Definitions.

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  • (1) "Co-curricular activity" means an activity, a course, or a program that:
    • (a) is an extension of a curricular activity;
    • (b) is included in an instructional plan and supervised or conducted by a teacher or education professional;
    • (c) is conducted outside of regular school hours;
    • (d) is provided, sponsored, or supported by an LEA; and
    • (e) includes a required regular school day activity, course, or program.
  • (2) "Curricular activity" means an activity, a course, or a program that is:
    • (a) intended to deliver instruction;
    • (b) provided, sponsored, or supported by an LEA; and
    • (c) conducted only during school hours.
  • (3) "Elementary school" means a school that provides instruction to students in grades kindergarten, 1, 2, 3, 4, 5, or 6.
  • (4)
    • (a) "Elementary school student" means a student enrolled in an elementary school.
    • (b) "Elementary school student" does not include a secondary school student.
  • (5)
    • (a) "Extracurricular activity" means an activity, a course, or a program that is:
      • (i) not directly related to delivering instruction;
      • (ii) not a curricular activity or co-curricular activity; and
      • (iii) provided, sponsored, or supported by an LEA.
    • (b) "Extracurricular activity" does not include a noncurricular club as defined in Section 53G-7-701.
  • (6)
    • (a) "Fee" means a charge, expense, deposit, rental, or payment:
      • (i) regardless of how the charge, expense, deposit, rental, or payment is termed, described, requested, or required directly or indirectly;
      • (ii) in the form of money, goods, or services; and
      • (iii) that is a condition to a student's full participation in an activity, course, or program that is provided, sponsored, or supported by an LEA.
    • (b) "Fee" includes:
      • (i) money or something of monetary value raised by a student or the student's family through fundraising;
      • (ii) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;
      • (iii) payments made to a third party that provides a part of a school activity, class, or program;
      • (iv) charges or expenditures for classroom:
        • (A) textbooks;
        • (B) supplies; or
        • (C) materials;
      • (v) charges or expenditures for school activity clothing; and
      • (vi) a fine other than a fine described in Subsection (6)(c)(i).
    • (c) "Fee" does not include:
      • (i) a student fine specifically approved by an LEA for:
        • (A) failing to return school property;
        • (B) losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior, or as described in Section 53G-8-212; or
        • (C) improper use of school property, including a parking violation;
      • (ii) a payment for school breakfast or lunch;
      • (iii) a deposit that is:
        • (A) a pledge securing the return of school property; and
        • (B) refunded upon the return of the school property; or
      • (iv) a charge for insurance, unless the insurance is required for a student to participate in an activity, course, or program.
  • (7)
    • (a) "Fundraising" means an activity or event provided, sponsored, or supported by an LEA that uses students to generate funds or raise money to:
      • (i) provide financial support to a school or a school's class, group, team, or program; or
      • (ii) benefit a particular charity or for other charitable purposes.
    • (b) "Fundraising" does not include an alternative method of raising revenue without students.
  • (8)
    • (a) "School activity clothing" means special shoes or items of clothing:
      • (i)
        • (A) that meet specific requirements, including requesting a specific brand, fabric, or imprint; and
        • (B) that a school requires a student to provide; and
      • (ii) that is worn by a student for a co-curricular or extracurricular activity.
    • (b) "School activity clothing" does not include:
      • (i) a school uniform; or
      • (ii) clothing that is commonly found in students' homes.
  • (9)
    • (a) "School uniform" means special shoes or an item of clothing:
      • (i)
        • (A) that meet specific requirements, including a requested specific color, style, fabric, or imprint; and
        • (B) that a school requires a student to provide; and
      • (ii) that is worn by a student for a curricular activity.
    • (b) "School uniform" does not include school activity clothing.
  • (10) "Secondary school" means a school that provides instruction to students in grades 7, 8, 9, 10, 11, or 12.
  • (11) "Secondary school student":
    • (a) means a student enrolled in a secondary school; and
    • (b) includes a student in grade 6 if the student attends a secondary school.
  • (12) "Textbook" means the same as that term is defined in Section 53G-7-601.
  • (13) "Waiver" means a full or partial release from a requirement to pay a fee and from any provision in lieu of fee payment.




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