Know Your Rights- A Free Public Education:

California Education Code prohibits schools from charging students a fee unless the fee is specifically authorized by law.

California Code of Regulations, Article 3. Privileges of Pupils. § 350. Fees Not Permitted.

“A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.”

Source:

https://law.resource.org/pub/us/ccr/gov.ca.oal.title05.html

Education Code § 38119

On the Capistrano Unified School District web site, the District sites Education Code Section 38119 as the law which authorizes the District to charge students a fee to rent or lease a cap and gown for participation in the high school graduation ceremony.

see: http://capousd.ca.schoolloop.com/cms/page_view?d=x&piid=&vpid=1302857358740

“38119. The governing board of a school district may rent or lease personal property needed for district purposes, including the renting or leasing of caps and gowns for seniors who participate in high school graduation ceremonies.”

Source: http://www.cde.ca.gov/re/lr/fm/fma1202addendum.asp

Ed Code Section 38119 allows the District to rent or lease Caps and Gowns for students to use, but does not give the District authority to charge students a fee for the use of a cap and gown.

On October 4, 2013 the California Department of Education sent a memo to every school district in the State clarifying that districts may not require students to purchase a cap and gown as a condition of participating in a graduation ceremony.

The memo specifically states that if a District requires students to wear a cap and gown to participate in the graduation ceremony, the District must inform students that: (1) the district will provide caps and gowns for graduating seniors use during the ceremony, and (2) students also have the option to purchase an appropriate cap and gown from a vendor.

Most of the High School web sites do not disclose the fact that students can borrow a cap and gown for free. Most send students to a for profit company such as Jostens to purchase caps and gowns and other senior items. A basic cap and gown and tassel from Jostens run $34.95. Packages for additional items such as invitations jewelry and other clothing items run as high as $262.74. The District also allows this vendor to come on to campus and distribute product information during academic class time - senior government class.

A basic cap and gown can be purchased online for as little as $12.50 - so why are Districts pushing students to a for profit company that charges much higher prices?

see:

gradshop.com from $13.95

capandgowndirect from $12.50