Frequently Asked Questions for House Bill 1660

Under HB 1660, which went into effect on June 11, 2020, school districts that charge a fee for attendance at or participation in any optional, noncredit extracurricular event must adopt a policy for waiving all fees for students who are low income. The policy and regulations must also include how the district will reduce fees for students’ family members and non-students over the age of 65, who by reason of their low income, may be unable to pay the fees to attend or participate in any optional noncredit extracurricular district event which is of a cultural, social, recreational, or athletic nature.

The process for charging and collecting Associated Student Body (ASB) card fees, school-based athletic program fees, optional noncredit school club fees, and other fees from students in grades 9–12 must be the same for all students, regardless of their free or reduced-price lunch (FRPL) eligibility. The fee waivers must be automatically applied, where applicable.

Basic Foundations of HB 1660

What are the required reporting dates for High School ASB and athletic data and possible gap plans?

If extracurricular activities or clubs are offered anytime within the 2023­–24 school year, districts should plan to report those data as part of the April 15th data collection.

Reporting dates are:

• April 1, 2024 - High schools must collect and report to their ASB executive boards; 
• April 15, 2024 - High schools must publish data on their websites; 
• June 1, 2024 (if required) - High schools must publish their Opportunity Gap Reduction Plan; 

How should the HB 1660 data for ASB and Athletic reporting be displayed?

OSPI has created a reporting tool through Smartsheet Dynamic View; district business managers or high school business managers will have access to submit their data.

• ASB/Athletic data will be generated through Smartsheet for school districts. High School ASB contacts can access the OSPI ASB Smartsheet tool to enter their data.
• Opportunity Gap Reduction Plan (if required) will also be generated through Smartsheet for school districts. High School ASB contacts can access the OSPI Gap Plan Smartsheet tool to enter their gap plans.

Both ASB/Athletic data and Opportunity Gap Reduction Plans will be emailed to business managers, in a PDF format, once your high school data is entered. These PDF reports should be posted by the above dates.

How is the Opportunity Gap calculated?

Opportunity Gap for ASB:

Number of total number of students (from non-low income families) with ASB cards /number of students (from non-low income families) minus number of students from low-income families with ASB cards /number of students from low-income families

Opportunity Gap for Athletics (extracurricular):

Number of total number of students (from non-low income families) in athletics/number of total students (from non-low income families) minus number of students from low-income families in athletics /number of students from low-income families

Note: students (from non-low income families) = total students minus students from low-income families

What can high schools count as 'athletics'?

High schools should count students once if they participated in one or more sports. Athletics can include all WIAA sports, Unified sports, and any club sports sponsored by the school. Schools (districts) have the discretion to decide what activities constitute as athletics. A student ‘trying out for a sport’, but then not participating, would not be counted for that specific sport.

Does this new law apply to middle and high school only?

No. The requirement to adopt a policy for waiving fees applies to any fees established and collected by a district for their attendance at or participation in noncredit extracurricular events, and is not grade-specific, thus applies to any students who are charged fees. The data collection, publishing, and reporting requirements around data related to students in possession of ASB cards and participation in school-based athletic programs are for grades 9–12 only.

What is meant by the 'ASB Executive Board'?

"Associated student body executive board" means the student leadership group responsible for decision-making related to the associated student body at a public school.

Is there funding to offset the loss of these possible funds?

Yes, limited funding is available through Form Package 151 (High School ASB & Athletic Fee Program for Students from Low Income Families) for fiscal year 2023-2024. Grant closes Oct 19, 2024 @ 4pm.

How does this impact family members?

Districts’ policies must include how they will reduce fees for family members of a student who is low income who are wishing to attend an extracurricular event of the district.

New Law Impact

How does the new law impact events or activities that are held virtually?

A district must have a policy and regulations in place for fees charged whether the activities take place in person or virtually.

Does the new law impact student fines? What if the fines must be paid prior to extra-curricular participation?

No. HB 1660 impacts fees collected from students as a condition of their attendance at or participation in any optional, noncredit extracurricular event of the district. To align with the intent of HB 1660, districts may consider revisiting policies around repayment of fines to further reduce obstacles to participation in extracurricular activities caused by the fees charged to students who are low income.

How does the new law impact fees charged to students for uniform costs?

RCW 28A.325.010 states all school districts that collect fees for extracurricular events are required to have a policy and regulations in place to waive these fees for students who are low income. In developing policies, districts should consider how uniform costs can present barriers to student participation and consider policies that further reduce obstacles to participation.

Does the new law impact curricular programs such as band or drama?

No. HB 1660 does not apply to curricular programs. The new law impacts optional, non-credit extracurricular events that are cultural, social, recreational, or athletic in nature.

Does the new law apply to parking fees?

No. Parking fees would not be considered an extracurricular event.

Does the new law impact SAT/ACT or Advanced Placement (AP) tests?

No. Testing fees and costs are considered academic. Additionally, OSPI Test Fee Waiver program covers 100% of the test fee for students who qualify for FRPL program. They do not need to pay a co-pay now.

Does the new law impact optional, overnight field trips?

Policies and procedures for waiving fees for optional noncredit extracurricular activities are to be determined by the school district board of directors, including which activities are considered optional, noncredit, and extracurricular. WAC 392-138-013 gives responsibility to school boards to determine how to operate their ASB programs.

Does the new law impact CTE programs and their CTSO or affiliate clubs?

Career and Technical Student Organizations (CTSOs) or Career and Technical Education (CTE) leadership equivalents meet CTE extended learning requirements, required of every state-approved CTE course. Extended learning is defined as learning activities related to a CTE course or program competencies which occur beyond the scheduled school day or school year, under the supervision of a certified CTE teacher. Policies and procedures for waiving fees for optional noncredit extracurricular activities are to be determined by the school district board of directors, including which activities are considered optional, noncredit, and extracurricular. Districts may review programs related to CTE courses to determine whether they are operating in alignment with extended learning requirements related to the course, or more broadly as optional, noncredit clubs. WAC 392-138-013 gives responsibility to school boards to determine how to operate their ASB programs.

Does the new law apply to events run through Parent Teacher Associations (PTA) or booster clubs?

No. Policies and procedures for waiving fees for optional noncredit extracurricular activities are to be determined by the school district board of directors, including which activities are considered optional, noncredit, and extracurricular. WAC 392-138-013 gives responsibility to school boards to determine how to operate their ASB programs.

Does HB 1660 affect sales of ASB items such as yearbook, spirit wear, or prom photos?

No. HB 1660 applies to extracurricular activities meaning school-based athletic programs and optional noncredit school clubs.

Can InvestED funding be used to cover the costs of students whose fees have been waived?

The law does not specify how fees are to be covered. Districts must develop a policy for waiving fees for students who are low-income. Please refer to your district’s InvestED rules on allowable uses of InvestED funds.

Eligibility

How is a student determined to be low income?

There are multiple ways for students to be identified as low-income:

• Students who are eligible for the College Bound Scholarship
• Students who are eligible for free or reduced-priced meals through the National School Lunch and School Breakfast Program (via Direct Certification or through a FRPL application)
• Family income survey

Can a school/district share a student’s free or reduced-priced lunch (FRPL) eligibility status for purposes other than free or reduced-priced meals without parent consent?

No, the school cannot share a student’s eligibility with other programs unless parent consent is provided. Child Nutrition data are governed by the federal child nutrition program guidelines, which include the need to obtain parent consent for sharing FRPL data for programs other than designated federal programs or state education programs. For more information, please see Disclosure of Free and Reduced Price Information and Eligibility Status on the OSPI Child Nutrition webpage.

Is parental consent required for students that are eligible for free or reduced-price meals through the Direct Certification process?

Yes. Data collected through the direct certification process is also governed by the federal child nutrition program guidelines, which include the need to obtain parental consent for sharing FRPL data for programs other than designated federal programs or state education programs. For more information, please see Disclosure of Free and Reduced Price Information and Eligibility Status on the OSPI Child Nutrition webpage.

Can districts use multiple ways to gather parent consent?

Yes. Schools/districts can use other forms to gain consent besides the National School lunch form. For example, schools can ask for parent consent on applications for sports and clubs by including language such as:

“Students who qualify for free or reduced-price school meals are eligible to have athletic fees waived. Do you consent to share your child’s free or reduced-price eligibility information with this program?”

The school or district would then have to verify that the student is eligible for free or reduced-priced meals and eligible for the fee waiver, consistent with district policy.

How do Community Eligibility Provision (CEP) schools determine eligibility?

To determine eligibility for other programs outside of school meals, families can complete the Family Income Survey which would determine students who are low-income, for the purposes of other programs including fee waivers for extracurricular events.

How does a school or district know if an opportunity gap plan is required?

An Opportunity Gap Reduction Plan is required if the opportunity gap in student possession of an associated student body card OR the opportunity gap in extracurricular activity participation for any high school does not meet the goals identified below:

• During the 2020–21 school year, the opportunity gap must be twenty or fewer percentage points.
• During the 2021–22 school year, the opportunity gap must be sixteen or fewer percentage points.
• During the 2022–23 school year, the opportunity gap must be twelve or fewer percentage points.
• During the 2023–24 school year, the opportunity gap must be eight or fewer percentage points.
• During the 2024–25 school year, and for each subsequent school year, the opportunity gap must be five or fewer percentage 10 points.

What is the process for data collection, reporting, and submission of an opportunity gap reduction plan?

OSPI is creating a template and an online tool where districts will submit their information. Further instructions will be provided in January 2021.