School Law Bulletin [serial] 9, 2 (April 1978)

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In New Mexico the state supreme court limited fees under an entirely different theory." In ruling against students who had filed a class action, the court con- strued the state constitution to prohibit fees for re- quired courses but allow them for electives. Indigency was not mentioned.
Colorado has required that free texts be provided for indigent students since 1883, and the state su- preme court pointed to that fact as proof that the framers of the state constitution and members of the Gene
...ral Assembly did not expect the state to furnish free texts to nonindigents. The court held that, in the absence of proof that social conditions had altered drastically, the nineteenth-century provisions, now the status quo, under which indigents must receive free books and individual school boards may choose to furnish them to all students satisfied the requirement of a "thorough and uniform system of free public schools. "'- In Alabama the state attorney general attacked on federal constitutional grounds a state law permitting local school boards to charge high school matriculation fees.

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