1. (1)(a) "Disbursement" means the payment of money or provision of other item of value greater than $10, per school year, offered as payment or compensation to a student or to a parent or guardian for:

   1. (i) a student's enrollment in an LEA; or

      1. (ii) a student's participation in an LEA's program.

   2. (b) "Disbursement" does not include a reimbursement paid by an LEA to a student, parent or guardian, for an expenditure incurred by the student, parent or guardian on behalf of the LEA if:

      1. (i) the expenditure is for an item that will be the property of the LEA; and
      2. (ii) the expenditure was preauthorized by the LEA, as evidenced by preauthorization documentation.
2. (2) "Educational good or service" means the same as that term is defined in Section 53E-3-401.

3. (3) "Incentive" means one of the following given to a student or to the student's parent or guardian by an LEA or by a third-party provider as a condition of the student's enrollment in an LEA or specific program for any length of time, during any school year:

   1. (a) money greater than $10; or
   2. (b) an item of value greater than $10.
4. (4) "Program" means a program within a school that is designed to accomplish a predetermined curricular objective or set of objectives.
5. (5) "Section 504 accommodation plan" required by Section 504 of the Rehabilitation Act of 1973, means a plan designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.
6. (6) "Third-party provider" means a third-party who provides an educational good or service on behalf of an LEA.

KEY: students, enrollment, incentives

Date of Last Change: May 8, 2025

Notice of Continuation: March 14, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)