Question: The local high school offers Japanese for their students; six elementary school students go to the high school district to learn Japanese. Can the high school charge the elementary school, the children or the parents?

Response: Fees may not be imposed on students unless they are specifically authorized by law. Thus, districts cannot charge families for classes, equipment and/or supplies, but families can donate these types of items (or donate money for classes that are outside of the normal school day). Current law (1984 California Supreme Court decision, Hartzell v. Connell) does allow districts to charge for field trips, but stipulates that families who cannot afford to pay cannot be prevented from making the field trip or excursion (Education Code section 35330).

Before your school district decides whether to charge a fee or encourage families to charge class fees, it should consider that California's free school system is constitutionally guaranteed and that deposits and other charges must be specifically authorized by law (ref. Title 5 of the California Code of Regulations, Section 350). Because this area is continuously being defined, your district should present your own specific questions to your district's legal counsel so that all updated legislation and decisions are considered when making the final decision on whether or not to charge these fees. It is critical that all advisory or subsequent legislation be considered by legal counsel since an incorrect decision can cost the district substantial legal fees.

Classes such as the one that is being offered by the high school district, are usually done by another agency, as was the case in your example. Classes done by outside agencies do not count for class credit, which was never the intent. With the high school offering the class, there are additional considerations which must be taken into account, such as if there is class credit to be given, and whether the class is during 0 or 7th period and ADA is generated. If so, the answer is definitely no based on current law.

Another important factor is whether there is an inter-agency agreement between your two districts and/or if a policy is in place to handle the situation. If not, it may be wise to put such policies in place so that future arrangements such as the one that is being proposed can be easily understood and administered. Agreements/policies should consider what the costs may be and who is going to pay for them.