1. (1) An LEA or a third-party provider may not use public funds, as defined under Subsection 51-7-3(26), to provide the following to a student, parent or guardian, individual, or group of individuals:

   1. (a) an incentive for a student's:

      1. (i) enrollment in an LEA; or
      2. (ii) participation in an LEA's program; or

   2. (b) a referral bonus for a student's:

      1. (i) enrollment in an LEA; or
      2. (ii) participation in an LEA's program.

2. (2) An LEA or third-party provider may not use public funds to provide a disbursement to a student or the student's parent or guardian for:

   1. (a) curriculum exclusively selected by a parent;
   2. (b) instruction not provided by the LEA;

   3. (c) private lessons or classes not provided by:

      1. (i) an employee of the LEA; or
      2. (ii) a third-party provider who meets all of the requirements of Rule R277-115;
   4. (d) technology devices exclusively selected by a parent; or
   5. (e) other educational expense exclusively selected by a parent.

3. (3) An LEA may use public funds to provide:

   1. (a) uniforms, technology devices, curriculum, or materials and supplies to a student if the uniforms, technology devices, curriculum, or materials and supplies are:

      1. (i) available to all students enrolled in the LEA or program within the LEA; or
      2. (ii) authorized by the student's college and career readiness plan, IEP, or Section 504 accommodation plan; or

   2. (b) internet access for instructional purposes to a student:

      1. (i) in kindergarten through grade 6; or

      2. (ii) in grade 7 through grade 12 if:

         1. (A) the internet access is provided in accordance with the fee waiver policy requirements of Section R277-407-8; or
         2. (B) failure to provide the internet access will cause economic hardship on the student or parent.

4. (4) An LEA or third-party provider shall ensure that equipment purchased or leased by the LEA or third party provider remains the property of the LEA and is subject to the LEA's asset policies if:

   1. (a) the LEA or third-party provider purchases equipment; and
   2. (b) provides the equipment to a student or to the student's parent or guardian.

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)