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ACLU Reminds Parents Of Illegal School Fees

10News Investigation Probed San Diego Unified School District's Charging Of Fees

POSTED: 4:47 pm PDT September 5, 2010
UPDATED: 5:31 pm PDT September 5, 2010

As students return to school for another year, the American Civil Liberties Union wants parents to be aware of what the fees their child's school can and cannot charge them.

It's been a year since 10News exposed The San Diego Unified School District for possible violations to the California Constitution by charging fees to students for things like sports and cheerleading uniforms, school supplies and musical instruments.

Kevin Keenan with the American Civil Liberties Union said it was a violation of basic civil rights.

"Certain activities shouldn't only be made available to kids who can afford it," he said.

The California Constitution mandates that public education be provided to students free of charge, unless a charge is specifically authorized by law for a particular program or activity.

"This is case law goes back actually 25 [or] 50 years," said Keenan. "I think we have just forgotten what a free public education is supposed to mean."

State budget cuts for education have caused some schools to find ways to transfer costs to parents and families.

"We have a guarantee of a free public education for all kids and to push that on families who can't afford it is not fair," said Keenan.

A school cannot charge fees for uniforms for team sports and it is illegal to require team members to purchase items or require students to purchase items or require students to purchase an ASB card. Dues for any club or activity are also not allowed under the law.

However, there are some expenses a school can pass along, such as field trips, entrance to school events as a spectator, food, replacement for issued school supplies that were lost, and parking and transportation.

After a grand jury report prompted by a 10News investigation found the district illegally charged fees for student activities, the district agreed to cooperate with the ACLU and not charge illegal school fees.

The ACLU wants the district to know it is watching and wants parents to be aware.

"They should let us know if they are being forced to pay for regular school activities," said Keenan.

10News left several message with school officials asking for a comment, but the phone calls were not returned.
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