ACLU contests PUSD student activity fees

American Civil Liberties Union representatives are reviewing Poway Unified School District records to determine if the district is in violation of state law by charging fees for school activities.

The ACLU asked PUSD Superintendent John Collins and other area superintendents to submit records of what their districts charge for “curricular or extracurricular activities.”

According to a letter, dated Aug. 13 from the ACLU, “such fees would violate the California Constitution’s free school guarantee.”

David Blair-Loy, ACLU’s legal director, said this week, “This is a developing issue — schools shouldn’t be charging these fees.”

Basically, public education students are being required to pay mandatory fees for P.E. uniforms, class supplies, or to participate in athletic, band or cheer, not only in PUSD, but other districts too, Blair-Loy said.

“They need to fix it, by letting schools, coaches and everyone know what’s legal and what’s not,” he added. “It’s not legal to charge these fees.”

“The district agrees that students should not be required to pay fees for school-related activities, except as provided in the California education code,” Collins added.

“We do, however, seek voluntary donations to support the various programs we offer in music, art, athletics, etc.,” he said. “…Without the high level of support we receive from our parents and community, we would not be able to offer the same level of programs for our students.”

Meanwhile, Collins said, “We’re complying with the request, but our legal counsel has requested an extension of the 10-day deadline.”

Blair-Loy said that the extension has been granted to allow the district time to respond.

“What the ACLU is asking for is extensive, given that we have 37 different school sites that have various records,” Collins added.

A sampling of the ACLU request for PUSD documentation includes:

• information about fundraising requirements of students participating in school activities

• records of fees already collected from students or parents for such activities

• posters, or fliers discussing activity fees

• communications within or between the district, schools, teachers, coaches or other school or district regarding fees.

Collins said that he has already discussed the matter of fees with school principals about two weeks ago.

“As a district, we are reaffirming with our staff that fees may not be charged for any school-related activity,” he said.

He added that he sees no reason to return voluntary contributions, which in many cases come from parents willing to pay fees associated with sports, cheerleading, band or music.

“Anyone who feels they were misled to believe that a voluntary contribution was a required fee should contact their principal,” Collins said.

In the ACLU correspondence, specific fees collected at PUSD schools are listed as being “in conflict with legal standards” of the California Administrative Code.

That information was collected from school websites, newsletters and other sources, Blair-Loy said.

Cited were the following fees: Poway High band fees for registration, ranging from $50 to $500; Poway High football, a $30 coaching fee; cheer fees at Mt. Carmel High, a total of $1,691, plus an additional $600 to $700 to be on the competitive team, and $20 for tryouts; P.E. uniforms, $26 at Black Mountain Middle School (other schools also typically ask for a fee); Rancho Bernardo High studio arts students are asked to purchase sketch books, special pens and erasers and have access to a digital camera; and Mesa Verde Middle School students are asked to bring their own school supplies, including calculators, novels for free reading time and USB flash drives, plus their own tissues.

Blair-Loy said Tuesday that some of the details from the school websites (and other sources) might not be current, but newer information could surface when districts provide requested documentation.

Meanwhile, band boosters at PUSD high schools, which helped sponsor last week’s band camps, have been discussing the topic of “fees.”

“There is no required fee or cost for a student to participate in the music program,” said Poway High Booster Club President Leon Stone.

“The Boosters ask for voluntary contributions from parents and supporters as well as manage several fundraisers throughout the year to raise funds to cover expenses such as band contests, color guard meets and music festivals, as well as to take care of the uniforms and equipment.”

Again, no student is required to pay to participate in the program, he added.

Warren Torns, now retired, headed up Mt. Carmel’s music programs and said that fees during his 20 years at the school were never mandatory.

“They were always voluntary and maybe that should be the distinction when band (or other) fees are being discussed,” he said.

“It was always on a donation basis,” he said, “Parents understood that.”

PUSD band uniforms for all participating high school programs are paid for by the district, but it is up to the boosters to maintain the cleaning of the uniforms, said George Green.

Green, a band booster parent at Mt. Carmel, said the job of providing clean uniforms for the Sundevil Marching Band is taken seriously by the boosters.

“We also help with purchasing shoes, when needed,” he added. “It’s our mission to keep the band looking good.”

Cheerleading, a relatively expensive extracurricular activity at most high schools, is a nonprofit 501(c)(3) organization at Poway High.

Lisa Banning, who serves as president of that group, sought the nonprofit status last year.

Banning added, “Because we’re a nonprofit, we are independent of the school and have more freedom in dealing with cheer activities.”