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Utah Code Title 53G. Public Education System--Local Administration § 53G-7-504. Waiver of fees--Appeal of decision

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(b) An LEA governing board shall:

(i) adopt policies for granting a waiver; and

(ii) in accordance with Section 53G-7-505, give notice of waiver eligibility and policies.

(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:

(i) tutorial assistance to other students;

(ii) assistance before or after school to teachers and other school personnel on school related matters; and

(iii) general community or home service.

(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,  1 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:

(a) requiring a parent of a student applying for a fee waiver to provide documentation and certification to the school verifying:

(i) the student's eligibility to receive the waiver; and

(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

(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:

(a) the school's written decision to deny a waiver; and

(b) the procedure to appeal in accordance with LEA policy.

1 42 U.S.C.A. § 670 et seq.
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Cite this article: FindLaw.com - Utah Code Title 53G. Public Education System--Local Administration § 53G-7-504. Waiver of fees--Appeal of decision - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53g-public-education-system-local-administration/ut-code-sect-53g-7-504/

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