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Fees for Public Schools

Posted by Tom on January 19th, 2007

The Deseret News ran an article about HB 68, which allocates state money to reimburse local districts for the cost of fee waivers.

Rep. Merlynn Newbold, R-South Jordan, suggested looking at boosting the state’s per-student funding formula to get rid of fees altogether, if equity is the question. She and two others voted against the bill.

“We pass laws that make it mandatory kids go to school, then you have mandatory fees when you get there,” Newbold said.

Deseret Morning News, “Schools may get help with fee-waiver costs”, 17 January, 2007
Referenced Thur, 18 January 2007, 16:20 (MDT)

I think Rep. Newbold is on the right track. Fees for participation in core academics are not in keeping with the ideals of a free public education system. Having attended public school in another state, I was surprised to discover many Utah schools charge fees for participating in the core curriculum. In many areas, students can’t graduate without incurring mandatory fees.

The Utah Constitution says public education should be free, and allows high schools to charge minimal fees.

Article X, Section 2. [Defining what shall constitute the public school system.]
The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate. The higher education system shall include all public universities and colleges and such other institutions and programs as the Legislature may designate. Public elementary and secondary schools shall be free, except the Legislature may authorize the imposition of fees in the secondary schools.

Utah Constitution, Article X, Section 2, emphasis added

I think this language is an anachronism, representative of a time when a high school education was uncommon, and not nearly as vital as it is today.

It seems the legislature agrees on some level, because that’s how I read the intent of the Utah Code.

53A-12-102. State policy on student fees, deposits, or other charges.
(1) A fee, deposit, or other charge may not be made, or any expenditure required of a student or the student’s parent or guardian, as a condition for student participation in an activity, class, or program provided, sponsored, or supported by or through a public school or school district, unless authorized by the local school board under rules adopted by the State Board of Education.
(2) A fee, deposit, charge, or expenditure may not be required for elementary school activities which are part of the regular school day or for materials used during the regular school day.

Utah Code 53A-12-102

In other provisions of the code (all in 53A-12, if you’re interested), the legislature also indicates that required programs should be free, but allows for the same exceptions as provided in 53A-12-102.

53A-12-201. State policy on providing textbooks.
(1) It is the public policy of this state that public education shall be free.
(2) A student may not be denied an education because of economic inability to purchase textbooks necessary for advancement in or graduation from the public school system.
(3) A school board may not sell textbooks or otherwise charge textbook fees or deposits except as provided in Title 53A.

Utah Code 53A-12-201

Wait just a minute, though. Take a look at 53A-12-201 (3). How then are districts charging textbook fees? Because the State Board of Education allows it, and the local boards allow it according to 53A-12-102 (1). It’s a bit convoluted, but bear with me. The Board rule allowing the practice is R277-407. In particular:

R277-407-3. Classes and Activities During the Regular School Day.
…
B. Textbook fees may only be charged in grades seven through twelve.

Utah State Board of Education, Rule R277-407

Hmmm. I’ve spent time railing against textbook fees, thinking the problem lies in Utah Code, to the fault of the legislature. I was wrong—it’s in my own back yard, as it were.

Usage fees

Some consider textbook fees and other mandatory fees to be a “usage fee,” or an additional tax borne by those with children in school, who (under this argument) are the primary beneficiaries.

The public is the primary beneficiary. It is in the public’s interest to provide all students an education through high school. All citizens receive a benefit, just as with police or ambulance services, or community parks. Not only that, but we, as a citizenry through our elected representatives, have seen fit to make participation obligatory. Thus, the public body as a whole should bear the cost of the system we both require and benefit from.

Fee waivers

I know someone is itching to make a comment about fee waivers, and how that should address the issue. I disagree. Fee waivers are usually based on the federal free/reduced lunch standard, which I believe gives disproportionate subsidies to very large families. This translates to fees for a) middle income smaller families, and b) fees for rich families. It’s an odd way to tax, particularly when it’s not subject to the same level of scrutiny as property tax increases or bonding, for example.

Next step

I intend to propose language for a Board rule change that would prevent districts from imposing mandatory fees for courses required for graduation. Every rule change has unintended consequences. One obvious one is a revenue loss, that I hope will be mitigated by this year’s likely large increase in funding from the legislature. Are there others that I’m missing? Feel free to leave your thoughts below.

Posted in Education, Utah Politics

5 Responses to “Fees for Public Schools”

I wonder how charter schools get around some fees. Many require uniforms. Some in my area have sent lists of supplies REQUIRED by students to have, something elementary schools cannot do. Also, I know of at least one that encouraged parents to contribute a certain amount of money per child per month to help offst costs–#20 a month or so (I thought they were supposed to be cheaper).

Left by James Larsen on February 4th, 2007

Charter schools (or any public school) *may* require uniforms, so long as they do so in general terms and don’t specify brands, logos, or exact shades/fabrics. For example, the school could require a light blue button-down shirt and dark slacks, but they may not require the uniform be purchased through the school, and they may not require VanHusen shirts, Dockers, and a particular necktie pattern. (See Utah Code 53A-15-1101,1102,1103)

A local first grade teacher sent parents a list of “required” supplies prior to the start of the year. Board rule indicates supplies for elementary school students are to be provided; I expect there would be a certain social stigma if a student were to show up with nothing. The school later provided backpacks and some basic supplies for every student. Perhaps schools could be a bit clearer about what is required; perhaps this was simply a case of a teacher stretching the boundaries. I confess I didn’t look closely at the language of the letter because the list was very basic, and we had sufficient financial means.

Contributions may be solicited, but they must never be represented as mandatory, or presented with hint of reprisal for failure to pay. Fees at the middle/high school level must be subject to state fee-waiver provisions.

If you have complaints about your child’s school, please contact your local district office or the Utah State Office of Education.

Left by Tom on February 5th, 2007

I consider textbook fees and other mandatory fees an additional tax borne by those with children in school. Our state constitution provides for a free public education and the children in our district do NOT have a free education. Worse, fee waivers place a burden on students who can pay, making this a clear form of double dipping when it comes to taxes.

However that said, we are so addicted to these fees we could NOT operate the system without them. No source from the state will help this enough and since these fees are site based there is not fair way to administer them.

Left by Darryl Alder on March 8th, 2007

In my opinion, if people really cared about children in Utah’s public and private schools they would abolish corporal punishment completely.

A legislative analysis of this issue can be found at:

http://www.socialtext.net/utah-politicopia/index.cgi?action=display_html;page_name=s_b_101_to_abolish_corporal_punishment_in_public_schools

Left by Rako on March 20th, 2007

I do not hail from Utah originally so I was rather taken aback by my neighbor’s comment that it should not cost more than $150 to register my daughter for school (7th grade)! Let me see if I got this correct; we have to pay extra money for curricular activities when extra-curricular activities are subsidized? Basically, the local school board is, in effect, taxing all its students to raise money which is then spend on extra-curricular activities that benefit only a few students. Sounds a lot like the systems Marx and Lenin were so strongly in favor of years ago.

Left by John Palo on July 2nd, 2007

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