Policy Proposal

EL 620: Law for Teachers & Administrators

Danielle Jacobs

Oakland University – Master of Education in Educational Leadership

Policy Topic: Student Fees, Fines, and Charges

Policy Development:

a) What does the current policy for Chippewa Valley Schools look like?

6152 - STUDENT FEES, FINES, AND CHARGES

Fees

The Board of Education may assess certain charges to students to cover the costs for extra-
curricular and noncredit activities. Such charges might be made for expendable items such
as magazines, workbook materials, paperback selections, and laboratory supplies and
materials for clubs, independent study or special projects, and as well transportation costs
and admission/participation fees for District-sponsored trips and activities.

No student, however, shall be deprived of participation in any mandatory school activity or

required curriculum activity due to a lack of financial ability to pay and fees will not be
charged for such activities. Extra-curricular activities for which fees will be charged may not
be used in determining credit or grades in any course. (So this is to be removed?
Any idea why this is in there?) Response: No, this will not be removed.
The components of the policy that dealt specifically with fines was my
area of focus. I plan to leave these fee language in the policy as it
supports a free public education, it needs to be here. I will reflect that
clearer in my final version further below.
A fee shall not exceed the combined cost of the service(s) provided and/or materials used.
An accurate accounting of all fees collected and all fees expended shall be provided to the
Superintendent or his/her designee for each fee based activity at the conclusion of the
activity, along with remission of any fees not expended.
Fines

When school property, equipment, or supplies are damaged, lost, or taken by a student,
whether in a regular course or extra-curricular offering, a fine will be assessed. The fine will
be reasonable, seeking only to compensate the school for the expense or loss incurred.

The late return of borrowed books or materials from the school libraries will be subject to
appropriate fines. Failure to pay fines may result in loss of privileges.

Any fees or fines collected by members of the staff are to be turned in to the business office
within twenty-four (24) hours after collection.

Failure to pay fees may result in the withholding of grades and credit. In the event the above
course of action does not result in the fee being collected, the Board authorizes the
Superintendent or designee to take the student and/or his/her parents to Small Claims Court
for collection.

Supplies

The District will provide all basic supplies needed by the student to complete the required
course curriculum. The student and/or his/her family may choose to purchase their own
supplies if they desire to have a greater quantity or quality of supplies, or desire to help
conserve the limited resources for use by others. The teacher or appropriate administrator
may recommend useful supplies for these purposes.

b) What do policies in other districts look like?

Example 1: Utica Community Schools

3505 POLICY – Student fees, fines, and Restitution of Damages

As a convenience to the student body, the Board of Education may provide materials for
student use which the student is ordinarily expected to provide on his own. To compensate
for this expense, the student shall reimburse the Board of Education for the cost of the
materials. Fines and restitution of damages for the abuse and destruction of school
materials or equipment by a student shall be levied against the student. The principal of the
school shall pursue all legal recourses seeking restitution of damage of school property from
the pupil or his parents.

Example 2: Various Other Districts

General NEOLA language appears to be followed for the Chippewa Valley Schools policy.
Upon reviewing policies from various other districts, I observed identical verbiage, or slight
variations of the same version. L’Anse Creuse Public Schools, Grosse Pointe Public
Schools, Traverse City Area Public Schools, and Clarkston Community Schools all
contained very similar NEOLA language.
 c) What is NEOLA?

NEOLA drafts policy language that addresses state-specific issues and laws. As a client of
Neola, the district will work with an associate who has previously served as a school
superintendent, general counsel or other policy administrator. Attorneys from legal firms in
each state, whose principal practice area is school law, vet materials for compliance with
state statutes. Neola also tracks hot topics in other districts and states before they become
an issue for your district, and provides policy language to respond appropriately.

NEOLA bylaws and policies are updated twice a year, based on changes in State and
Federal statutes as changes are made by regulatory agencies, and as regular review
necessitates. NEOLA informs districts on proposed changes to the regular updates so the
district can make informed decisions before adoption. As circumstances require, NEOLA
publishes special updates to address matters that require more urgent consideration.

NEOLA appears to be a safe method to follow when developing policies and procedures. It
seems to provide a solid foundation to meet all necessary policies and procedures a district
should follow and offers a framework to build upon.

Policy Focus:

a) Are there abuses to the current policy?

Yes. The current policy does not address a reoccurring issue identified time and time
again by the building level secretaries. The “Fines” section of the current board policy is
in need of expansion to impose some stricter guidelines against the forgiveness of debt
related to property, equipment, or supplies being damaged, lost, or taken by a student.

b) What the changes should address?

Currently, there is not a consistent use of the electronic report card system to track and
maintain a “Fine” on a student record. The capability to track the data exists and many
buildings utilize the PowerSchool software to do this, however, many buildings do not.
(What is done for the buildings that don’t track it? Will that make some students having
Response: All building have access
fines on their transcript and others not? )
to PowerSchool, as the existing student information system.
Grades/transcripts and various other components of student data
along with parental communications are facilitated through this
system. Going forward adherence to the policy will require all
buildings to participate with tracking fines on PowerSchool.
Consistency is key.
There is also much discontent that exists when building level secretaries make repeated
efforts in attempts to collect a fine and when the student advances from an elementary
 building to a secondary building, the fine is exonerated. It fosters a sense of the defeat
amongst the office staff and minimizes their credibility as an authority figure seeking
restitution. Forgiveness of this debt fails to teach the students a reasonable level of
accountability for their actions.

c) Will there be discretion with this policy or adjustments for free/reduced

population?

No. The adjustment to the current policy will be clearly specific in identifying that any
unpaid fines will be tracked in PowerSchool (web-based student information system), to
follow the student throughout their K-12 education until payment is rendered. The
student will not be able to obtain their diploma until the fine has been remedied. (So a
child that can’t pay the fine from the first grade will not be able to graduate from the high
school?) (Will this go on their college transcripts as well? How does this item for extra-
circular items match up against the mandated free education in Michigan?) Response:
After discussion in class this week about the level of punishment fitting the
crime, I am rethinking my policy. The withholding of a diploma is too harsh
of a punishment for delinquent payment of fines. I will reword this portion
of my policy to specifically deny participation in the ceremony of graduation
for failure to pay fines. The fine will not go on the college transcripts. The
correlation to Chippewa Valley School Policy 5460 (excerpt added below)
will deem the fee payment failure as personal conduct warranting the denial
of graduation ceremony participation. The extra-curricular items are
identified in the “Fees” section of the policy and will remain unchanged, as
the mandated free public education in Michigan would dictate.

5460 - GRADUATION REQUIREMENTS: A student may be denied participation

in the ceremony of graduation, however, when personal conduct so warrants.

d) How will the information be disseminated?

Subsequent to board approval, the board policy documentation will be updated to reflect
the changes. The link to the student handbook on the district website will present this
newly approved board policy prior to the start of the 2017/2018 school year. What about
Response: Existing fines
existing fines? Are they included in this new policy?)
currently tracked in PowerSchool will be included in this new policy.
The graduation ceremony participation component will begin
application with the graduating 2017/2018 class. This information will
 be disseminated at the building level via a fall newsletter, as well as,
defined in the student handbook as described above.

Suggested New Policy Language:

Fines

When school property, equipment, or supplies are damaged, lost, or taken by a student,
whether in a regular course or extra-curricular offering, a fine will be assessed. The fine will
be reasonable, seeking only to compensate the school for the expense or loss incurred.

The late return of borrowed books or materials from the school libraries will be subject to
appropriate fines. Failure to pay fines may result in loss of privileges. (What privileges?) Is
there an appeal process? Response: Privileges such as being able to check
out materials from the library in the future may be revoked. I will add
additional language regarding an appeals process.
Any fees or fines collected by members of the staff are to be turned in to the business office
within twenty-four (24) hours after collection.

Unpaid fines will be tracked throughout K-12 in the electronic student record system;
notifications for payment will continuously appear on student report cards. Failure to
pay fines will result in the inability to participate in the graduation ceremony and
withholding of a high school diploma. In the event the above course of action does not
result in the fee being collected, the Board authorizes the Superintendent or designee to
take the student and/or his/her parents to Small Claims Court for collection. (So the
Superintendent is going to court to collect these? Some of them could be many years old? Is
this practical or the best use of Superintendents time?) Response: No, the
Superintendent will not be going to court to collect these fines. I feel the
policy changes related to the fine tracking on PowerSchool and inability
to participate in the graduation ceremony, if unpaid, is a practical
collection process that would retract the need for any of this type of
language. It will be removed in my final version.

***FINAL POLICY***
6152 - STUDENT FEES, FINES, AND CHARGES

Fees

The Board of Education may assess certain charges to students to cover the costs for extra-
curricular and noncredit activities. Such charges might be made for expendable items such
as magazines, workbook materials, paperback selections, and laboratory supplies and
materials for clubs, independent study or special projects, and as well transportation costs
and admission/participation fees for District-sponsored trips and activities.

No student, however, shall be deprived of participation in any mandatory school activity or

required curriculum activity due to a lack of financial ability to pay and fees will not be
charged for such activities. Extra-curricular activities for which fees will be charged may not
be used in determining credit or grades in any course.

A fee shall not exceed the combined cost of the service(s) provided and/or materials used.
An accurate accounting of all fees collected and all fees expended shall be provided to the
Superintendent or his/her designee for each fee based activity at the conclusion of the
activity, along with remission of any fees not expended.

Fines

When school property, equipment, or supplies are damaged, lost, or taken by a student,
whether in a regular course or extra-curricular offering, a fine will be assessed. The fine will
be reasonable, seeking only to compensate the school for the expense or loss incurred.

The late return of borrowed books or materials from the school libraries will be subject to
appropriate fines. Failure to pay fines may result in loss of privileges; such as the ability to
checkout or remove materials from the library in the future. Appeals from all decisions
concerning loss of privileges may be made through the proper channels beginning with the
building principal.

Any fees or fines collected by members of the staff are to be turned in to the business office
within twenty-four (24) hours after collection.

Unpaid fines will be tracked throughout K-12 in the electronic student information system;
notifications for payment will continuously appear on student report cards. Failure to pay
fines will result in the inability to participate in the graduation ceremony.

Supplies

The District will provide all basic supplies needed by the student to complete the required
course curriculum. The student and/or his/her family may choose to purchase their own
supplies if they desire to have a greater quantity or quality of supplies, or desire to help
conserve the limited resources for use by others. The teacher or appropriate administrator
may recommend useful supplies for these purposes.