Opinion No. (2004)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE BONNIE GARCIA, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: In light of a school district's broad authority to conduct its programs and activities, may a school district assess a fee upon providers of deferred compensation plans to cover its costs of administering the plans for district employees? CONCLUSION Even though a school district has broad authority to conduct its programs and activities, it may not assess a fee upon providers of deferred compensation plans to cover its costs of administering the plans for district employees. ANALYSIS In 57 Ops.Cal.Atty.Gen. 166 (1974), we concluded that a school district may not assess a fee upon providers of deferred compensation plans to cover its costs of administering the plans for district employees. We are now asked to revisit that question in light of the flexibility given to school districts by the Legislature, effective January 1, 1976, in operating their programs and conducting their activities. We conclude that even with its enhanced statutory authority, a school district remains barred from imposing a fee…