Student Fees Suit Is Nearly Resolved

Pasadena school officials have been ordered by a judge to halt the collection of fees for extracurricular activities and have tentatively agreed to settle a class-action lawsuit by reimbursing students who paid the fees the last three years.

Attorneys for both the Pasadena Unified School District and three parents, who filed the lawsuit challenging the fees as unconstitutional, agreed to the order issued Thursday by Los Angeles Superior Court Judge Ann Kough.

Kough’s order forbids the district from charging for 15 items, including identification cards, student organizers, pep squad uniforms and marching band fees.

Some of the fees were not large, but some parents objected to paying for something as routine as a student ID, which cost $10. The lawsuit said other fees were higher, such as $100 for band or $380 to $520 to participate in the pep squad.

“The school district wants to step up to the plate and reimburse any monies owed,” said Dane McCune. “It’s a priority of [Supt. Percy] Clark to dispose of this issue and move forward.” The district, McCune said, had already stopped charging all the fees by the end of the last school year.

Thousands of current and former Pasadena students could be eligible for reimbursement, and district officials expect a final settlement will cost more than $219,000.

The California Constitution’s “free education” clause has long been interpreted as making it illegal to levy fees for classes and materials. In 1984, the state Supreme Court expanded that definition to include all extracurricular activities such as sports and music.

However, many school districts have continued to tap students for everything from $5 organizers to $1,000 cheerleader outfits.

“I think [that] as districts learn about this case, they’ll stop the practice,” said Kevin Snider, attorney for the parents. “The question of integrity is: Will they give the money back?”

Snider said Pasadena’s new superintendent quickly grasped the need for a resolution. “I give Dr. Percy Clark a lot of credit here,” Snider said. “He was quick to try to resolve this matter.”

While the case is not precedent-setting, McCune said, “it will act as a guideline to districts.” The state Education Department receives about a dozen complaints a year from parents about districts that charge mandatory fees.

Kough’s order still allows for the collection of fees permissible under the state Education Code. Schools may charge for field trips and lost textbooks, for example.

Education lawyers say what made the Pasadena case unusual was the parents’ call for reimbursement. That issue was never raised in the 1984 Supreme Court case, Hartzell vs. Connell, which deemed that extracurricular activities such as band and cheerleading are part of the education program that have to be provided free, according to Roger Wolfertz, deputy general counsel of the Department of Education.

Plaintiff Rene Amy said such fees are hard on families in a district where two-thirds of the students qualify for government food aid.

Attorneys said they hope to reach a final settlement by Nov. 14.