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A top Maryland lawmaker will seek to make it illegal for any school system to charge students for curricular fees.

Del. Kumar P. Barve, the House majority leader, said Tuesday that he would file a bill before the upcoming General Assembly session in January to save parents from paying the charges. Students who cannot afford the fees can still participate in the class.

"The purpose of public school education is to allow each child to get a great education regardless of their economic background," said Barve (D-Dist. 17) of Gaithersburg. "I don't think it's wise … to stratify students between those who can afford the fees and those who can't."

Concern has grown the last two weeks over the fees. Some parents have criticized the school system for charging for certain classes, saying it is illegal to charge anything related to public education. Some parents have lobbied state lawmakers, the County Council and the Maryland Department of Education to get the fees rescinded.

Last month, Elizabeth M. Kameen, lead counsel for the state Department of Education, cited a 1987 opinion from then-Attorney General J. Joseph Curran Jr., which said that "anything directly related to a school's curriculum must be available to all without charge."

"The ideal would be for the school systems to follow the law as it is," said Louis Wilen, parent of two students at Col. Zadok Magruder High School in Rockville. "But if it takes a bill to reinforce the existing law, I say, ‘Sure, go for it.' I just hope that they would follow the law that says follow the law."

Some schools charge its students more than others. Clarksburg High School is scheduled to charge its students 220 fees, including $35 for a food trends class; $90 for a workbook and tools for a network class; and $30 for a photography class.

John F. Kennedy High School in Silver Spring will only charge 16 fees, according to documents, including $35 for an international food class and $20 for an SAT Prep workbook.

A 5-year-old board policy gives each school the power to ask students to buy materials for class. Students are still given access to the materials if they cannot pay the money, according to the policy. The school system has a similar regulation in place on course fees.

Students should be "studying classes, not filling out forms" related to school fees, Barve said.

The school board is scheduled to get legal advice on school fees during its Sept. 9 meeting in Rockville. The scrutiny has increased, but some parents have battled for years against county fees.

Last summer, a parent questioned the legality of extracurricular activity fees in Montgomery after the Supreme Court of British Columbia ruled that such fees are illegal and suggested that schools cut costs or the government raise taxes.

In response, attorney Judith S. Bresler said that while the county's funding source should provide the money for extracurricular activities, "the reality has not matched that ideal … as a result, the school board was faced with the prospect of eliminating or greatly curtailing these opportunities for students or finding other ways to support the activities and administering them as fairly as possible."

Bresler could not be reached for comment.

"I don't have any information about Mr. Barve's proposal, but I am confident that we will be speaking and working with him to achieve our shared goal that no child is deprived of an education," said school board member Sharon W. Cox (At-large) of Germantown, chairwoman of the committee that created the policy.

School system spokesman Steve Simon said he was unaware of Barve's proposal.

Barve has not framed the language of the bill, but "whatever it is he proposes needs to be clear of what exactly constitutes a curricular fee," Cox said.

In 1996, the county school board sought to charge students a $50 annual transportation fee to ride the bus. The plan, later deemed illegal by attorneys, would have required students to flash a ticket before getting on the bus.

State lawmakers then passed a law that all students should ride the bus for free. Barve's proposal "sounds like another variation on that approach," Wilen said.

"Congratulations to Delegate Barve for being the hero we've been looking for," said parent Janis Sartucci, an outspoken critic against school fees. "It's sad that it would take legislation to reinforce what the law already guarantees."