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Senate advances school-fee overhaul after audit finds about $71 million collected annually

Utah Senate · March 7, 2019
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Summary

The Utah Senate advanced First Substitute House Bill 250, as amended, moving it to third reading after lawmakers and the sponsor said a state audit found more than $71 million in school fees and longstanding noncompliance with a 1994 injunction. Amendment 4 clarified deposits and optional insurance are not treated as fees.

The Utah Senate on the floor advanced First Substitute House Bill 250, a package of school-fee reforms that sponsors say responds to a recent audit showing school districts collect more than $71,000,000 in fees annually and that a 1994 Third District Court injunction requiring waivable fees has been widely ignored. Senator Henderson, the bill sponsor on the floor, said the measure defines what counts as a fee, sets conditions under which a local education agency may charge fees, requires corrective action by the State Board of Education for noncompliant districts, and bans fees for textbooks.

Proponents said the bill increases transparency and requires each LEA governing board to adopt fee policies and publish fee schedules online so parents can see what is charged. “All of those fees have to be waivable,” Senator Henderson said, describing the court ruling and audit findings and arguing the bill brings Utah back into compliance with students’ constitutional right to equal and open access to public education. Henderson also offered Amendment 4, which clarifies that optional deposits for district property (for example, a computer deposit) or optional insurance are not classified as fees under the bill.

Supporters emphasized the bill resulted from an extensive stakeholder process that included superintendents, district officials, the State Board of Education and legislators who worked to clarify existing law and address audit findings. Opponents did not press the chamber on the amendment; the body adopted Amendment 4 by voice and later voted to advance the bill to third reading. The presiding officer announced that First Substitute House Bill 250, as amended, received 26 yeas, 1 nay and 2 absent on the roll call and was ordered read a third time.

The bill will return to the floor for third-reading consideration under the rules calendar; the sponsor said the measure is intended to restore consistent practice across districts and create clear, public fee schedules. No effective date or implementation timeline was specified during the floor action recorded in the transcript.