Table 1.
Summary of States with Sports Participation Fee Laws, as of December 31, 2016
| State | Policy Summary | Citations | Years in effect |
Allow Fees? | Waiver? | Waiver Qualifications | Tax credit |
Disclosure of Implementation |
|---|---|---|---|---|---|---|---|---|
| AK | Dept. of Education may set student fees for extracurricular programs and services. | Alaska Stat. § 14.07.030 | 15+ | Y | N | NA | N | N |
| AZ | School boards may assess reasonable fees for optional extracurricular activities, must communicate fees and have a waiver system. | Ariz. Rev. Stat. § 15-342; Ariz. Rev. Stat. § 43-1089.01 | 15+ | Y | Y: allowed |
Y economic hardship for a pupil |
Y | Y |
| CA | Public school students shall not be required to pay participation fee. | Cal. Educ. Code § 49010; Cal. Educ. Code § 49011 | 4 | N | NA | NA | NA | NA |
| CO | Schools may charge activity fee as a prerequisite to participation and the fees must fund activity for which it was charged. | Colo. Rev. Stat. § 22-32-116.5; Colo. Rev. Stat. § 22-32-117 | 15+ | Y | N | NA | N | Y |
| GA | A school system may charge fees. | Ga Comp. R. & Regs. § 160-5-1-.12 | 15+ | Y | N | NA | N | N |
| HI | The department may assess and collect special fees. Maximum amount set by Board of Education. | Haw. Rev. Stat. § 302A-1130; Haw. Code R. § 8-32-2; Haw. Code R. § 8-32-3 | 15+ | Y | N | NA | N | N |
| IA | School board shall adopt a policy on fees and must have waiver provision. | Iowa Admin. Code 281-18.2(256); Iowa Admin. Code 281-18.3(256); Iowa Admin. Code 701-42.4(422) | Fees and waiver: 15+ Tax credit: 6 |
Y | Y: required |
Y Full waiver: student or family meets financial eligibility for free meals offered under CNP, or the Family Investment Program, or transportation assistance under open enrollment, or if student is in foster care. Partial waiver: student or family meets financial eligibility criteria for Reduced price meals offered under CNP. Based on sliding scale related to ability to pay. Temporary waiver: at discretion of school district, in the event of temporary financial difficulty in the student’s immediate family. |
Y | Y |
| IL | Allows for fees, but must be written policy of waiver that is communicated | Ill. Admin. Code tit. 23, § 1.245 | 15+ | Y | Y: required |
Y Those students eligible for free or reduced lunch or whose family suffers from significant loss of income due to illness/injury or unusual expenses or emergencies. |
N | Y |
| KS | Board of Education may prescribe, assess, and collect participation fees. Board of Education may establish school activity funds. | Kan. Stat. Ann. § 72-5390 | 15+ | Y | N | NA | N | N |
| KY | Guidance for fee waiver | 702 Ky. Admin. Regs. 3:220 | 15+ | Y | Y: allowed |
Y Those students eligible for free or reduced lunch. |
N | Y |
| MN | Allows for school boards to administer fees and creates waiver and scholarship program. | Minn. Stat. § 123B.35; Minn. Stat. § 123B.36 | 15+ | Y | Y: allowed |
Y Any pupil whose parents are serving/have served within the past year in active military service or any pupil/pupil’s parent/guardian are unable to pay the fee. |
N | N |
| MS | Allows for activity fees and describes how they can be used | Miss. Code Ann. § 37-7-301; Miss. Code Ann. § 37-7-335 | 15+ | Y | N | NA | N | N |
| MT | Establishes the rights of trustees to administer a student fee and waiver. | Mont. Code Ann. § 20-9-214 | 15+ | Y | Y: allowed |
Y Students with financial hardship |
N | N |
| NE | May require and collect fees for extracurricular activities and establishes a fee waiver process. | Neb. Rev. Stat. § 79-2,126; Neb. Rev. Stat. § 79-2,127; Neb. Rev. Stat. § 79-2,128; Neb. Rev. Stat. § 79-2,133 | 14 | Y | Y: required |
Y Students who qualify for free or reduced-price lunch and other circumstances as determined by each governing body. |
N | N |
| OR | School board can offer before and after school activities and collect fees for participation. | Or. Rev. Stat. § 336.014 | 15+ | Y | N | NA | N | N |
| TN | Fees must be authorized by local school boards. Fees for athletics taken for credit can be requested, but not required. | Tenn. Comp. R. & Regs. 0520-01-03-.03 | 15+ | Y | N | NA | N | N |
| UT | Student participation fees need to be authorized by local school board and not exceed limits established by LEAS. Must provide waivers. | Utah Code Ann. § 53A-12-102; Utah Code Ann. § 53A-3-420; Utah Admin. Code R277-407 | 15+ | Y | Y: required |
Y A student is eligible for a fee waiver based on income verification, if STUDENT receives SSI, family receives TANF, student is in foster care, or student is in state custody. In addition, case by case determinations may be made for those who do not qualify but who are not reasonably capable of paying the fee. |
N | Y |
| VA | Fees for voluntary activities may be charged but must be authorized by Board of Education. Report cards cannot be withheld for non-payment. | 8 Va. Admin. Code § 20-720-80 | Fees allowed: 15+ Waiver and disclosure: 4 |
Y | Y: required |
Y Economically disadvantaged students and families who are undergoing economic hardships and are financially unable to pay, including but not limited to: families on unemployment or public assistance (TANF, SNAP, SSI, Medicaid), foster families, or families that are homeless. |
N | Y |