Facts

Gina de Baca and Vivian Mahl filed a class action lawsuit against the Santa Monica-Malibu Unified School District alleging unlawful fees were imposed on parents of students in the District.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the District illegally charged them "pupil fees" in violation of the California Education Code and Article IX, Section 5 of the California Constitution. Plaintiffs alleged that Article IX, Section 5's free school guarantee required the state to provide a system of common schools by which a free school must be supported in each district. As such, plaintiffs claimed that the District could not require any pupil to pay a fee, deposit or charge not specifically authorized by statute for participation in educational activities. Plaintiffs asserted that the District should reimburse parents and students for the illegal pupil fees they paid, which in total amounted to millions or tens of millions of dollars.

DEFENDANT'S CONTENTIONS: The District argued that its policy and practices were lawful, that any fees charged were authorized by law, and that plaintiffs misconstrued or ignored certain statutory fee authorizations. The District also argued that plaintiffs were seeking reimbursement of funds collected voluntarily, which was specifically authorized by law. Further, the District claimed that the state-mandated procedure for parents to file a complaint for fees believed to be inappropriate should have been exhausted, but was not.

Result

Plaintiffs and the District agreed to settle the matter before trial. The District agreed to pay de Maca and Mahl $5,000 each, and the District agreed to reimburse parents and students who provide evidence that they purchased or rented school items after July 12, 2016, and that the purchase or rental was mandatory rather than voluntary.