Section 0520-01-02-.16 - SCHOOL FEES AND DEBTS(1) School Fees. (a) No fees or tuition shall be required of any student as a condition of attending a public school or using its equipment while receiving educational training.(b) Local boards of education may adopt a policy requesting, but not requiring certain school fees of any student, regardless of financial status (including eligibility for free or reduced price lunch). All school fees must be authorized by the local board of education. The school fees that may be requested, but not required include: 1. Fees for activities that occur during regular school hours (the required 180 instructional days), including field trips, any portion of which fall within the school day; or for activities outside regular school hours if required for credit or grade;2. Fees for activities and supplies required to participate in all courses offered for credit or grade, including interscholastic athletics and marching band if taken for credit in accordance with local board policies;3. Fees or tuition applicable to courses taken during the summer by a student, except that nonresident students regularly enrolled in another school system may be required to pay fees or tuition for such summer courses;4. Fees required for graduation ceremonies; and5. Refundable security deposits requested by a school for use of school property for courses offered for credit or grade, including interscholastic athletics and marching band if taken for credit or grade in accordance with local board policies.(c) Local Education Agencies (LEAs) shall establish a process by which to waive any requested, but not required, school fees.1. At the beginning of the school year, at the time of enrollment, and/or at the time of requesting school fees, all students and their parents or legal guardians shall be given clear and prominent written notice of authorized fees that may be requested, but not required, and notice of the fee waiver process.2. The parent or legal guardian of a student shall be given the opportunity to pay all or any portion of the requested school fee if they desire.3. If a waiver is not approved by the LEA, the LEA cannot require payment of the requested fee. If the parent chooses not to pay a requested fee, the child shall not be prevented from participating in the activity or course for which the fee is being requested.(2) School Debts and Other Permissible Charges.(a) LEAs are authorized to require payment of the following by all affected students: 1. Fines imposed on all students for late-returned library books; parking or other traffic fines imposed for abuse of parking privileges on school property; or reasonable charges for lost or destroyed textbooks, library books, workbooks, or any other property of the school;2. Debts incurred pursuant to paragraph (2)(b);3. Refundable security deposits collected by a school for use of school property for participation in extracurricular, non-credit-bearing activities;4. Costs for extracurricular activities occurring outside the regular school day including sports, optional trips, clubs, or social events; and5. Non-resident tuition charged of all students attending a school system other than the one (1) serving their place of residence.(b) Withholding of Student Grades for Debts Owed to the School.1. LEAs are authorized to withhold all grade cards, diplomas, certificates of progress, or transcripts of a student who has taken property that belongs to a LEA, or has incurred a debt to a school, until such student makes restitution in full. Unpaid school fees, as defined above, shall not be considered debts owed to the school.2. No student shall be sanctioned under the provisions of this rule when the student is deemed by the LEA to be without fault for the debt owed to the LEA or the school.3. Nothing in this Rule authorizes any LEA to limit the rights of parents or legal guardians to have access to their children's educational records pursuant to the Family Educational Rights and Privacy Act.4. LEAs shall afford the student and/or the student's parent or legal guardian the opportunity to appear and be heard if such student and/or the parent or legal guardian disputes the debt, the amount of the debt, or the application of sanctions.Tenn. Comp. R. & Regs. 0520-01-02-.16
Original rule filed April 28, 2000; effective August 28, 2000. Amendments filed August 20, 2020; effective 11/18/2020.Authority: T.C.A. §§ 49-1-302, 49-2-110, 49-2-114, and 49-6-3401.