October 1, 1975 

The Honorable M. L. Brockette 

Commissioner of Education 

Texas Education Agency 

201 E. 11th Street 

Austin, Texas 78701 

. 

Opinion No. H- 702 

Re: Authority of school districts 

to charge fees for certain courses, 

school supplies and extra-curricular 

activities. 

Dear Commissioner Brockette: 

You have asked whether a.school district may’impose any or all of the 

following fees: 

1. 

2. 

3. 

Tuition for driver education training. 

Charges for school supplies and instruction and 

lab fees in conjunction witlrnorinal academic, 

vocational or physical education classroom instruction or training. 

Fees for extra curricular activities, such as 

band uniforms, athletic lockers and towels, 

and club membership. 

The Legislature is directed by article 7, section 1 of the Texas Constitution 

to establish “an efficient system of public free schools. “The Supreme Court has 

held that the Legislature alone is authorized to interpret and implement this constitutional provision: 

Since the Legislature has the mandatory duty 

to make suitable provision for the support Andy 

maintenance of an efficient system of public free 

schools, and has the power to pass any law relative thereto, it necessarily follows that it has 

~a choice in the selection of methods by which the 

object of the organic law may be effectuated. The 

Legislature alone is.to judge what means are 

necessary and appropriate for a purpose which the 

Constitution makes legitimate. The legislative 

determination of the methods, restrictions, and 

regi.dations is final, except when so arbitrary as 

to be violative of the constitutional rights of the 

citizen. Mumme V. Mans, 40 S. W.id 31, 36 

(Tex. Sup. 1931). 

p. 3037 
The Honorable M. L. Brockette - Page 2 (H-702) 

The Legislature has not seen fit to authorize any of the charges about 

which you inquire in the Education Code or any other statute. By contrast, 

certain other charges are specifically mentioned in the Education Code. We 

note, for example that section 16. 864 of the Education Code authorizes a district 

to impose tuition for the fourth quarter, section 21.063 permits a district to 

assess a tuition fee for transfer students, section 26. 66 provides for tuition and 

fees for rehabilitation students and section 21.03 authorizes the imposition of 

tuition and fees for vocational training. The Legislature not having authorized 

charges in the area of your inquiries, and having specifically permitted charges 

in other areas, would argue for the conclusion that, the Legislature did not intend 

to authorize charges for those activities about which you inquire. State V. Richards, 

301 S. W. 2d 597,60O(Tex. Sup. 1957); Federal Crude Oil Co. v. Yount-Lee Oil C 0.8 

52 S. W. 2d 56, 60 (Tex. Sup. 1932). 

In a decision rendered by then Commissioner of Education J. W. Edgar on 

April 4, 1966, it was held that the assessment by a school district of supply, 

towel and locker fees~~artd the ,i?nforcem’eht thereof.bythe ‘withhold$ng:of a’:studeht’s 

report card constitute “compulsory fee assessments unauthorized by law. ” 

Commissioner Edgar stated in his decision that 

[ i] n the absence of specific authority 

expressly granted, constitutional or 

otherwise, empowering, a school district 

to assess or impose and collect the defined 

‘supply fee, ’ made intentionally compulsory 

~. by the simple expedient of withholding report 

cards and/or transcript until paid, it would 

be and is my, best judgment and opinion that 

the imposition and collection of same is 

without legal support and contravenes the 

spirit and intendment of the school laws considered in para materia . . . . Article VII, 

Section I, Constitution of Texas, has vested 

itithe Legislature the responsibility to make 

suitable provision ,for the support and maintenance of an efficient system of public free 

schools. As I see it, this Constitutional mandate militates against the school district assessing such unauthorized fee, thereby to protect a 

child or his family, indigent or otherwise, from 

the experience of harassment or humiliation that 

can evolve from such impositions and forced 

collection thereof. 

p. 3038 
The Honorable M. L. Brockette - Page 3 (H-702) 

The courts have held that the construction placed upon,a~statute by the agency 

charged with its administration, while not binding, is entitled to substantial 

weight. Calvert v. Kadane, 427 S. W. 2d 605, 608 (Te~x. Sup: 1968); Armco 

Steel Corp.’ v. Texas Employment Comm’n. J 386 S. W~i 2d’894, 896Civ. 

App; --Austin’1965 writ ref’d, n. r. e. ). 

On the basis of the 1966 decision rendered by the Commissioner of 

Education and the Supreme Court’s language in Mumme U. ,Marrs, s, and 

in the absehce of any specific legislative sanction, it :is our, opinion that a school 

distkict does not have the authority to impose any of the charges about which you 

inquire. 

For purposes of this opinion, it is not necessary to determine what kind of 

fees, if any, the Legislature might authorize under article 7, section 1 of the 

.-Texas Constitution: We n.ote;~h owever, that there is a significant difference of 

.‘: opinion’aniotig the appellate courts of ‘othe’r’%tates as. to,what is requiied’by a 

constitutional provision establishing a system of “free public“schools. ” See 

Vandevender v.’ CaBsell,’ 208 S. E. 2d 436 (W. Va. 1974); Board’of Education. 

Sinclair, 222 N. W. 2d 143 (Wis. 1974); Granger V. Cascade County School 

District No. 1, 499~P. 2d 780 (Mont..,l972); Hamer v. board of Education of 

School District No. ,-109;‘~ 265 N. E. 2’d-616 ‘(Ill,.‘.l971);‘Bond v. Board of Public 

Schools of Ann Arbor School District, ‘178 N. W. 2d’484.(Mich. 1970); Paulson v. 

ySchdolDistrictNo.31, Minidoka Count 463 P. 2d~935 (Idaho 1970); Chandler v. 

South Bend Community School G p 312 N: E. 2d 915(Ind.App. 1974); Hamer v. 

Board of Educatibn of School Di%z; No. 109, 292 N. E. 2d 569 (Ill. Appm 

SUMMARY 

In the absence of specific legislative sanction, 

a ,.school district does not have the.‘authority to 

impose tuition for driver education training; charges 

.for school supplies and instruction’and lab fees in 

conjunction with normal academic, vocational or 

physical education classroom instruction or training; 

or fees for extra-curricular activities I such as band 

uniforms, athletic locker’s and towels, and club membership. 

/Yerv truly vouis,~ 

Attorney General of Texas 

p. 3039 
The Honorable M. L. Brockette - Page 4 (H-702) 

*ROVED: 

Opinion Committee 

jad: 

p. 3040