As used in this part:

1. (1)

   1. (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.
   2. (b) "Common education expense" includes the employment of educators and staff, the provision of capital facilities, and operation and maintenance costs.

2. (2)

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

      1. (i) intends to deliver instruction;
      2. (ii) provides, sponsors, or supports; and
      3. (iii) conducts primarily during school hours.
   2. (b) "Course" includes a course in which a student is required to enroll as a condition of participation in a separate extracurricular activity.
3. (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. (4) "Elementary school" means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.

5. (5)

   1. (a) "Elementary school student" means a student enrolled in an elementary school.
   2. (b) "Elementary school student" does not include a secondary school student.

6. (6)

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

      1. (i) is not a course; and
      2. (ii) an LEA provides, sponsors, or supports.
   2. (b) "Extracurricular activity" does not include a noncurricular club as defined in Section 53G-7-701.

7. (7)

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

      1. (i) regardless of how an LEA terms, describes, requests, or requires the charge, expense, deposit, rental, or payment, directly or indirectly;
      2. (ii) in the form of money, goods, or services; and
      3. (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.

   2. (b) "Fee" includes:

      1. (i) payments to a third party that provides a part of a school activity, class, or program; and
      2. (ii) a fine other than a fine described in Subsection (7)(c)(i).

   3. (c) "Fee" does not include:

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

         1. (A) failing to return school property;
         2. (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
         3. (C) improper use of school property, including a parking violation;
      2. (ii) a payment for school breakfast or lunch;

      3. (iii) a deposit that:

         1. (A) is a pledge securing the return of school property; and
         2. (B) the LEA or school refunds upon the return of the school property;
      4. (iv) a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program; or
      5. (v) money or another item of monetary value that a student or the student's family raises through fundraising.
8. (8) "Fee course" means a course that is not a non-fee course.

9. (9)

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

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

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

         1. (A) provide financial support to a school or a school's class, group, team, or program; or
         2. (B) benefit a particular charity or for other charitable purposes.
   2. (b) "Fundraising" does not include an alternative method of raising revenue without students.

10. (10)

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

       1. (i) a student is required to use as part of an activity, course, or program in a secondary school; and
       2. (ii) becomes the property of the student upon exiting the activity, course, or program.

    2. (b) "Instructional equipment" does not include:

       1. (i) school equipment;
       2. (ii) an instructional supply; or
       3. (iii) a personal student supply for a secondary student.

11. (11)

    1. (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.
    2. (b) "Instructional supply" does not include a personal student supply for a secondary student.

12. (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:

    1. (a) English language arts;
    2. (b) health education;
    3. (c) mathematics;
    4. (d) science; and
    5. (e) social studies.

13. (13)

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

       1. (i) is the personal property of the student;
       2. (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
       3. (iii) has a high probability of regular use in activities other than school-sponsored activities.
    2. (b) "Personal student supply" includes pencils, papers, notebooks, crayons, scissors, and basic clothing.

14. (14)

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

       1. (i) meet specific requirements, including requesting a specific brand, fabric, or imprint;
       2. (ii) a school requires a student to provide and to wear for an activity-, course-, or program-related activity; and

       3. (iii)

          1. (A) the student rents while participating in the activity; or
          2. (B) become the property of the student upon exiting the activity, course, or program.

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

       1. (i) a school uniform; or
       2. (ii) clothing that is commonly found in students' homes.

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

    1. (a) is durable;
    2. (b) is reusable;
    3. (c) a secondary school owns; and
    4. (d) a student uses as part of an activity, course, or program in a secondary school.

16. (16)

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

       1. (i)

          1. (A) meets specific requirements, including a requested specific color, style, fabric, or imprint; and
          2. (B) a school requires a student to provide and wear during school attendance; and
       2. (ii) is the property of the student.
    2. (b) "School uniform" does not include school activity clothing.
17. (17) "Secondary school" means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.

18. (18) "Secondary school student":

    1. (a) means a student enrolled in a secondary school; and
    2. (b) includes a student in grade 6 if the student attends a secondary school.

19. (19)

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

    2. (b) "Textbook" includes:

       1. (i) a hardcopy book or printed pages of instructional material, including a consumable workbook; or
       2. (ii) computer hardware, software, or digital content.
    3. (c) "Textbook" does not include school equipment, instructional equipment, or instructional supplies.

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

    1. (a) a requirement to pay a fee; and
    2. (b) any provision in lieu of fee payment.

Amended by Chapter 382, 2025 General Session