Best Practices from State Policies on Student Fees October 15, 2018

1. Best Practices from State Policies on Student Fees October 15, 2018

2. Louisiana Laws Louisiana has very few laws that address fees charged to public school students and their families. It does, however, provide for the following. • Louisiana Constitution: “The goal of the public educational system is to provide learning environments and experiences, at all stages of human development, that are humane, just, and designed to promote excellence in order that every individual may be afforded an equal opportunity to develop to his full potential.” • R.S. 17:112 (Act 315 of the 2001 Regular Session): “No education record of any student may be withheld as the result of lack of payment of any fine, debt, or other outstanding obligation.” • R.S. 17:81: Gives school boards broad authority to make rules and regulations for their own government.

3. Attorney General Opinions Several Attorney General opinions have addressed fee-related questions. • “This office has been unable to locate a statutory, regulatory, or constitutional provision that would bar the school board from assessing such a reasonable [transportation] fee to participating students” (81-1213). • “No statute specifically authorizes a student fee for paper and administrative supplies…on the other hand, no statute specifically forbids such a fee” (93-224) • “This office is cognizant of both the fiscal constraints local boards experience and the increasing demand for new school services that underlie the need for fees. On the other hand, this office expresses great concern over this trend, especially when certain services may be denied students unable to pay fees” (93-224) • “This office urges the school board to make the fee as reasonable as possible and as minor as possible. The school board may also wish to have a provision available waiving a fee should a student demonstrate a need and inability to pay.” (81-1213)

4. Other State Laws and Policies There are 27 states that have state laws or regulations related to student fees. They vary from state to state.

5. Why Do States Have Laws on Student Fees? Some states have enacted laws following lawsuits.

6. States with Hardship Waivers There are 20 states with laws that address hardship waivers. Some state laws provide for hardship waivers based on a student’s qualification for free or reduced price meals, while others provide for a waiver based on the student or parent’s inability to pay. Six states have laws requiring their local school boards to develop policies for regulating student fees and/or provide for the reduction or waiver of fees for economically disadvantaged students.

7. Hardship Waiver Examples Virginia: The policy shall include the schedule of fees charged by the school division, provisions for reducing or waiving fees, and consequences for nonpayment of fees. The policy and the fee schedule shall be provided to parents annually and posted on the school division’s website. The policy shall provide for the reduction or waiver of fees for economically disadvantaged students and students whose families are undergoing economic hardships and are financially unable to pay them. This shall include, but not be limited to, families receiving unemployment benefits or public assistance, including Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI) or Medicaid; foster families caring for children in foster care; or families that are homeless.

8. Hardship Waiver Examples Texas: School districts are required to adopt procedures for waiving a deposit of fee if a student or the student’s parent or guardian is unable to pay it. Utah: LEA governing boards must adopt fee schedules and policies at least once each year in a regularly scheduled public meeting. LEAs shall provide for adequate waivers or other provisions in lieu of fee waivers to ensure that no student is denied the opportunity to participate in a class or school-sponsored or supported activity because of inability to pay a fee. Mississippi: All authorized fees shall be charged only upon the condition that the school board of each district shall adopt a financial hardship waiver that shall be kept in the strictest of confidence. Pupils who have fees waived shall not be discriminated against nor be overtly identified by use of special tokens or tickets, announcements, posting or publication of names, physical separation, choice of materials or by any other means.

9. Hardship Waiver Examples Iowa: The policy required…shall include provisions for granting a waiver, partial waiver, or temporary waiver of student fees upon application by the student. The policy must include the following: Waiver; Partial Waiver; Temporary Waiver; Fees Waived Not Collectable; Distribution of Policy and Applications; Annual Application. Application are confidential and an appeals process must be provided. Minnesota: Boards may waive deposits or fees for any pupil whose parent is serving in, or within the past year has served in, active military service or if the pupil’s parent or guardian is unable to pay.

10. Personal Property • Six states have laws providing for student fees in cases where the product of the course work becomes the personal property of the student. • California law stipulates that materials can be sold to a student for his or her own use if the price does not exceed the cost of the materials provided. • Ohio permits districts to charge fees for any tools, equipment, and materials for workforce-readiness training with a career-technical education program that, to the extent the items are not consumed, may be retained by the student upon completion of the course.

11. Transparency Four states have laws requiring that district policies on student fees be made available to the public. • Texas: The policy shall be posted in a central location in each school facility, in the school policy manual, and in the student handbook. • Utah: LEAs shall include a copy of the fee schedules and waiver policies with registration materials provided to potential or continuing students. • Virginia: The policy and the fee schedule shall be provided to parents annually and posted on the school division’s website. • Mississippi: The financial hardship waiver policy must be distributed in writing to pupils at the time of enrollment.

12. Withholding of Student Records In addition to Louisiana, three other states have laws prohibiting school districts from withholding student records for failure to pay a fine or fee. • Colorado: In 2017, Colorado passed a law that removed the authority of school boards to withhold records required for enrollment in another school or institution of higher education or a student’s grades, transcripts, or diploma for failure to pay any fine or fee assessed by the local education provider, to return or replace textbooks or library resources, or to return other school property. • Georgia: Local units of administration shall not withhold any student record because of nonpayment of fees. However, schools may withhold grade cards, diplomas, or certificates of progress until fees are paid. • Wisconsin: Records and diplomas cannot be withheld for failure to pay fees.

13. Other Student Fee Language Examples

14. Conclusion • Louisiana can look to several other states in creating guidance, regulations, and/or legislation to address student fees in Louisiana. • Other states’ laws and regulations address several important aspects, including but not limited to types of fees allowed/disallowed, local school system policies, public transparency, economic hardship waivers, and withholding of student records or privileges as a consequence for non-payment of fees. • Establishing clear expectations and ensuring equal student access to courses, services, and activities during the school day can serve as proactive measures in the event that fees are challenged in the future. • Publicizing a clear, transparent process for families to address economic hardships demonstrates school systems’ commitment to all students and ensures fairness in how hardships are addressed.