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Arcadia High School Involved in Lawsuit Settlement – Schwarzenegger Announces Deal in ACLU Student Fee Lawsuit
Arcadia Weekly Dec 09, 2010
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Photo by Terry Miller
Governor Arnold Schwarzenegger today announced a settlement between the State of California and the American Civil Liberties Union (ACLU) regarding a lawsuit filed in September alleging that local school districts illegally charged fees for educational activities and materials in violation of the right to a free and equal public education in California.
“Every California student has the right to not only a quality public education, but a free public education. Our state has promised that to our students, and I am grateful to the ACLU for bringing the issue of these illegal fees to light,” said Governor Schwarzenegger. “I am proud of the settlement we have reached, and assure all California parents and students that the State will do its part to make sure every school district knows it is illegal to charge students fees for attending public schools.”
Under the settlement, the State has agreed to send guidance regarding student fees to all county and district superintendents and charter school administrators reminding them that public education will be provided to all students without regard to their families’ ability or willingness to pay fees. The State will also pursue legislation confirming that districts should not charge fees for educational activities, and spelling out the types of services that must be provided to all students free of any charge. The legislation will also mandate that audits of local education agencies specifically include a review of whether districts are illegally charging educational fees. This legislation would empower students and parents to use the existing Williams Uniform Complaint Process to identify and receive reimbursement for illegal school fees and that would amend the annual independent audits of school districts to determine if schools collected illegal fees. Under the legislation, if auditors find a district charged illegal fees, the district would be required to fully reimburse parents or suffer a financial penalty. Furthermore, parents would be able to challenge illegal fees immediately through the complaint process that provides for local resolution within 30 working days.
“This is a historic settlement that puts an end once and for all to the pay to learn system,” said Mark Rosenbaum, chief counsel of the ACLU/SC. “This agreement means all students have an equal opportunity to achieve their dreams irrespective of their families’ financial circumstances. The ACLU thanks Governor Schwarzenegger, Secretary of Education Bonnie Reiss and the State Board of Education for facilitating a quick resolution of this case.”
Click on the link below for a detailed report on all schools involved in the state.
“Our public schools aren’t free if students are being nickel-and-dimed for the tools required to learn,” said State Controller John Chiang. “My office is committed to providing the auditing direction necessary to enforce this settlement and ensure that California public schools do not charge unlawful fees.”
The lawsuit, which was filed in Los Angeles Superior Court, followed an investigation by the ACLU/SC that uncovered a widespread practice among school districts of forcing students to purchase textbooks, workbooks, and assigned novels in order to matriculate in academic courses. School districts also charged lab fees for participation in science classes. The suit alleged that this discriminating practice against lower-income children creates an unfair system where only the wealthy are able to afford an education that is constitutionally supposed to be free to all regardless of economic status. One example cited a high school student in Orange County who was required to buy foreign language and English workbooks, science lab manuals, a school-issued agenda and organizer and a physical education uniform. The student and his family were unable to purchase all of the required course materials, and the school refused to waive the fees for the student.
