Harking back to Bush v. Holmes, it ruled that the «statute [creating the commission] permits and encourages the creation of a parallel system
of free public education escaping the operation and control of local elected school boards.»
In September 2010, the ACLU filed suit on behalf of students alleging the fees violated the California constitution's free public education guarantee and discriminated against lower - income students by creating a «pay - to - learn» system that threatened the
integrity of the free public education system.