Granger v. Cascade County School Dist. No. 1

• Decision Date: 20 July 1972
• Docket Number: No. 12169,12169
• Parties: George GRANGER, Marjory Brown, et al., Plaintiffs and Appellants, v. CASCADE COUNTY SCHOOL DISTRICT NO. 1, Defendant and Respondent.
• Court: Montana Supreme Court

Page 780

499 P.2d 780

159 Mont. 516

George GRANGER, Marjory Brown, et al., Plaintiffs and Appellants, v. CASCADE COUNTY SCHOOL DISTRICT NO. 1, Defendant and Respondent.

No. 12169.

Supreme Court of Montana.

Submitted April 17, 1972.

Decided July 20, 1972.

Robert B. Gillan argued, Great Falls, for plaintiffs and appellants.

Robert L. Woodahl, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Michael T. Greely, Deputy County Atty., Great Falls, for defendant and respondent.

HASWELL, Justice.

Several parents whose children attend elementary and secondary schools operated by defendant school district filed a class action against the district seeking a declaratory judgment and injunction against certain school fees and charges. The district court of Cascade County, the Hon. Paul G. Hatfield, district judge, granted a judgment awarding in part the relief sought by plaintiffs and denying it in part. Plaintiffs appeal from the final judgment.

The facts in the case are undisputed. All are contained in admissions in the pleadings answers to interrogatories, and exhibits attached to the answers to the interrogatories. Neither oral testimony nor depositions were offered in evidence.

In July 1970, a complaint was filed in the district court seeking (1) a declaratory judgment that certain fees and charges for educational materials furnished by defendant school district to pupils attending the elementary and secondary schools therein were illegal, and (2) a permanent injunction (a) prohibiting collection of such fees and charges, and (b) enjoining the school district from requiring that parents furnish at their own expense items and materials used in school courses. The complaint was filed as a class action by three plaintiffs who had children attending various public elementary schools, junior high schools and high schools in Great Falls, Montana. Defendant was Cascade County School District No. 1, which operates such public schools.

The fees and charges alleged to be illegal were 'fees of any nature in respect of any classes offered by schools within said school district and in respect of any facilities or equipment employed in said classes', including fees for the use by pupils of 'laboratory, musical, home economics, trade training and commercial equipment' and 'fees for the purchase and use of athletic equipment, school supplies and work books'. According to the complaint, the various elementary and secondary schools within the defendant school district intend to impose such fees and charges during the 1970-1971 school year unless restrained by the district court.

On August 27, 1970, because of the imminence of the school year, the district court granted an injunction pendente lite restraining defendant school district from imposing specified fees on children supported by federal, state, or local welfare and public assistance programs or whose parents could otherwise establish economic hardship.

Defendant's answer can be characterized as a general denial.

Forty-eight interrogatories by plaintiffs to defendant school district were filed which the school district answered in a comprehensive document of twenty-seven pages including two exhibits. These answers furnish most of the factual data involved in this action.

The case was submitted to the district court on this basis with briefs. On August 30, 1971, the district court entered its findings of fact, conclusions of law and judgment set forth in full as follows:

'FINDINGS OF FACT

'I.

'That during all the times herein pertinent plaintiffs and others similarly situated have been required to pay certain fees and furnish certain materials and supplies.

'II.

'That certain of these fees were required to be paid and certain of these materials were required to be furnished for courses or projects that are required by the defendant School District.

'III.

'That certain of these fees were required to be paid and these materials were required to be furnished for courses and projects which are not required or for activities which are optional or extra curricular.

'IV.

'The items referred to in paragraph II include, but are not restricted to, work books, towel usage fees for mandatory physical education, field trip fees if the field trip is part of a regular class project, current event magazines.

'V.

'Items referred to in paragraph III. include, but are not limited to, school pictures of all varieties, activity tickets, year books, breakage fees, musical instrument rental, summer school fees, driver education fees, athletic health and accident insurance assessments for lost or damaged school books.

'VI.

'With regard to general use paper, pencils and notebooks, it is the finding of the Court that their usage varies greatly from individual to individual and that their consumption is not directly related to required courses.

'Upon these findings of fact, the Court now makes the following:

'CONCLUSIONS OF LAW

'I.

'All those items referred to in paragraph II. are necessary as a part of a free, public education.

'II.

'It is not necessary for a free, public education that the defendant furnish the items mentioned in paragraph III. of the Findings of Fact.

'Now the Court being fully advised as to the facts of the matter and the applicable law, and having made its findings of fact and conclusions of law herein.

'IT IS HEREBY ORDERED, ADJUDGED AND DECREED that those items mentioned in paragragh II. of the Findings of Fact be furnished by the defendant School Board to all students without charge. All other articles will be the responsibility of the individual students.'

Thereafter plaintiffs filed exceptions and proposed additions to these findings which were not granted. Plaintiffs now appeal from the final judgment to the extent it does not grant them full relief.

The single issue presented for review is whether defendant school district can lawfully impose, directly or indirectly, fees or charges of any kind in respect to courses and activities within its control.

Plaintiffs' baisc position is twofold: (1) that the legislature has not granted school boards the power to impose such fees and charges and without such statutory power school boards have no authority to do so; (2) the Montana Constitution, Art. XI, Sec. 1 requires the legislature to establish and maintain a 'general, uniform and thorough system of public, free, common schools' which precludes a school board from imposing fees or charges of any kind for school courses and activities.

The thrust of defendant school district's contention, on the other hand, is that school boards are granted broad authority by statute which encompasses the power to impose the fees and charges here involved. That constitutionally, a free public education simply means 'tuition free' as far as required courses are concerned, and does not prohibit fees and charges for optional, extra curricular, or elective courses and activities. The school district also points out that no pupil is denied attendance or participation by reason of nonpayment of fees, and that waiver of payment is granted in cases of economic hardship. Finally, the school district contends that the fees charged enable it to provide a higher quality education than would otherwise be possible.

Before proceeding to a discussion of the legal principles involved, a more thorough understanding of the fees and charges imposed by the school district is necessary. From kindergarten through grade three fees from $2 to $5.50 per year are imposed for reading materials and workbooks, and charges of 20 to 25 cents are imposed for field trips. In grades four through six fees of $3.25 per year are charged for reading materials and workbooks; fees from 20 to 35 cents are imposed for most field trips with $1.90 in the fifth grade and $6.50 in the sixth grade being charged for conservation field trips; a musical instrument rental fee of 50 cents per month is imposed, and a $5.00 summer music tuition fee is charged.

In grades seven, eight and nine the following fees are imposed: $1.00 per year for a current events paper in Social Studies; $1.00 in English for a spelling book; $2.00 for materials in Shop; 50 cents per month for rental of musical instruments; and $5.00 for summer music tuition. In grade nine a charge in Shop for the actual costs of materials used supplants the flat $2.00 charge and a summer school tuition fee of $10.00 is charged.

In grades ten, eleven and twelve the fees and charges vary somewhat depending on which of the two public high schools the pupil attends. In grade ten at Great Falls High School the following fees are imposed: Basic Business workbooks $3.30; Personal Record Keeping workbooks $3.30. At Russell High School the fees are: Physical Education $1.00 towel fee and $3.00 suit fee; Personal Record Deeping workbooks $1.25; French workbooks $1.00. In both high schools there is a musical instrument rental fee of 50 cents per month; a $10.00 fee for driver education; a $5.00 tuition fee for summer music; and a $10.00 tuition fee for summer school.

In grade eleven at Great Falls High School the following fees are imposed: Personal typing workbooks $1.50; Bookkeeping workbooks $5.50; Business Data Processing workbook $3.50. At Russell High School the fees are: Bookkeeping workbooks $4.55; Chemistry notebook $1.25; French workbook $1.00; Sheet Metal & Power Mechanics materials $3.00; Electronics Technician $2.00. In both high schools there is a 50 cents per month charge for musical instrument rental, a $5.00 tuition fee for summer music, and a $10.00 tuition fee for summer school.

At Great Falls High School in grade twelve there is a $3.50 charge for Office Machines workbook and 80 cent charge for an Office Education workbook. At Russell High School the following fees are imposed: Typing workbook $2.00; Office Machines workbook $2.25; Shorthand workbook $1.60; and $2.00 for Drafting or Electronics Technician. In both high schools there is a $3.00...