Schools have gone too far in charging student fees

The New Mexico State Constitution requires each child to be provided with a free education.

But, in some cases, combined fees can amount to $100 dollars or more per family. This practice, while unconstitutional to all families, impacts lower income families particularly hard.

Perhaps you are one of those parents who is being compelled to pay the unconstitutional fees, or perhaps you want to uphold the state constitution. I am both.

Recently, my wife and I were asked to pay a $30 student service fee. When we refused, we were forced to sign a form with the clause “failure to make payments may result in a hold of official transcripts and diploma.” We were told if we didn’t sign it, our children (who had attended this district since kindergarten) would not be allowed to register.

As I researched the issue more deeply, I found that such fees are being charged all over the state of New Mexico.

Fees for extracurricular activities and the expenses associated with them (i.e. for parking in school lots, for loss or damage of school property, sport and activity team or other extraneous expenses) are not included in a free edu- cation and can be charged.

Since parents all over the state are being asked — or compelled — to pay these extra fees, legislation to address the entire state, not only individual school districts, is needed.

My bill, SB 47, addresses this need.

It prevents schools statewide from charging illegal fees, while outlining specifically which fees schools may charge.

It protects parents’ legal rights, while offering sensible options for schools to collect funds.

I served as vice president of Rio Rancho Public Schools and I understand the budgetary difficulties that schools must deal with. However, I cannot sanction the blatant illegality of such fees.

Rationalizations, however well-meaning, do not justify acting outside the law.

When I became a senator, I swore to uphold the Constitution of the State of New Mexico. I take that vow very seriously.

I also believe that it is my duty to protect the citizens of New Mexico from those who would undermine that constitution.

Local school boards should not be able to demand illegal fees from parents, especially under the threat of withholding the services they are legally bound to deliver free of charge.