A student fine is not a fee if it is specifically approved by the District and is imposed for one of the following: 1. Failing to return school property; 2. Losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior; or 3. Improper use of school property (including a parking violation). Utah Code § 53G-8-212 (2019) Utah Admin. Rules R277-407-2(15)(b)(iv) (April 8, 2019) When fines have been assessed to a student for damaging or losing school property, the school shall not exclude the student from school for nonpayment but may withhold a transcript or diploma to obtain payment of such charges pursuant to the Board policy regarding defacing or damaging school property. However, a school may not withhold student records which are required for student enrollment or placement in a subsequent school. In addition, if the Department of Human Services or a licensed child-placing agency has been granted custody of the student, that student’s records, if requested by the department or agency, may not be withheld from the department or agency for nonpayment of damages. Utah Code § 53G-8-212 (2019) Utah Admin. Rules R277-406-12 (April 8, 2019) Student Records A school may impose a reasonable charge to cover the cost of duplicating, mailing, or transmitting transcripts and other school records. However, no charge may be imposed for duplicating, mailing, or transmitting copies of school records to an elementary or secondary school in which a former student is enrolled or intends to enroll. Utah Admin. Rules R277-407-6(9)(b), (c) (April 8, 2019) Non-Waivable Charges A cost, payment, or expenditure that falls into one of the following categories is not a fee. 1. A personal discretionary charge or purchase, including: a. A charge for insurance, unless the insurance is required for a student to participate in a school activity, class, or program; b. A charge for college credit relating to successful completion of a concurrent enrollment class or an advanced placement examination; or c. A charge for a personal consumable item such as a yearbook, class ring, letterman jacket or sweater, or other similar item (unless requested or required by the school or District). 2. A charge which is subject to sales tax. 3. Payment for a school uniform unless the uniform policy requires clothing that is expensive or prescriptive. (See Policy FK.) 4. A charge for school lunch or breakfast. 5. A deposit that is a pledge securing the return of school property which is refunded upon return of the property.
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