No pay to play or learn at public schools

Public schools must provide the clay used in art class, but they can charge a student for taking home his or her finished sculpture. Playing sports is considered part of the educational mission, so schools have to cover all the costs – including uniforms – but attending a game is just for fun so students can pay admission. And schools can ask – even plead – for donations, but can’t require them in order for students to participate in a certain class or activity.

These are the black and white – and gray – rules of a new state law governing when it’s OK to charge students for school-related materials, trips and activities. Under the law, schools were required to implement a formal complaint process allowing families to challenge what they believe are illegal fees by the beginning of this month, but today the state Board of Education starts the process of setting regulations for reimbursing students who were illegally charged for fees in the past year.

“Previously, the only way to resolve this was to file a lawsuit,” said attorney Mark Bresee, a partner at Atkinson, Andelson, Loya, Ruud & Romo, who’s been a school lawyer for 20 years. Now, he says, there’s a more “user-friendly enforcement mechanism.”

The 2012 bill that triggered today’s board action, AB 1575, settled a lawsuit filed by the ACLU in April 2011. That case, Jane Doe and Jason Roe v. The State of California, accused state education officials of looking the other way while public schools charged students and their families hundreds of dollars or more for everything from textbooks and graphing calculators to participation in field trips.

AB 1575 doesn’t change the law; that’s been settled by court cases and opinions from the state attorney general for some time. Article IX, Section 5 of the State Constitution already states that “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, after the first year in which a school has been established.”

In 1984, the State Supreme Court essentially reaffirmed that in Hartzell v. Connell, ruling that once the community decides what’s an important component of an educational program, “a student’s participation in that program cannot be made to depend upon his or her family’s decision whether to pay a fee or buy a toaster.”

What the law does do is codify those rules and opinions into the California Education Code, and requires the State Board to add a definition of pupil fees and incorporate the new process and timeline for resolving complaints into Title 5 of the Ed Code, which governs how districts must respond to complaints. The amendments that the Board approves today will then go out for public comment and a public hearing on May 14. Final regulations aren’t expected before July.

But the law is still a bit of morass. Especially since there are separate regulations outlining 20 instances where a school may charge fees, and the boundaries aren’t always clear-cut.

“What we’re hearing from parents is confusion because they’re not really sure what the law means,” said Patty Scripter, director of legislation for the California State PTA. In particular, for an organization that raises money to support local schools, Scripter said there is misunderstanding about fundraising. Even attorneys aren’t quite clear about the law in this area.

It doesn’t prohibit schools or parents from voluntary fundraising, said Bresee, but there’s not consensus on the parameters, those narrow gray spaces where a teacher or parent might cross the line between asking and mandating.

When talking to educators and parents, “I find myself saying, ‘it depends,’ a lot,” said Bresee. That’s because each situation may be unique. For example, if a coach tells all the players that the team needs money and could really use a $200 donation from every family, and is clear that paying won’t affect a student’s standing on the team, that’s OK. “But, if two weeks later the same coach makes five kids stay after practice because they’re the only ones who didn’t pay, you’ve just crossed the line,” he explained.

Adding to the confusion is the way a school is allowed to approach the issue of helping students who can’t afford to pay for something. A teacher can ask for donations for a school-sponsored field trip, but can’t ask students who don’t have the money to talk to the teacher about getting it covered.

“You can’t ask people to self identify as low-income,” said Brooks Allen, director of education advocacy for the ACLU of Southern California, and you can’t have a field trip available only for those who pay. Allen said it’s all or nothing; either the school raises enough money for everyone, or no one goes.

For now, the big push is on educating all school personnel, PTA members and other school volunteers about the cans and cannots of the law. No one is ruling out future legal action, if just to get the court to better clarify those blurry edges.



Filed under: State Board


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47 Responses to “No pay to play or learn at public schools”

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  1. AugGeorgia on May 21, 2015 at 6:25 am05/21/2015 6:25 am

    • 000

    I was just told that my 18 teen year old will not be able to graduate do to he failed a exam[economics exam] and if i wanted him to graduate i had to come up with $250.00 dollars for summer school and only have a week to come up with it. Are he would have to go back to school next year the whole year for one class. Does anyone know where are what i can do to get help with this so i can send him to summer school? Need to say the last day of school is today May 21,2015 and i was told this on Tuesday Morning
    what do we do when we can not afford summer school?

  2. KveeP on May 15, 2015 at 9:16 am05/15/2015 9:16 am

    • 000

    Is it legal for me to ask parents to provide pencils and notebooks for their children? I teach High School and this semester I bought notebooks for each student ($90 out of my pocket). Students destroyed or lost their notebooks.

  3. Claudia on May 12, 2015 at 7:10 pm05/12/2015 7:10 pm

    • 11100

    I am from New York but just moved to Georgia. I have my daughters school threatening to hold her back if we dont pay for a book. Im going to pay for it but i have never hear that before. They have her all scared and crying. Im calling them in them morning but i thought i would share th as t to see if Its legal. Im not from here so i dont know but im looking into it.

  4. Chris C on Feb 4, 2015 at 10:04 pm02/4/2015 10:04 pm

    • 000

    I don’t suppose this scenario is covered by this law but I want to bring it up and see if anyone can point me in the right direction.

    How can I, as a parent of a band student, be sure that the band is not being used to raise funds that do not go back to the students.

    I had an interesting dialog with the director at a football game. I was in marching band and loved competitions. but I saw that the band was not scheduled to compete at any competitions. I asked why. He explained that those competitions cost $600 to $1000 to enter. But when they perform for community organizations, the band receives money. So the director only signs the band up for performances that earn money.

    Where this becomes a problem for me is, the band has very frequent required performances on weekends. and the students grades are heavily weighted on attending these performances. It seems they can’t earn a passing grade on Monday thru Friday anymore.

    But who is privy to the money that is being made on the backs of these young musicians? And when family events conflict in the band director’s enterprise, why should the student be punished in the grades?

  5. Y on Feb 4, 2015 at 4:38 pm02/4/2015 4:38 pm

    • 000

    Just received a notice from my child’s public elementary school demanding I cough up $290 for book fees. Two years ago I could show my child’s Medicaid card and that would get the fees waived, but since their refusal to accept the card I’ve spent the last 2 hours trying to hunt down how to attain the information they now want in order to waive the fees.

    The problem is, unless a child has destroyed one, textbooks should never ever ever ever come with fees. Education is supposed to be free – and why not? It’s mandatory. If you forcing parents to enforce their children having to attend school you should by no means force them to pay on top of that! It’s an outrage.

    They’ve had several fund-raisers and yet my child has to pay for a textbook he doesn’t even get to keep?

    There is something so deeply depressing about just how much is wrong with this entire subject.


    • el on Feb 4, 2015 at 5:01 pm02/4/2015 5:01 pm

      • 000

      If your public school is in California, it’s not legal for them to ask you for “book fees,” regardless of your income, ability to pay, or the Medicaid card.

      If you’re in another state, you have my sympathies.

    • CarolineSF on Feb 4, 2015 at 5:18 pm02/4/2015 5:18 pm

      • 000

      Please identify your school, Y — it will be pretty easy to whip them into shape if their school board is told it’s illegal.

    • Don on Feb 4, 2015 at 6:34 pm02/4/2015 6:34 pm

      • 000

      I’d like to review the LCAP of a school that charges students for books, flagrantly violating the law.

      Any principal that would allow that to go on should be fired by the end of the day.

  6. Gary Ravani on Oct 29, 2014 at 2:21 pm10/29/2014 2:21 pm

    • 000

    From the above article:

    “But the law is still a bit of morass. Especially since there are separate regulations outlining 20 instances where a school may charge fees, and the boundaries aren’t always clear-cut.”

    Obviously, many schools are operating without clear legal guidance which, based on the above quote, may be because there is no clear legal guidance. What is often said of economists can also apply to the legal profession: “if you line up all the lawyers, end-to-end, they would still all point in different directions.”

    The bottom line is: Schools want to be able to engage students in a wide variety of educational activities that adds to the students abilities to make sense of their world and experience all that organized education can offer them. This includes sports, art, and other activities. In CA, with school funding per child funding near (or at) the lowest in the nation it creates an environment where schools get pretty creative, if not desperate, to find ways to fund the activities.

    There are consequences for not supporting the schools.


    • FloydThursby1941 on Feb 4, 2015 at 5:19 pm02/4/2015 5:19 pm

      • 11100

      In SF they only charge you if you lose or damage a book. However, at Lowell and even middle school it’s very hard to carry heavy books everywhere and those with money buy the books to have an extra copy at home, creating a substantial advantage. Of course some of it is money priority but it’s still easier the richer you are. I buy them. Some are cheap used, some not so much. I’ve paid over 100 and as little as 10 including shipping and handling.

  7. Patti on Oct 29, 2014 at 10:25 am10/29/2014 10:25 am

    • 000

    Interesting situation. My younger son brought home a request for donations letter from his teacher for the SLC program he is in at school. In the past the letter and the donation have been voluntary. My understanding is you can’t require parent/students to donate, on the same token should not be able to require you to tell them you cant donate. In the past it has never been a requirement to return this letter back in at all regardless if your donating or not.. Why would you need to keep tabs on who has and who has not? I decided to not return this letter because i dont feel like i should have to say “No. i will not doante at this time”. we have been at this school for 4 years, i have never had a teacher make this a class assignment. Because i choose not to divulge that i could not donate in the form of a letter my son was given a zero on this assignment as a result his grade dropped from an A to a B. My older son who is in the same SLC program did not turn the letter in and was not penalized for not doing so on his grades. This seems like the wrong tatic to use to get parents to want to donate money…


    • FloydThursby1941 on Oct 29, 2014 at 11:17 am10/29/2014 11:17 am

      • 000

      Requiring parents to state they can’t donate at this time raises donations and makes parents at least dig deep and think, is there a way I could cut back on something and donate a little? If you really honestly can’t, just say so, it proves you tried and thought about how important it was that everyone be a part of the solution. I think this is fair. The problem in not reaching targets is not parents who honestly think about it and state, I’m having a rough year, I can’t. The problem is parents who toss it aside, forget about it, and waste money on something and could have helped. If you honestly can’t but tried your best, don’t feel bad. I don’t donate some years. But at least be a part of the community and say no, I can’t, knowing that all kids benefit by all parents at least thinking about it. It’s every child, one voice. If you can’t donate that’s fine, but don’t mess up the system by not turning in the form. You undermine a system which will benefit children that way. If every parent who can’t donate has to look the teacher in the eye and state, I honestly can’t afford to donate now but I’ll try to find extra work or savings and donate in the future if I possibly can, or donate money, donations will increase and children will benefit. Plus teachers will know who is and is not telling the truth. It creates pressure. Just like Asian kids do way better than others (over 3.5 times as likely to get into a UC) due to pressure, donations by parents will go up due to pressure. Some parents may even borrow from a friend and pay them back later to make some small donation and not feel embarrassed.

      The only question you should be asking is will this benefit children? Every thing else is just smoke-filled, coffee-house BS! These are the facts, and they are undisputed.

      • el on Oct 29, 2014 at 7:02 pm10/29/2014 7:02 pm

        • 000

        Truly, any assignment that requires the parent to do something, means the grade is about the parent, not the child.

        And woe to a foster child with such an assignment.

        • FloydThursby1941 on Oct 29, 2014 at 7:55 pm10/29/2014 7:55 pm

          • 000

          Just ask your parent to fill out the form. Anyone will understand a foster parent can’t afford it or lacks the motivation but they can check no and fill out their name. However, a kid with $150 shoes who talked about a ski trip to Tahoe whose parents say no, their parents will seem like jerks. And rightfully so.

          • el on Oct 29, 2014 at 9:26 pm10/29/2014 9:26 pm

            • 000

            The state Supreme Court has ruled on this rather eloquently. A free public education is a free public education, and you’re entitled to one regardless of the list price of your shoes.

            Some parents are jerks or flakes or indifferent or whatever. That is sad. We shouldn’t punish their child more for that through the school system.

  8. dan fruzzetti on Oct 14, 2014 at 12:00 pm10/14/2014 12:00 pm

    • 000

    I understand it is illegal to single individuals out whose families have not donated in response to a particular request from the public school. However, I have a first-grader in a public school at which the teacher requests donations to the school on her website. The same teacher’s website maintains a list of names of students whose families have already donated.

    I know it’s illegal to publish a list of names of people who have not made a requested donation, but is it also illegal to publish a list of names of people who have (implicitly stating who has not)?

    Thanks for any guidance.

  9. Sports Mom on Oct 2, 2014 at 7:55 am10/2/2014 7:55 am

    • 000

    My daughter plays a sport in high school, a few weeks ago she brought home 5 tickets for a fundraising breakfast, they are $10 each. Just yesterday, she brought home 5 more tickets. The coach told the teams that they each are required to sell 10 tickets. This is a public school (in CA), I thought they could not make things like this mandatory?

  10. Cheer mom on Sep 20, 2014 at 4:47 am09/20/2014 4:47 am

    • 000

    I’m considering filing a complaint against my daughters’ school/cheer team. They make it mandatory to go to Florida in order to be on the competition squad. It is around $900 just for the trip to Florida. Plus they have other “voluntary donations” that aren’t really voluntary…. If you want your child to cheer all 4 years, you are looking at a total of around $5500. They keep individual logs of how much each child has “donated” and will tell you how much you owe. They also tell you that they know they aren’t really supposed to do this, so it needs to be very clear that this is not mandatory and you can opt out of Florida, and some of the other fees. But if you do opt out, you can not be on the competition squad. I have other parents of previous cheerleaders who will back up their tactics. I am considering getting an attorney to avoid getting blown off by the school administration. Is there an attorney in San Diego that has experience in these types of matters? Thank you.


    • FloydThursby1941 on Oct 2, 2014 at 11:59 am10/2/2014 11:59 am

      • 000

      Good idea. As a father of both a cheerleader and football player, I think this is a matter of equity. Football has never been a sport women like in large numbers nor become popular, every other male sport has it’s match but perhaps the inability to throw 40 yards or more and have deep passing, or some other reasons, make it not a good sport for girls. Every other sport is equally popular or close. In colleges, with Title 9, they have female rowers get scholarships to balance it out, and male rowers get nothing almost everywhere. In high school, they pay for football but don’t pay anything for cheerleaders. Why is that? Football players get a bus, cheerleaders have to have carpools. There are huge fees, none for football. Having a daughter costs 5500 more than having a son over 4 years in public school. If there is interest, school districts should pay for it, or PTSAs.

  11. Joseph on Sep 4, 2014 at 3:43 pm09/4/2014 3:43 pm

    • 000

    The Parent’s Club at our child’s elementary school have a “Fun Run” fundraiser coming up. Yesterday the children had an assembly at school to be indoctrinated with their donation booklet. Is this legal during school hours? The “Fun Run” will be conducted next week during school hours. The children have been instructed to raise money thru sponsors based on how many laps they complete. The more money a child raises, the bigger the prize they get for participating. Of course the children raising the most money will be praised. Isn’t this somehow discriminating against children based on income (since parents are usually the ‘sponsors’)? I understand aggressive fundraising, but the assembly and the upcoming “Fun Run” are both on school grounds during school hours. I appreciate your response:)

  12. Emma on Jun 10, 2014 at 1:42 pm06/10/2014 1:42 pm

    • 000

    So if my child comes home with a brown envelope stapled to her homework journal every three to four weeks, with the word “Due €100″ on it, it’s illegal? We pay for school books, printing costs etc as well as school trips etc.


    • el on Jun 10, 2014 at 2:27 pm06/10/2014 2:27 pm

      • 000

      Emma: In California, yes, those envelopes would not be legal. (We don’t usually get asked for contributions in €, either.)

      California kids are entitled to a free public education. You cannot refuse to educate them if their parents don’t send money for books, supplies, or trips. If it’s a required mainline school activity, than the school cannot require payment.

  13. James on Nov 8, 2013 at 6:58 pm11/8/2013 6:58 pm

    • 000

    Thanks for your article. I posted a comment with some questions, but included a copy here in case you’re no longer tracking that article. Thanks for any input!

    “Brooks Allen, director of education advocacy for the ACLU of Southern California, and you can’t have a field trip available only for those who pay. Allen said it’s all or nothing; either the school raises enough money for everyone, or no one goes.”

    Let’s say a district has several schools and each school has several classes. Each class voluntarily raises funds to go on a field trip. Some meet their target, while others do not, but as a whole, the school does NOT raise enough money for every class to go and have exhausted all fund raising efforts. Can everyone in the classes who did raise enough go, while the classes who did not meet their goal not go? Will it be some or all of the student at this school that will not be going?

    If another school in the district has raised enough funds so that everyone at that school can go on the trip, can they go?

    Would the outcomes be different for a week long overnight outdoor camp? EC 35335 pertains to school camp programs. Are there other statues that would be relevant?

    Thanks for any comments!

  14. K Davis on Oct 3, 2013 at 7:37 am10/3/2013 7:37 am

    • 000

    Thank you for a link to the uniform complaint form. The Williams complaint form that I found on the district site had no mention of fees, only lack of teachers and textbooks and school maintenance problems. I have already brought this to the attention of one principal and got no response. I did not want to have to go through the official complaint procedure, but it is looking like that will have to be my next course of action. Thank you!


    • navigio on Oct 3, 2013 at 7:48 am10/3/2013 7:48 am

      • 000

      Unfortunately, must of the ‘policing’ that gets done is put onto parents. There are audits now and then, but for the most part, nothing happens unless parents force the issue. Personally, I think thats a bad thing because it puts parents in antagonistic relationships with their schools, principals and teachers.

      If it were me, I’d approach a board member. They have the ultimate responsibility. If they were non-responsive, i’d ask them publicly at a board meeting.

      Regarding the form, maybe ask CDE what form you should be expecting to have available from your district, then you can ask someone there for that. CDE is usually pretty good at responding to questions like that.

    • K Davis on Oct 3, 2013 at 8:10 am10/3/2013 8:10 am

      • 000

      I guess that got posted twice…sorry!

  15. K Davis on Oct 2, 2013 at 9:16 pm10/2/2013 9:16 pm

    • 000

    This law has been in effect for a while now, and I’m wondering when my children’s school district will start abiding by the law? In the past month my sons teachers are having mandatory worksheet printout printed at home or they loose points, a band teacher that is expecting $195 mandatory direct donation and if we don’t pay he doesn’t go on field trips, a pe teacher that is giving out 5 free ‘A’s for participation in a paid event, a band teacher that sent out a notice saying that my son is required to have one of the following at home: a bell kit, a piano or a keyboard, a practice pad or snare drum and drum sticks and I’m wondering what is legal and what is not?


    • el on Oct 3, 2013 at 12:19 am10/3/2013 12:19 am

      • 000

      Your school district should have a Uniform Complaint Form. This is where you make your formal complaint.

      If you believe you have been charged an illegal fee or have been required to purchase materials that should have been provided by your school, you may file a complaint with the principal of the school.

      You may file an anonymous complaint, but if you do, the school will not be able to contact you to ask follow-up questions or to request additional information, so you should be certain that your complaint contains all of the information necessary to prove that the school charged an illegal fee.

      I heard about a situation in Salinas where parents were told the 6th grade kids had to sell 500 candy bars to go on a science camp field trip, and further, the kids were told that failure to raise the funds meant (a) that child would not go and (b) that child would get a failing grade in science.

      One would hope these things would resolve themselves, but if they persist, please do file the complaint. That is why it is there.

      Good luck.

      • el on Oct 3, 2013 at 12:21 am10/3/2013 12:21 am

        • 000

        By the way, for those of you more in the know, I can’t figure out how you file a complaint anonymously if you have to get the form from the principal. Is there a standard form online somewhere?

        • dan fruzzetti on Oct 14, 2014 at 12:15 pm10/14/2014 12:15 pm

          • 000

          I don’t believe you do it anonymously. By identifying yourself, yes it seems concerning because the district could retaliate against your child (even though it’s forbidden), but you are identifying the entire group of families who were wronged.

          Before last school year (2013-2014) at registration for my Kindergarten student, I was told, “The state of california requires one emergency kit for every student. Since your student is new here YOU HAVE TO PAY FOR IT.”

          AB1575 complaint form? You’re supposed to give it to the offending principal and allow a certain amount of time for them to address the issue. In my case, lots of families were told they were required to spend $15 extra, which is illegal in CA. In my case, it would be “file the form, then wait for them to repay EVERY parent who paid for the $15 emergency kit this year.” I decided to handle it privately by e-mail, which has not resulted in any issues supporting our child.

      • K Davis on Oct 3, 2013 at 7:41 am10/3/2013 7:41 am

        • 000

        Thank you for a link to the uniform complaint form. The Williams complaint form that I found on the district site had no mention of fees, only lack of teachers and textbooks and school maintenance problems. I have already brought this to the attention of one principal and got no response. I did not want to have to go through the official complaint procedure, but it is looking like that will have to be my next course of action. Thank you!

  16. Bea on Sep 4, 2013 at 12:47 pm09/4/2013 12:47 pm

    • 000

    There’s a distinction between PTA dues and donations to your school PTA to support programs and activities. You collect nominal annual dues (on the order of $10 or $25) and pass them along as a membership payment to the state organization. Pretty sure that state by-laws indicate that only parents who have paid those dues may vote in your meetings.

    The way we used to handle it was to allocate a portion of all donations to “membership” and the rest into the funds that supported teacher grants, field trips, enrichment, technology, etc. That way anyone who donated was a member and able to vote.


    • navigio on Sep 4, 2013 at 1:55 pm09/4/2013 1:55 pm

      • 000

      One of the reasons PTA donations are tax deductible is the assumption is that it provides general, non-exclusionary services and benefits. As long as PTA continues to do that, it seems it would be within the law anyway. If there is concern that a group is breaking this law, its tax deductible status might also be in jeopardy.

      However, note that for many the ‘measure’ of acceptable behavior is ‘do it till they arrest me’. Within the public school environment, many barriers exist to fundraising for student benefit, so this stance makes some sense; sometimes even when district staff indicates otherwise. If something is unclear, speak with your local BoE member in charge of policies and bylaws. Usually the goal is to limit liability, not to prohibit fundraising. So they should work with you to figure out how to make things right, assuming something is not.

  17. Karen on Sep 4, 2013 at 9:36 am09/4/2013 9:36 am

    • 000

    Does this ruling also apply to PTA membership dues? Our principal said we have to word our registration materials as “donations” rather than payments even for membership dues if the parents wish to join the PTA. That doesn’t make sense to me because it is a national organization, not actually a school event.


    • Manuel on Sep 4, 2013 at 10:48 am09/4/2013 10:48 am

      • 000

      Back when I was active in PTA, it was my understanding that PTA is a separate organization. It is a voluntary organization which is authorized by the local school board to be the liaison between the school/board and the community as its name implies.

      The PTA is a national non-profit corporation [aka a 501(c)(3)] and is entitled to collect dues from its members. (In fact, each local “association” has its own 501(c)(3) EIN number; this technically makes each local PTA an independent non-profit, even though it is affiliated with the state PTA and the state PTA is associated with the National PTA.) Money that the PTA collects from members and the general public is, by definition, a non-taxable donation in the eyes of the IRS.

      Why your principal is insisting that PTA behave differently is probably due to ignorance of the law and “The Fear of God” placed upon her/him by the unreasonable folks that run your district’s legal department.

      • el on Sep 4, 2013 at 1:41 pm09/4/2013 1:41 pm

        • 000

        It might be a matter of the principal and district wanting everyone to clearly understand that the PTA is an optional activity and that having your child enrolled does not obligate one to donate. I find it hard to fault school officials for wanting to make it extraordinarily clear.

        Our district has an independent PTSO (parent-teacher-student-organization) rather than a name-brand PTA to avoid the need for dues (which are paid to the national organization).

  18. Renae on Mar 15, 2013 at 6:59 pm03/15/2013 6:59 pm

    • 000

    RE: It doesn’t prohibit schools or parents from voluntary fundraising, said Bresee, but there’s not consensus on the parameters, those narrow gray spaces where a teacher or parent might cross the line between asking and mandating.

    There are no gray areas, there are only gray minded districts who think posting required legal verbiage is proof the district complies. Posting required legal language is for the purpose of informing the public of their rights, it’s up to the district to respond accordingly.
    The district (SVUSD) fails to comply when despite complaints of an extracurricular parent booster club routinely offer “opportunities” to “work off” the pre-determined “voluntary donation” with fundraisers and even crediting voluntary time to deduct from the amount, while keeping a balance left for the student to pay, and the district does nothing. The district was “ok” that the group made public all of the student’s fundraising efforts, and how much they had left to pay. NOT VOLUNTARY. no matter how many times the group may hand out a letter stating otherwise.
    Another way a district fails to comply is to allow retalaition against a parent who complains. Parent filed a formal uniform complaint with the SVUSD, 2 months later the same issue arises leading to the district forcing a coach to resign.
    The district discards their responsibility to protect the parent complainant’s identity and blatantly allows the parent booster club to publicly chastise the parent and enlists students to spread the same at school and social media for complaining, providing harassment for both the parent and her student.
    The gray area appears when a legal advisor attempts to reinterpret the law.

  19. Paul on Mar 13, 2013 at 4:43 pm03/13/2013 4:43 pm

    • 000

    Sue, there is fascinating information about charter school rules at the end of the “separate regulations” link in the main article.

    The state recommends sticking to particular fees that are explicitly authorized by law. Since charter schools are exempt from large parts of the Education Code, they happen to be exempt from some of the provisions that authorize fees!


    • Kathy Baron on Mar 14, 2013 at 9:08 am03/14/2013 9:08 am

      • 000

      Here’s the specific language that Paul is referring to:

      Ed. Code Section 47605(d) specifically prohibits a charter school from charging tuition,
      but does not mention fees or other charges. Charter schools are exempt from most laws
      governing school districts (Ed. Code Section 47610). However, the California
      Constitution, which is the highest law of the state, cannot be rendered inapplicable by
      the Legislature. Therefore, the free school guarantee of the California Constitution,
      Article IX, Section 5, applies to charter schools.

      Only some Education Code sections specifically authorizing fees have explicitly been
      made applicable to charter schools. Charter schools may only charge fees authorized
      by those Education Code sections that have been made explicitly applicable to charter
      schools. For example, charter schools can charge fees for food and field trips — subject
      to the restrictions on those fees as described in Section II, G and I, above — because
      the Education Code applies those provisions to charter schools.17 Conversely, charter
      schools cannot charge other “fees authorized by law” in Section II above, except to the
      extent that any such fees do not relate to an activity that is an integral component of
      public education.

  20. Kim on Mar 13, 2013 at 2:37 pm03/13/2013 2:37 pm

    • 000

    Did they clarify about summer school fees charged by local education foundations? I can’t remember if that ACLU lawsuit was related to this one or not. If so, what was the ruling on whether LEFs can charge fees for summer school?


    • Kathryn Baron on Mar 13, 2013 at 8:11 pm03/13/2013 8:11 pm

      • 000

      I contacted Brooks Allen with the ACLU of Southern California to get an answer for you. He cited this section on pages 8-9 of the November 2011 guidance memo from the California Department of Education: “No statute specifically authorizes tuition for summer school. Therefore, tuition or any such fee or charge related to summer school is prohibited under Title 5 California Code of Regulations, Title 5, Section 350, which precludes charging fees for educational activities not specifically authorized by law.”

      He adds that questions regarding the legality of specific summer school programs operated by local education foundations in conjunction with local school districts are best directed to the local school district’s counsel because the analysis is very fact specific.

      • Kim on Mar 14, 2013 at 9:26 am03/14/2013 9:26 am

        • 000

        thank you for asking!

      • navigio on Mar 14, 2013 at 12:03 pm03/14/2013 12:03 pm

        • 000

        He adds that questions regarding the legality of specific summer school programs operated by local education foundations in conjunction with local school districts are best directed to the local school district’s counsel because the analysis is very fact specific.

        If we have to do that the odds of getting an answer are slim. It would be useful instead to hear input from different communities/districts/board members on examples of what these criteria are. I expect there are many examples of programs where no one is realistically interested in contesting it because they risk losing access to the program altogether, even if it is ‘pay to play’ (I even expect many of those are locally subsidized for low-income families). That is of course what happens when the state tries to push more and more school funding responsibility onto individuals and communities.

        We know that the achievement gap is exacerbated over the summer but we dont fund summer school. We know that libraries correlate with achievement, but we cut those years ago. We know technology is essential for future jobs but we dont fund computer labs. Seems I’m in that parallel universe of insanity again… why do I see so many state legislators here..?

    • Suz on Mar 14, 2013 at 8:20 am03/14/2013 8:20 am

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      Kim, are you talking about summer school operated on behalf of the district providing classes for credit? Or are you talking about summer enrichment programs operated by the LEF using district facilities?

      • Kim on Mar 14, 2013 at 9:30 am03/14/2013 9:30 am

        • 000


        From Kathryn’s reply, I can tell that the “clarifications” about allowable fees is not a more current update to the issue around LEF’s and summer schools charging fees. My understanding is that there are very specific criteria that establishes an LEF’s independence from a school district that makes those fees allowable or not, which is why we are directed to seek counsel (since each situation is so specific).

  21. Sue on Mar 13, 2013 at 1:30 pm03/13/2013 1:30 pm

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    Do these regulations apply to charter schools as well?


    • Kathryn Baron on Mar 13, 2013 at 1:48 pm03/13/2013 1:48 pm

      • 000

      Yes, they do apply to charters.

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