This page contains the GUIDE TO FEES put out by the Parents' Coalition in August of 2008. Scroll down the page for the GUIDE TO FEES and all of the latest news on the illegal curricular fees being charged in Montgomery County Public Schools.
January 30, 2009: MCPS Board of Education cited for violation of Maryland Open Meetings Act on September 9, 2008 for failure to disclose Closed Session discussion of Curricular Fees.
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School Fees according to Maryland law as explained by MCPS Board of Education's own attorney, Judith Bresler. Click here to read her explanation.Monday, October 27, 2008 at 9 AM the Montgomery County Council's Education Committee received an update on curriculum fees charged to MCPS students. However, the packet prepared by Council staff does not review the Maryland Constitution, Attorney General Opinions or advice, Maryland Statutes, or Maryland State Board of Education opinions. It appears the Council's Education committee will discuss curriculum fees without consideration of Maryland law. Click here to read the packet prepared by Council staff for the Oct. 27th update.
On August 19, 2008, MCPS Chief School Performance Officer Stephen Bedford issued a countywide memo (click here to read full text) to all principals and teachers that states, in part, "There may be individuals or organizations that attempt to tell you that no fees may be charged. This is their interpretation of the law". This memo is being distributed by MCCPTA as well.
Here is what the memo from MCPS does not tell principals and teachers: The "person" that is interpreting the law is the Attorney General for the State of Maryland.
The day before MCPS issued the above memo to all staff, Superintendent Weast received a letter from the Chief Counsel to the Maryland State Board of Education. The letter was a restatement of Maryland law as it currently exists and quoted from an opinion of the Maryland Attorney General on the issue of curricular fees in Maryland public schools. Click here to read the full text of the letter from the Maryland Attorney General's office by the Chief Counsel to the Maryland State Board of Education. Click here to read the attachments to her letter that show the legal opinions to support her cover letter. The letter was written by Assistant Attorney General Elizabeth M. Kameen, chief counsel to the Maryland State Department of Education.
Contact us by sending an e-mail to: contact@parentscoalitionmc.com
See the lists of student debtors posted on the walls at Whitman High School in Bethesda, Maryland.
See Board of Education President and Whitman parent Shirley Brandman say "I really don't know what that incident refers to" when asked about the posting of student names on school walls.
Guide to fees for textbooks and materials of instruction
Rules for charging fees for textbooks and instructional materials in Maryland
Maryland law is clear: Public
schools are not permitted to charge fees for textbooks and
instructional materials. The law has been interpreted and reaffirmed
by the courts.
Maryland Constitution Article VIII, Section I of the Maryland Constitution requires the General Assembly to establish and maintain "a thorough and efficient system of Free Public Schools." In interpreting this provision, 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). The Maryland Attorney General has opined that at the very least "anything directly related to a school's curriculum must be available to all without charge." [Edition] 72 - Opinions of the Attorney General 262, 267 (1987). Affirming the continued applicability of the Constitution and the opinion of the Attorney General, both were cited in opinion No. 03-29 of the Maryland State Department of Education, dated August 27, 2003.
Maryland State Code §
7-106. Textbooks, materials of instruction, and supplies. (a) Selection
and purchase of school materials. On the recommendation of the county
superintendent and subject to the provisions of this article, each
county board shall adopt procedures for the selection and purchase of
the following necessary items, at the lowest price consistent with good
quality, for use in the public schools: (1)Textbooks;
(2)Supplementary readers; (3) Materials of instruction; (4) Visual
and auditory aids; (5) Stationery; and (6) School supplies. (c)
Materials to be furnished free of charge and in sufficient quantities.-
Each county board shall furnish the materials and supplies listed in
subsection (a) of this section: (1) Free of cost for use in the public
schools; and (2) In sufficient quantities for the different grades in
the public schools. [An. Code 1957, art. 77, § 79; 1978, ch. 22, § 2;
1986, ch. 571; 1992, ch. 290.]
Questions and Answers
1. My
school charges fees for some books and materials, but has offered to
accommodate students who cannot afford to pay. Is that okay?
No student
or parent should have to go through the embarrassment of asking for an
“accommodation” to obtain books and materials that are required, under
law, to be provided free of cost to all students. And since fees are
illegal, no student – wealthy or disadvantaged - should ever be asked
to pay for a required book or other material of instruction.
2. My school is issuing “obligation” notices to students who don’t pay the fees. Students who don’t pay won’t be allowed to participate in graduation and other punitive action will be taken.
What should I do?
Many administrators and teachers are not aware that
charging fees for textbooks and instructional materials is illegal.
Politely share this brochure with your school administrators and
teachers to let them know that fees for textbooks, instructional
materials, and anything related to a school’s curriculum are illegal in
Maryland. The schools are funded by taxpayers to provide these
materials, so they should not be asking parents or students to cover
these costs.
3. How
should I report suspected violations of the law?
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.
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Aug 10, 2008
Copyright .Parents' Coalition of Montgomery County, Maryland. All rights reserved.
