EdLawConnect Blog

As adopted in 1879, the California Constitution includes a “free school guarantee”: “The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.”  (Cal. Const. art. IX, § 5.)  The Supreme Court has interpreted Article IX of the California Constitution to mandate education for all students at public expense.  (See Ward v. Flood (1874) 48 Cal. 36, 51.) Section 350 of Title 5 of the California Code of Regulations and Education Code section 49011 prohibit school districts from charging fees unless “otherwise allowed by law.” Exceptions allow fees in certain, specific circumstances, with certain limitations. The California Department of Education’s Fiscal Management Advisory 12-02, dated April 24, 2013, Pupil Fees, Deposits, and Other Charges, describes circumstances when fees may or may not be permitted.