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And where there are fees charged, of course, there must be waivers. Chapter 18 of the DE's rules requires that all students be afforded equal access to course offerings and related activities to meet their needs and interests. Accordingly, the rules in that chapter govern fee waivers. There must be a board policy that shall include provisions for granting a waiver (also called a full waiver), partial waiver, or temporary waiver of student fees upon application by the student.

a. Full Waiver. A student shall be granted a waiver of all fees if:

1. The student or student's family meets the financial eligibility criteria for free meals offered under the Child Nutrition Program;
2. The student or student's family meets financial eligibility criteria for participation in the Family Investment Program (FIP);
3. The student or student's family is eligible for transportation assistance under open enrollment provided under 281-subrule 17.9(3); or
4. The student is in foster care. Period. This is an automatic qualifier, and is not contingent on the financial health of the student or student's family.

NOTE: SSI eligibility is no longer a qualifier because a student may qualify for SSI without regard to financial circumstances.

b. Partial waiver. A school district shall grant a student either a partial waiver of all student fees if the student or the student's family meets the financial eligibility criteria for reduced price meals offered under the Child Nutrition Program. A partial waiver shall be based on a sliding scale related to an ability to pay.

c. Temporary waiver. At the discretion of the school district, a student may be granted a temporary waiver of a fee or fees [note that it does not have to be all fees] in the event of a temporary financial difficulty in the student's immediate family. A temporary waiver may be applied for and granted at any time during a school year. The maximum length of a temporary waiver shall be one year. Discretion means just that; this is not a mandatory waiver.

Last Updated ( Tuesday, 12 August 2008 )