JN - Student Fees

1. PURPOSE AND PHILOSOPHY

The Utah Constitution requires that public elementary and secondary schools be free, except that the legislature may authorize the imposition of fees in secondary schools. The Utah legislature has authorized fees in secondary schools and, along with the Utah State Board of Education, imposed various permissions, restrictions, and requirements related to student fees. This policy is adopted to comply with the law and create a fee system aimed at balancing increased student access to educational opportunities with the incremental burden of school fees. 

Utah law requires that the imposition of any fee in public elementary or secondary schools be authorized by the local school board. Therefore, all fees assessed by Nebo School District schools or employees must first be approved by the Nebo School District Board of Education (Board) and listed on the applicable fee schedule. This policy and the attached fee schedules are adopted to authorize the fees listed on the fee schedules and to ensure that only fees authorized by the Board are charged to students. 

This policy is further designed to provide adequate notice to students and families of fees, fee waiver availability, and fee waiver requirements; to limit student expenditures; and to provide guidance and procedures regarding fees imposed upon students in the District. 

2. DEFINITION OF FEE

"Fee" is used as defined in Utah Code Ann. § 53G-7-501 and means a charge, expense, deposit, rental, or payment:

regardless of how the charge, expense, deposit, rental, or payment is termed, described, requested, or required directly or indirectly;

in the form of money, goods, or services; and

that is a condition to a student's full participation in an activity, course, or program that is provided, sponsored, or supported by the District or its schools. 

"Fee" includes:

something of monetary value that is impliedly or explicitly mandated or necessary for a student, parent, or family to provide so that a student may

fully participate in school or in a school activity, class or program;

successfully complete a school class for the highest grade; or

avoid a direct or indirect limitation on full participation in a school activity, class, or program, including limitations created by

peer pressure, shaming, stigmatizing, bullying, or the like; or

withholding or curtailing any privilege that is otherwise provided to any other student; 

money or something of monetary value raised by a student or the student's family through fundraising;

charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;

payments made to a third party that provides a part of a school activity, class, or program;

charges or expenditures for classroom:

supplies; or 

materials; 

charges or expenditures for school activity clothing; and

a fine other than a fine described in Subsection 2.3.2.

"Fee" does not include:

a non-waivable charge as described in Section 3

a student fine for:

failing to return school property; 

losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, or as described in Utah Code Ann. § 53G-8-212; or 

improper use of school property, including a parking violation;

a payment for school breakfast or lunch; 

a deposit that is:

a pledge securing the return of school property; and 

refunded upon the return of the school property; or

a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program.

3. NON-WAIVABLE CHARGES

Consistent with the definition of a fee in Section 2, and especially the description in paragraph 2.3 of charges that are not fees, the following are descriptions of non-waivable charges that do not constitute fees subject to waivers or other restrictions set forth by this policy. 

A personal discretionary charge or purchase, including

A charge for insurance, including a mobile device protection plan, unless the insurance is required for a student to participate in an activity, class, or program; 

A charge for college credit related to the successful completion of a concurrent enrollment class or an advanced placement examination; and

Except when requested or required by the District, a charge for a personal consumable item such as a student picture, yearbook, class ring, graduation announcement, letterman jacket or sweater, or similar item. Schools may also offer parents/guardians the convenience of purchasing physical education clothing at a reasonable cost through the school. The cost of such clothing shall not be considered a fee unless the particular style, color, or brand of clothing is required by the school. 

A charge for replacement or repair of items lost or damaged by a student. 

The discretionary purchase of materials for an optional class project.

In project related courses, projects required for course completion shall be included in the course fee.

A school may require a student to provide materials or pay for an additional discretionary project if the student chooses a project in lieu of, or in addition to a required classroom project.

A school shall avoid allowing high cost additional projects, particularly if authorization of an additional discretionary project results in pressure on a student by teachers or peers to also complete a similar high cost project.

A school may not require a student to select an additional project as a condition to enrolling, completing, or receiving the highest possible grade for a course.

A reasonable charge may be assessed to cover the cost of duplicating student record transcripts when such transcripts are to be provided to the student or mailed to colleges, universities, or places of employment. A charge will not be assessed for transcripts which are required as part of a transfer to another public or private elementary or secondary school. These charges are not considered to be school fees.

The personal discretionary purchase of an item available to students from a vending machine, concession stand, or school store is not a fee. 

A convenience charge may be assessed for credit card transactions. The convenience charge does not constitute a fee if students and parents have the option of paying by cash or check to avoid it. The convenience charge may be designated as a fixed dollar amount per transaction or as a percentage of the charged amount. 

Federal law permits schools to charge for food or drink provided as part of the Child Nutrition Program in both elementary and secondary schools. Parents may submit an application to the District for free or reduced price meals and milk in accordance with Nebo School District Policy EF, Child Nutrition Programs.

4. AUTHORITY TO CHARGE FEES

Under the Utah Constitution, public elementary and secondary schools are to be free, except that the legislature is permitted to authorize the imposition of fees in secondary schools. Utah law permits the charging of fees as described in this section. 

Elementary Schools

For purposes of this policy, an elementary student is a student enrolled in a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, or 5. 

Except as specifically provided in this section, Utah law prohibits the charging of fees for anything that takes place during an elementary student’s regular school day, including but not limited to, textbooks, classroom equipment or supplies, field trips, and assemblies.

Fees may be charged by elementary schools for programs offered before or after school or during school vacations. No fee may be charged to or requested of an elementary student unless the fee has first been approved by the Board and listed on the Elementary Fee Schedule. 

Any such fees are subject to fee waivers under Section 6 of this policy. 

Alternatives to fee waivers may not be required of elementary students. 

An elementary school or elementary school teacher may compile and provide a suggested list of supplies for use during the regular school day so that parents and guardians may furnish those on a voluntary basis. Suggested lists must 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.

Secondary Schools

Secondary students are students enrolled in a middle school, junior high, or high school. 

Utah law permits the charging of fees to secondary students. No fee may be charged to or requested of secondary student unless the fee has first been approved by the Board and listed on the applicable Middle School, Junior High, or High School Fee Schedule.

Secondary students may be required to provide student supplies. Student supplies are items which are the personal property of a student which, although used in the instructional process, are also commonly purchased and used by persons not enrolled in the class or activity in question and have a high probability of regular use in other than school-sponsored activities. Student supplies include:

pencils;

paper;

notebooks;

crayons;

scissors;

basic clothing for healthy lifestyle classes; and

similar personal or consumable items over which a student retains ownership.

Student supplies do not include items listed in subsection 4.2.3 if the school requests or requires a specific brand, color, or special imprint in order to create a uniform appearance not related to basic function. 

Except for student supplies as described in subsection 4.2.3, students cannot be required or requested by a teacher or other person to pay fees or provide any materials, money, or any other thing of value unless that requirement has been approved by the Board and included in the applicable fee schedule. No fee is considered optional, and ALL fees are subject to fee waivers under Section 6 of this policy. 

No teacher, coach, or other person acting as a representative of the school may sponsor a summer camp or other out-of-season activity unless the costs are within the limits approved by the Board and included on the applicable fee schedule. Fees for summer and out-of-season activities are subject to the waiver requirements of section 6. 

Expenditures for uniforms, costumes, clothing, and accessories (other than items of typical student dress) which are required for participation in choirs, pep clubs, drill teams, athletic teams, bands, orchestras, or other student groups, are fees requiring approval by the Board and are subject to fee waivers. 

Expenditures for student travel as part of a school team, student group, or other school-approved trip are fees requiring approval by the Board and are subject to fee waivers. 

Activities and competitions sponsored by the Utah High School Activities Association (UHSAA) must adhere to applicable UHSAA budget restrictions.

Fee schedules for the District, listing all approved fees, shall be adopted at least once each year by the Board in a regularly scheduled public meeting. The approved fee schedules will be available to parents/guardians prior to the beginning of each school year.

5. LIMITATIONS ON FEES

Consistent with this policy, students may be charged reasonable fees as listed in the applicable fee schedule. 

No employee may charge a fee or request something of monetary value unless it is first approved by the Board and listed on the applicable fee schedule. 

A fee charged to a student must be equal to or less than the actual cost to the district of the student’s participation in the activity for which the fee is charged. The calculation of the cost of a program or activity may not include the cost of revenue lost to fee waivers.  A school may not use revenue collected through fees to offset the cost of fee waivers by requiring students and families who do not qualify for fee waivers to pay an increased fee amount to cover the costs of students and families who qualify for fee waivers.

No fee may supplant or subsidize any other fee or be charged to cover any fee waiver. 

Each fee schedule adopted by the Board must include the following: 

The specific amount of each fee;

The total amount a student may be charged for each activity, class, or program if a student is charged multiple fees related to one activity, class, or program;

A statement referencing the fee waiver policy and appeal information;

A spending plan for each fee;

A per-student annual maximum fee amount for participation in all activities. Anything earned through an individual fundraiser is included. 

As outlined in Utah Code Ann. § 53G-7-602, the District may not charge a fee for a textbook except as provided below.  

“Textbook” means instructional material necessary for participation in an activity, course, or program, regardless of the format of the material, and includes the following:

a hardcopy book or printed pages of instructional material, including a consumable workbook; 

computer hardware, software, or digital content; and 

maintenance of school equipment, meaning the cost, payment, or expenditures related to storing, repairing, or keeping school equipment in good working condition. Maintenance of school equipment does not include the cost related to end-of-life replacement. 

Notwithstanding the general prohibition against charging a fee for textbooks, the district may charge a fee for a textbook used for a concurrent enrollment or advanced placement course. A fee for a concurrent enrollment or advanced placement course is waivable under section 6. 

6. FEE WAIVERS AND APPEALS

Fees will be waived for students who qualify for fee waiver under Utah law. Fees may be waived for other reasons at the discretion of the principal. A student is eligible for a fee waiver if any of the following apply. Verification of eligibility must be provided as outlined below. 

Income. A student is eligible if the family’s income does not exceed the level established under Utah Admin. Code § R277-407-11. Unless otherwise established by the State Superintendent of Instruction, the income level for fee waiver eligibility is the same as that for free meals under the National School Lunch Program and the School Breakfast Program. Verification of income must be provided in the form of income tax returns or current pay stubs.  

SSI. A student is eligible if the student receives Supplemental Security Income for children with disabilities (SSI) under Title XVI of the federal Social Security Act and its implementing regulations found at 20 CFR Part 416. SSI is a benefit administered through the Social Security Administration (SSA) providing payments for qualified children with disabilities in low income families. Verification must be provided in the form of a benefit verification letter from the SSA.  

TANF. A student is eligible if the family is receiving Temporary Assistance for Needy Families (TANF) under Title IV of the federal Social Security Act and its implementing regulations found at 45 CFR Part 260. TANF (formerly known as Aid to Families with Dependent Children, or AFDC), is a program providing monthly cash assistance to low income families with children under age 18 through the Utah Department of Workforce Services. Verification must be provided in the form of a copy (including an electronic copy or screenshot) of the family’s eligibility determination or eligibility status from the Utah Department of Workforce Services covering the period for which a fee waiver is sought. 

SNAP. A student is eligible if the family is receiving Supplemental Nutrition Assistance Program (SNAP) benefits under the federal Food, Conservation, and Energy Act of 2008 and its implementing regulations found at 7 CFR Part 271. SNAP (formerly known as food stamps) is a federal program administered by the U.S. Department of Agriculture’s Food and Nutrition Service providing nutrition benefits to supplement the food budget of low-income families. At the state level it is administered through the Utah Department of Workforce Services. Verification must be provided in the form of a copy (including an electronic copy or screenshot) of the family’s eligibility determination or eligibility status from the Utah Department of Workforce Services covering the period for which a fee waiver is sought. 

Foster Care. A student is eligible if the student is in foster care through the Division of Child and Family Services (DCFS). Verification must be provided in the form of a copy of the youth in care intake form, school enrollment letter, or both provided by a DCFS case worker or the Utah Juvenile Justice Department.  

State Custody. A student is eligible if the student is in state custody. Verification must be provided in the form of a copy of the youth in care intake form, school enrollment letter, or both provided by a DCFS case worker or the Utah Juvenile Justice Department. 

Homeless. A student is eligible if the student has been identified as homeless as defined by the McKinney-Vento Homeless Assistance Act, 42 USC 119, in accordance with the procedures found in Nebo School District Policy JECC, Students in Homeless Situations. 

Principal Discretion. If a family is having a financial emergency caused by job loss, major illness, or other substantial loss of income beyond the family’s control, the school principal may provide a fee waiver even if other eligibility criteria are not met. Verification may be collected as appropriate for the situation. 

Parents/Guardians may, at their discretion, apply for partial fee waivers. Those requests will be processed in the same manner as requests for waiver of all fees. Unless parents/guardians have specifically requested a partial fee waiver, all fees must be waived for eligible students.

All fee waiver requests must be handled confidentially and without placing undue burden on the student or family.

Fee Waiver Administrator

The principal at each school shall designate at least one administrator (principal, assistant principal, or dean of students) to act as a “Fee Waiver Administrator.” The designated individual shall:

be trained in and have a knowledge and understanding of school fees, the fee waiver process, and student data privacy laws; and

work in an appropriate setting to facilitate confidential conversations and documents.

The Fee Waiver Administrator shall be responsible to:

review fee waiver applications and verification documents;

grant or deny fee waiver requests;

compile all logs and maintain fee waiver documents in compliance with the Family Educational Rights and Privacy Act (FERPA); and

report fee waiver information.

The Fee Waiver Administrator’s contact information will be available on the school’s website with other school fee information and in student registration materials.

A student may not assist in the fee waiver approval process.

A parent/guardian may apply for a fee waiver by submitting a Fee Waiver Application to the fee waiver administrator. Application forms are to be made available to all parents and guardians before the beginning of each school year and must also be available on each school’s website. Documentation to verify eligibility must be provided as described in subsection 6.1. 

A student who has submitted a Fee Waiver Application is not required to pay a fee while the school administrator considers the application. 

Approval or denial of applications will be determined by the school administrator based on established Utah state and federal guidelines. The administrator will inform the student and the student’s parent/guardian of the decision. If the application is denied, the school administrator will provide to the parent/guardian a Decision and Appeal Form. The form will explain the reason the application was denied and how to appeal the decision. If a parent/guardian appeals the denial of fee waivers, the fee will not need to be paid until the appeal is decided. The Decision and Appeal Form will also be available to the public on each school’s website. 

All information related to the application, including the fact that a student or parent requested a waiver, will be kept confidential. The fee waiver application process will have no visible indicators that could lead to identification of fee waiver applicants. Following the final approval/denial of the fee waiver application, eligibility documentation will be returned to the parent or destroyed. The school will keep a record of the application itself (the fees being requested for waiver) and the fee statement (the fees that were waived) until four (4) years after the student has left the District and then destroy them. See Utah Division of Archives and Records Service, General Retention Schedule, GRS-1522.

Fee waiver documentation may be required at any time by the school, or a parent may ask for review for good cause. Schools may transfer fee waiver information to other schools to which students advance or transfer.

Fee waiver eligible students must be able to enroll and participate fully in any class or activity sponsored by the school regardless of whether it is during the regular class day or after school or during the summer without paying a fee. “Non-waivable” or “optional” fees do not exist.

Driver’s education programs which are school sponsored are fee waiver eligible. Fees paid to the Department of Motor Vehicles are NOT eligible for waiver, but any fees required as part of the course must be waived for eligible students. Fees for driver’s education programs that are provided by a community education program are not subject to fee waivers.

The cost of rental of the graduation cap and gown is a waivable fee.

7. ALTERNATIVES IN LIEU OF FEES 

Nebo School District schools may provide alternatives to fee waivers for secondary students who are not eligible for fee waivers but who still need assistance with their fees. Alternatives to fee waivers may not be required of students. 

Alternatives to waiving school fees may include such things as a reasonable requirement for tutoring of other students, custodial work, or other service at the school. School or community service requirements and fundraising activities must be appropriate to the age, physical condition, and maturity of the student, and must be conducted in such a way that students are not subjected to embarrassment, ridicule, or humiliation. In addition, school or community service requirements and fundraising activities must avoid excessive burdens on students and families and give proper consideration to a student’s education and transportation needs and other responsibilities. 

Schools may not require installment payments, IOUs, or other delayed payment plans in lieu of fee waivers. Schools may allow parents/guardians, at their request, to pay fees in installments over a period of time, but may not require it.

8. APPROVAL, NOTICE, AND TRAINING 

The Board shall annually review and approve this policy and the fee schedules for the upcoming school year. 

The review and approval must take place at a regularly scheduled Board meeting. 

In addition to the notice requirements found in Nebo School District Policy BD, Board of Education Meetings, notice of the meetings in which this policy will be discussed or approved shall include notice to parents and students using the same form of communication regularly used by the District to communicate with parents. 

Before the Board approves the policy and fee schedules, members of the public must be given opportunities to comment on the proposed fee schedules during at least two Board meetings. Members of the public are encouraged to participate in the development of the policy and fee schedules as instructed on the agenda for each Board meeting. 

The approved policy and fee schedules will be made available to each student and parent. They will be available on each school’s website and included with registration materials. 

The approved policy and fee schedules will be made available in Spanish. If a student or parent’s first language is a language other than English or Spanish, a school administrator shall contact the parent and shall provide translation or interpreting services consistent with Nebo School District Policy ABA, Parent Involvement, to help the parent understand the policy and fee schedules. 

The District shall provide annual training for employees on this policy and the fee schedules, specific to each employee’s job function. 

9. VOLUNTARY DONATIONS 

In accordance with Nebo School District Policy KABA, Donations, school personnel may ask parents or other adults for general donations of school supplies, equipment, or money. However, no employee may require donations. Likewise, no employee may disclose the names of students whose parents have or have not made donations, except that an administrator may choose to recognize a donation through the means permitted by Nebo School District Policy KACA, School Advertising Restrictions. No child may be penalized for not making a donation.

Except as permitted by Nebo School District Policy KAC, School Fundraising Activities, employees may not request donations from students and may not request a donation in connection with an activity, class, or program that is provided, sponsored, or supported by the District or its schools.

10. COLLECTION OF UNPAID FEES

As more fully described in Nebo School District Policy JNA, Collection of Delinquent Student Fees, schools may pursue reasonable methods to collect fees, including collection agencies, small claims, and opportunities to work for waivers. Schools may not withhold or reduce grades, credits, report cards, transcripts, or diplomas to enforce fee payment. 

A student may be denied the opportunity to participate in graduation ceremonies due to outstanding fees or non-waivable charges. 

A school may withhold the records of a student who willfully defaces school property consistent with Utah Code Ann. § 53G-8-212.