TO THE ADMINISTRATOR ADDRESSED:
On April 12, 2000 the Texas Attorney General's Office issued Opinion JC-0207 relating to school districts charging tuition in certain circumstances. Questions had been raised whether or not districts could charge students, not eligible for state funding purposes, tuition for participation in pre-kindergarten or kindergarten programs. The opinion held that there is no statutory authorization for a district to charge tuition for pre-kindergarten or kindergarten programs for students who are not statutorily eligible to attend the state funded program.
The opinion follows a long-established rule in Texas law that local governments must have permission from the Texas Legislature to charge the public a fee for governmental services. While the effect of the opinion is to limit the ability of school districts to finance these programs by charging tuition, it does not prohibit a district from enrolling and serving students who are not eligible for state funding. School districts can serve ineligible students if they can raise sufficient funds in other ways. It is the position of this agency that no refunds are due to parents whose children have received the services for which they paid.
If you have any questions or need additional information, please contact TEA's Office of Legal Services at (512) 463-9720.
Sincerely,
Jim Nelson
Commissioner of Education
For further information on this topic, contact Legal Services at (512) 463-9720.