New Protections in Place Against Public School Fees

The state on Thursday reached a settlement with the American Civil Liberties Union over a lawsuit that aims to protect public school students from coughing up cash for their education.

By California law, public education is supposed to be free. The tentative resolution to the lawsuit filed in September doesn't change that. It sets up a system to educate students and parents of that right, enforce it and penalize violations.

The San Ramon Valley Unified School District already kept a close eye on the language used to solicit contributions. The district policies made it clear those donations are voluntary.

"We consistently remind our schools and departments (and did so recently again at a principals meeting) to make sure that the language on all of our information requesting donations spells out that these are voluntary contributions and not  'fees,' " said district spokesman Terry Koehne.

In the settlement, which requires new legislation and court approval, the state agreed to set up a monitoring and enforcement system, according to a press release on the ACLU's website. If approved, students and parents could challenge fees and be reimbursed.

"This is a historic settlement that puts an end once and for all to the pay-to-learn system," said Mark Rosenbaum, chief counsel of the ACLU/SC, in the press release.

The lawsuit, which was filed in Los Angeles Superior Court last fall, followed an investigation by the ACLU. It found students in some districts had to purchase textbooks, workbooks and assigned novels and were charged lab fees for science classes. 

In the wake of the lawsuit, several East Bay school districts took a closer look at their practices. For example, directing students to online stores without making it clear that payments — which can be as much as $400 for sports such as football — are voluntary.

San Ramon Valley schools charge parents hundreds of dollars to keep sports, arts and other programs up and running.

But with the economy forcing the state to slash funding for public education, local schools have turned more than ever to parents for financial support. The ACLU settlement will monitor those pleas for contributions to make sure it's clear to parents that those fees are voluntary.

"High schools do not receive district (tax dollar) funds for equipment, uniforms, transportation and most coaching stipends," reads an appeal from Cal High's athletics website, which calls for parents to pay their "fair share."

The athletic departments at Monte Vista High School has a similar disclaimer, noting financial contributions aren't necessary but encouraged. San Ramon Valley High School only urges parents to donate on the web pages for its academic and athletic booster clubs.

covers 80 percent of its sports budget from private sources such as booster clubs and voluntary pay-to-play fees—sometimes called "contributions" or "fair-share" fees. Those contributions dropped by 20 percent between 2008 and 2009, and 24 percent between 2009 and 2010, according to a budget report on the school's website.

Dougherty Valley High charges voluntary contributions of $430 to play football, $310 for girls golf, $240 for cross country and $425 for girls volleyball. Cal High charges $320 for water polo and $400 for football.

Kevin Johnson, Pleasanton Unified School District senior director of pupil services, said in September that Amador High School, which hosted a payment website, would add a disclaimer announcing that the fees are "optional but encouraged."

The Pleasanton district's fee policy was launched last year, Myla Grasso, district spokesperson, said in the fall.

Fees are a necessity for school districts grappling with decreased state funding, she said.

California's law, outlined in a , states mandatory fees for "extracurricular" activities violate the state constitutional guarantee to a free public education.

Sports, the court found, are an essential part of education, even if they are extracurricular, because they encourage community involvement and instruct students in the democratic process.