53G-7-501. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/26/2025

As used in this part:

(a)"Common education expense" means an expense an LEA incurs that is related to the delivery of instruction for all courses, unrelated to a specific course, program, or activity.

(b)"Common education expense" includes the employment of educators and staff, the provision of capital facilities, and operation and maintenance costs.

(a)"Course" means an activity, a course, or a program that an LEA:

(i)intends to deliver instruction;

(ii)provides, sponsors, or supports; and

(iii)conducts primarily during school hours.

(b)"Course" includes a course in which a student is required to enroll as a condition of participation in a separate extracurricular activity.

(3)"Discretionary project" means a project that a student completes in lieu of or in addition to a required classroom project in accordance with Section 53G-7-503 .

(4)"Elementary school" means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.

(a)"Elementary school student" means a student enrolled in an elementary school.

(b)"Elementary school student" does not include a secondary school student.

(a)"Extracurricular activity" means an activity or a program that:

(i)is not a course; and

(ii)an LEA provides, sponsors, or supports.

(b)"Extracurricular activity" does not include a noncurricular club as defined in Section 53G-7-701 .

(a)"Fee" means a charge, expense, deposit, rental, or payment:

(i)regardless of how an LEA terms, describes, requests, or requires the charge, expense, deposit, rental, or payment, directly or indirectly;

(ii)in the form of money, goods, or services; and

(iii)that is a condition to a student's full participation in or admission to an activity, course, or program that an LEA provides, sponsors, or supports.

(b)"Fee" includes:

(i)payments to a third party that provides a part of a school activity, class, or program; and

(ii)a fine other than a fine described in Subsection (7)(c)(i).

(c)"Fee" does not include:

(i)a student fine that an LEA approves for:

(A)failing to return school property;

(B)losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, including defacing or damaging school property as described in Section 53G-8-212 ; or

(C)improper use of school property, including a parking violation;

(ii)a payment for school breakfast or lunch;

(iii)a deposit that:

(A)is a pledge securing the return of school property; and

(B)the LEA or school refunds upon the return of the school property;

(iv)a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program; or

(v)money or another item of monetary value that a student or the student's family raises through fundraising.

(8)"Fee course" means a course that is not a non-fee course.

(a)"Fundraising" means an activity or event that:

(i)an LEA provides, sponsors, or supports; and

(ii)uses students to generate funds or raise money to:

(A)provide financial support to a school or a school's class, group, team, or program; or

(B)benefit a particular charity or for other charitable purposes.

(b)"Fundraising" does not include an alternative method of raising revenue without students.

(a)"Instructional equipment" means an activity-, course-, or program-related tool that:

(i)a student is required to use as part of an activity, course, or program in a secondary school; and

(ii)becomes the property of the student upon exiting the activity, course, or program.

(b)"Instructional equipment" does not include:

(i)school equipment;

(ii)an instructional supply; or

(iii)a personal student supply for a secondary student.

(a)"Instructional supply" means a non-reusable or a consumable material or supply that is necessary to use, expend, or deplete as a component or element of an activity, course, or program in a secondary school.

(b)"Instructional supply" does not include a personal student supply for a secondary student.

(12)"Non-fee course" means a course that results in course credit or a course grade within the core standards the state board establishes under Section 53E-4-202 and other statutory requirements for:

(a)English language arts;

(b)health education;

(c)mathematics;

(d)science; and

(e)social studies.

(a)"Personal student supply" means, for a secondary student, an object, tool, material, or supply that:

(i)is the personal property of the student;

(ii)regardless of the use of the supply in the instructional process, individuals not enrolled in the course or activity also commonly purchase and use; and

(iii)has a high probability of regular use in activities other than school-sponsored activities.

(b)"Personal student supply" includes pencils, papers, notebooks, crayons, scissors, and basic clothing.

(a)"School activity clothing" means special shoes or items of clothing that:

(i)meet specific requirements, including requesting a specific brand, fabric, or imprint;

(ii)a school requires a student to provide and to wear for an activity-, course-, or program-related activity; and

(A)the student rents while participating in the activity; or

(B)become the property of the student upon exiting the activity, course, or program.

(b)"School activity clothing" does not include:

(i)a school uniform; or

(ii)clothing that is commonly found in students' homes.

(15)"School equipment" means a machine, equipment, facility, or tool that:

(a)is durable;

(b)is reusable;

(c)a secondary school owns; and

(d)a student uses as part of an activity, course, or program in a secondary school.

(a)"School uniform" means special shoes or an item of clothing that:

(A)meets specific requirements, including a requested specific color, style, fabric, or imprint; and

(B)a school requires a student to provide and wear during school attendance; and

(ii)is the property of the student.

(b)"School uniform" does not include school activity clothing.

(17)"Secondary school" means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.

(18)"Secondary school student":

(a)means a student enrolled in a secondary school; and

(b)includes a student in grade 6 if the student attends a secondary school.

(a)"Textbook" means instructional material necessary for participation in an activity, course, or program, regardless of the format of the material.

(b)"Textbook" includes:

(i)a hardcopy book or printed pages of instructional material, including a consumable workbook; or

(ii)computer hardware, software, or digital content.

(c)"Textbook" does not include school equipment, instructional equipment, or instructional supplies.

(20)"Waiver" means a full release from:

(a)a requirement to pay a fee; and

(b)any provision in lieu of fee payment.

Amended by Chapter 382 , 2025 General Session