Section R277-407-14 - LEA Required Policies - Superintendent and LEA Policy and Training Requirements(1) An LEA that charges fees shall adopt policies that include at least the following: (a) a process for obtaining waivers or pursuing alternatives that is administered fairly, objectively, and without delay, and avoids stigma and unreasonable burdens on students and families;(b) a process with no visible indicators that could lead to identification of fee waiver applicants;(c) a process that complies with the privacy requirements of The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA);(d) a student may not collect fees or assist in the fee waiver approval process;(e) a standard written decision and appeal form is provided to every applicant; and(f) during an appeal the requirement that the fee be paid is suspended.(2) An LEA may allow a student to perform service in lieu of a fee as described in Section R277-407-9 if: (a) the LEA establishes a service policy that ensures that a service assignment is appropriate to the: (ii) physical condition of the student; and (iii) maturity of the student;(b) the LEA's service policy is consistent with state and federal laws, including: (i) Section 53G-7-504; and(ii) the Federal Fair Labor Standards Act, 29 U.S.C. 201;(c) the service can be performed within a reasonable period; and(d) the service is at least equal to the minimum wage for each hour of service.(3) The Superintendent shall provide ongoing training, informational materials, and model policies, as available, for use by LEAs.(4) The Superintendent shall provide online training and resources for LEAs regarding: (a) an LEA's fee approval process;(b) LEA notification requirements;(c) LEA requirements to establish maximum fees; and(d) fee waiver eligibility requirements, including requirements to maintain student and family confidentiality.(5) An LEA governing board shall annually review the LEA's policies on school feesand fee waivers.(6) An LEA shall develop a plan for, at a minimum, annual training of LEA and school employees on fee related policies enacted by the LEA specific to each employee's job function.Utah Admin. Code R277-407-14
Adopted by Utah State Bulletin Number 2019-9, effective 4/8/2019Amended by Utah State Bulletin Number 2019-21, effective 10/8/2019Amended by Utah State Bulletin Number 2020-01, effective 12/10/2019Amended by Utah State Bulletin Number 2020-23, effective 11/10/2020Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024