Illegal Fees In Schools

Just to make sure that we don't forget one of my favorite windmills at which to tilt, the following came from a mailing from the California Department of Education:

School fees, tuition and charges largely prohibited by state law
by Staff
Parents have become accustomed to teachers sending home pleas for help in paying for routine classroom supplies that education budgets no longer seem to cover. But in today’s severe economic times, some districts may be taking the notion of outside support to an extreme – and perhaps in some cases coming dangerously close to breaking state law. Given the tendency for districts to look for support wherever they can, it is important for fiscal managers to remember the rules. An existing opinion from the state attorney general specifically prohibits schools from charging for such things as: A tuition fee or charge as a condition of enrollment into any class or course of instruction. This includes summer school, for which there is no specific authorization for tuition and thus is prohibited. Membership fees as a condition of qualification for student athletics or any other curricular or extracurricular activity sponsored by the school. Even a minimal admission fee to attend a fair, exhibit or similar activity that is otherwise part of a school’s educational program is not permitted. Districts are reminded that Article IX, Section 5 of the California Constitution provides for a free school system: “The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year.” Subsequent opinions from the state’s Attorney General have also consistently said that school districts do not have authority to levy fees for any elective or compulsory class. Further, districts may not require security deposits for locks, lockers, books, class apparatus, musical instruments, uniforms or other equipment. A 1984 state Supreme Court ruling found that schools may charge fees for “recreational” but not “educational” activities. The court also said that extracurricular programs – such as after school sports and band – are considered an integral component of public education. The court also held that a fee-waiver policy for needy students does not supersede the laws prohibiting these types of fees and charges. Education Code does authorize some fees under some conditions including: transportation to and from school; food services; lost books or defaced school property. Charges for transportation costs of field trips may be imposed, although codes also say that no pupil can be prevented from taking a field trip because of a lack of funds. Education Code also states that paper, pens, ink and “other necessary supplies for the use of the schools shall be furnished under the direction of the governing board of the school district.” The Attorney General has interpreted that section to also mean that districts must provide art material for art classes and mechanical drawing sets; cloth for dressmaking classes and wood for carpentry shop; gym suits and shoes for P.E.; bluebooks for exams; and paper for essay assignments. (This article is complete.)