AB 165 has passed through the Legislature and sent to the Governor for signature. This bill was introduced as part of the ACLU Student Fees lawsuit tentative settlement agreement. See January 11, 2011 Legal Alert.
The ACLU lawsuit was filed in September 2010 against the State of California and Governor Schwarzenegger alleging public school districts were charging impermissible fees to students in violation of the California Constitution’s free school guarantee. The lawsuit was tentatively settled in December 2010 but that settlement required both parties to engage in good faith efforts to enact legislation and regulations that adopt the proposals outlined in the settlement.
AB 165 includes provisions that are substantially similar to the settlement proposals and include new enforcement mechanisms for districts and complaint procedures for parent. If signed, the provisions will become effective January 1, 2012. Districts should be reviewing their student fees now to ensure only permissible fees are charged. Watch for an updated Legal Alert.
Sally Jensen Dutcher
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