Student Fees, Donations and Fundraising

The subject of student fees, charges, deposits, donations and fundraising related to courses and activities has been at the forefront of public attention locally and nationally.  Parents, guardians, students, faculty, and staff should direct questions about school-specific matters needing clarification/explanation directly to the school's principal.  For more information, please see the sandi.net website under the “Student Fees” tab - “Guidelines for District Staff and Parents Regarding Student Fees, Donations and Fundraising” section.

 

Summary of Rule:  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 constitutional right of free access encompasses all educational activities, whether curricular or extracurricular, and regardless of whether credit is awarded for the educational activity.  The right of free access also prohibits mandated purchases of materials, supplies, equipment or uniforms associated with the activity, as well as the payment of security deposits for access, participation, materials or equipment.  Finally, a process that allows for a waiver process for an otherwise mandatory fee, charge or deposit does not render it constitutionally permissible.

 

Some examples where fees can not be charged: (see guidelines for more examples)

• ASB stickers/cards are optional item for all students; students cannot be required to buy ASB stickers/cards in order to run for an office or as a condition to participate in a club/organization or try out for a team or sport.
• A school must provide a free uniform to any student who is a member of the school team in question.
• Spirit packs may be sold; however, you cannot require a student to purchase a spirit pack as a prerequisite to participate in a sport
• School-associated club sports are extracurricular activities and, therefore, subject to the same fee limitations as any other extracurricular activity; funding must be through donations, not mandatory fees

 

Exceptions:  There are specific fees, charges and deposits that are legally permissible because they are specifically permitted by law; such as" (see guidelines for more examples)

• Charges for optional attendance as a spectator at a school or District sponsored activity
• Fees for field trips and excursions in connection with courses of instruction or school related social, educational, cultural, athletic, or school band activities, as long as no student is prevented from making the field trip or excursion because of lack of sufficient funds

 

Donations:  School districts, schools, programs, and classes can and do seek and accept donations of funds and property, and this practice is permissible as long as the donation is truly voluntary and in no way a prerequisite to participation in the program or activity.  Any statements or actions that exert explicit or implicit pressure on students or parents to make a donation are to be avoided, and the reason a student or family does not make a donation is not a subject for inquiry

 

Fundraising:  School districts, schools, programs and classes can and do engage in fundraising activities and programs, and this practice is permissible as long as the raising of funds is voluntary.  Just as a coach can expect players to attend practices and games, he/she can expect players to attend a fundraising event as long as the requirement is to attend rather than to raise money as a condition of participation in the activity or program.  A student who is asked to but does not raise funds may not be denied participation in an educational activity.