Shermans challenge
$350
high school driver's ed class fee
My daughter, Dawn and I have gone to court to challenge
the constitutionality of Buffalo Grove High School's
$350 driver's ed fee. Dawn was required to pay that fee
in order to enroll in the Behind-the-Wheel portion
of driver's ed. There is no fee for the classroom
portion.
My claim is that the fee violates the
Illinois Constitution's provision that public education,
through high school, shall be free. The Illinois
Supreme Court ruled, in a case dating back to 1925, that
free education means that instruction in the subjects
taught, without a tuition charge, constitutes free
public schools, and that parents who can afford it can
be asked to pay for materials, such as gym uniforms,
towel rentals and workbooks.
The defendants in the lawsuit are High School
District 214 and the Illinois State Board of Education.
All parties agree that the $350 fee includes an
amount to cover the salary and benefits of the driver's
ed teachers.
My claim against the School
District is that the driver's ed fee violates the
Free Schools clause of the Illinois Constitution
(Article X, Section 1, the second sentence of the second
paragraph) by including staffing costs in the fee.
My claim against the State
Board is that their failure to reject, as
unconstitutional, an application by the School District
to raise the fee to an amount that includes staffing
costs, violates the clause of the Illinois School Code
(Section 2-3.3) that requires the State Board to
supervise public schools. The School District's
application was to the General Assembly, but state law
requires the application to be submitted through the
State Board.
The next court date is August 24, 2009, at 10 a.m.,
in the courtroom of Judge Peter Flynn, Room 2408, at the
Daley Center in downtown Chicago.
