Request By:
Ms. Julia Cooke
East Carter County High School
Grayson, Kentucky 41143
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Robert L. Chenoweth, Deputy Attorney General
You have asked the Office of the Attorney General to consider an issue regarding charging students fees. The specific question you have raised stems from a desire to charge students to attend a play presented during school hours. You noted you were the Drama Co-Sponsor. You stated it was your understanding of the law that as long as students who could not afford to pay to see the play were admitted without charge, no violation of the law existed. This issue has been presented due to the fact you have been informed that the law forbids any collection of admissions during school hours from students, whether they pay or not.
It is our opinion students may be charged for admission fees for activities taking place during school hours. KRS 158.107 was amended in 1980 and subsection (2) of that statute reads as follows:
"(2) Students may be charged for admission fees and transportation costs for cultural enrichment programs or field trips; or co-curricular activity under the following conditions:
(a) Participation is voluntary and is not necessary to fulfill the requirements of any course of study;
(b) The activity is of a type authorized by the local board of education;
(c) The activity has been approved by the superintendent as a qualifying activity;
(d) The program or trip is for other than an athletic activity; and
(e) The local school board has arranged to pay such charges for those students who could not otherwise participate."
To be noted is the reference to "cultural enrichment programs or field trips, or co-curricular activity." (Emphasis Ours). We believe it is clear that the activities contemplated to be included under this statute can take place during or after regular school hours. In either situation, the conditions set out in subsection (2)(a-e) must be complied with.
We trust the above will be of assistance to you relative to this matter.