The district shall not charge a pupil fee for participation in an educational activity, except as specifically permitted by state law.

All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge.

This policy should not be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or schools providing pupil prizes or other recognition for voluntary participation in fundraising activities.

A fee waiver policy shall not make a pupil fee permissible.

The district shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil’s parents or guardians, and shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil’s parents or guardians did not or will not provide money or donations of goods or services to the district.

The following definitions shall apply for purposes of this policy:

(a) “Educational activity” means an activity offered by a school, school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.

(b) “Pupil fee” means a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following:

(1) A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.

(2) A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform, or other materials or equipment.

(3) A purchase that a pupil is required to make to obtain materials, supplies, equipment, or uniforms associated with an educational activity.

Complaints of non-compliance with this Board Policy shall be filed in accordance with Administrative Regulation 3260: Pupil Fees and using the Uniform Complaint Procedures (BP1312.2).

California Constitution, Article 9, Section 5

Education Code sections 49010-49013
Title 5 California Code of Regulations, Section 350

Policy Adopted: February 5, 2013

Administrative Regulation