A new bill that seeks to crack down on illegal school fees is moving through the state Legislature, but it faces a lukewarm reception from lawmakers and some education groups.
With a 6-3 vote last week, AB 1575 [PDF] made it out of the Assembly Education Committee and is now being reviewed by the Appropriations Committee.
But influential groups, like the Association of California School Administrators and California Association of School Business Officials, criticized the measure, saying it would increase the burden on struggling schools. That argument picked up steam as Assemblyman Donald P. Wagner, R-Irvine, asked if the bill was too similar to a previous one that Gov. Jerry Brown killed for "going too far."
Assemblywoman Joan Buchanan, D-San Ramon, questioned the bill's suggested process for complaint resolution. Buchanan also voiced concerns that the repayment requirement would be too harsh for some schools that simply might have made a mistake. She ultimately withheld her vote.
"Children are entitled to a free and appropriate education," Buchanan said. "I just want to make sure we are dealing with it in a fair and rational manner. … School districts are under really hard times right now."
Assemblyman Ricardo Lara, D-South Gate, who introduced the bill, said he was working with Assembly Speaker John A. Pérez's office to amend possible problem areas.
The California Association for Bilingual Education, Californians Together, the California Catholic Conference, Public Advocates and the American Civil Liberties Union told lawmakers that they supported Lara's bill, saying the legislation protects the equal opportunity rights of students from low-income families.
"One-fifth of all public school principals surveyed by UCLA last year reported that their schools have begun requiring students and their families to pay for instructional materials," said Brooks Allen, director of education advocacy for the ACLU of Southern California. "This increasing use of fees places students from low-income families at a disadvantage academically and all too often results in students being singled out for failure to pay these fees."
In 1984, the state Supreme Court ruled that schools that charge children to participate in extracurricular activities violate the state's constitutional guarantee to a free education. In 2010, numerous examples surfaced of schools levying hundreds and, in some cases, thousands of dollars in fees for participation in sports, art, home economics and music classes.
Lara introduced the measure Feb. 1, days after a Los Angeles County Superior Court judge refused to dismiss an ACLU lawsuit accusing the state of allowing schools to charge for participation in classes and extracurricular activities.
The state attorney general's office, Department of Education, state Board of Education and superintendent of public instruction wanted the case dismissed, arguing that it wasn't their responsibility to ensure school districts comply with the law. But Superior Court Judge Carl West found the state's arguments "not persuasive."
If Lara's bill is successful, school districts must review their operations annually to check for illegal charges. The reviews would start during the 2012-13 fiscal year. The bill would require any improper fees to be publicly reported to the local school board.
The measure also mandates that all schools have a complaint process that enables parents to question fees and receive resolution within 30 days. Schools that don't have a process now would be required to create one by March 1, 2013.
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