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Tuition and Fees - All Articles (13)
A district
that enrolls a non-exchange foreign student (one with an F-1 visa) is required
by federal law to charge tuition. P.L.
104-208, Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
A district that enrolls a
foreign exchange student (one with a J-1 visa) may charge tuition. However, the district may waive collection
of tuition for students on J-1 visas based on the "nonresident children ...
residing temporarily" in the district language of Iowa Code section 282.1. (Waiving tuition does not allow the district
to count the student on a J-1 visa as a resident student for purposes of state
foundation aid.)
This answer deals exclusively with non-immigrant
students; that is, students who are not
residents of the United States and who are in this country temporarily. If a student who is not a citizen of the
United States nevertheless lives in Iowa with his or her parents, the
school district of residence is required to provide a tuition-free education to
that student. This is true even if the
parents of the student are in this country illegally. See Plyler v. Doe, 457 U.S. 202, 102
S.Ct. 2382, 72 L.Ed.2d 786 (1982).
Are all summer school courses (including electives) subject to fee waiver?
Yes. Tuition for all summer school courses is subject to partial or total fee waiver. 281 IAC Rule 18.2 and Rule 18.3.
What fees may be charged by a district?
By statute, there are 7 fees that may be
charged by a district. They are:
1. Textbook fees (Iowa Code section
301.1). Textbook is defined as "books and loose-leaf or bound manuals
... which convey information to the student ... including but not
limited to computer software, applications, using computer-assisted
instruction, interactive videodisks, and other computer courseware and
magnetic media."
2. Eye protective devices (Iowa Code section 280.10);
3. Ear protective devices (Iowa Code section 280.11);
4. Driver
education courses (Iowa Code section 282.6);
5. Summer school courses
(Iowa Code section 282.6);
6. Transportation provided to resident
students who are not entitled to free transportation (Iowa Code section
285.1). (Transportation is free to elementary students who live more
than 2 miles and to high school students who live more than 3 miles
from their designated attendance centers).
7. School supplies (Iowa Code section 301.1). These are
items used individually by students as opposed to items used in common
by all students. E.g., art supplies for art class and chemicals for
science class are supplies for which a district may NOT charge a fee
because they are used in common by all students.
How does a student apply for a fee waiver?
Districts, at the time of enrollment, are to provide the application to all registrants. Applications must be renewed yearly. 281 IAC Rule 18.3.
What is the one exception when tuition does not have to be charged to a non-resident?
Nonresident children "shall" be charged the "maximum tuition rate" with the exception that a local school board may have a policy not to charge tuition (or charge a lesser amount than the maximum) to children "residing temporarily" in the district (such as foreign exchange students on J-1 visas).
When must a district waive a fee?
Each district must have a board policy that it will grant a waiver of ALL fees, as follows: TOTAL WAIVERS - A waiver of all fees shall be granted if the student or the student's family: 1) meets the financial eligibility criteria for free meals under the Child Nutrition Program, or 2) meets the financial eligibility under the Family Investment Program (FIP), or 3)is eligible for transportation assistance (see below), or 4) the student is in foster care.
When must a district charge tuition; when is attendance tuition-free?
School is tuition-free to all actual residents of the district between the ages of 5 and 21 years of age, unless the student has met graduation requirements. School is also free of tuition to resident veterans (defined in Iowa Code section 35.1 as certain honorably discharged, former members of the armed or serve forces) for as many months after becoming age 21 as they spent in the military before they became 21.
Are fines assessed by a district the same as fees?
No. Fines may be assessed by a district against a student for damage or loss to school property. These are not fees, and need not be waived.
Must driver education course fees be waived if the student qualifies?
Yes. Whether the district offers the course directly or provides the course through a private entity, the district has an obligation to make sure that the fees for qualified students are waived.
What is the maximum tuition rate?
The maximum tuition rate is a district's cost-per-pupil as computed per Iowa Code section 257.10. This is different for each district, and can be found on the Department's website: http://www.iowa.gov/educate/content/view/110/355/ . Each district will be within 100-105% of the state's cost-per-pupil.
Although there is no definition of tuition in the Iowa Code, the Iowa Attorney General has concluded that tuition "generally includes the cost of facilities and instruction, and would include the cost of tangible items necessary or essential to instruction." Op. Att'y. Gen. #79-12-22.
When must a district waive a transportation fee?
Transportation is free and must be provided to all resident students who reside more than 2 miles from their designated attendance center if elementary or 3 miles from their designated attendance center if high school. In all other cases, a fee that is charged must be waived for students whose parent/guardian household income is at or below 160% of federal income proverty guidelines by household size. These guidelines are adjusted annually and are published in the Open Enrollment Handbook found on the Department's website http://www.iowa.gov/educate/content/view/649/636/ . 281 IAC subrule 17.9(3).
Is there an income tax credit in Iowa for tuition and textbooks?
Yes. Taxpayers, who have one or more dependents attending grades K-12 in an "accredited" Iowa school, may take a credit for each dependent for amounts paid for tuition and textbooks in a amount not to exceed 25% of the first $1,000 paid for each dependent for tuition and textbooks. This is a credit on Iowa state income tax return only. It does not apply to a federal income tax return. The Iowa Department of Revenue has stated that eligible expenses include, but are not limited to, driver education fees, rental (but not purchase) of musical instruments, and football, track, soccer and golf shoes (but not basketball shoes). Expenses for textbooks or other items for homeschooling, tutoring, or schooling outside an accredit school do not qualify for the credit. CONSULT YOUR TAX PREPARER REGARDING YOUR INDIVIDUAL SITUATION. Iowa Code subsection 422.12(2).
