REPORT TO THE HOUSE AND SENATE COMMITTEES ON

EDUCATION OF THE LOUISIANA LEGISLATURE

RESPONSE TO HOUSE CONCURRENT RESOLUTION 137

OF THE 2016 REGULAR SESSION

March 1, 2017

FROM THE STATE BOARD OF ELEMENTARY

AND SECONDARY EDUCATION

Prepared by the Louisiana Department of Education



OVERVIEW OF THE RESOLUTION

House Concurrent Resolution 137 urges and requests the Board of Elementary and Secondary
Education to study the prevalence and use of student fees in public elementary and secondary
schools in Louisiana and to submit a written report of findings and recommendations to the
House Committee on Education and Senate Committee on Education no later than March 1,
2017.

FINDINGS

General Information on Student Fees

In response to this request, the Louisiana Department of Education (LDE) developed an online
survey about student fees and asked local education agencies (LEAs) to respond. The survey
consisted of nineteen questions. Nearly every local education agency (99 percent) responded.

The survey asked LEAs to identify whether they have policies governing the establishment, use,
and oversight of student fees, what student fees are charged, and how decisions are made to
waive the assessment of fees when students are unable to pay them. While all LEAs reported
that they assess some type of fee from students, only 56 percent indicated that they have a
policy regarding the same. Of those LEAs with a fee policy, 71 percent do not indicate how the
fees are to be collected or spent. Most LEAs (89 percent) do not publish a listing of student fees
on their website.

The majority of respondents reported that school leaders/principals establish student fees and
determine how the fee revenue is spent. Most LEAs indicated that school leaders/principals
make decisions as to whether to grant requests for waivers based on a students inability to
pay. Roughly half of respondents indicated that there are no consequences for non-payment of
fees. Ten percent stated that students would be ineligible for certain services or activities. Five
indicated that they withhold student records until fees are paid. It is unknown how the
remainder of LEAs addressed non-payment of fees and whether students access to services or
activities is restricted.

When asked about regular reporting to local school boards or school governing authorities
about the establishment, collection, and use of student fees, 22 percent of LEAs indicated that
they provide such reports on an annual or semi-annual basis.

Types of Student Fees Charged

LEAs reported that they charge multiple types of fees to students at a variety of costs. They
identified the following:

Registration 12 (8%)
Homeroom 9 (7%)
Identification (ID) badge 31 (23%)
Locker fee 23 (17%)
Physical education (PE) uniform 36 (27%)
Parking 31 (23%)
Technology 20 (15%)
School supplies 33 (24%)
Late/tardy fee 2 (1%)

Of those fees listed above, the cost ranges from a high of $95 for school supplies and a low of
$10 for locker fees.

Fees Charged to All Students

$100
$90
$80
$70
$60
$50
$40
$30 Cost of Fees
$20
$10
$0

Fees for academic courses and course materials were also reported. While 45 percent of LEAs
noted that they did not charge course fees, 24 percent indicated that they do charge for course
materials and lab fees, and 21 percent charge for tuition and/or fees for dual enrollment
courses. Seventeen percent reported charging a course/subject fee and 13 percent charge for
technology or equipment.

Twenty-two school districts and one charter school charge students for taking dual enrollment
courses, up to $300 per course. One district indicated that it charges for books only.

Fees Charged for Academic Courses

$350
$300
$250
$200
$150
$100
$50
Fee Costs
$0

LEAs also indicated that they assess fees associated with participation in extracurricular
activities, like sports and clubs. The majority of these fees (71 percent) are for membership
dues and uniforms and the cost of participating in competitions. Some LEAs indicated that they
hold fundraisers to assist with the cost of students traveling to compete.

Two LEAs indicated that they assess fees for cell phone violations; one charges students and
parents up to $200 to obtain a cell phone that has been seized by school staff.

LEAs also reported total fee revenue received in FY16, from zero to $932,920. When dividing
total fee revenue by total student enrollment, the average fees per student range from under
$1 to almost $65. The LEAs that reported fee revenue enrolled between 40 and 93 percent
economically disadvantaged students.

State Laws Regulating School Fees

Louisiana has very few state laws or regulations regarding the assessment of student fees. R.S.
17:112(C), however, does provide that student academic records cannot be withheld for failure
to pay a fee. While the absence of state policy on this does empower LEAs to address these
issues at the local level, it does result in variations across the state.

Some other states have laws or regulations regulating the assessment of student fees. They
include the following:

California: The state prohibits a student from being required to pay a fee for participation in an
educational activity. The law defines fees, lists prohibited fees, and addresses complaint
procedures.1

Idaho: A lawsuit filed against the West Ada School District in 2012 for charging school fees was
decided in 2015. The judge ruled that requiring certain fees violated the Idaho Constitution. The
citizen who filed the lawsuit did so following his grandchildren being charged to register for
kindergarten and having to pay for supplies and milk. The ruling did not order the school to stop
charging fees for classes, but it required the district to repay the plaintiff for what he was
improperly forced to pay.2

Illinois: School districts are required to waive charges for textbooks and fees for children, whose
families are unable to afford them, including children eligible for the federal free and reduced
meal program. The law provides school districts with two waiver application options.

Option 1 allows the use of a students application for free and reduced price meals
under the federal program as the basis for granting a school fee waiver.
Option 2 provides for the establishment of a separate application process to determine
a students eligibility for school fee waivers based upon the income guidelines
established by the federal meals program that does not rely on a students application
for, eligibility for or participation in the free or reduced price meals program.3

Iowa: The Iowa Department of Educations website provides responses to frequently asked
questions about student fees, which are addressed in the Iowa Code. Allowed fees are limited
to:
Textbooks
School supplies
Summer school programs
Driver education programs
Transportation fees for resident students who are not otherwise entitled to free
transportation
Eye protective devices
Ear protective devices
School meals
Nonresident student tuition


1
Article 5.5 Pupil Fees 49010. Retrieved from
http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201120120AB1575
2
Rodine, Kristin. (2015, November 17) District judge finds West Ada school fees violate Idaho Constitution. Idaho
Statesman. Retrieved from http://www.idahostatesman.com/news/local/education/article45277578.html
3
Illinois State Board of Education. School Fee Waivers and Verification Process. Public Act 96-0360.
https://www.isbe.net/Pages/School-Fee-Waivers.aspx

Fee waivers must be granted if the student or the students family meets the financial eligibility
criteria for free meals, if the student is in foster care, or if certain other criteria are met. The
state also provides for partial waivers based on financial eligibility criteria and uses a sliding
scale to determine the amount that must be paid.4

Michigan: In Michigan, local school districts may not charge fees for:
Towels, locks, and lockers
Shop materials
Drafting supplies
Home Economic materials
Workbooks
Materials in science class
Trips that are required to achieve course credit
Vocational or special education5

Minnesota: Minnesotas law lists specific fees that districts are allowed to charge. Districts may
waive fees for disadvantaged students. Prohibited fees include instructional materials and
supplies, required library books and school activities, graduation caps and gowns, and lockers.6

Mississippi: Local school districts may charge reasonable fees for supplemental instructional
materials and supplies and extracurricular activities. They are required to have a financial
hardship waiver policy in place and any family that qualifies for free and reduced price meals
must receive a financial hardship waiver.7

Nebraska: A local school governing authority may require and collect fees from students to
provide specialized equipment or specialized attire for the following:

Participation in extracurricular activities

Admissions fees and transportation charges for spectators attending extracurricular
activities
Copies of student files or records
Educational property lost or damaged by the student
Before and after school or pre-kindergarten services
Summer school or night school
Parking

4
Iowa Department of Education. Fees (August 2016 School Leader Update). Retrieved from
https://www.educateiowa.gov/resources/laws-and-regulations/legal-lessons/fees-0
5
Michigan Department of Education. (March 1972) State Board of Education Position Statement on Free
Textbooks, Materials and the Charging of Fees. Retrieved from
https://www.michigan.gov/documents/freetextbooksmaterialsandchargingfees_122776_7.pdf
6
Minnesotas Public School Fee Law and Education Tax Credit and Deduction. Retrieved from
http://www.house.leg.state.mn.us/hrd/pubs/feelaw.pdf
7
Mississippi Code of 1972, Title 37. Education. Chapter 7 37-7-335. Establishment of fees; hardship waiver policy.
Retrieved from http://www.lexisnexis.com/hottopics/mscode/

Breakfast and lunch programs 8

North Carolina: State law does not permit schools to collect fees from students without
approval from their local board of education. Districts cannot charge a fee for textbooks. If a
local school board authorizes the assessment of any fees, it must be reported to the
Superintendent of Public Instruction.9

Ohio: State law prohibits schools from charging general school fees to students who qualify to
receive free school meals. The law applies to any materials needed to enable the student to
participate fully in a course of instruction. It does not apply to extracurricular activities or
school-sponsored non-academic activities.10

Oregon: The state prohibits fees that have the effect of limiting admission to public schools.
School districts may require fees for PE uniforms and towels if students do not furnish their
own. They may also charge fees for use of musical instruments, extracurricular activities, and
security deposits for athletic equipment.11

South Carolina: South Carolina permits school districts to charge incidental fees. Fees may not
be charged to students eligible for free meals and must be reduced for students eligible for
reduced price meals.12

Utah: The state provides waivers from fees to ensure that no student is denied the opportunity
to participate in or benefit from an activity or service. There policy also includes alternative
options that include installment payments, community service, and work projects.13

Virginia: Local school boards that charge fees are required to have a policy and a fee schedule in
place. The policy must include provisions for reducing or waiving fees due to economic
hardship. The law also includes a list of prohibited fees and fees that may be charged. Fees
must be consistent across the school district, and they may not be used to charge students for
enrollment and instructional programs and activities.14

Wisconsin: The Supreme Court of Wisconsin addressed student fees in the 1974 case, Board of
Education v. Sinclair. The court concluded that public schools may sell or charge fees for the use
of books and items of a similar nature, except in cases of indigence. The court also indicated

8
Nebraska Revised Statute 79-2, 127. Student Fees Authorized. Retrieved from
http://nebraskalegislature.gov/laws/statutes.php?statute=79-2,127
9
Article 5 Local Boards of Education. G.S. 115C-47. Powers and duties general. Retrieved from
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0115c
10
Ohio Revised Code, Title 33, Chapter 3313.642. Retrieved from http://codes.ohio.gov/orc/3313.642
11
2015 Oregon Revised Statutes, Vol. 9, Chapter 339, Section 339.155. Prohibitions of certain fees as condition of
admission. Retrieved from https://www.oregonlaws.org/ors/339.155
12
Title 59, Chapter 19, Article 1, Section 59-19-90. Retrieved from
http://www.scstatehouse.gov/code/t59c019.php
13
Utah Code, Title 53A, Chapter 12, Part 1, Section 103. Waiver of Fees. Retrieved from
http://le.utah.gov/xcode/Title53A/Chapter12/53A-12-S103.html?v=C53A-12-S103_1800010118000101
14
Title 8, Agency 20, Chapter 729, Section 80. Student Fees and Charges. Retrieved from
http://law.lis.virginia.gov/admincode/title8/agency20/chapter720/section80/

that charges for social and extra-curricular activities are permitted because they are not
necessary elements of a high school career.15

CONCLUSION

The assessment of fees to students attending public schools should be addressed with extreme
caution in order to provide all students with equitable access to a quality education, particularly
in a state whose student body is 71.3 percent economically disadvantaged. Local school
systems should adopt policies that outline the consistent establishment, collection, and use of
fees, and require the granting of waivers for economically disadvantaged students. Such
policies and waiver opportunities should be posted publicly and widely disseminated to ensure
that students are not denied the opportunity to fully participate in school, receiving access to
rigorous and enriching courses and experiences that are essential for a high-quality, well-
rounded education. Local school governing authorities should regularly monitor the use of fees
to ensure that they are appropriate, that fee revenue is being used for its intended purpose,
and that waivers to economically disadvantaged students are available, are applied for by the
most at-risk students, and being approved in a consistent manner.

15
Board of Education v. Sinclair. 65 Wis 2d 179 (1974). Retrieved from
http://law.justia.com/cases/wisconsin/supreme-court/1974/268-13.html