RELATES TO:
KRS
160.330
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
160.330 provides that local school districts
shall establish, consistent with State Board for Elementary and Secondary
administrative regulations, a process to waive fees for qualifying students and
a procedure for notice of such. This administrative regulation provides
guidelines for the waiver of school fees by local districts.
Section 1. Local school districts shall
establish a process by which to waive any applicable fees charged by the
district for pupils who qualify for free or reduced price lunches, including a
process by which at least all such students shall be informed of the fee waiver
provisions. Districts that do not charge fees to any students shall not be
subject to these requirements.
Section
2. Local school districts shall adopt specific policies and
procedures whereby, at the beginning of the school year or at the time of
enrollment, all or at least qualifying pupils and their parents shall be given
clear and prominent written notice of the fee waiver process, including the
applicable income guidelines. Such policies and procedures shall also insure
that the written notice of the fee waiver process shall include a form that
parents shall use to request waiver of applicable fees.
Section 3. Local districts shall keep records
for documentation and compliance purposes, which shall be made available to the
Department of Education upon request. These records shall include:
(1) The number of pupils receiving free
lunches and reduced price lunches;
(2) The number of pupils who request that
fees be waived and the number of pupils for who fees are waived;
(3) Copies of any forms, notices or
instructions used by schools in the collection or waiver of fees.
Section 4. Mandatory waiver of
fees shall apply to all charges, direct or indirect, which would otherwise be
required for participation in the following school-sponsored courses,
activities, programs, events or services:
(1)
Charges and deposits collected by a school for use of school property,
including but not limited to, locks, towels, laboratory equipment and special
workbooks;
(2) Charges for field
trips, any portion of which fall within the school day;
(3) Charges or deposits for uniforms or
equipment related to intramural sports, music, or fine arts programs;
(4) Special supplies or fees required for a
particular class;
(5) Graduation
fees required for participation;
(6) Special education fees;
(7) School records fees;
(8) School health service fees;
(9) General activities fees;
(10) Vocational education fees;
(11) Driver's education fees; and
(12) Any other fees not exempt under Section
5 of this administrative regulation.
Section 5. Mandatory waiver of fees shall not
apply to the following:
(1) Activities or
rental of property taking place or for exclusive use outside the normal six (6)
hour school day (and any local district extension of such) and having no impact
upon graduation from or credit for any instructional course(s) included in or
authorized by the "Program of Studies for Kentucky Schools, Grades K-12",
incorporated by reference in 704 KAR
3:304; and
(2) Costs for materials, equipment, or
supplies beyond those necessary for full credit for instructional courses and
essential for meeting student performance objectives.
Section 6. Local districts shall provide
written notice of approvals and denials of fee waivers. Any denial shall
contain the specific grounds for denial and shall afford the opportunity for a
personal meeting with appropriate district personnel to discuss the validity of
the denial.