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Posted on Wed, Aug 21, 2013 : 3:50 p.m.

Lawsuit dropped after Ann Arbor revokes fees for 7th-hour classes

By Chelsea Hoedl

The American Civil Liberties Union of Michigan has dropped a lawsuit against the Ann Arbor Public School District it filed over a proposal to charge students at Pioneer, Huron and Community high schools for seventh-hour classes.

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The ACLU of Michigan filed a lawsuit in early August on behalf of two Pioneer High students, demanding the implementation of a new ‘tuition-based’ program, which would charge students $100 per semester in order to take a seventh-hour class, be stopped.

The suit claimed the fee was illegal because the Michigan Constitution states that public education should be free and equal for all students.

On Aug. 14, the Board of Education unanimously voted to revoke the fee for a seventh-hour class period, which would have been implemented at Huron, Pioneer and Community high schools. The next day, the ACLU said it was considering dropping the suit. It filed its notice of voluntary dismissal on Aug. 16.

The fee was originally approved by the Board of Education as a means to save the district approximately $100,000. The school board had to cut $8.7 million from its operations for the 2013-14 school year.

“By rescinding the policy we believe the issue is resolved; however, we are going to keep our eye on it to make sure this tuition-based model does not creep back up in Ann Arbor or any other school district,” ACLU of Michigan Communications Director Rana Elmir said.

Chelsea Hoedl is an intern reporter for AnnArbor.com. She can be reached at choedl@mlive.com.

Comments

Alan Goldsmith

Thu, Aug 22, 2013 : 10:46 a.m.

"If $200 a term isn't something you can prioritize into your budget you shouldnt have children." Maybe if the School Board members can't read and understand the State of Michigan Constitution and past Court legal rulings they shouldn't run for elected office.

Alan Goldsmith

Thu, Aug 22, 2013 : 10:44 a.m.

Thank you ACLU for bringing this lawsuit. It's good to know my dues to this organization are doing good things. No thanks to the Ann Arbor School Board for sending a clear signal you need extra cash to receive the total educational experience at a public school. Hopefully they learned a lesson here and won't try to bring back this exclusionary policy in the future. Being this clueless in the future will begin impacting millage votes. Trust me on this.

Basic Bob

Thu, Aug 22, 2013 : 6 p.m.

However, this extra cash was to be paid by people in the "poor" parts of the district. What was the reasoning? Not people who can afford to give their kids a car and lunch money so they can attend Community. Not people in gated communities in northwest Ann Arbor and Scio Township. Their incessant need to heap fees onto the people least able to pay makes me reconsider why I would support any millage renewal.

Kathy Sabol

Thu, Aug 22, 2013 : 3:20 a.m.

Maybe if the school decreased the length of their class periods from an hour to something less, perhaps the kids could take more classes without extending the length of the school day. I moved from out of state where there were nine class periods, not six. Classes were about 35- 40 minutes or so long, and we took English, History, Math and a Science and Gym ALL four years with lots of room for electives, such as foreign language, arts, etc... We also had one or two periods a day that were spent in study hall depending on how many electives you took; more electives, less study halls. I found, most of the time, the one hour class period was just too much time to fill. Decrease the length of the class period!

DonBee

Thu, Aug 22, 2013 : 2:37 a.m.

Good, both sides saved loads of money on dropping the suite. I hope AAPS does a better job of getting legal opinions next time. Thank you ACLU for both bringing the suite and dropping it when it was moot.

Kathy Sabol

Thu, Aug 22, 2013 : 3:22 a.m.

Right DonBee, on all levels! See a need fill a need, charge too much money!

matt1027

Thu, Aug 22, 2013 : 1:44 a.m.

Great, wouldn't want those parents to have to care for their kids that extra hour. If $200 a term isn't something you can prioritize into your budget you shouldnt have children. I'd bet my house the people whining about the expense all have cable, cell phones, and multiple vehicles. Just wait til college tuition comes....or not.

DonBee

Thu, Aug 22, 2013 : 2:45 a.m.

matt1027 - So it was $100 a semester this year, and if the board's comments are to be taken in context, if that succeeded it would have been at least $400 next year and maybe more. While $100 does not seem like much to you, some families in AAPS service territory would have struggled with it, and some would have been too proud to ask for help. Add to that the it created an even larger inequality between Huron/Pioneer and Community/Skyline in opportunity and you can see why the ACLU stepped in. Oh, and the fact that AAPS got slapped down the first time they tried this many, many years ago did not help the BOE either. Illegal is illegal, inequitable is inequitable.

Basic Bob

Thu, Aug 22, 2013 : 1:13 a.m.

Now can we get the same "light" credits at Huron and Pioneer they have at Skyline? 30 credits for the price of 24.

AMOC

Thu, Aug 22, 2013 : 2:32 p.m.

TTBO - True, but at Skyline, those 7.5 credits are available within the standard school day, including bus transportation fro students who live more than 1.5 miles away. At Huron and Pioneer, 7th hour classes require families to transport their students themselves. Nor will very many students have a 7th hour this coming semester; the schedules were all set assuming that the fee would be levied, and only students whose parents were very insistent, or who need a 7th hour to graduate this year are likely to have been scheduled in one.

TryingToBeObjective

Thu, Aug 22, 2013 : 1:23 p.m.

Since seventh hour is free, that's 7 full credits available at Huron and Pioneer, vs. 7.5 at Skyline.

Nicholas Urfe

Wed, Aug 21, 2013 : 10:03 p.m.

How much does Ann Arbor spend in total on football each year? Including athletic fields, lighting, gear, maint of same, etc.

DonBee

Thu, Aug 22, 2013 : 3:35 p.m.

M. Haney - I have documented way more than 1.7% of the budget. The direct transfer of money from the general fund to the athletic fund is 1.7% if you add up all the money that can be found for athletics, it runs much closer to 10% of the total budget, not the 1.7 you want to use. Remember more than 1/2 of the cost of Skyline (which we are paying taxes for the bonds for was in Athletic space and field costs) - that alone is roughly $7 million a year out of an $18 million a year bond payment. Keep trying to minimize it, but the reality is that AAPS spends - from all sources close to $20 million a year on athletics, when you take into account bond money, sinking fund money, direct transfers, booster money, overtime, utilities, the cost of the athletic directors and their office professionals. From this expenditure the district takes in approximately $800,000 in pay to play fees and ticket revenue or about 5% of the total cost of the program. As to the decline in budgets - wrong - again you focus on the transfer from the general fund to the athletic program, not on the total budget for the programs. I have read the document you suggest, it offers no new information, and in fact I looked at it prior to my earlier posts. There is still $2.7 million in 10 projects from last year (out of $7.4 million spent) that is only listed as "PROJECTS" in Mr. Trent's report. Going thru the prior reports by Mr. Trent there is no indication of what those projects might have been. While there may have been some musical instruments bought, the weight room for varsity athletes (no one else was allowed to use it this year for some reason) exceeded all the spending on instruments and improvements by at least a factor of 2 - and that was only 1 of several admitted athletic related projects. The district admitted on 2 projects to spending more than $11 million in bond and sinking fund money "because it was left over".

M.Haney

Thu, Aug 22, 2013 : 1:33 p.m.

The information on where sinking money goes is on the "High School comprehensive school improvement project status reports". Google it and you will find some general info. Very specific info is very difficult to obtain, as you well know. Lack of transparency has always been a problem with the school district. Overall, the total high school athletic budgets of the AAPS school district is 1.7% of the budget. Although, not peanuts, that amount is a very small compared to the amount of students who participate in sports. AAPS athletic budgets have declined by over 30% in the last few years. They are an easy target because their expense are separated on the AAPS budget info. Teachers who are also coaches are still teachers by degree. Most coaches earn $2000 to $4000 a season. Some of which is paid by the team, not AAPS. BTW, the school district purchased new music instruments for all schools with sinking fund monies (2010 CSIP report). And yes, the amount of funds wasted by ADA guidelines ignorance is pathetic.

DonBee

Thu, Aug 22, 2013 : 11:27 a.m.

M. Haney - I decreased the transfer to deal with the fact that the middle schools get some money from the transfer, the $2 million is to the best of my ability to figure out, based on the points system in the Teacher's contract what is spent on varsity sports. The best fields are off limits to Rec&Ed and gym classes. Yes, the students pay for some of the cost of their sports, boosters add way more money to the pot. So why does the program need to be so large and expensive that a $2 million dollar transfer is required to the athletic fund? Why can't the interested parties pay for it. As to the 2,500 number, the district has admitted that the number is flawed, because it counts every "seat" on a team whether filled or not and it counts that seat as a separate student even if one student fills two or three seats by competing in different sports. I would have been 3 students, since I was part of 3 teams in my high school the way AAPS counts it. As to the coaches, remember to count the teachers hired to coach who no longer do so. I can think of a couple that were coaches a year ago who are not now. The fact that there are 180 coaches should be telling in and of itself, show me 180 people that AAPS is paying even part time for art and music. To much of the district budget revolves around athletics - I am 100% in favor of physical education, it should happen daily for all students - in an organized fashion. As to the music room use of sinking fund money, I can't find it in the capital budget reports. I spent time looking before I responded to you, so point me at a document for this expense. You way under estimate the booster money based on what the crew team boosters raise alone. I am not against booster money, but to have an honest accounting of what is spent, it needs to be on the table. Just like fund raising for music should be on the table for an apples to apples comparison.

M.Haney

Thu, Aug 22, 2013 : 4:37 a.m.

@DonBee - the 2 million in transfer dollars is for all athletes, not just varsity. For all 3 high schools, that would be approx 2500 student athletes who participate. Although many coaches are required, most are non AAPS employees who are part time with no benefits. Without a little more research I can't provide the exact number of teachers who also coach. I would guess at less than 20 (out of over 180 coaches for varsity, jv, 9th) for all 3 high schools. As to sinking fund money, some of that was also used to expand and upgrade both the PHS and HHS school music areas in the last 3 years. The booster clubs at each H.S. may contribute $200,000 annually, all of which is donations and/or fundraised and therefore at no cost to the district. Don't forget the pay to participate income for the schools. Almost all of the team gear required is paid for by the student athlete. Most of the playing fields are groomed by volunteers at no cost to the district. The district does maintain facility structures and fixed assets as they do with all AAPS property. The playing areas are also used by rec and ed teams, rental teams, phys ed classes, not just by varsity athletes. I do agree that 2 of the ADs could be cut back and made supervisors as is the position at Skyline HS. This change alone would save $200,000 annually. Eliminating athletics will not solve the problem. Sticking to a budget is the problem with the school district.

DonBee

Thu, Aug 22, 2013 : 2:41 a.m.

Mr. Urfe - The transfer for Varsity Sports from the general fund is more than $2 million dollars, off set by about $100,000 in admissions from games. The bond and sinking funds contribute an average of $4 million a year in facilities that are off limits to all but the varsity sports. Boosters contribute another $2 to $20 million dollars (the real number is secret and no FOIA has been successful so far). Plus there are more coaches on the payroll as teachers then there are art and music teachers combined. Then you can add 3 Athletic Directors and 3 Office Professionals Finally you can add all the maintenance funds, grounds keeping, and overtime for custodians. No, AAPS does not spend very much at all on Varsity Sports, hardly a pittance.

Wondering

Thu, Aug 22, 2013 : 1:09 a.m.

Too much when the schools run out of paper each year.

Mike

Wed, Aug 21, 2013 : 9:36 p.m.

Just need to bully the school system and they'll have to find some other cuts to make. Maybe something your kid likes.....................

Angry Moderate

Thu, Aug 22, 2013 : 3:35 a.m.

Filing a lawsuit knowing that they can't afford to defend it and will settle no matter who was right is bullying. Classic case of ambulance chasing.

ordmad

Wed, Aug 21, 2013 : 10:05 p.m.

Pointing out to a governmental body that one of it's practices is illegal is hardly bullying.

Topher

Wed, Aug 21, 2013 : 9:34 p.m.

Next up: 7th hour option eliminated? How can the district charge a fee for summer school?

AMOC

Thu, Aug 22, 2013 : 12:48 p.m.

Charges for summer school, which is always optional for students, are allowed by the state Department of Education regulations. However, if 7th hour is eliminated, students at Huron and Pioneer will have NO free opportunities to take any non-required elective classes, and no opportunities to recover credits and graduate with their classes if they fail a course or have a serious illness during the school year. Expect to see the on-time graduation rate drop, with 4 and a half years becoming the new normal time required for average kids to finish high school. If AAPS wants to continue to provide a rich array of elective classes, especially including their great music programs, in the face of increased state requirements for high school graduation, they really need to keep 7th hour. Without it, no student in the class of 2016 and beyond will be able to take 4 years of band, orchestra or vocal music and also graduate on schedule due to the state requirements to take 4 years of math, English and science plus at least 2 years of foreign language, an arts class, a US government and a US history class, health and at least one PE class during high school.

Wondering

Thu, Aug 22, 2013 : 1:09 a.m.

I think having no 7th hour is the perfect choice. If students want all the extras then they can take them after school, on the weekends, and without school money.

Nicholas Urfe

Wed, Aug 21, 2013 : 9:23 p.m.

I wonder how much they've already blown on lawyer's fees? All for an approach that has a long track record of being widely reviled, and considered by many to violate the constitution. Maybe they really want to set a precedent of charging for classes. Try, try, try again.