Student Well-Being & Movement

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
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
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
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

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 & Movement How Do Teachers Rate Their Students' Self-Regulation Skills?
Students’ poor self-regulation skills hurt their ability to learn.
1 min read
Achieving equilibrium between positive and negative emotions, they counterbalance each other to cultivate a serene state of mind
iStock/Getty
Student Well-Being & Movement Spotlight Spotlight on The Science of Self-Regulation: The Missing Foundation of Academic Success
This Spotlight focuses on ways to build students’ self-management skills, a foundational predictor of academic success.
Student Well-Being & Movement Trump Admin. Pulls Student Mental Health Grants, Restores Them a Day Later
The Trump administration abruptly canceled a slate of mental health grants, only to reinstate them the next day.
5 min read
Notes from students expressing support and sharing coping strategies paper a wall, as members of the Miami Arts Studio mental health club raise awareness on World Mental Health Day on Oct. 10, 2023, at Miami Arts Studio, a public 6th-12th grade magnet school, in Miami.
Notes from students expressing support and sharing coping strategies paper a wall at the Miami Arts Studio, a middle and high school magnet school, on Oct. 10, 2023 in Miami. Federal grants to improve student mental health have had bipartisan support, but a recent blip in funding has made school districts and providers nervous.
Rebecca Blackwell/AP/AP
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 & Movement Whitepaper
The Chronic Absenteeism Today Guide
Address the root causes of chronic absenteeism, boost student success, and build belonging across campus with the Chronic Absenteeism Tod...
Content provided by Wayfinder