Illegal Demand Letters Persist in MCPS

Here's a letter demanding payment of an illegal curricular fee from 2009. Note the threats if the fee is not paid. This particular fee was later deemed a "mistake" by Superintendent Jerry Weast and the demand for payment was dropped.
Demand Letter for Consumer Science Class Fee
Now see what a 2011 MCPS Demand Letter looks like. Note the threats if the illegal curricular fee is not paid.  In this letter the fee is for a class required in order to receive a high school diploma. It's a light copy, here's the text of what this letter from MCPS says will happen if the illegal curricular fee is not paid:

Students with obligations are restricted from participating in any extracurricular activities; including clubs, SGA, drama productions, dances and sports.  Students who are juniors or seniors are not eligible to receive a lunch pass to go off campus or get a parking permit until obligations have been cleared. Seniors must clear obligations prior to graduation.

MCPS Demand Letter for Curricular Fee

MD Atty Gen: How to Appeal an Illegal Class Fee

From the Maryland Attorney General's office:

...we are safe in saying that anything directly related to a school's curriculum must be available to all without charge...

KameenOAGLetter

Board Atty on Your Child's Right to a Free Public Education

Here's what the Board of Education's attorney has to say about the charging of student fees by MCPS.

BreslerLetter

NYT on free public education, why not Washington Post?

Too bad we don't live in New York. If we did our local newspaper would have just printed a piece in favor of following our state constitution's guarantee of a free public school education for all students.

Unfortunately, we live in Maryland and The Washington Post has said that "school fees are justifiable" for our students, even though those fees violate our state constitution.

No social justice here in Montgomery County.

“Most state constitutions, in fact, guarantee all students a sound, basic public education. These constitutional rights cannot be put on hold, even in tough times. It is unconstitutional to call on parents to pay for textbooks and lab fees for required courses. And art, music, sports, basic educational support services and many extracurricular activities that promote learning, creativity and character are not luxuries; they, too, are essential features of a sound, basic education.” 

NYT: When Schools Depend on Handouts

Montgomery bus-fee bill withdrawn | Washington Examiner

Montgomery bus-fee bill withdrawn | Washington Examiner

Schwarzenegger Administration Settles Lawsuit With ACLU - Where's Martin O'Malley?

Ruling Vows To End School Fees - Sacramento News Story - KCRA Sacramento

SACRAMENTO, Calif. -- A court settlement announced Thursday by the Schwarzenegger administration promises to bring school fees in California to an end.

The American Civil Liberties Union and other groups sued the state in September, saying the fees violated the state constitutional guarantee of free and equal public education.

"We had students where actually there name was put on the board for not being able to afford the textbook," Allen Brooks with the ACLU said. 

The group said Folsom High School has been charging $20 to $35 for art supplies, and Colfax High School charges an athletic fee between $150 and $550.

"The governor believes that California's public education should be a free public education. And when we're charging illegal fees to students, that's not a free public education," Andrea McCarthy, the governor's spokesperson, said...

As a reminder, here is the excellent Whitman High School student news story on the illegal curricular fees charged in Montgomery County Public Schools.

Included in this news story is video of the lists of the names of students who have not paid fees on the Whitman High School hallway wall. Student names are posted to humiliate and bully students into paying illegal fees in Montgomery County too. Watch as Board of Education member Shirley Brandman says she doesn't know anything about the posting of student names at her local school. 

Governor Arnold Schwarzenegger has taken a stand on behalf of public school children.

When will Governor Martin O'Malley step up to the plate and speak up for public school children in Maryland? Maybe Maryland doesn't include Montgomery County?

Gazette: State senator scraps legislation to charge fees for magnet transportation

Madaleno says his bill "not sufficient" to preserve programs while giving school board budget options

by Andrew Ujifusa | Staff Writer

A month after proposing legislation for 2011 that would have let Montgomery County schools charge students for transportation to magnet programs, a state senator has dropped the proposal after receiving advice from the Maryland Attorney General's Office...

...Madaleno's chief of staff, Adam Fogel, indicated that the senator had received informal advice from Attorney General Douglas F. Gansler's (D) office this week that the proposal could run into legal problems with Maryland law that requires public school students to receive a free education.

"The Attorney General's Office suggested in their advice to us that any bill may be in conflict with the Maryland State Constitution," Fogel said.

Fogel also said that even before constitutional questions were considered, the required bill would have had to have explicitly given the school board the power to charge such fees rather than Madaleno's proposed repeal of the prohibition on the board...

Continues here.

Bus Fees: Senator Madaleno to Withdraw Bill

The Parents' Coalition has learned that, according to Senator Madaleno's Chief of Staff, "Senator Madaleno has decided to withdraw MC 10-11 because of advice he received from the Office of the Attorney General. They advised him that the bill, as currently written, is insufficient to provide the Board of Education with the authority to charge any bus fees. He has been in conversations with the Board of Education about this issue since last year and hopes they will be able to find alternative means to continue this service for students."

CA: ACLU case on school fees may be settled

The similarities between the MCPS "pay for education" system and what has been going on in California are amazing.  When did the fundamental right of equal access to education for all fall by the wayside in America? 

SIGN ON SAN DIEGO: ACLU case on school fees may be settled

The group wants state to make a free education free

BY TANYA SIERRA

SATURDAY, NOVEMBER 20, 2010 AT 7:42 P.M.

The American Civil Liberties Union, which sued the state in September in an effort to stop schools from charging illegal fees for uniforms, locks, gym clothes, athletic “spirit packs” and other dues, may settle the case this week.

Mark Rosenbaum of the Southern California Branch of the ACLU said he could not disclose details of the expected settlement, but said one option would involve the state Board of Education taking on an enforcement role.

“The emphasis is going to be on stopping future violations and making sure there is a meaningful accountability system,” said Rosenbaum, who is litigating the case with San Diego and Northern California branches of the ACLU and the private Los Angeles firm of Morrison & Foerster...

 “The law is clear here and it is being openly flouted up and down the state,” Rosenbaum said. “A free school means a free school. Free schools are the linchpin of the American dream.”

The California Constitution guarantees a free public education...

...“Kids were being humiliated,” Rosenbaum said. “Their names were being put up on the board. Another student was denied a book for weeks while a class was ongoing and was told ‘you can’t have one but we will loan you a book but can’t underline in it or make notes.’ It was really a system of haves and have notes.”...

...But now that districts have had so much notice and for years have known charging fees to participate in activities or classes is against the law, going after refunds is appropriate, he said.

Rosenbaum would not say whether mandatory refunds would be a part of next week’s settlement.

“At this time all options are being considered,” he said.

Pending Legal Action on School Fees in California

The ACLU is suing numerous California school districts over fees charged to students in public schools.

Maryland's Constitution guarantees a free public education for its students - so when your children come home requesting a mandatory fee, you don't have to pay it - unless you want to make a donation to the school

From the article:

Public schools across the nation, many facing budget shortfalls, have been charging students fees to use textbooks or to take required tests or courses.
Now a civil liberties group is suing California over those proliferating fees, arguing that the state has failed to protect the right to a free public education. Experts said it was the first case of its kind, and could tempt parents in other states to file similar suits.

Blair HS and Lessons in Deficit Spending - Part 2 on Graduation Fees

From the MBHS Listserve - finally a breakdown of those pesky and illegal senior fees.

Note to Blair - the bus transportation is clearly optional and can cut down the assessment significantly. So are the flowers.

And, in case you are wondering, yes, in fact, the school administration admits that graduation is optional. These fees are not covered by the MCPS Curriculum Fees policy. Students don't have to pay, and if a student isn't "sponsored" by a generous member of the community, the student will not be able to attend.

Wow. 

Here is what the law says:

The Maryland State Constitution provides for a free public education.  Article VIII, Section I.   The Court of Appeals has said that it "means that schools must be open to all without expense." State of Maryland ex rel. Clark v. The Maryland Institute for the Promotion of the Mechanic Arts, 87 Md. 643, 661 (1898).    

Even the US Supreme Court has weighed in:

"In this society, high school graduation is one of life's most significant occasions, and a student is not free to absent herself from the exercise in any real sense of the term "voluntary.""  Lee v. Weisman, 505 US 577 (1992). 

I don't see an exemption for Blair High School, do you?

Graduation MBHS March 12

The "Almost a Free Public Education" Winner is...

Montgomery Blair High School!

Montgomery Blair HS is only charging illegal curricular fees in 5 classes this year!

Students can ALMOST get a free public education at Montgomery Blair HS in Silver Spring!

From the just released list of Curricular Fees (yes, they are still illegal) here are the runners up showing the high school and the number of classes where each school is charging students a fee for the 2009-10 school year.

Once again, a student can take a class at one school and the class is free, but at another school a fee is charged. Is that equitable?

Remember - in reality there are no curricular fees this year because all will be waived. A free public education is available for your child for the asking!

If you ask to have a curricular fee waived it will be waived, no questions asked, no forms to fill out. Why? Because curricular fees are illegal in the State of Maryland. MCPS won't fight you if you don't pay because they have no legal right to collect curricular fees.

Here is the list of MCPS high schools with the number of courses where they are charging curricular fees.

How can Blair HS only be charging curricular fees in 5 classes but Watkins Mill HS is charging curricular fees in 79?

Blair 5

Seneca Valley 7

Quince Orchard 9

Wheaton 14

Blake & Poolesville 17

Magruder & Northwood 21

Clarksburg & Springbrook 24

Kennedy 26

Sherwood & Walter Johnson 27

Churchill & Wootton 28

Einstein 31

Damascus 33

Rockville 35

Gaithersburg 36

Northwest 37

Whitman 42

Richard Montgomery 44

Paint Branch 46

BCC 48

Edison 58

Watkins Mill 79

RICA has only 2 classes with fees, however it is a much smaller school than those above.

Live - from the MCPS BOE Policy Committee . . .

. . . a new policy on curricular fees.

Yes, curricular fees will make a return appearance in Montgomery County Public Schools for the 2009-2010 school year.

See for yourself the discussion from the July 21, 2009 BOE Policy Committee meeting.



According to Lori Christina Webb, Dr. Lacey's most capable assistant and policy guru, MCPS decided that the fees are still legal - and has trained everyone, including principals, fiscal assistants, administrative secretaries, business managers, and resource teachers, concerning the new definitions of curricular fees. MCPS has also drafted a new website where parents can get answers in English and five different languages concerning the fees that they may be charged.

Tons of training - but what exactly are the fees and when will we be informed? Silly parents, the lists aren't even drawn up yet. The lists were due to the Community Superintendents on July 22, and Lori Christina Webb expects that the process may take several weeks before the lists are finalized.

So what exactly did the training cover? The definition of what is a curricular fee?

Here is my training. One word. Illegal.

That's right, it doesn't matter what MCPS says, in Montgomery County we are entitled to a free public education. Its in the state Constitution, Article VIII. The Office of the Maryland Attorney General says so too.

So - why does the MCPS Board of Education continue to insist on charging for what the taxpayers of the state have already funded? More training isn't going to solve the problem. Neither will fancy letters in multiple languages.

To this writer, the school system - BOE, MCPS, Lori Christina Webb, and Frieda Lacey, should be concentrating on using public funds for the intended purpose - purchasing the materials our children need to ensure an appropriate education, instead of training staff how to violate the law.

Illegal is still illegal.

MCPS needs to take a page already developed by its grading and reporting gurus - when a student doesn't attain a concept, the mantra is to reteach and reassess. How many times do we need to reinforce that the school system cannot charge curricular fees?

Parents and students - don't be fooled this school year. If your school sends home a note requesting a fee that you believe is illegal, send a description of the violation to the Attorney General of Maryland at oag@oag.state.md.us or by postal mail to Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21209.

Word of the Day - Incentive

Today's word of the day is brought to you from the new MCPS Curricular Fees Guideline.


Yes, Virginia, public schools are still free under the Maryland Constitution and state law, although you would never know it from reading the new MCPS pages on school fees. Tons of verbage - how is any parent /guardian going to understand? MCPS thinks that simply translating the parent letter from English into Chinese, Vietnamese, French, Korean, and Spanish will be sufficient.


Aside from the still not in compliance nature of the policy and the illusive waiver provisions, several terms seems to be left off of the MCPS page on definitions. Lets start with my favorite omission.

INCENTIVE

According to MCPS, secondary school parents can still be charged for incentives.

From the secondary schools Frequently Asked Questions:

5. Can an activity fee be charged for incentives or school activities?

Response: Yes. Each principal may determine, in collaboration with the school and parent leadership committees, if noncourse-related fees for items such as incentives and school activities will be charged to students. The principal will communicate information about such fees and their purpose to all parents.

But what is an incentive? Here is the definition from MSN Encarta Dictionary. Now, tell me, isn't it the responsibility of schools, along with the parents and the community, to motivate our students? If so, why is this now something subject to an additional constituent or user fee?

After all, if its public school and its part of the curriculum, shouldn't it be free?

********************************

incentive
	in·cen·tive [ in séntiv ] noun (plural in·cen·tives) Definition: something that encourages somebody to action: something that encourages or motivates somebody to do something adjective Definition: encouraging or motivating: serving to encourage or motivate somebody [Early 17th century. <> incentivum "something that sets the tune" < incinere "to sound" < canere "sing"] in·cen·tive·ly adverb

Weast can't provide free public education

In a February 3, 2009, memorandum to the MCPS Board of Education, Superintendent Weast states that, "The cost of eliminating all fees and expenses for students would be prohibitive."
Superintendent Weast is stating that he is unable to follow the Maryland Constitution and provide all MCPS students with access to a free public education? Why is he unable to follow the law?
Below is the memorandum where he makes this statement. The memorandum was supposed to be in response to Board members questions about the cost of eliminating all Curricular Fees.
However, the memorandum is very confusing because Superintendent Weast discusses all student fees - extra-curricular fees and parking fees are not the issue.
What is at issue is the charging of public school students to attend classes in MCPS public schools. How is it that the law can be followed in other Maryland counties, but cannot be followed in Montgomery County?
02 03 09CourseFees(2)Memo

Publish at Scribd or explore others: Reports memo Politics-Campaigns-a

WTOP: Audit of High School Shows Lots of Red Ink

Kate Ryan, WTOP Radio

POTOMAC, Md. -- Parents wondered why they had to pay for textbooks. Auditors warned that sloppy record-keeping was causing problems.
Now, after finding that Winston Churchill High School's activity funds are nearly a $250,000 in the hole, the school's finances are being sifted through by the Montgomery County School's Department of Reporting and Regulatory Accountability...full report here

...When asked about the audits -- which are conducted at each school annually -- Edwards explains that the auditors are currently "working with the school to rectify the situation."
Edwards says it was unusual, but "the audit did not show any evidence of malfeasance, the audit shows that there were some serious deficiencies in their record keeping practices."
But why is Churchill, a school in an affluent area in one of the country's wealthiest counties, charging parents for Advanced Placement textbooks?
"We're in the process of checking that out too, to find out what the situation is -- if parents were in the position of paying for textbooks there, if so why, because they should be provided," Edwards says.
COMAR, the Maryland annotated code, requires that schools provide textbooks free of charge to students.