Student Well-Being

Indiana Court Strikes Down Mandatory Fees

By Laura Greifner — April 11, 2006 2 min read
  • Save to favorites
  • Print

The Indiana Supreme Court has struck down a school district’s $20 school activity fee as a violation of the state constitution because, the court said, it is equivalent to a tuition charge.

The 22,100-student Evansville-Vanderburgh school district imposed the fee on all K-12 students in the 2002-03 school year. The money was used to pay for nurses, school counselors, alternative education, and activities such as music, athletics, and drama, among other purposes. According to court papers, the fee was part of an attempt to balance the district’s budget, which had a $2.3 million deficit in 2002.

Some parents of students in the district, including some whose children qualify for federally subsidized school lunches, filed the suit in 2002.

The Indiana Constitution guarantees a public education “wherein tuition shall be without charge, and equally open to all.”

“The mandatory fee [the district] imposed generally on all students, whether the student avails himself of a service or participates in a program of activity or not, becomes a charge for attending a public school and obtaining a public education,” Justice Robert D. Rucker wrote for the majority in the 4-1 decision on March 30.

Fran Quigley, the executive director of the American Civil Liberties Union of Indiana, which represented the plaintiffs, said that even though the fee was small, “for some of our clients, it was a financial hardship.”

“Indiana’s constitution clearly states that tuition should be without charge, and it seemed clear to us and our clients that the type of fees that were being charged in Evansville fell into that category of tuition,” Mr Quigley said.

The state high court also held that for extracurricular activities, not considered part of a publicly funded education, “a reasonable fee may be assessed, but only against those students who participate in or take advantage of them.”

Tom Hutton, a staff lawyer with the National School Boards Association, in Alexandria, Va., said that many districts charge fees for athletics or other extracurricular activities, but that the charge depends upon whether a student wishes to participate.

“The problem here [in the Indiana case] is everybody pays whether they participate or not,” he said.

Drivers’ Education

The decision left some unanswered questions for Indiana school districts.

“I think we’re more confused now about what we can charge for than before [this case] went to trial,” said Julie M. Slavens, a staff lawyer with the Indiana School Boards Association. She said that because the ruling says school districts cannot charge for services related to the state-mandated curriculum, districts are faced with some funding dilemmas.

“We’re required to offer drivers’ ed,” Ms. Slavens said. “It’s mandated by the state board of education, so it should be provided for. Does that mean we can’t charge a reasonable fee for gas, oil, wear and tear on the cars now?”

Neither Mr. Hutton nor Ms. Slavens knew of any other districts across the country that had been imposing a mandatory activity fee on all students.

A version of this article appeared in the April 12, 2006 edition of Education Week as Indiana Court Strikes Down Mandatory Fees

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being School Leaders Confront Racist Texts, Harmful Rhetoric After Divisive Election
Educators say inflammatory rhetoric from the campaign trail has made its way into schools.
7 min read
A woman looks at a hand held device on a train in New Jersey.
Black students—as young as middle schoolers—have received racists texts invoking slavery in the wake of the presidential election. Educators say they're starting to see inflammatory campaign rhetoric make its way into classrooms.
Jenny Kane/AP
Student Well-Being Download Traumatic Brain Injuries Are More Common Than You Think. Here's What to Know
Here's how educators can make sure injured students don't fall behind as they recover.
1 min read
Illustration of a female student sitting at her desk and holding hands against her temples while swirls of pencils, papers, question marks, stars, and exclamation marks swirl around her head.
iStock/Getty
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Whitepaper
Addressing Chronic Absenteeism Nationwide
Together the Escondido Union School District and the National Inventors Hall of Fame® have successfully engaged students and decreased ab...
Content provided by National Inventors Hall of Fame
Student Well-Being How Teachers Can Help LGBTQ+ Students With Post-Election Anxiety
LGBTQ+ crisis prevention hotlines have seen a spike in calls from youth and their families.
6 min read
Photo of distraught teen girl.
Preeti M / Getty