ACLU considers dropping suit against Ann Arbor schools after board revokes 7th-hour fee
The American Civil Liberties Union of Michigan is considering voluntarily dropping a lawsuit it filed a week ago against the Ann Arbor Public Schools as a result of a unanimous decision by the Board of Education Wednesday night.
The board voted to revoke a $100 per-semester fee that it was planning to charge students at Huron, Pioneer and Community high schools for taking a seventh class period.
Kary Moss
Courtesy ACLU
The ACLU filed a lawsuit a week ago in Washtenaw County Circuit Court against AAPS on behalf of two Pioneer High School Students, Paloma Paez-Coombe, a 16-year-old junior, and Elliot Polot, a 17-year-old senior, as well as the students' parents.
The suit claimed the fee was illegal, as the Michigan Constitution states public education should be free and equal for students.
“There was really the potential to exacerbate the achievement gap by having it be possible that at certain schools, you could get ... more classes, more credits,” Moss said.
The $100 per-semester fee for a seventh class at Huron, Pioneer and Community high schools was approved by the Board of Education as it was anticipated to save the district about $100,000. The school board had to cut $8.7 million from its operations for the 2013-14 school year.
AAPS was planning to offer scholarships to students who could not afford the $100 per-semester fee. District officials have stated that the law firm representing them on the matter, Collins & Blaha of Farmington Hills, advised the board that a fee for a seventh-hour class would be legal.
Previous coverage
7th hour class fees
- Ann Arbor school board votes to rescind fees for 7th-hour classes
- 7th-hour fee lawsuit: Ann Arbor Public Schools has lost case over fees before
- 2 families sue Ann Arbor schools over fees for 7th-hour classes
- Letter: ACLU calls school board's decision to charge students for 7th hour 'misguided and illegal'
- Ann Arbor school board saves high school busing, reading intervention in harried budget decision
Students at Huron, Pioneer and Community would have still received those six credit hours under the district's plan, but would have had to pay a $100 per-semester fee for a seventh credit hour.
At the meeting Wednesday, school board President Deb Mexicotte said that she still believes the district could implement a fee for a seventh class, but that the district needs to conduct a review of its options first.
"We believe we can do this, and we believe we can do this legally under the constraints of the law and the Constitution. But we may have to just take a breath and get a couple of other pieces in place before we really can implement it," Mexicotte said Wednesday night during the meeting.
The issue has been referred to the district's planning committee as it develops a recommendation for the school board on a tuition-based program proposal.
“I have a hard time understanding what possible steps they could take that involve any kind of fee for instruction under the Constitution,” Moss said.
The ACLU will now consider what is appropriate legally when the school board has resolved the issue that the ACLU was targeting, Moss said.
Moss said the ACLU’s decision about whether to drop the lawsuit against AAPS will depend on future plans the district is considering, and whether they in any way involve fees for instruction.
It's not uncommon for governmental bodies to change their policies once the ACLU sends a letter informing them of an unfair or unconstitutional practice, Moss said. However, AAPS officials took no action following a letter the ACLU sent them in June on the seventh class fee issue.
Amy Biolchini covers Washtenaw County, health and environmental issues for AnnArbor.com. Reach her at (734) 623-2552, amybiolchini@annarbor.com or on Twitter.
Comments
Nicholas Urfe
Sat, Aug 17, 2013 : 2:19 a.m.
Yeah the ACLU has no right to defend our constitutional rights and freedoms! They should let government organizations run completely amok. And that goes for annarbor.com too! You need to stop FOIAing government documents that are otherwise hidden from the view of the public! The public has no right to know what they government is doing, and where all the tax dollars are going! Stop that terrible meddling!
jns131
Fri, Aug 16, 2013 : 5:21 p.m.
The ACLU really needs to disband. They have no right to meddle in the affairs of others. This is a decision of a local school to generate revenue so they can continue on trying to salvage what is left of a realy bad mismanaged school system. And now they have hired a new superintendent who I think is really not all that qualified and by far, shall we say, laughable.
Doug
Fri, Aug 16, 2013 : 3:03 p.m.
So what's to sue about? If it comes up in the future, sue then. This is a no brainer!
craigjjs
Fri, Aug 16, 2013 : 11:35 a.m.
What? No money damages for the emotional distress these students and parents suffered? No six figure attorneys' fees for all the legal work the ACLU did on this case? They should've called Sam.
operabethie
Fri, Aug 16, 2013 : 2:36 a.m.
As a graduate of AAPS, I recall that it was necessary for some of us to take a seventh hour at least one or two semesters. I focused myself on music, and in order to take the electives I wanted, and that ultimately shaped my life and career, I needed the seventh hour!
kfolger
Fri, Aug 16, 2013 : 2:18 a.m.
Amy, did Collins & Blaha provide a written legal opinion and, if so, is it FOIA-able? The language in the State Board of Education's position statement on fees seems to clearly say that school districts can not charge fees. I'm wondering on what basis the law firm advised otherwise.
Amy Biolchini
Fri, Aug 16, 2013 : 2:25 p.m.
kfolger, it's a great question. Typically communication to and from a law firm is exempt from FOIA under the MCL Jack Panitch posted about in his comment.
Jack Panitch
Fri, Aug 16, 2013 : 2:54 a.m.
MCL 15.243(1)(g) appears to apply: "A public body may exempt from disclosure as a public record under this act any of the following: . . . (g) Information or records subject to the attorney-client privilege. Here's a cite to the section: http://tinyurl.com/k3xp9b4
Basic Bob
Fri, Aug 16, 2013 : 1:11 a.m.
I would like to know how some students can get 30 credits in 4 years and other students only 24 credits in 4 years, going to school the same exact amount of time. That might make a big difference on a college or university application, especially if one student can pad the schedule with light weight classes to fluff up the GPA.
Chester Drawers
Fri, Aug 16, 2013 : 12:51 p.m.
No selective college is fooled by 'fluffy' GPA's.
Michigan Reader
Thu, Aug 15, 2013 : 10:11 p.m.
The Michigan Supreme Court opinion the district relies on has as a test "necessary elements of any school's activity" OR "integral fundament part of the elementary and secondary education," those things are free. 7th period is OPTIONAL, so the district is on solid legal ground. The ACLU is student centric when it comes to determining whether 7th period is a "necessary element" or "integral function" of the school, and the district is considering "state centric" requirements.
vida
Thu, Aug 15, 2013 : 9:02 p.m.
It seems the school district wants to offer the 7th hour as an option but doesn't want it coming out of their budget. It seems 6 hours is legal and what most school districts offer. So - saying this is available at a fee seems fair but of course, difficult and not what the current/past Ann Arbor students/parents are used to.
chapmaja
Thu, Aug 15, 2013 : 9:01 p.m.
Here is a thought. Just stop offering the 7th hour classes period. The district apparently can not afford to offer them, so the district should have the schools do what just about every other district does. You offer the 6 periods per day without giving the option of a 7th hour. Personally I'm not sure where the extra cost to the district comes from. What I recall, from substitute teaching at Pioneer was that the teachers either taught hours 1-6 or 2-7. I don't recall ever subbing for someone who had to be there 1-7, so there wasn't added cost to the district. IIRC the reason the 7th period was first used had to do with space availability. That issue was solved with the opening of Skyline. Personally I think the district should just offer 6 hours, and that is it. It would be the same as other districts. Nothing would stop students from taking dual enrollment classes at WCC to get the extra credits they seem to want. If you fail a class then you retake the class on your dime, or you choose to take the class and give up taking an elective class that you otherwise would have taken had you not messed up in the first place by failing a class.
TryingToBeObjective
Fri, Aug 16, 2013 : 1:11 p.m.
So, if you get to take 5 classes per tri, you get 7.5 credits per year, and with seventh hour, you end up with 7 credits per year. I don't understand your point.
johnnya2
Fri, Aug 16, 2013 : 2:06 a.m.
Except when you STOOP offering something that makes you better than other districts (like a 7th hour(, then people have less reason to CHOOSE to be in your district. Parents WANT their kids in AAPS (despite what the naysayers in this forum think). I will also say that why do people ACCEPT that the school district should do the bare minimum? The problem in life is that people do the minimum just to get by. I would prefer above and beyond the minimum in places I do business with.
TryingToBeObjective
Fri, Aug 16, 2013 : 12:57 a.m.
Approximately 600 students take a seventh class. 600 / 30 = 20 extra classrooms (with 30 students). If each teacher has six classes, that's 20 / 6, or 3.33 FTE extra required to solely meet the needs of 16% of the district ( those 600 kids). What is the cost of 3.33 extra teachers? About $333,000. The district says they expected $100,000 to be covered by paying students, with waivers to the rest, I assume. Skyline had to cut $300,000 extra that the other schools did not, in order to keep trimesters. If Pioneer and Huron went to trimesters, it presumably would cost the district $600,000 more, but then all the rest (the other 84%) of the students would have the same opportunity as the 16% do currently. And if they were on trimesters, then there is no seventh hour fee, so the added cost to the district would be $267,000 more overall ($600,000 total- $333,000 (saved from not having a seventh hour). It is realistic to switch to trimesters for the benefit of all students, so all are included, bussing is set accordingly, so all can participate without transportation restrictions. Perhaps the added cost could be found, and students would come back from private schools, knowing that they could accrue more credit hours on the trimesters. I also would keep CHS on block scheduling. Why? Because CHS is a choice. One could easily attend their home school and accrue the 7.5 credits per year, or CHOOSE to attend CHS with 6.5 credits per year. Also, the trimester schedule needs to be constructed in a functional way- no huge gaps with math classes, etc.
Mike
Thu, Aug 15, 2013 : 8:13 p.m.
Oh thank God...........last thing I would want to do is face a lawsuit form the ACLU. Can't raise taxes, can't cut much more without eliminating teaching, and can't charge fees for additional class time beyond a normal day. An emergency financial manager could handle this................
AAW
Thu, Aug 15, 2013 : 6:26 p.m.
Really, that is like.....duh....