School Fees in B.C.

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Public School Fees: Don't Pay Them!

July 13, 2007 - John Young - The B.C. Supreme Court ruled last fall that school boards must provide standard school courses and required materials for free. There were to be no exceptions.

Yet this spring the B.C. government twisted even more loopholes into our education law. So now school boards all over B.C. are scrambling to set up “specialty academies” and extra equipment fees—another end run around the spirit of the law.

The B.C. School Act and Education Ministry regulations say that every standard course for public school students, with all needed resource materials, must be provided free. The Act and regulations have allowed practically no exceptions.

But now our government and school boards want us to have even more two-tier education. I’m not just talking about those specialty hockey academies and fancy extracurricular field trips.

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School Fee Confusion - Easy Solution

October 16, 2006 - The B.C. Supreme Court, in a landmark decision on September 29, struck down the widespread practice of charging fees for the official education program in B.C. schools.

Since the decision, there has been widespread confusion about "school fees" and fear that the court's decision will harm our children's education due to the loss of these revenues. As a lifelong educator, and the person who brought this court action against this discriminatory and illegal policy of charging fees, I want to clear up the confusion and fear.

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Supreme Court of British Columbia Rules Against School Fees

For Immediate Release (Canada): October 2, 2006

Victoria – Justice Johnston, of the Supreme Court of British Columbia, has released a decision re-affirming that the B.C. School Act, Section 82, prohibits schools from charging fees for anything required from Kindergarten to Grade 12 graduation. A news conference will be held by the successful petitioner, Prof. John Young (retired), and his lawyer, William Pearce, Q.C., at 9 am on Monday, October 2, in front of the courthouse steps in Victoria (850 Burdett Avenue).

“This judgement bolsters the 1997 judgement of Justice Drake, also of the B.C. Supreme Court,” said Young. “Today I am putting school districts and the B.C. Government on notice that there will be costly class action lawsuits if school fees are not eliminated.”

Justice Johnston states in his decision: “A school board is not permitted to charge student fees for courses or for materials, or for musical instruments, that are required for students to successfully complete a course leading to graduation.”

Even the Minister’s own order states: “A board shall not charge fees for goods and services provided by the board to students of school age resident in the school district without which the student could not meet the required learning outcomes or assessment requirements of an educational program provided by the board.”

Five-term Victoria school trustee and lifelong educator John Young filed this petition against the province to stop all school fees in B.C. public schools including: course fees, musical instrument rentals, calculators, school trips, equipment, and everything else needed for any course including electives.

“In most school districts parents are paying fees amounting to hundreds of dollars each year per student,” said John Young. “Fees can be as high as $1,100 for a single course.”

The evidence Mr. Young presented to the court included school fee schedules from 15 school districts in the province, including the largest districts. Illegal fees are being charged everywhere but Victoria and Nisga’a, including: Abbotsford, Cariboo-Chilcotin, Central Okanagan, Cowichan Valley, Delta, Langley, Maple Ridge, North Vancouver, Qualicum, Revelstoke, Richmond, Saanich, Surrey and Vancouver. A sample schedule of fees from across the province and other court documents can be found on the legal page of www.schoolfees.ca.

“Every student, of every economic status, has the right to a quality public education free of charge,” said John Young.

“I am urging B.C. parents to refuse to pay all school fees.”

“I am urging teachers and administrators to stop charging fees.”

“I am asking school districts and the Ministry of Education to issue new policies that ban all school fees forever.”

“Finally, I am calling on the B.C. Government to replace all school district fee revenues – a modest one percent increase in the education budget should suffice, to ensure that the quality of our children’s education is not sacrificed because the law is now being obeyed.”

Young’s lawyer for the application William Pearce, Q.C. (Queen’s Counsel), formerly a senior litigator for the Province of B.C. and Solicitor General of Bermuda, will join him at the 9 am news conference.

John Young’s web site contains more information for parents, educators and administrators, and can be found at www.schoolfees.ca.

Prof. John Young has been an active School Board Trustee with B.C.'s Victoria School District for 14 years. Prior to his first term, he was a lifelong educator, the respected principal of many elementary, secondary and private schools in Canada, and also a college president, a university professor in China, and the deputy minister of education for Borneo. In 1997, he paid to take his own Victoria School District to court over illegal school fees, won and ended the practice. John Young is the president of the B.C. Advocacy Institute. He served for 4½ years as aircrew with the Royal Canadian Air Force during World War II.

Victoria School Trustee John Young Sues British Columbia to End School Fees

Victoria – In a bid to stop all school fees throughout British Columbia, five-term Victoria School Trustee and lifelong educator John Young filed a legal petition against the Province on Friday, June 23. Mr. Young will hold a news conference by the totem pole in front of the Legislature at 2 pm today, to explain why he is taking the Province to court and what he hopes to achieve.

“I won a lawsuit against my own Victoria School Board in 1997, to enforce the School Act’s prohibition against school fees,” said the 85-year old retired educator. “B.C. Supreme Court Justice Drake’s decision held that schools are legally required to provide every school-age student with an educational program free of charge, including elective courses,” said Young. (Drake’s full decision as well as current court documents are available at schoolfees.ca.)

As a result of the 1997 legal action, Victoria is now one of only a few school districts in B.C. that have a no-fees policy. All other districts continue to illegally charge fees for courses, materials, books, band instruments, other items and required school trips. Professor Young will ask the court for a declaration that schools are not authorized to charge education-related fees of any sort and is hoping for a decision before September, when most fees are demanded.

Mr. Young is represented by William Pearce, Q.C., formerly a senior litigator for the Province of B.C. and a former Solicitor General of Bermuda, who has also argued before Britain’s Privy Council.

“School fees create a two-tier public education system – one for the rich and one for the poor,” concluded John Young.

“I have worked all my life to help the disadvantaged and am committed to stopping these illegal school fees,” said Young. “I grew up in a poor Métis family and was discriminated against. I will do everything in my power to prevent such harm to disadvantaged children and families across B.C.”

In BC the educational program must be provided free of charge

The educational program is all the courses taught in the curriculum. They all must be provided free of charge. As well, all the materials necessary to teach courses must be provided for free— Section 82, School Act.

Examples— Food for cooking courses, wood for woodwork courses, cloth for textile, chemicals for chemistry, metal for metalwork, art supplies for art courses, etc.

Your child cannot be denied access to any curriculum course or course activity on the basis that a “fee” has not been paid. The School Act does not permit this practice.

Field trips are not a required part of the official school Educational Program. Students may, or may not, choose to go on a field trip. If the school requires a student to go on a field trip, then the school cannot charge a fee.

What does the “Educational Program” mean? It means “everything that is done by the teacher for his or her class during school hours.” Section 10, Supreme Court decision.

Use the information on this web site to learn how to stop paying illegal school fees in your school district or school board.

Why do we say illegal? Because in British Columbia and many other jurisdictions, school fees are illegal. Read the Supreme Court of B.C.'s judgement, and stop your school and district from charging illegal and unethical public school fees.

Use or modify our sample Letter to the Principal to explain to your child's school why you won't pay illegal school fees this year.

Consider challenging your School District at board meetings on their illegal policies, and engaging your school's Parent Advisory Committee and the BC Teachers Federation, to help end all course fees, school trip costs, and charges for materials and resources.

The Law Says School is Free

BC Advocacy Institute
300-818 Douglas Street
Victoria, British Columbia V8W 2B6
CANADA

Office: (250) 388-7043 phone and (250) 388-7501 fax
Residence: (250) 385-0434 phone and fax