(1)An LEA may only charge a fee that:
(1)(a) this part authorizes;
(1)(b) the LEA governing board notices and authorizes in accordance with Section 53G-7-505;
(1)(c) is for a service or good that has a direct benefit to the student paying the fee so as to not be general in nature;
(1)(d) is directly related to the expense the LEA incurs for providing a student the relevant activity, course, or program rather than being general in nature;
(1)(e) is equal to or less than the expense described in Subsection (1)(d); and
(1)(f) does not supplant or subsidize a fee the LEA is prohibited from charging, including the normal expense of delivering instruction in a course.
(2)Beginning with the 2025-2026 school year, an LEA:
(2)(a) except as provided in Subsection (2)(b), may not charge a secondary
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(1) An LEA may only charge a fee that:
(1)(a) this part authorizes;
(1)(b) the LEA governing board notices and authorizes in accordance with Section 53G-7-505;
(1)(c) is for a service or good that has a direct benefit to the student paying the fee so as to not be general in nature;
(1)(d) is directly related to the expense the LEA incurs for providing a student the relevant activity, course, or program rather than being general in nature;
(1)(e) is equal to or less than the expense described in Subsection (1)(d); and
(1)(f) does not supplant or subsidize a fee the LEA is prohibited from charging, including the normal expense of delivering instruction in a course.
(2) Beginning with the 2025-2026 school year, an LEA:
(2)(a) except as provided in Subsection (2)(b), may not charge a secondary student a fee for:
(2)(a)(i) an expense related to a non-fee course;
(2)(a)(ii) a textbook;
(2)(a)(iii) school equipment; or
(2)(a)(iv) a common education expense;
(2)(b) subject to Subsections (1) and (2)(a), may charge a secondary student a fee for:
(2)(b)(i) relating to a non-fee course or a fee course, for:
(2)(b)(i)(A) instructional equipment;
(2)(b)(i)(B) a school field trip or activity trip or performance, including related transportation, food, lodging, and admission charges or participation fees;
(2)(b)(i)(C) school activity clothing;
(2)(b)(i)(D) a discretionary project as described in Subsection (3); or
(2)(b)(i)(E) a competency remediation program in accordance with Section 53G-9-803;
(2)(b)(ii) an expense related to a course, activity, or program that is a fee course, including:
(2)(b)(ii)(A) instructional supplies;
(2)(b)(ii)(B) the life-cycle replacement costs for school equipment directly related to the fee course;
(2)(b)(ii)(C) a musical instrument rental;
(2)(b)(ii)(D) licensing fees for fine arts intellectual property; or
(2)(b)(ii)(E) participating in a driver education course described in Section 53G-10-503;
(2)(b)(iii) an expense related to the following post-secondary-related courses, including tuition, college credit, an exam, or a textbook, as described in Section 53G-7-506:
(2)(b)(iii)(A) an Advanced Placement course;
(2)(b)(iii)(B) an International Baccalaureate course; or
(2)(b)(iii)(C) a concurrent enrollment course, as described in Section 53E-10-302;
(2)(b)(iv) an extracurricular activity, including the life-cycle replacement costs for school equipment directly related to the extracurricular activity;
(2)(b)(v) open enrollment application processing in accordance with Section 53G-6-402; or
(2)(b)(vi) charter school application processing in accordance with Section 53G-6-503; and
(2)(c) may charge a secondary student or an individual a fee for an adult education course in accordance with Section 53E-10-202.
(3) For a course requiring the completion of a project for a grade or credit:
(3)(a) a secondary student may request to complete a discretionary project in lieu of a required course activity or project if the discretionary project demonstrates the intended core competencies of the required course activity or project;
(3)(b) nothing prohibits a student from completing a discretionary project in addition to a required classroom project;
(3)(c) an LEA may require a student at any grade level to provide materials or pay an additional fee for a discretionary project or a project in which the student engages in addition to a required classroom project; and
(3)(d) nothing in this section entitles a student to an approval of the student's request described in Subsection (3)(a).
(4) (4)(a) An LEA may not require a fee for:
(4)(a)(i) elementary school activities that are part of the regular school day; or
(4)(a)(ii) for supplies a student uses during the regular elementary school day.
(4)(b) An elementary school or elementary school teacher:
(4)(b)(i) 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, the listed supplies for student use; and
(4)(b)(ii) shall ensure that the list described in Subsection (4)(b)(i) includes the following language before identifying the supplies:"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."
(5) (5)(a) 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, including:
(5)(a)(i) requiring an LEA to repay the fee the LEA improperly charged;
(5)(a)(ii) withholding state funds; or
(5)(a)(iii) suspending the LEA's authority to charge fees for an amount of time the state board specifies.
(5)(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:
(5)(b)(i) that require notice and an opportunity to be heard for an LEA affected by a state board action described in this Subsection (5); and
(5)(b)(ii) to administer this Subsection (5).