Iowa Department of Education

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.