§177. Student fees; policies

            A. By not later than December 1, 2019, the governing authority of each public elementary and secondary school shall adopt and publish on its website a policy for the assessment, collection, and use of fees charged to students or their parents or legal guardians. The policy shall be revised annually as necessary.

            B. For purposes of this Section, "fees" shall mean any monetary payment or supplies required as a condition of a student being enrolled in school or participating in any curricular or cocurricular activity. Fees shall not mean the cost of school meals.

            C. Each policy shall contain, at a minimum:

            (1) A list of all fees, including the purpose, use, and the amount or authorized range for each. Fees charged for the same item or service shall be consistent among all schools under the jurisdiction of the school governing authority.

            (2) A description of how each fee is collected and spent.

            (3) A description of how a student or his parent or legal guardian may request and receive a waiver of payment of a fee due to economic hardship and the objective criteria on which the granting of a waiver is based which may include but not be limited to the following relative to the student or his family:

            (a) Is receiving unemployment benefits or public assistance including Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, supplemental security income, or Medicaid.

            (b) Is in foster care or is caring for children in foster care.

            (c) Is homeless.

            (d) Is serving in, or within the previous year has served in, active military service.

            (e) Is eligible for free or reduced priced meals in schools not participating in the Community Eligibility Provision Program.

            (f) Is an emancipated minor.

            (4) An appeals process to the local superintendent or his designee for a waiver request that is initially denied.

            (5) A prohibition against assessing a fee not authorized by the policy.

            (6) A statement that failure to pay any required fee shall not result in the withholding of a student's educational record.

            D. All records associated with a fee waiver request due to economic hardship shall not constitute a public record but may be audited to ensure compliance with the school governing authority's policy. A student's personally identifiable information associated with such a waiver request shall not be made public.

            E. Each school under the jurisdiction of the governing authority shall publish the policy on its website and include it in the school's student handbook which shall be provided to each student and his parent or legal guardian at the beginning of each school year in the manner determined by the school governing authority.

            F. Repealed by Acts 2019, No. 240, §2, eff. Dec. 31, 2019.

            Acts 2019, No. 240, §1, eff. Aug. 1, 2019, §2, eff. Dec. 31, 2019.