Beruflich Dokumente
Kultur Dokumente
Debra Brown
California School Boards Association
AGENDA
Welcome
Prologue: What a free public education means
ACLU Lawsuit
Jane Doe v. State of California (2010)
Legislative Update: AB 165 (Lara)
To charge or not to charge: What is allowed
Questions?
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THEMES
A shift of emphasis from:
Individual to group responsibility for fundraising
Conditioning individual participation on
fees/fundraising to adjusting the scope of the
program to available funds
Student waivers to a system of opting-in
Foundations and booster clubs are more
important than ever!
CALIFORNIAS SYSTEM OF
FREE PUBLIC EDUCATION
The Legislature shall provide for a
system of common schools by which a
free school shall be kept up and
supported in each district
at least six months in
every year
California Constitution, article IX, section 5
[t]hese [educational]
opportunities are a right
to be enjoyed without
regard to economic
status
Education Code 51004
HARTZELL v. CONNELL
(1984) 35 Cal. 3d 899. (California Supreme Court.)
HARTZELL v. CONNELL
(1984) 35 Cal. 3d 899. (California Supreme Court.)
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AB 165 (LARA)
Introduced in response to suit filed by ACLU
against the state
If signed by Governor takes effect for the
2011-12 school year
Provides definitions, complaint procedures,
reimbursement process and audits
Applies to all public schools including charter
and alternative schools
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RED FLAGS
Terms: fee, required,
mandatory
Student-required classroom
contributions/essential supplies
Costs for mandatory off-site
activities/extra credit projects
for mandatory course work
(i.e., concert, museum, theatre
to be integrated into an in-class
project)
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BOTTOM LINE:
If its necessary for participation in the schoolsponsored program or activity, you may not
charge.
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FEE WAIVERS
Fee waiver or opt out will not make fees
to other students permissible
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UNIFORMS
A school district has a basic duty to provide
supplies which are necessary to fulfill
schools educational program
Includes school-related extracurricular
programs
Cheer, band, basketball, track, etc.
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UNIFORMS
School must provide a free uniform to any
student who is a member of the school team
free of charge.
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UNIFORMS
If the uniform item is required, the district
must provide free of charge
Not required to fund extra items
Students may elect to purchase and
keep items at their own expense
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DONATIONS
Schools, foundations, booster clubs
may solicit donations from students,
parents, community
As long as process is voluntary and
in no way prerequisite to participation
in program or activity
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DONATIONS (CONT.)
Any statement or explanation related to a
donation that could lead a reasonable
person to believe that the donation is not
truly voluntary should be avoided
Examples:
Specified minimum amount of donation
Date by which donation is due
Lesser donation amount if funds are
received early
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DONATIONS (CONT.)
Any statement or action that exerts explicit
or implicit pressure on students or parents to
make donation should be avoided
Examples:
Benching player for failure to make donation
Barring player from tryouts for not paying
fee to attend summer camp
Requiring a donation for required part of
cheerleading uniform
DONATIONS/FUNDRAISING STRATEGY
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FUNDRAISING AVENUES
Fees/Charges
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FUNDRAISING
Permissible, as long as raising of funds
is voluntary
Not allowed: requiring that students raise
funds or pay fee themselves
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FUNDRAISING (CONT.)
Allowed: requiring a student to attend a
fundraising event in same way as
attendance at games, rehearsals,
performances
Example:
Requiring members of vocal choir to perform
at a school fundraising concert
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TRACKING DONATIONS/FUNDRAISING
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DONATIONS/FUNDRAISING SUGGESTIONS
Not allowed: Parent letter stating that the
required donation is $180 for uniform
Allowed:
Selling optional spirit packs
Sending letter soliciting parent donation to
program
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Questions?
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THANK YOU
Webinar and slides may be accessed at:
www.csba.org
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CONTACTS
Howard Friedman
Fagen, Friedman & Fulfrost LLP
hfriedman@fagenfriedman.com
www.fagenfriedman.com
Debra Brown
California School Boards Association
dbrown@csba.org
www.csba.org
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