USBE school‑fee guidance clarifies HB 415 changes, waivers and monitoring

Barbie Faust, a school‑fee monitor with the Utah charter team, told directors the state has revised how public schools must treat fees and what local education agencies (LEAs) must publish and monitor. She said the changes sharpen the definition of a fee, add International Baccalaureate (IB) materials to the fee code, and remove fundraising from the fee‑maximum calculation.

Faust said an LEA cannot charge fees for grades K–6 during the regular school day except in narrowly defined circumstances and reminded directors that, “a fee is something of monetary value, a charge, expense, deposit, rental, fine, or payment regardless of how the payment is termed or described” that is required for participation. She emphasized that if an item is implied to be required, it qualifies as a school fee even if labeled “voluntary.”

Why it matters: the changes affect what schools can require families to pay, how fee schedules are structured, and what documentation LEAs must keep to avoid refunds or corrective action. Faust highlighted several practical requirements: fee schedules and fee policies should be board‑approved annually (the rule suggests April 1 as the target), each fee should include a spend plan that lists types of expenditures, and all fees must include notice that they are subject to waiver and that families can appeal denials.

Key details: Faust said House Bill 415 added IB textbooks to the list of items that can be treated as school fees (and thus subject to waiver) while noting exam fees remain non‑waivable. She told directors that fundraising no longer counts against fee maximums and that the board has drafted an administrative rule addressing fundraising that will go before the full board in June; if adopted, many LEAs will need to update fee schedules before the next school year. Faust also described common compliance problems—missing spend plans, incomplete policies, failure to post required documents on each school’s website, and booster‑club activity that can be perceived as school requests.

Monitoring and enforcement: USBE staff described a monitoring cadence tied to enrollment (LEAs over 10,000 reviewed roughly every five years; smaller LEAs every ten years) and sample checks of 5% of schools during reviews. Reviewers examine UPUS uploads, contra‑revenue accounting, public postings, student statements, and waiver lists. Faust described the corrective‑action timeline: a notice of noncompliance includes deadlines to request an informal hearing (15 days) and to formally acknowledge corrective actions (45 days); unaddressed findings can lead to a finance‑committee appearance and potential financial consequences with an appeal right.

What directors were told to do next: Faust urged LEAs to review fee schedules for required listings, add spend plans and waiver language, ensure required parent notices and translations are published, and to be prepared to refile fee schedules if the administrative rule on fundraising is adopted.

If implemented: the rule changes take effect over coming months and into the 2025–26 school year; USBE staff said they are working with legislators and expect further clarifications during the next session.