Fact Sheet Assembly Member Ricardo Lara AB 1575 Constitutional Free Public Education Guarantee

Summary: AB 1575 will help identify, prevent, and address the charging of student fees in violation of a students constitutional right to a free public education, without imposing costly new requirements on school districts. Background: An August 2010 investigation by the ACLU of Southern California uncovered a widespread practice among public school districts of charging students mandatory fees to participate in educational activities. For example, districts were requiring students to purchase textbooks, workbooks, and assigned novels in order to matriculate in academic courses. In September 2010, the ACLU filed a lawsuit on behalf of students alleging the fees violate the California Constitutions free public education guarantee and discriminate against lower-income students by creating a pay to learn system that threatens the integrity of our states public education system. (Doe v. California) Earlier this year, the LA County Superior overruled demurrers filed by the state defendants in Doe v. Calfornia with respect to the student plaintiffs constitutional claims and highlighted a 1992 California Supreme Court decision that held that the State itself bears the ultimate authority and responsibility to ensure that its districtbased system of common school[s] provides basic equality of educational opportunity. Problem: Schools are charging students fees to participate in educational activities despite the California Constitution guaranteeing free schools since 1879, resulting in denial of equal educational opportunity for all children. A report released by UCLAs Institute for Democracy, Education and Access in March 2011 verified and underscored the scope of the problem. According to their survey, nineteen percent (19%) of high school principals in California say that their schools have begun requiring students and families to pay for instructional materials, which violates the free school guarantee.

Solution: Governor Brown vetoed AB 1575s predecessor last year, but in his veto message expressed his belief that local district compliance with the right to a free public education is essential and those who fail should be held accountable." With this shared goal in mind, and in response to the Governors stated concerns with the previous bill, AB 1575 has been amended significantly. The bill now focuses narrowly on providing guidance to school administrators and allowing parents and students to raise their concerns through an existing administrative complaint process. School administrators need to be aware of the free school guarantee and understand how they may fundraise successfully without infringing on students constitutional rights. Accordingly, AB 1575 seeks to prevent unconstitutional fees by requiring the State Department of Education to provide guidance for superintendents and administrators on a more regular basis. To address instances where students are charged unconstitutional fees, AB 1575 modifies the uniform complaint process currently in place in all schools to allow for local resolution of parent and student concerns without costly litigation. In sum, AB 1575 will provide the necessary guidance, notification, and accountability currently lacking in our educational system to identify and address fees for participation in educational activities. This measure will ensure the free schools guarantee is applied equally to all children in our state and remains a meaningful protection in our Constitution. Sponsor: ACLU Staff contacts: Catalina Hayes-Bautista, (916) 319-2050