Request By:
Mrs. D.D. Cooksey
2233 Bath Avenue
Ashland, Kentucky 41101
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Acting Deputy Attorney General
You have asked the Office of the Attorney General for an opinion regarding the assessment of fees and the varied sales campaigns conducted by student organizations. As to the sales campaigns, KRS 158.290 is pertinent. Enclosed are two opinions of this office, OAG 78-508 and 79-330, which should be of assistance in applying the provisions of this statute.
The bulk of your opinion request relates to charging fees to students. You stated that it was your understanding that certain kinds of fees are permitted. You question, however, whether school band students may be required to attend summer band camp and to pay their own expenses of approximately seventy-five dollars in order to participate in the marching and concert bands during the regular school year. You also asked whether laboratory fees, small sums for dramatic laboratory fees, small sums for dramatic or musical programs on school time, admission for sports events during the school day are permitted.
The pertinent statute for considering your fees questions is KRS 158.107. The text of this statutory provision and our general construction of it may be reviewed in OAG 78-835, copy attached. In that opinion this office concluded "that KRS 158.107 prohibits the charging of a fee for any activity, program, or trip which is tied in with or connected to the student's enrollment or full participation in any regular school program. The scope of this statute also extends to those school sponsored trips or activities which, even though they take place at a time other than the regular school day, are made part of the student's regular school program." We believe that conclusion is generally dispositive of your questions. We do wish, nevertheless, to look separately at each of the situations you have presented.
The specific reason the charging of a fee to the students for band camp is prohibited is that the camp is required for participation in the bands during the regular school year. KRS 158.107 provides that a fee is not to be charged "for * * * full participation . . . in any regular school program." As we understand the situation you presented for our consideration, participation in the summer band camp is a condition precedent to full participation in a regular school program, i.e. band. If the opportunity to participate in the band camp was left up to the student and no sanctions or proscription accompanied the election of a band student not to attend the camp, then the charging of a fee for the camp would not be within the scope of the statute.
The prohibition against charging laboratory fees stands on the same reasoning given above for the band camp fee. Also, by laboratory fees we take you to mean fees associated with activities in regular school programs such as chemistry, biology, science, etc. It should be noted that "materials, other than instructional materials, which become the property of the pupil" may be charged for to the student.
The so-called "small sums for dramatic or musical programs on school time" have been a source of many complaints, questions and frustrations. As was pointed out in OAG 78-835, supra, such sums may not be charged to the student if the cultural enrichment activity or other program is offered on or off the school facilities during a part of the minimum six hour school day. KRS 158.060. To charge a student for any activity conducted during the minimum school day is, in essence, a charging for going to school that day. KRS 158.107 absolutely prohibits such a charge.
Your question regarding a charge for admission for sports events during the school day causes us concern but for reasons other than the charging of a fee problem. The reason for this is the "during the school day" part of your question. By regulations of the State Board for Elementary and Secondary Education, no school day is to be shortened for any outside activities such as athletic events. See 703 KAR 2:010, Section 7. Also, as to attendance, see 703 KAR 2:050, Section 2. Thus, while KRS 158.107 does not prohibit the charging of a student to attend sports events, these sports events may not properly be held during any part of the regular school day so as to shorten the six hours required "of actual school work." KRS 158.060.