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Hayward USD |  AR  3260  Business and Noninstructional Operations

Fees And Charges   

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The California Constitution mandates that public education be provided to students free of charge, unless law specifically authorizes a charge. (California Constitution, Title 9, Section 5)

Students enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law. (5 CCR 350)

The right of free access prohibits mandated purchases of materials, supplies, equipment, or uniforms associated with the activity, as well as a payment of security deposits for access, participation, materials, or equipment.

A process that allows for a waiver for an otherwise mandatory fee, charge or deposit does not render it constitutionally permissible.

The constitutional right of free access encompasses all educational activities, whether curricular, extra-curricular, and regardless of whether credit is awarded for the educational activity.

The district shall supply and furnish free of cost to its K-12 students necessary school supplies, materials and books required to complete K-12 course requirements. The district shall not charge a lab or lab card fee or deposit in any of its K-12 educational programs, including, but not limited to Industrial Arts, Fine Arts, Home Economics and Science.

Definition of Terms

Co-curricular are programs that are associated with the curriculum in a regular classroom, e.g., a study trip, science camp, a band performance (Education Code35160.5)

Excursion is field trip that is primarily recreational, but school sponsored.

Extra-curricular is an activity that is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time. The following are examples of characteristics enumerated by Education Code 35160.5:

1. Supervised or financed by the district

2. Students participating in the program represents the district or their school

3. Students exercise some degree of freedom in either selection, planning, or control of the program, and

4. Includes both preparation for performance and performance for an audience of spectators

Field Trip is a general term for a school sponsored co-curricular or extra-curricular trip, including excursions.

Fees Authorized by Law

The district shall not charge fees that are not specifically authorized by law. (5 CCR 350)

The Board of Education hereby approves the following permissible fees, deposits and charges specifically authorized by law:

1. Accident and medical insurance premiums for athletic team members, with an exemption for financial hardship (Education Code 32221)

2. Insurance for medical or hospital service for students participating in field trips and excursions so long as a waiver for financial hardship is available (Education Code 35331

3. Expenses of students' participation in a field trip or excursion to another state, the District of Columbia or a foreign country, as long as no student is prohibited from making the field trip or excursion due to lack of funds or non-participation in fund-raising. No group shall be authorized to take a field trip or excursion if a student who is a member of an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds (Education Code35330)

4. Co-curricular school outdoor science camp programs operated pursuant to Education Code 8760-8773 provided that the fee is not mandatory. No student shall be denied the opportunity to participate in a school camp program because of nonpayment of the fee. The amount of the fee may not exceed the difference between any state, local, or federal funds generated by such a program and the cost of the services actually provided. The fees collected are to be deposited to the District General Education Fund, not the Associated Student Body Fund (Education Code 35335)

5. Property of the district fabricated by students from such materials to take home for his/her own personal use, not to exceed the cost of the materials furnished by the district. (Education Code 17551)

6. Home-to-school transportation and transportation between school and regional occupational centers, programs or classes, as long as the fee does not exceed the statewide average nonsubsidized cost per student and exemptions are made for indigent and disabled students (Education Code 39807.5)

7. Transportation to and from summer employment programs for youth (Education Code 39837)

8. Standardized physical education apparel when the school does not mandate that such apparel be bought from the school, the apparel is not a uniform for school team sports, and no grade of a student participating in a physical education class is adversely affected due to the student not wearing standardized apparel where the failure to wear such apparel arises from circumstances beyond the control of the student (Education Code 49066)

9. Deposit for school band instruments, music, uniforms and other regalia which school band members take on excursions to foreign countries (Education Code38120)

10. Fees for community service classes not to exceed the cost of maintaining such classes (Education Code 51810 and 51815). These classes are primarily intended for adults and are open only to those minors whom the Board of Education believes will benefit from such classes (Education Code 51811).

11. Eye safety devices for a student to keep, at a price not to exceed the district's actual costs, conditional that the school provides them free of charge for use in specified courses or activities involving the use of hazardous substances likely to cause injury to the eyes (Education Code 32030-32033)

12. Actual costs of duplication for copies of public records (Government Code 6253) charges may be imposed for duplication of extra transcripts of former students' records when the school district has provided copies of the first two transcripts at no cost (Education Code 49063(h) and 49091.14) and exemptions are made for indigent and disabled students (Education 56504)

13. Actual costs of duplication for reproduction of the prospectus of school curriculum (Education Code 49091.14)

14. Advancement Placement and International Baccalaureate Diploma examinations for college credit, conditional that taking the exam is not a course requirement; the exam results have no impact on a student's grade or credit in a course; and eligible economically disadvantaged high school students who receive district funding towards the exam fee pay $5.00 of the fee (Education Code 52240-52244 and 52920-52922)

15. Food sold at school subject to restrictions specified in law (Education Code 38084)

16. Fines or reimbursements for lost or damaged district property or damage to library property (Education Code 19910-19911, 48904)

17. To encourage students to return library materials in a timely manner, a nominal fee shall be charged for the late return of materials (CCR 16042)

18. Tuition for out-of-state and out-of-country residents (Education Code 48050, 48052, 52613; 8 USC 1184)

19. Student fingerprinting program (Education Code 32390)

20. After School Education and Safety (ASES) program, as long as no eligible student is denied the ability to participate due to the inability to pay the fee, and the fee is waived or subsidized based on economic disadvantage or other critical needs in accordance with Education Code 8263 and 8350. (Education Code 8482.6

21. Adult education books, materials, and classes as specified in law (Education Code 52612, 60410)

22. Child care and development services, except no fees shall be assessed to families whose children are enrolled in the state preschool program or for services provided to severely disabled children (Education Code 8250(d)(3), 8263(h)(1), and 8265) and no child is denied the opportunity to participate due to the parent/guardian's inability to pay the fee (Education Code 8487-8488).

(cf. 5148 - Child Care and Development)

23. Sale or lease of Internet appliances or personal computers to parents for the purpose of providing access to the school district's online educational computer network, not to exceed the actual cost, so long as the district provides network access for economically disadvantaged families (Education Code 17453.1)

24. Parking on school grounds (Vehicle Code 21113)

Other Permissible Fees

1. Fees for optional attendance as a spectator at a school or district sponsored activity (Hartzell v. Connell (1984) 35 Cal.3d.899)

2. Reimbursement of fees levied for a dishonored check that is returned by the check writer's financial institution to the district bank. The writer of the check is liable for the fees the bank has charged the district for the transaction, not to exceed $25 for the first bad check and $35 for each subsequent bad check plus the direct cost of mailing a Bad Check Demand Letter (Exhibit 3260-1) by certified mail, return receipt. In addition the district may a) refuse to accept another check from the writer, and/or 2) and the fees charged by the financial institution(s), and/or 3), file a claim in Small Claims or the Civil Division for the amount of the NSF check plus three times the amount in damages when these costs equal or exceed $100 and payment is not received within 30 days from the date the district mailed the certified Bad Check Demand Letter. The minimum penalty that may be imposed on a writer of a bad check is $100 and the maximum penalty is $1500 (Civil Code 1719)

Prohibited Fees (Ops. Cal. Atty. Gen. No. NS 2469 (1940))

The Hayward Unified School District prohibits charging fees for the following:

1. A deposit in the nature of a guarantee that the school district shall be reimbursed for loss to the district on account of breakage, damage to, or loss of school property

2. An admission charge to an exhibit, fair, theater or similar activity for instruction, co-curricular, or extracurricular purposes when a visit to such places is part of the school district's educational program

3. Transportation fees and/or costs when transportation is an integral part of the extracurricular, athletic, and/or educational activities and students are mandated to ride the bus with no other transportation options made available to students

4. Tuition or charge as a condition of enrollment in any class or course of instruction, including a summer or vacation school, a registration fee, a fee for a catalog of courses, a fee for an examination in a subject, a late registration or program change fee, a fee for the issuance of a diploma or certificate, or a charge for lodging

5. Membership in a student body or any student organization as a condition of enrollment or participation in athletic or other curricular or extracurricular activities sponsored by the school

6. Charges to an apprentice, or his or her parents or guardian, for admission or attendance in any class pursuant to the Labor Code 3074 (Education ode 48053)

7. Textbooks and workbooks, except for adult education classes (Education Code 60070 and 60410)

8. Processing of an interdistrict transfer request for a student residing in another school district

9. Reimbursement for lost Average Daily Attendance revenue for absences from school

10. Writing and drawing paper pens, inks, blackboard erasers, crayons, lead pencils, and other necessary supplies that the school district requires students use as a condition of participation in regular classroom work associated with the school district's educational program (Education Code 38118)

11. Standardized athletic and/or team sports uniforms required as a condition of participation, unless the student voluntary elects to purchase and retain the uniform as his/her personal property


approved: November 18, 1991 Hayward, California

revised: March, 2013

revised: September 17, 2014