HB 121

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1School Fee Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Raymond P. Ward
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends a definition regarding courses for which a school may not charge a fee.
6   Highlighted Provisions:
7This bill:
8▸ amends a definition regarding courses for which a school may not charge a fee; and
9▸ make technical changes.
10   Money Appropriated in this Bill:
11None
12   Other Special Clauses:
13This bill provides a special effective date.
14   Utah Code Sections Affected:
15   AMENDS:
1653G-7-501, as last amended by Laws of Utah 2025, Chapter 382
17
18   Be it enacted by the Legislature of the state of Utah:
19Section 1. Section 53G-7-501 is amended to read:
2053G-7-501 . Definitions.
21      As used in this part:
22   (1)(a) "Common education expense" means an expense an LEA incurs that is related to
23the delivery of instruction for all courses, unrelated to a specific course, program, or
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24activity.
25(b) "Common education expense" includes the employment of educators and staff, the
26provision of capital facilities, and operation and maintenance costs.
27   (2)(a) "Course" means an activity, a course, or a program that an LEA:
28(i) intends to deliver instruction;
29(ii) provides, sponsors, or supports; and
30(iii) conducts primarily during school hours.
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31      (b) "Course" includes a course in which a student is required to enroll as a condition of
32participation in a separate extracurricular activity.
33  (3) "Discretionary project" means a project that a student completes in lieu of or in addition
34      to a required classroom project in accordance with Section 53G-7-503.
35  (4) "Elementary school" means a school that provides instruction to students in grades
36      kindergarten, 1, 2, 3, 4, 5, or 6.
37  (5)(a) "Elementary school student" means a student enrolled in an elementary school.
38      (b) "Elementary school student" does not include a secondary school student.
39  (6)(a) "Extracurricular activity" means an activity or a program that:
40(i) is not a course; and
41(ii) an LEA provides, sponsors, or supports.
42      (b) "Extracurricular activity" does not include a noncurricular club as defined in Section
4353G-7-701.
44  (7)(a) "Fee" means a charge, expense, deposit, rental, or payment:
45(i) regardless of how an LEA terms, describes, requests, or requires the charge,
46expense, deposit, rental, or payment, directly or indirectly;
47(ii) in the form of money, goods, or services; and
48(iii) that is a condition to a student's full participation in or admission to an activity,
49course, or program that an LEA provides, sponsors, or supports.
50      (b) "Fee" includes:
51(i) payments to a third party that provides a part of a school activity, class, or
52program; and
53(ii) a fine other than a fine described in Subsection (7)(c)(i).
54      (c) "Fee" does not include:
55(i) a student fine that an LEA approves for:
56(A) failing to return school property;
57(B) losing, wasting, or damaging private or school property through intentional,
58careless, or irresponsible behavior, including defacing or damaging school
59property as described in Section 53G-8-212; or
60(C) improper use of school property, including a parking violation;
61(ii) a payment for school breakfast or lunch;
62(iii) a deposit that:
63(A) is a pledge securing the return of school property; and
64(B) the LEA or school refunds upon the return of the school property;
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65(iv) a charge for insurance, unless the insurance is required for a student to participate
66in an activity, course, or program; or
67(v) money or another item of monetary value that a student or the student's family
68raises through fundraising.
69   (8) "Fee course" means a course that is not a non-fee course.
70   (9)(a) "Fundraising" means an activity or event that:
71(i) an LEA provides, sponsors, or supports; and
72(ii) uses students to generate funds or raise money to:
73(A) provide financial support to a school or a school's class, group, team, or
74program; or
75(B) benefit a particular charity or for other charitable purposes.
76(b) "Fundraising" does not include an alternative method of raising revenue without
77students.
78   (10)(a) "Instructional equipment" means an activity-, course-, or program-related tool
79that:
80(i) a student is required to use as part of an activity, course, or program in a
81secondary school; and
82(ii) becomes the property of the student upon exiting the activity, course, or program.
83(b) "Instructional equipment" does not include:
84(i) school equipment;
85(ii) an instructional supply; or
86(iii) a personal student supply for a secondary student.
87   (11)(a) "Instructional supply" means a non-reusable or a consumable material or supply
88that is necessary to use, expend, or deplete as a component or element of an activity,
89course, or program in a secondary school.
90(b) "Instructional supply" does not include a personal student supply for a secondary
91student.
92   (12) "Non-fee course" means a course that results in course credit or a course grade within
93the core standards the state board establishes under Section 53E-4-202 and other
94statutory requirements for:
95(a) English language arts;
96(b) health education;
97(c) mathematics; and
98[(d) science; and]
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99      [(e)] (d) social studies.
100  (13)(a) "Personal student supply" means, for a secondary student, an object, tool,
101      material, or supply that:
102(i) is the personal property of the student;
103(ii) regardless of the use of the supply in the instructional process, individuals not
104enrolled in the course or activity also commonly purchase and use; and
105(iii) has a high probability of regular use in activities other than school-sponsored
106activities.
107      (b) "Personal student supply" includes pencils, papers, notebooks, crayons, scissors, and
108basic clothing.
109  (14)(a) "School activity clothing" means special shoes or items of clothing that:
110(i) meet specific requirements, including requesting a specific brand, fabric, or
111imprint;
112(ii) a school requires a student to provide and to wear for an activity-, course-, or
113program-related activity; and
114(iii)(A) the student rents while participating in the activity; or
115(B) become the property of the student upon exiting the activity, course, or
116program.
117      (b) "School activity clothing" does not include:
118(i) a school uniform; or
119(ii) clothing that is commonly found in students' homes.
120  (15) "School equipment" means a machine, equipment, facility, or tool that:
121      (a) is durable;
122      (b) is reusable;
123      (c) a secondary school owns; and
124      (d) a student uses as part of an activity, course, or program in a secondary school.
125  (16)(a) "School uniform" means special shoes or an item of clothing that:
126(i)(A) meets specific requirements, including a requested specific color, style,
127fabric, or imprint; and
128(B) a school requires a student to provide and wear during school attendance; and
129(ii) is the property of the student.
130      (b) "School uniform" does not include school activity clothing.
131  (17) "Secondary school" means a school that provides instruction to students in grades 7, 8,
132      9, 10, 11, or 12.
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133   (18) "Secondary school student":
134(a) means a student enrolled in a secondary school; and
135(b) includes a student in grade 6 if the student attends a secondary school.
136   (19)(a) "Textbook" means instructional material necessary for participation in an
137activity, course, or program, regardless of the format of the material.
138(b) "Textbook" includes:
139(i) a hardcopy book or printed pages of instructional material, including a
140consumable workbook; or
141(ii) computer hardware, software, or digital content.
142(c) "Textbook" does not include school equipment, instructional equipment, or
143instructional supplies.
144   (20) "Waiver" means a full release from:
145(a) a requirement to pay a fee; and
146(b) any provision in lieu of fee payment.
147Section 2. Effective Date.
148   This bill takes effect on July 1, 2026.
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