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Click here to read the Ames declaratory order regarding school fees.
Based on the number of calls on this subject, it's time to
review the subject of fees and waivers.
Parents sometimes need a reminder that "tuition-free" school does not
mean that schools cannot charge certain fees. Indeed, districts are authorized by law to
charge seven (7) types of fees, as follows:
1. Textbook Rental Fees.
Iowa Code section 301.1 states that a district is authorized to rent
textbooks to its pupils "at such reasonable fee as the board shall fix, and
said money so received shall be returned to the general fund." That statute defines "textbooks" to include "books
and loose-leaf or bound manuals, systems of reusable instructional materials or
combinations of books and supplementary instructional materials which convey
information to the student or otherwise contribute to the learning process, or
electronic textbooks, including but not limited to computer software,
applications using computer-assisted instruction, interactive videodisc, and other
computer courseware and magnetic media."
2. Eye
Protective Devices. Every
student and teacher must wear "industrial quality eye-protective devices"
in certain vocational or industrial arts courses. Iowa Code section 280.10 is the
authority for requiring payment for the devices.
3. Ear
Protective Devices. Similar to above, but the
statutory authority is in Iowa Code section 280.11.
4. Summer
School Courses. Note
that the Iowa Legislature states that
"...fees may be charged covering instructional costs for a
summer school or drivers education program." Iowa Code section 282.6 [emphasis
added]. Therefore, charges for
summer school courses or driver education courses are not tuition, and may
be charged. However, because
these are "fees," the waiver provisions must apply.
5. Driver
Education Courses. See
#4 above. In addition, note
that a waiver must be provided to all eligible students even if the
district provides driver education through a private provider such as
AutoPilots or DriveTech.
Iowa Code section 321.178(1)
requires every public school district in Iowa to "offer or make available to
all students residing in the school district or Iowa students attending a
nonpublic school in the district an approved course in driver education." This means that driver education must be made
available to students who reside in the district but who are not regularly
enrolled, such as students attending a nonpublic school or students who receive
competent private instruction (home schooling).
The waiver applies to them, too.
6. Discretionary
Transportation.
Elementary students who reside more than two miles and secondary
students who reside more than three miles from their attendance centers
are entitled to free transportation.
A district does not have to provide transportation to resident
students who are not entitled to free transportation. However, if a district does offer such
discretionary transportation, it may charge a fee which may not exceed its
actual costs. Iowa Code section
285.1(1)(d).
7. School
supplies. Not all
supplies may truly be called "school supplies." If an item is essential to the
instruction of a class, the item is part of tuition and must be supplied
for free. For instance, a district
may NOT charge a fee for art supplies for art class and chemicals for
science class because these are items necessary or essential to the
instruction of those classes. On
the other hand, if a student voluntarily desired to "upgrade" his
materials in a project in a woodworking course (for example, go from pine
to cherry wood), the student would have to pay for the upgrade. The district must provide the basic pine
for the instruction, but the student pays for voluntarily choosing a
better quality of wood. Expendable
worksheets are part of instruction and must be provided for free.
A fee may be charged for paper,
pencils, or pens purchased by the district and used by students because, while
"clearly important to the education process," they are "not essential to the
teacher's presentation of a course." OAG
#79-12-22. These supplies may be sold to
students at cost or rented for a reasonable fee.
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