In Utah Code 53G-7-504
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- 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
- Waiver: means a full release from a requirement to pay a fee and from any provision in lieu of fee payment. See Utah Code 53G-7-501
(1)(a) Subject to the provisions of this part, if an LEA or a school within an LEA charges one or more fees, the LEA shall grant a waiver to a student if charging the fee would deny the student the opportunity to fully participate or complete a requirement because of an inability to pay the fee.(1)(b) An LEA governing board shall:(1)(b)(i) adopt policies for granting a waiver; and(1)(b)(ii) in accordance with Section53G-7-505 , give notice of waiver eligibility and policies.
(2)
(2)(a) An LEA that charges a fee under this part may provide a variety of alternatives for a student or family to satisfy a fee requirement, including allowing a student to provide:
(2)(a)(i) tutorial assistance to other students;
(2)(a)(ii) assistance before or after school to teachers and other school personnel on school related matters; and
(2)(a)(iii) general community or home service.
(2)(b) Each LEA governing board may add to the list of alternatives provided by the state board, subject to approval by the state board.
(3) With regard to a student who is in the custody of the Division of Child and Family Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA governing board shall require fee waivers or alternatives in accordance with this section.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:
(4)(a) requiring a parent of a student applying for a fee waiver to provide documentation and certification to the school verifying:
(4)(a)(i) the student’s eligibility to receive the waiver; and
(4)(a)(ii) if applicable, that the student has complied with alternatives for satisfying the fee requirements under Subsection (2) to the fullest extent reasonably possible according to the individual circumstances of the student and the LEA; and
(4)(b) specifying the acceptable forms of documentation for the requirement under Subsection (4)(a), which shall include verification based on income tax returns or current pay stubs.
(5) Notwithstanding the requirements under Subsection (4), an LEA is not required to keep documentation on file after the verification is completed.
(6) If a school denies a student or parent request for a fee waiver, the school shall provide the student or parent:
(6)(a) the school’s written decision to deny a waiver; and
(6)(b) the procedure to appeal in accordance with LEA policy.