Texas Education Code - Section 11.158. Authority To Charge Fees
Legal Research Home >
Texas Lawyer > Education Code > Texas Education Code - Section 11.158. Authority To Charge Fees
§ 11.158. AUTHORITY TO CHARGE FEES. (a) The board of
trustees of an independent school district may require payment of:
(1) a fee for materials used in any program in which
the resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if the
fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs
and admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) a fee for personal physical education and athletic
equipment and apparel, although any student may provide the
student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety
established by the board;
(5) a fee for items of personal use or products that a
student may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health
and accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the
property of the student and that are used in extracurricular
activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed
the actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that
requires the use of facilities not available on the school premises
or the employment of an educator who is not part of the school's
regular staff, if participation in the course is at the student's
option;
(13) a fee for a course offered during summer school,
except that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee during
the regular school year;
(14) a reasonable fee for transportation of a student
who lives within two miles of the school the student attends to and
from that school, except that the board may not charge a fee for
transportation for which the school district receives funds under
Section 42.155(d); or
(15) a reasonable fee, not to exceed $50, for costs
associated with an educational program offered outside of regular
school hours through which a student who was absent from class
receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required
under Section 25.092.
(b) The board may not charge fees for:
(1) textbooks, workbooks, laboratory supplies, or
other supplies necessary for participation in any instructional
course except as authorized under this code;
(2) field trips required as a part of a basic education
program or course;
(3) any specific form of dress necessary for any
required educational program or diplomas;
(4) the payment of instructional costs for necessary
school personnel employed in any course or educational program
required for graduation;
(5) library books required to be used for any
educational course or program, other than fines for lost, damaged,
or overdue books;
(6) admission to any activity the student is required
to attend as a prerequisite to graduation;
(7) admission to or examination in any required
educational course or program; or
(8) lockers.
(c) Students may be required to furnish personal or
consumable items, including pencils, paper, pens, erasers,
notebooks, and school uniforms, except that students who are
educationally disadvantaged may be required to furnish school
uniforms only as provided by Section 11.162.
(d) The board may not charge a fee under Subsection (a)(12)
for a course to which Section 28.003 applies.
(e) This section does not prohibit the operation of a school
store in which students may purchase school supplies and materials.
(f) A school district shall adopt reasonable procedures for
waiving a deposit or fee if a student or the student's parent or
guardian is unable to pay it. This policy shall be posted in a
central location in each school facility, in the school policy
manual, and in the student handbook.
(g) This section does not prohibit a board of trustees from
charging reasonable fees for goods and services provided in
connection with any postsecondary instructional program, including
career and technology, adult, veterans', or continuing education,
community service, evening school, and high school equivalency
programs.
(h) For a fee charged under Subsection (a)(15), the school
district must provide a written form to be signed by the student's
legal guardian stating that this fee would not create a financial
hardship or discourage the student from attending the program. The
school district may only assess the fee if the student returns the
signed form.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1029, § 3, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 698, § 1, eff. June 18, 1999.
Section: 11.152 11.153 11.154 11.1541 11.155 11.156 11.157 11.158 11.159 11.160 11.161 11.162 11.163 11.164 11.165
Last modified: August 10, 2007
|
