On the constitutionality of school fees : a reply to Roithmayr : research article
Year: 2004
Type: article
Abstract: The constitutionality of school fees has attracted considerable public and academic debate of late. In her recent issue paper, Daria Roithmayr (2002) claims that the elimination of a user fees
system in public schools is necessary in order to satisfy three constitutional requirements: (1)
the right to access to basic education; (2) the right to an adequate basic education; and (3) the
right to an equal basic education. This article analyses the strength of both the empirical claims
and the legal arguments upon which Roithmayr and others base their attacks on the
constitutionality of school fees. Available empirical evidence suggests that school fees do not
constitute a significant barrier to access, cannot be organically tied or causally linked to an
inadequate basic education and would not meaningfully enhance human dignity if eliminated.
If the authors' assessment of such evidence is correct, then those constitutional arguments based
upon a relationship between fees and access, adequacy and dignity lack purchase. That said,
this article proffers only a qualified defense of the constitutionality of a user fee system. School
fees may well be necessary to ensure the progressive realisation of equality, quality and
accessibility in our public schools. However, as the convergence between Roithmayr and the
authors' positions suggests, good policy, not constitutional law, requires the modification of the
current user fee system.
Source: Perspectives in Education
Author: Brahm Fleisch
Language: English
Topic: Legal Issues in Education
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $190
OpenAlex ID: W34635846