student fees: what charges are allowable? act30 …...free public education • 1940 – sbe adopts...

The views and opinions expressed in this presentation are those of the authors and do not necessarily reflect those of CASBO.

Student Fees: What Charges Are Allowable? ACT30

Michele Dodge, CPA

The views and opinions expressed in this presentation are those of the authors and do not necessarily reflect those of CASBO.

2018 CASBO Annual Conference & California School Business Expo

Guarantee of Free Education • The California Constitution mandates public education be

provided free of charge • unless a charge is specifically authorized by law • all educational activities, whether curricular or extracurricular • prohibits mandated purchases of materials, supplies, equipment or

uniforms • waiver does not make it legal


Many Lawsuits Over The Years • Some important lawsuits that helped define free public education

• Ward vs Flood, 1874 • Hartzell vs Connell, 1984 • Doe vs State of California, 2010


California Constitution Article IX, Sec. 5 • requires that the State "provide for a system of common

schools by which a free school shall be kept up and supported in each district."


The Law

Title 5, CCR, Section 350

A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.


Education Code EC 38118 • Writing and drawing paper, pens, inks, blackboards,

blackboard erasers, crayons, lead pencils and other necessary supplies for the use of the schools shall be furnished under direction of the governing boards of the school districts


Education Code • EC 49010 – 49013 • Recently updated to include provisions of AB 1575

• No fees • Waivers do not make a fee allowable • All materials & supplies must be provided free of charge


Education Code • EC 49012 requires CDE to distribute guidance regarding fee prohibitions

• Starts 2014/15

• EC 49013 requires uniform complaint process for parents • AB1575 • Can be anonymous


Education Code • EC 51004 says that all students must be provided with educational

opportunity… • And these opportunities are to be enjoyed without regard to economic

status


Education Code • EC 60070 prohibits schools from requiring students to

purchase any instructional materials • Hartzell vs Connell interprets this very broadly • OK to provide lists of recommended reading or optional

materials • Can NOT be mandatory or affect grade/credit


Education Code • EC 35330 says no student can be excluded from a field trip

(excursion) due to lack of funds • Attorney General further says no admission charges for field trips


Non-Allowable Fees

• Gym or Physical Education Clothes • EC Section 49066 states that “No grade of a pupil participating in a

physical education class may be adversely affected due to the fact that the pupil does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the pupil” • such as lack of sufficient funds.


Non-Allowable Fees

• CDE has opined a school district may require students to purchase their own gym clothes • BUT – schools can’t require specialized

uniforms with logos, school name or other special characteristics


Education Code • EC 47605 prohibits a charter school from charging

tuition • Charters are subject to CA Constitution so must

comply with free education requirements • May not be able to charge other fees that districts can


Non-Allowable Fees – A.G. • School districts cannot levy fees to participate in any class,

whether elective or compulsory. Not allowed: • Security deposits for locks, lockers, books, class apparatus, musical

instruments, uniforms, etc. • Fees for participation in either curricular or extra-curricular activities.

• Waiver process does not make such fees allowable • All supplies, both necessary and supplemental, must be provided free of

charge by the district/school


Non-Allowable Fees – A.G. • Interdistrict Transfer fees. • Tuition or diploma fees • Mandatory caps & gowns • Admission charges, whether for instruction or extracurricular

if part of the educational program


Legal Opinions


Key Legal Cases • Hartzell vs Connell, 1984 • Doe vs State of California, 2010


Hartzell vs Connell • Fees for extra-curricular activities

• Differentiated between educational and recreational activities • Broadly defined educational

• Included extra-curricular activities as part of the educational program


Hartzell vs Connell • Waivers do not make an illegal fee permissible • Gives students constitutional right of free access

which encompasses all educational activities, whether curricular or extracurricular

• A district cannot establish a two-tiered educational system


ACLU Investigation – Doe vs California • 2010, parent complaints

• Single district in So-Cal

• Became a statewide review • ACLU determined that schools were openly ignoring

students constitutional rights • State agreed to rectify the issue • AB 1575

• Parent right to file complaint • If complaint validated, ALL affected families refunded


What About Donations? • Donations and fundraising are critical to programs • Must be voluntary • Written requests must be clear that donations are voluntary

• Language must be clear • EC 49011(c)

• Allows voluntary donations/fundraising


Problematic Language • Donations are due by Sept 30 • Required donation of $xx.xx • Your child may fundraise or your family may donate • All team families must donate $xx.xx


What About Parent Involvement?

• Encourage parent involvement • Voluntary hours

• Must be VOLUNTARY

• No mandates for work hours or volunteer hours • Latest Public Advocates Report


21


Allowable Fees

60


Allowable Fees • The following fees can be levied as authorized in the following Education Code sections. These fees generally belong in the district accounts. • Transportation to and from school E.C. Section 39807.5 • Transportation of pupils to places of summer employment. E.C.

Section 39837


Allowable Fees • Adult School Fees. E.C. Section 52612 • Food charges when served to pupils E.C. sections 38082 and 38084 • Class materials can be sold to persons enrolled in adult

classes. E.C. sections 52612, 52615, and 17552


Allowable Fees • Lost or damaged books or other district supplies, not to

exceed $16,650. E.C. Section 48904 • Textbooks used in adult classes or a refundable deposit

on loaned books. E.C. Section 60410 • Tuition fees for pupils whose parents are actual and legal

residents of an adjacent foreign country or an adjacent state. E.C. sections 48050, 48051, and 48502


Allowable Fees • Insurance for Field Trips. E.C. Section 35331 • Materials can be sold to a student for property the student has

fabricated from such materials for their own use if the price does not exceed direct cost of the materials used and provided that the school district governing board has authorized such sales pursuant to an adopted board policy. E.C. Section 17551


Allowable Fees • Fees for an optional fingerprinting program for the parent who

chooses to participate. The fee cannot exceed the actual costs associated with the program. E.C. Section 32390

• Student fees for community classes in civic, vocational, literacy, health, homemaking, and technical and general education, not to exceed the cost of maintaining the community classes. E.C. sections 51810 and 51815

• Fees for several statutory child care programs under certain conditions. E.C. sections 8263(f), 8250(d), 8265, 8487, and 8488(b)


Allowable Fees • Actual cost of duplication of public records or student records,

based on the California Public Records Act. E.C. Section 49091.14

• Fees for outdoor science camp programs. The fee cannot be mandatory - no pupil shall be denied the opportunity to participate in a school camp program because of nonpayment of the fee. E.C. Section 35335

• Charges for medical and accident insurance for athletic team members for those members who can afford to pay. E.C. Section 32221


Allowable Fees • Safety glasses for a student to keep (as long as free

ones are provided) EC 32010 - 32033 • Sale/lease of internet equipment (PCs) as long as

access provided for those who can not afford it. EC 17453.1

• After school education/safety programs, as long as no eligible child denied due to lack of funds. EC 8482.6


Allowable Fees • AP and IB Fees EC 52240 – 52244, EC 52920 - 52922

• Not a requirement • No impact on grade/credit • $5 for economically disadvantaged


Allowable Fees • Fees for field trips and excursions may be charged in

connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities. But, no pupil shall be prevented from making the field trip or excursion because of lack of sufficient funds. E.C. Section 35330 • AG has opined no admission charge for visits that are part of

school’s educational program


Allowable Fees • Optional attendance as a spectator, purely

recreational • Games, plays, etc

• Purely recreational activities • Dances

• Parking fees • Hartzell & Arcadia opinions

• Must have no connection to educational program • Optional with no effect on grade

• A fine line!


Allowable Fees • Clarification – Hartzell determines participation in extracurricular activities to

be part of the educational experience • Ie athletics, musical groups, drama, cheerleading, etc.


Board Must Approve All Fees • Gov’t Code 66018

• All fees must discussed and approved in public hearings • Publicly posted • Prior to adoption or change


AB1575 – Parental Complaints


AB1575, Uniform Complaint Process • Begins July 2013

• Annual notice to parents, students, employees, etc

• Parents and others may file complaint with Principal • May be anonymous

• Schools must respond in writing within 60 days • If complaint is valid, remedy to all affected students


AB1575, Uniform Complaint Process

• Parents may appeal to CDE • Within 15 days of final report

• CDE must respond within 60 days • If they find complaint valid, remedy to all affected students


Thank you

Important Quotes And Legal Timeline


The Legal Time Line • 1879 – CA Constitution

• Free public education • 1940 – SBE adopts Title 5, 350 CCR

• No fees, deposits or other charges unless specifically in law • 1942 – AG issues opinion, no deposits or fees

• No membership fees, deposits • All necessary supplies provided


The Legal Time Line • 1979 – CA Legislative Council opinion interprets CCR 350

• Fees for instruments, uniforms, dues violate free public education • 1979 – CDE issues position paper

• No fees


The Legal Time Line • 1982 – CA Legislative Counsel issues legal opinion that fees for extra-curricular activities are

unconstitutional • 1984 – Hartzell v Connell • 1991 – Sands v Morongo USD, graduation ceremonies must be free


The Legal Time Line • 1997 – CDE issues further guidance on unallowable fees • 2004 – CA AG says no fees allowed for interdistrict transfers • 2010 – ACLU, Doe et al v CA • 2013 – AB1575 to further protect students rights and implements a

Uniform Complaint Procedure • 2014 – Public Advocates Report re: required parent work quotas


Hartzell vs Connell • Although the State may currently be operating under difficult budgetary

constraints, "financial hardship is no defense to a violation of the free school guarantee."


Hartzell vs Connell • "that all educational activities carried on by public school districts, extra-curricular as

well as curricular, must be without cost to the students who participate in such activities."


Hartzell v Connell • "Once the community has decided that a particular educational

program is important enough to be offered by its public schools, a student's participation in that program cannot be made to depend upon his or her family's decision whether to pay a fee . . . ."


Hartzell vs Connell • A fee-waiver policy for student fees does not satisfy the

requirements of the free school guarantee. • "The constitutional defect in [student] fees cannot be corrected by

providing waivers to indigent students.“ • Moreover, a system of fee waivers for "needy" students is undeniably

stigmatizing and degrading.


Hartzell vs Connell • “educational opportunities must be provided to all students without regard to

their families’ ability or willingness to pay fees or request special waivers.”


Hartzell vs Connell • “Public schools may not charge fees for curricular or extracurricular activities which are

“an integral component of public education,” regardless of whether the activities are credit bearing or not”


Doe vs State of California • “Our nation's public schools represent the highest and most

revolutionary ideal of American democracy - that through education open on an equal basis to all, every child can achieve his or her full potential as consequence of merit and hard work. “

44


Doe vs State of California • “The California Constitution, like the constitutions of every state in the Union,

accordingly entitles the children of this State to a free and equal education.”


Doe vs State of California • “public schools throughout the State unabashedly trample upon this

constitutional right by requiring students to pay fees and purchase assigned materials for courses for academic credit”


Doe vs State of California • “Students who are unable to pay the fees or purchase the materials are

disadvantaged academically and overtly humiliated by teachers and school officials.”


Granger vs Cascade County School District • "To a child or his parents financially unable to pay the

additional fees and charges imposed by a free, public school system any waiver procedure is a degrading experience.”


Public Advocates Report • “When (parent) work is required, it’s not voluntary. It’s wrong and unlawful to punish a child for

what his or her parents can’t or won’t do.” • Hilary Hammell, Public Advocates attorney


Thank you

student fees: what charges are allowable? act30 …...free public education • 1940 – sbe adopts...

Documents