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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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 Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
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
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

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 Teens Are Sleeping Less. Why Schools Should Be Worried
Lack of sleep is directly tied to lower academic performance.
4 min read
A Mansfield Senior High School student rests during his health class on sleep, in Mansfield, Ohio, Dec. 6, 2024.
A high school student rests during a health class about sleep habits in Mansfield, Ohio, on Dec. 6, 2024. Researchers found that the number of teens getting insufficient sleep, defined as seven hours or less a night, rose from 69% in 2007 to 78% in 2023.
Phil Long/AP
Student Well-Being & Movement Download Catching Bad Days Before They Become Behavior Problems
What are the subtle signs that tell you students are maybe struggling? Here's a useful guide.
1 min read
032026 behavior tutor Banerji GT
Gina Tomko/Education Week + Canva
Student Well-Being & Movement The School Role Helping Prevent Misbehavior Before It Starts
Experienced teachers can spot signs of trouble in students early in the school day.
7 min read
Students eat breakfast and color in Topaz Stotts' second-grade classroom before school starts at Klatt Elementary School in Anchorage, Aug. 17, 2021. Debate over school funding is dominating the Alaska Legislature as districts face teacher shortages and in some cases multimillion-dollar deficits. Schools have cut programs, increased class sizes or had teachers and administrators take on extra roles. (Emily Mesner/Anchorage Daily News via AP, File)
Students eat breakfast and color before the start of the school day in a second grade classroom at Klatt Elementary School in Anchorage, Alaska, on Aug. 17, 2021. Some districts around the country are turning to behavior tutors and similar staff roles to help address student behavior challenges and support teachers.
Emily Mesner/Anchorage Daily News via AP
Student Well-Being & Movement Half of 16-Year-Old Boys Are Gambling. What Can Schools Do?
A Common Sense Media report examines adolescent boys' experiences with gambling and gambling-like activities.
4 min read
Teenager using a smartphone lying in bed late at night, playing games, watching videos online, and scrolling the screen. Children's screen addiction. Screen Addiction in Youth.
Javier Zayas/iStock/Getty