Public school is supposed to be free. But a student at Walter Johnson High School in Bethesda can expect to pay $15 to take Advanced Placement biology, $40 for band class and $11 for a Spanish workbook.
Lab
fees, band fees, art fees and ill-defined "activity" fees are
proliferating in cash-strapped public schools at a time when many
families are watching their spending. This month, some Montgomery County parents mounted a campaign to challenge such fees in a dispute that might land in court.
Virginia
has begun an effort to standardize rules for fees that vary from school
to school. Last spring, an advocacy group for the poor reported that a
Virginia mother of three borrowed against her car title to come up with
$260 in school fees.
"Each school's fees are just whatever they
feel like they can charge," said Louis Wilen, a Montgomery parent who
is a leader in the fee debate. "The law says that schools are supposed
to be free."
However, schools routinely charge students for goods
and services and contend that the fees are permitted by state law.
There are often fees for items such as workbooks, computer supplies,
paintbrushes and gym suits. In addition, schools sometimes charge for
use of lockers, musical instruments, football uniforms and parking
spaces. Students who owe money may be excluded from graduation or be
denied a report card.
Without fees, education officials say,
schools might have to cut courses, swap acrylic paints for pencil and
paper or send the band onto the field in T-shirts.
"The reality is that the money has to come from somewhere," said Brian Edwards, chief of staff to Montgomery schools Superintendent Jerry D. Weast.
While Montgomery schools have drawn much of the backlash, fees are everywhere. The kind and amount vary by school and county.
Loudoun County
charges for student parking and gym uniforms but not for art supplies,
computer disks, workbooks, science lab materials or towels.
Calvert County
allows high schools to charge 12 curricular fees. Among them: $20 for
gym uniforms; $45 for shoes in the Dance for Athletes class; and a $20
lab fee in graphic arts. Most workbooks and lab materials are provided
without charge.
Fairfax County
allows schools to charge for musical instruments, parking, performing
arts materials, towels and uniforms in occupational classes, but not
for workbooks, traditional science labs or art classes.
Montgomery
does not bar schools from charging any specific fee but guarantees that
students will receive "content material required to meet course
outcomes" and that they will not be penalized academically for
inability to pay.
The list of approved fees for Montgomery
schools runs to 48 pages. Many of the charges are presented to parents
as "course fees," with no hint of their purpose.
Col. Zadok Magruder High School
in Rockville lists 24 fees this school year covering at least twice
that many courses, ranging from $5 to $40, according to a school
document parent activists obtained. Walter Johnson
charges 49 course fees, ranging from $4 to $40. Thomas Edison High
School of Technology charges as much as $400 for a class in cosmetology.
Beth
Kaufman of Bethesda spent about $107 last year to supply her twins,
then eighth-graders at Takoma Park Middle School: $10 for assignment
books, $8 for lockers, $24 for Spanish workbooks, $5 for orchestra
class and $60 in extracurricular activity fees.
She said that this year, at Montgomery Blair High School
in Silver Spring, , "my kids have been asked for exactly zero dollars
so far. I don't know if it's because of all the parent agitation."
Opposition
to fees in Montgomery emanates from a watchdog group known as the
Parents Coalition. Its leaders urged parents to oppose the fees at the
classroom door. School officials responded with an Aug. 19 memo to
principals, clarifying that it was all right to charge fees but not to
penalize students who do not pay.
The fee debate has raised legal
questions. In 1987, the Maryland attorney general interpreted the
state's guarantee of free public schools to mean "that everything
directly related to a school's curriculum must be available to all free
of charge." That opinion is key, as no state court has ruled on the
legality of fees in the modern era.
Montgomery officials have
suggested that schools are merely asking parents to pay the fees, and
that all required materials will be provided. But schools seldom
characterize fees as optional, in Montgomery or anyplace else.
"The
families are led to believe that the fees are mandatory and that the
students won't be able to get their schedules and participate in
activities and graduation if they don't pay them," said Angela Ciolfi,
an attorney with the Legal Aid Justice Center in Charlottesville.
Ciolfi's
group used public records requests to determine that many Virginia
schools had no formal policies on fees. The findings prompted the state
education department last spring to survey school systems. Of 83
systems that responded, 64 said they charged fees. Most of the 64 said
they had a policy on fees. Fewer than half said they had rules for what
to do when a family seeks financial help.
Virginia law on fees is
more explicit than Maryland's. It allows schools to charge students for
workbooks and for transportation to extracurricular activities. It does
not allow schools to withhold report cards and diplomas from students
who fail to pay. State regulations are being rewritten and will provide
further guidance, Ciolfi said.
Montgomery's school board will
meet in a closed session Sept. 9 for legal advice on fees, and
administrators are studying the policy. Board members have little to
say publicly on the matter.
"Do I have a doubt that some of those
fees on the 40 pages of fees are on the other side of our policy?" said
one board member, who requested anonymity to discuss the matter
candidly. "I have no doubt in my mind."