SALT LAKE CITY — Schools that don't comply with Utah laws on school fees could lose state education funding or lose their right to assess instructional and activity fees under task force recommendations unanimously endorsed Thursday by the State School Board.

According to the "corrective action process" approved by the board, penalties would not be assessed until a school district or charter school, after being given an opportunity to correct their actions or appeal findings, remained out of compliance or wilfully ignored notices that they were out of compliance.

The plan will likely become part of a sweeping state school board rule to be considered in December in the wake of a legislative audit that found "widespread violations of state law" by the State School Board and local boards of education, high schools and charter schools in their handling of secondary school fees.

The board's own audit found that Utah public schools' failure to comply with school fee and fee waiver policies has resulted in an "unreasonable system of fees, which jeopardizes equal opportunity for all students … based on their ability to pay."

The board's audit found that Utah public schools collected $71 million in school fees in 2017 — a 29 percent increase in five years, a figure that auditors from both agencies have noted is "materially understated."

Utah State Board of Education chairman Mark Huntsman said oversight of school fees by the state school board and local boards of education have become a back-burner concern over the years.

After two audits this year, a state school board task force taking up the issue and the state school board's discussions, Utah schools are taking notice, he said.

For example, every Utah school submitted its annual assurance form that certifies in writing that it understands school fee laws and has trained staff on the laws. The forms were due on Oct. 31 and still need to be reviewed by state education officials, Huntsman said. Still, it indicates that schools are taking this responsibility to heart, he said.

"School fees went to the back burner of the stove and now it's moved to the front," he said.

While the school board will ultimately approve rule changes intended to bring about greater compliance to state laws on school fees, some members disagree on the best path forward.

"I think this is hopeless," said board member Joel Wright, who recommended separating activities from schools.

"They can go to the Legislature and seek their own funding. They can have their own tax source, their own board. We can can have activities for kids or we can have education for kids. Trying to combine the two is a mess," he said.

Another option, Wright said, would be to privatize activities in club systems, which is done in Europe or Asia.

"Trying to combine the two is causing this problem and degrading education," Wright said. "Education is what the taxpayers are paying for. We're paying for these activities that are just blowing our mind, being taken over by rich parents and are a mess."

But board member Carol Lear said a 1994 permanent injunction considers public education a "holistic" experience and "that extracurricular activities are central and inherently necessary in the full public education experience, which I happen to believe."

The injunction came about from what was considered a "friendly lawsuit," said Lear, who as a former attorney for the State Office of Education is the sole surviving legal counsel who was part of the pleadings.

"This is a much more complex decision than 'fees are exorbitant and we've got to get rid of them. Too bad, so sad,'" Lear said, referring to the permanent injunction.

"What concerns me is, I don't want the cure to be worse than the disease because some children will never have a chance to play in an orchestra if it's not available through a school. They'll never have a chance to be on an athletic team if it's only available to parents who are wealthy and can afford club teams. I think that would be a tragedy," Lear said.

Board member Kathleen Reibe said school activities have now been "hijacked from things that were supposed to be fun and engaging to being the main purpose of our schools. I don't think this is where we should be going."

Related story:

Unaffordable Utah: Should public schools charge students $71M in fees?

In Utah, heading back to school doesn’t just include buying new shoes and backpacks. It also means parents forking over hundreds of dollars in fees to register their children at public schools.

Reibe asked if there is a point that some activity fees are considered "extravagant."

According to the legislative audit, students at one school paid $2,500 each to participate in cheerleading, but at another school students paid $1,440.

"Is there a way we can maintain some normalcy? I'm not super rich. I'm a school teacher. How would I meet somebody else's expectations in another part of the state and be on the same playing field? When do we decide that some of these things are extravagant? Is there a way we can cap what is being asked for these activities?" Reibe asked.

Legislative auditors who attended Thursday's meeting referred board members to an audit recommendation that called on the State School Board, in consultation with local school officials, to establish limits on the maximum amount that a student or family can be charged for school fees.

Related topics