AB 165 codified the state constitutional right to a free public education by prohibiting school districts from charging fees for classes and extracurricular activities. It also included new onerous enforcement mechanisms for districts and complaint procedures for parents.
In his veto message on October 8, Governor Brown said district compliance with this right is essential and districts should be held accountable, but this bill took the wrong approach. He stated that “the bill would mandate that every single classroom in California would mandate that every single classroom in California post a detailed notice and all 1042 school districts and 1200 charter schools follow specific complaint, hearing and audit procedures, even where there have been no complaints, let alone evidence of any violation. This goes too far.”
It appears the veto will require the parties to the ACLU lawsuit to go back to court or participate in further settlement discussions. In the meantime, districts should continue to review their student fees practices to ensure compliance but they can enjoy a reprieve from the onerous enforcement mechanisms in AB 165. For additional analysis and discussion please see our Legal Alert.
Sally Jensen Dutcher
No comments:
Post a Comment