Ouran kL EEE ae Po 80x 87331 San Diego, CA 92138-7131 1/ 619-232-2123 F/ 619-232-0036 swweaclusandiega org August 13, 2010 Ken Noah Superintendent San Dieguito Union High School District 710 Encinitas Blvd. Encinitas, CA 92024 Re: Fees Charged for School Activities Dear Mr. Noah, The ACLU of San Diego and Imperial Counties is concerned about fees apparently being charged by schools in San Dieguito Union High School District for schoo! activities, in potential violation of the free schoo! guarantee in the California Constitution. We understand that schools in the district have been charging fees for participation in athletics, cheerleading, music and drama programs, and other extracurticular activities, and have been requiting students to purchase their own materials and equipment for school activities. Such fees would violate the California Constitution’s free school guarantee. Article IX, section 5 of the California Constitution guarantees all children access to a free public education, and has been interpreted to include extracurricular activities offered by public schools. Hartzell v. Connell, 35 Cal.3d 899, 913 (1984). The California Supreme Court found that “extracurricular activities constitute an integral component of public education.” Id. at 909. ‘Therefore, “all educational activities - curricular or ‘extracurricular’ ~ offered to students by school districts fall within the free school guarantee of article IX, seetion $.” [d. at 911 Applying this rationale to fees charged for participation in dramatic productions, musical performances, and athletic competition, the court held that “the imposition of fees for ‘educational activities offered by public high school districts violates the free school guarantee.” Id. at 913. While many schools have attempted to justify otherwise unconstitutional fees with a fee waiver provision for indigent students, the California Supreme court has made it clear that a student's participation in schoo! programs may not “be conditioned upon application for a special waiver. The stigma that results from recording some students as needy was recognizedAugust 13, 2010 Ken Noah Page 2 carly in the struggle for free schools.” Id, at 912. “The constitutional defect in such fees can neither be corrected by providing waivers to indigent students, nor justified by pleading financial hardship.” Id. at 913. In addition to constitutional prohibition on fees in public schools, the California Administrative Code states that “A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.” Cal, Code Regs. Tit. 5 § 350. The court in Hartzell applied this provision to fees for extracurricular activities, holding that “title 5, section 350 bars school districts ftom charging fees for educational extracurricular activities. The Legislative Counsel has interpreted title 5, section 350 to bar fees for school-sponsored extracurricular activities such as school athletics and drama activities.” Hartzell, 35 Cal.3d at 913. Our information suggests that schools in your district are currently charging a number of different of fees which conflict with the legal standards discussed above, The following information regarding fees that SDUHSD schools are currently charging or have charged in recent years has been gathered from schools’ websites, booster club or PTA meeting minutes, emails sent from teachers and coaches to parents or other interested individuals, as well as other sources © Students at Earl Warten Middle School are required to supply their own instruments to participate in the school band. © Torrey Pines High band and orchestra members are expected to purchase tuxedos (listed at around $90). Students are required to supply their own equipment, including tuners, metronomes, mutes, reeds, and drum sticks, Athletes at Torrey Pines High School and Canyon Crest Academy, and San Dieguito Academy have to pay a $100 transportation fee in order to participate in school sports. * Parents of students on the Torrey Pines High girls’ golf team last year were expected to pay $400 for their students to play on the team. * La Costa Canyon High students taking AP calculus are required to purchase a graphing calculator, priced at $75-100 for a new calculator. Math students at San Dieguito Academy must have their own scientific or graphing calculators, These fees, if they are in fact being charged, would be in violation of the free school guarantee of the California constitution. The district should ensure that no student in the district is required to pay fees or cover their own expenses for participation in any educational activity offered by their school. We are aware that many of these fees may have been imposed by individual schools or teachers, coaches, and other school employees, perhaps without the consent of the district, It is important, therefore, that all schools in the district are made aware of the legal standards regarding school fees, and that such standards are enforced throughout the district, To confitm the district’s current policies and practices regarding fees, if any, charged to students, we submit the following request for public records.‘August 13,2010 Ken Noah Page 3 Pursuant to the California Public Records Act (Government Code § 6250, ef seq.), we request information regarding fees charged by schools in San Dieguito Union High School District for curricular or extracurricular educational activities. We seek responsive records! in your agency's possession, regardless of source, that contain, describe, refer or relate to: 1. Any policies, procedures, guidelines, instructions, ot training materials relating or roferting to fees charged by the district or individual schools and teachers for school activities. 2. Communications within or between the district, schools, teachers, coaches, or other school or district employees regarding the imposition or collection of fees charged to students and parents for school activities. 3. Any information given to parents or students including course syllabi, student handbooks, information packets given out to members of teams or clubs, emails, letters, or handouts sent to students or parents, flyers or posters advertising activities, etc., which discuss fees for participation in those activities or expenses associated with participation, such as purchase of uniforms or other equipment. . 4, Information on materials or equipment required for participation any class or other school activities that is not supplied by the school or district, such as books, calculators, uniforms, instruments, and art supplies, which students are expected to. supply themselves. 5. Information on fundraising requirements for students participating in school activities. 6. Records to requests for payment sent to parents and students, including notices of overdue fees, or warnings of the consequences of failure to pay required fees. 7. Information on the consequences of failure to pay the required fees for school activities. 8. Records of fees already collected from students or parents for school activities. 9, Information on any waiver programs exempting students from fee requirements for any reason, including informal waiver programs (¢.g, students may speak with the teacher or coach if they have trouble paying the required fees), or scholarship programs, in which students are provided with scholarships to cover the cost of participation fees. " As used herein, the term “records” covered by this request includes, but is not limited to: intemal and external correspondence (including email), memoranda, drafts, notes, outlines, policies, procedures, regulations, directives, structions, orders, bulletins, pamphlets of brochures, scripts, handouts, training manuals, guidance, guidelines, data, technical manuals, technical specifications, analyses, evaluations, reports, summaries, writings, logs and other writen records ar records by any other means, including but not limited to records kept on computers, computer source and object code, electronic communications, computer disks, CD-Rom, video tapes, or digital video discs.August 13, 2010 Ken Noah Page 4 10, Information on expected costs for activities such as school athletics, performing arts, fine arts, or other programs, and how those programs will be funded. 11. Records of discussion among booster clubs, PTAs, or other parent or community organizations relating to the imposition of fees for school activities. 12. Any complaints received by the district regarding the illegal imposition of fees for school activities, as well as any responses to such complaints. To the extent any requested records contain personal information protected by educational privacy or other similar laws, we request production of such records with the protected information redacted. We request that any records that exist in electronic form be provided in electronic format on a compact disc, Because we are a nonprofit organization, we ask that you waive any fees that would normally be applicable to a Public Records Act request.” The records requested are sought to benefit the public interest by contributing to public understanding of the fees currently being charged by public schools in San Diego County. Please inform us in advance if fees are not waived and expected costs exceed $50. ‘The California Public Records Act requires that you respond to this request within ten days, either by providing the requested information or by providing a written response setting forth the legal argument on which you rely in failing to disclose each document. If we can provide any clarification that will help identify responsive documents or focus this request, or if you have any questions regarding this request, please contact me at dblairloy@aclusandiego.org or (619) 398-4496. Thank you in advance for your timely consideration of this request. Please furnish records to the undersigned at: ACLU of San Diego and Imperial Counties P.O. Box 87131 San Diego, CA 92138 Sincerely, Legal Director * See North County Parents Org, v. Dep't of Educ, 23 Cal, App. 4th 144 (1994), Gov't Code §§ 6253, 6255,