Section R277-407-2 - Definitions(1) "Co-curricular activity" means the same as that term is defined in Section 53G-7-501.(2) "Curricular activity" means the same as that term is defined in Section 53G-7-501.(3) "Extracurricular activity" means the same as that term is defined in Section 53G-7-501.(4) "Fee" means the same as that term is defined in Section 53G-7-501.(5) "Fundraiser," "fundraising," or "fundraising activity" means the same as that term is defined in Rule R277-408.(6) "Individual fundraiser" or "individual fundraising" means the same as that term is defined in Rule R277-408.(7) "Instructional equipment or supplies" means the same as that term is defined in Section 53G-7-501.(8) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.(9) "Noncurricular club" has the same meaning as that term is defined in Section 53G-7-701.(10) "Non-waivable charge" means a cost, payment, or expenditure that:(a) is a personal discretionary charge or purchase, including: (i) a charge for insurance, unless the insurance is required for a student to participate in an activity, class, or program;(ii) a charge for college credit related to the successful completion of: (A) a concurrent enrollment class; or(B) an advanced placement examination; or(iii) except when requested or required by an LEA, a charge for a personal consumable item such as a yearbook, class ring, letterman jacket or sweater, or other similar item;(b) is subject to sales tax as described in Utah State Tax Commission Publication 35, Sales Tax Information for Public and Private Elementary and Secondary Schools; or(c) by Utah Code, federal law, or Board rule is designated not to be a fee, including: (i) a school uniform as provided in Section 53G-7-801;(iii) a charge for a replacement for damaged or lost school equipment or supplies.(11)(a) "Provided, sponsored, or supported by a school" means an activity, class, program, club, camp, clinic, or other event that: (i) is authorized by an LEA or school, according to local education board policy; or(ii) satisfies at least one of the following conditions:(A) the activity, class, program, club, camp, clinic, or other event is managed or supervised by an LEA or school, or an LEA or school employee in the employee's school employment capacity;(B) the activity, class, program, club, camp, clinic, or other event uses, more than inconsequentially, the LEA or school's facilities, equipment, or other school resources; or(C) the activity, class, program, club, camp, clinic, or other event is supported or subsidized, more than inconsequentially, by public funds, including the school's activity funds or minimum school program dollars.(b) "Provided, sponsored, or supported by a school" does not include an activity, class, or program that meets the criteria of a noncurricular club as described in Title 53G, Chapter 7, Part 7, Student Clubs.(12)(a) "Provision in lieu of fee" means an alternative to fee payment.(b) "Provision in lieu of fee" may include a plan under which fees are paid in installments or under some other delayed payment arrangement or a service in lieu of fee payment agreement.(13) "Regular school day" has the same meaning as the term "school day" described in Section R277-419-2.(14) "Requested or required by an LEA as a condition to a student's participation" means something of monetary value that is impliedly or explicitly mandated or necessary for a student, parent, or family to provide so that a student may:(a) fully participate in school or in a school activity, class, or program;(b) successfully complete a school class for the highest grade; or(c) avoid a direct or indirect limitation on full participation in a school activity, class, or program, including limitations created by: (i) peer pressure, shaming, stigmatizing, bullying, or the like; or(ii) withholding or curtailing any privilege that is otherwise provided to any other student.(15) "School activity clothing" means the same as that term is defined in Section 53G-7-501.(16)(a) "School equipment" means the same as that term is defined in Section 53G-7-501.(b) "School equipment" includes a saw or 3D printer.(17)(a) "Something of monetary value" means a charge, expense, deposit, rental, fine, or payment, regardless of how the payment is termed, described, requested or required directly or indirectly, in the form of money, goods or services.(b) "Something of monetary value" includes: (i) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;(ii) payments made to a third party that provide a part of a school activity, class, or program;(iii) classroom supplies or materials; and(iv) a fine, except for a student fine specifically approved by an LEA for: (A) failing to return school property;(B) losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior; or(C) improper use of school property, including a parking violation.(c) "Something of monetary value" does not include a payment or charge for damages, which may reasonably be attributed to normal wear and tear.(18)(a) "Student supplies" means items which are the personal property of a student which, although used in the instructional process, are also commonly purchased and used by persons not enrolled in the class or activity in question and have a high probability of regular use in other than school-sponsored activities.(b) "Student supplies" include: (vi) basic clothing for healthy lifestyle classes; and(vii) similar personal or consumable items over which a student retains ownership.(c) "Student supplies" does not include items listed in Subsection (18)(b) if the requirement from the school for the student supply includes specific requirements such as brand, color, or a special imprint to create a uniform appearance not related to basic function.(19) "Supplemental Nutrition Assistance Program" or "SNAP" means a program, formerly known as food stamps, which provides nutrition benefits to supplement the food budget of low income families through the Utah Department of Workforce Services.(20) "Supplemental Security Income for children with disabilities" or "SSI" means a benefit administered through the Social Security Administration that provides payments for qualified children with disabilities in low income families.(21) "Temporary Assistance for Needy Families" or "TANF," means a program, formerly known as AFDC, which provides monthly cash assistance and food stamps to low income families with children under age 18 through the Utah Department of Workforce Services.(22) "Textbook" means the same as that term is defined in Section 53G-7-501.(23) "Waiver" means the same as that term is defined in Section 53G-7-501.Utah Admin. Code R277-407-2
Amended by Utah State Bulletin Number 2017-20, effective 9/21/2017Amended 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