NDCEL - The Umbrella

School Fees
"A Uniform System of Free Public Schools"
Recently the ND Attorney General, Wayne Stenehjem, opined that some fees that are being charged by public schools may violate the North Dakota Constitution. The penalty can be pretty severe if schools are found in violation. They could lose their foundation aid and transportation payments. Here is what the NDDPI is saying about this issue and how complaints will be handled:
School Fees
PURPOSE
The North Dakota Constitution requires a uniform system of free public schools throughout the state. The North Dakota Legislature has implemented that requirement through several statutes and the Attorney General has interpreted those statutes and the constitutional provision in several opinions. This document summarizes the interpretations that will be applied by this office when determining if a fee charged by a school district is permissible. The fact that a fee is permitted or not permitted reflects only the North Dakota law and is not a policy decision which can be changed by this office.
Under North Dakota laws, fees are allowed for the following:
	1. A refundable security deposit for educational textbooks, materials, supplies, or equipment.
	2. A use charge may be deducted from the security deposit if there is wear, abuse, destruction, or loss of a textbook, materials, supplies, or equipment.
	3. Admission or participation in optional extracurricular or noncurricular activities where the student chooses to participate.
	4. Authorized student health and accident benefit plans.
	5. Personal physical education and athletic equipment and apparel, but the school board must allow a student to provide their own equipment if it meets health and safety standards established by the board.
	6. Programs where the resultant product becomes the personal property of the student.
	7. Behind-the-wheel driver’s education instruction.
	8. Goods, including textbooks, and services provided in connection with any postsecondary instructional program, including vocational and technical programs, adult continuing education programs, and similar educational programs beyond the secondary level or outside established elementary or secondary education programs.
	9. Postsecondary enrollment options programs.
Fees are not allowed for the following:
	1. A course for which credit is given.
	2. A course, that is a core subject, whether credit is given or not.
	3. A course a student repeats because of a previous failure in that course.
	4. Credits taken beyond the 17 credits required for high school graduation.
	5. Attendance at a public kindergarten.
	6. Textbooks.
	7. Mandatory activity fees charged without regard to the student’s desire to attend the activity.
	8. A charge to a non-resident student that is not also charged to a resident student.
Administrators should keep in mind that the underlying philosophy in North Dakota is that all students are entitled to a free education. A school may not adopt additional fees not allowed by the statutes and the interpretations applied by the Attorney General. Additionally, continuing to assess a fee that is not permitted by law after being told to discontinue the assessment, will subject the school district to a loss of foundation payments for each student illegally assessed a fee.
Complaint Process
There are three possible options to address a complaint of an unauthorized fee: Resolution at the local level, informal resolution and a formal complaint process. Any interested person may pursue a complaint. The complaining party need not be a parent or student who is paying the fee. This includes parents, agencies, organizations, groups or school district personnel.
Resolution at the local level
Before pursuing a formal complaint, a complaining party should consider whether the fee issue can be resolved locally without proceeding through the formal, written complaint process. The following are suggested steps for an informal, local resolution before a formal complaint is filed with the North Dakota Department of Public Instruction.
Pursuing an informal local resolution is not required.
	Step 1) Talk with the school building personnel involved and let them know of the concern. Reasonable efforts should be made to resolve the problem at the school district level.
	Step 2) If the fee issue is not resolved by step one, the complainant should make an appointment to discuss the issue with the local superintendent of schools.
	Step 3) If the fee issue is not resolved by step two, the complainant may involve the school board by appearing at a school board meeting.
	Step 4) If the complainant is not successful in resolving the fee issue in steps one through three, the complainant may pursue either an informal complaint process or a formal complaint process.
Informal Complaint Process
A complainant may contact the Director of School Approval and Accreditation at the ND Department of Public Instruction for assistance in resolving the fee issue informally. The contact number for the Director is 701-328-1718.
Formal Complaint Process
If a complainant decides to pursue the fee issue with the Department through a formal complaint, the complainant must make the complaint in writing. The written complaint must include:
	Name of school district that the complaint is being filed against
	A statement that a school is charging a fee that violates state law.
	A description of how the fee violates the law.
	The facts on which the complaint is based, including the amount and type of fee being charged.
	The signature, address and phone number of the person making the complaint, so they can be contacted for any additional explanation or information.
	A description of the efforts made to resolve the problem informally, including the names of the persons contacted and any information those individuals have provided that will be helpful to the Director in conducting the investigation.
	Copies of relevant documents, notices, etc.
The formal complaint must be sent to:
	Director of School Approval and Accreditation ND Department of Public Instruction 600 East Boulevard Ave., Dept. 201 Bismarck, ND 58505-0440
The ND Department of Public Instruction will review the complaint to make sure it includes the information needed to conduct an investigation and will notify the complainant within 10 working days that it has been received. An initial report of the investigation will be completed within 30 working days of the receipt of the written, formal complaint. The ND Department of Public Instruction will follow these steps when conducting an investigation into a formal complaint:
	Notify the president of the school board and the local superintendent of schools in writing that a complaint has been filed, what the complaint entails, and what facts have been given; and
	Request the president of the school board and the local superintendent of schools to provide information, records or documents needed to conduct the investigation.
If the Department determines the following steps are necessary it may also:
	Require the school to submit a written response to the complaint;
	Allow telephone or in-person interviews with the complainant and school officials, and others with relevant information; or
	Require the school to allow a representative of the Department to conduct an on-site fact-finding investigation.
After the investigation, the Department may arrive at the following possible findings:
	1. The school district is following the law;
	2. The school district is not following the law and is required to correct the infraction; or
	3. A resolution of the issue was reached during the investigation that assures compliance with state law.
Any school district found to be charging an unauthorized fee will be required to stop charging the fee. The Superintendent of Public Instruction will withhold the foundation aid payments for each student charged if a school district does not stop the charges immediately upon notification the fee is unauthorized.
Unless refunded promptly, an unauthorized fee charged for the current school year will be deemed to be a continuing charge for purposes of withholding foundation aid under section 15.1-09-36(5). The Superintendent does not have any authority to require the refund of unauthorized fees paid in prior years. Parties who wish to receive refunds for those years are encouraged to work with school districts to resolve the matter and if necessary to seek legal counsel as to their legal right to a refund.