Question: Can our school's security office legally charge students for a parking permit? We have a parent challenging the sale of permits. The money collected covers parking-related expenses.

Response: You’ve asked one of those questions that you will need to consult your district’s outside legal counsel on this as there are opposing views on this issue. The law is unclear as to whether districts may charge students for parking on school grounds. Remember, Title 5 says that any fees charged to students must be specifically authorized by law, and there is no Education Code allowing such a charge. Although Vehicle Code 21113 has been interpreted as to allow such fees, some attorneys have suggested that without specific authorization in the Education Code, the fees may not be charged since the Vehicle Code only speaks in terms of parking regulations. Therefore, districts should consult legal counsel prior to the levying of such fees.

5/13/09