Derby Parents Sue Birmingham Schools Over Overcharged Fees
Parents were asked to pay for student planners, locks and gym uniforms this year. According to the lawsuit, however, that violates the Michigan Constitution.
Should Birmingham Public Schools be asking its middle school parents to pay for required gym uniforms? How about student planners and locks?
Those kinds of questions, and more, are at the center of a class action lawsuit filed by two Birmingham parents against the school district, alleging the district overcharged them — and many more parents — during this year's annual registration period.
Specifically, the lawsuit — filed in Oakland County Circuit Court on Nov. 2 — alleges that Birmingham Public Schools was breaking state law at both middle schools by requiring parents to pay for various required workbooks and textbooks, locks and gym uniforms.
The lawsuit was filed by Troy residents and parents to a Derby Middle School 6th grader, John and Laurie Kelly.
Overcharged fees could amount to $40 per student
According to the lawsuit, middle school students are required to purchase a student planner, a lock for their hall locker and gym locker, and a gym uniform, consisting of blue shorts and a gray T-shirt, at the beginning of the year.
According to a note sent home to Derby parents in August, the locks cost $6 each and the student planner costs $10. This planner is a combined assignment book, handbook and guide to school rules. At Berkshire Middle School, the required planner also contains hall passes students need to leave class.
The school recommends parents purchase the $19 gym uniform from the Varsity Shop in downtown Birmingham, though a letter from Berkshire notes that students not wearing the uniform will be required to wear a plain gray, short-sleeved T-shirt and plain navy shorts. Students are docked points in gym class if they do not wear the required uniform.
On Oct. 18, however, Birmingham Schools sent an email to Derby parents, notifying them that, "In a review of fees that have been charged to students and parents, it has been determined that some fees are beyond what is permitted."
According to the lawsuit and Kellys' attorney, Mark Wasvary, charging parents for all of these items violates the state constitution.
"Such charges were known to be illegal or should have been known to be illegal at least since 1972 when the State Board of Education notified all school districts about the impact of the ... ruling in (Bond vs. Ann Arbor School District)," the lawsuit reads.
Wasvary writes that, according to the State Board of Education Position Statement on Free Text Books, Materials, and the Charging of Fees, school districts may not charge for:
- General registration fees, course fees or materials, ticket charges and/or textbooks and school supplies for any required or elective courses.
- Gym clothes in which the school district requires a "specific color, style and manufacturer."
- Locks
District makes no move to pay parents back, lawyer argues
According to Wasvary, though the original letter assures parents the district would be taking "corrective action" to make sure their fee schedules comply with state standards, several of the items in question are still required — including the blue and gray gym uniforms.
The letter from the district also did not offer to refund the fees, Wasvary said, but only directed parents to submit a form if they believed they were overcharged.
The Kellys are filing a class action suit, Wasvary says, since the plaintiffs could include any parent who has paid Birmingham Public Schools these various fees over the years.
"While the exact number of class members is not now known, the Plaintiff believes the class number is in excess of 4,000 members and may be readily identified from (school) records," the lawsuit reads, while later noting that some parents may only be able to claim $10 in overcharged fees.
What are the Kellys looking for?
According to the lawsuit, the plaintiffs are asking for:
- The school district to immediately stop charging the fees in question.
- Monetary damages to the Kellys and other members of the class in an amount equal to the improperly paid fees.
- Order compelling the district to reinstate points deducted from students without the proper gym uniform.
- Award money to cover attorney fees and costs.
According to district spokeswoman Marcia Wilkinson, Birmingham Public Schools had no comment on the issue Tuesday afternoon.
As of Tuesday, Birmingham Schools, represented by Timothy Mullins, filed their notice of appearance at the Oakland County Circuit Court. The case will come before Judge Michael Warren.
Cheryl Sellers
8:05 am on Wednesday, November 14, 2012
Really? Parents want to sue for a few charges? I bet the lawsuit costs are higher than the costs of the gym uniform, student planner and books. I'm sure there were reasons why these items were deemed essential for the success of the children in school. We all have incidental costs for whatever activities we are a part of. It's life. Does this mean its a good example to the community, or most importantly our children, by suing when we don't get our way?
Dave Brown
8:47 am on Wednesday, November 14, 2012
Well stated. What will this potentially cost the district in legal fees. More evidence that we have too many lawyers in this country with little real work to do.
Kristen MacKay
1:35 pm on Wednesday, November 14, 2012
Rock on Cheryl....your kids go to private school, guessing you've got some associated fess there, huh?? :-)
Chris
9:55 am on Wednesday, January 2, 2013
Exactly! The message is not what I want my kids to experience and frankly, does not convey the character qualities Derby is attempting to teach them. Our family has had three kids at Derby to date. If won, I would receive enough, maybe, to fill up my gas tank. I shall pass, keep it and donate it for a teacher's lunch on our family.
Robin
8:41 am on Wednesday, November 14, 2012
I totally agree with you Cheryl!!
Suzanne Shields
9:02 am on Wednesday, November 14, 2012
waste of money - back in 66' we bought our own gym uniforms - nasty, blue one-piece thing. I personally don't thing athletic training is a responsibility of a school - but should be readin, writtin and rithmatic.
B
9:11 am on Wednesday, November 14, 2012
I can not believe these people are suing the district over gym clothes, a planner and a lock! It makes me want to sue them for waisting district money on defending itself in court ! I have a child at Derby and I will not be joining any ridiculous wasteful class action law suit! GET A LIFE!!!!!!
Suzanne Shields
9:20 am on Wednesday, November 14, 2012
agree with B - like the rents suing for the arrest of the kid with a gun - what is this world coming to?
Kristen MacKay
1:34 pm on Wednesday, November 14, 2012
Totally agree with Cheryl Sellers - btw, I have three kids who went to Derby, one currently there and one will be there next year. I have purchased more gym lockers, planners and gym uniforms than I care to admit, but I have NEVER gotten angry about having to make these purchases.
My son plays sports at Seaholm. I write many, many checks to cover the associated fees. It's part of life. What of waste of not only the Kelly's time, but the district's, the fabulous staff at Derby, and frankly, mine for having to read this ridiculous story.
dadof4
10:01 pm on Wednesday, November 14, 2012
there is more to this story. It is assumed the family is tired of paying thousand of thier own money for private tutoring or possibly their ire at seeing hundreds of thousands of dollars of technology sit idle collecting dust. All the while the school district markets their incredible achievement but no credit to what the parents do to supplement that which is used for their marketing. I doubt any family would sue of this one small thing. There is more frustration than this story is telling. If it was not a valid claim an attorney would not take it.
Birmingham Dad
11:12 am on Sunday, November 18, 2012
Dadof4,
You must be a creative writer in real life. Crazy people and stupid lawyers sue for all manner of little things. How you take this story and hang a sharp right turn into idle technology and private tutoring takes creative genius. Do you see conspiracies everywhere, or just in the Birmigham schools?
supersusan
10:33 pm on Wednesday, November 14, 2012
So if parents are funding items that the district should be paying for, based on the Michigan Department of Education, State Board of Education Position Statement on Free Textbooks, Materials and the Charging of Fees, then where is this money going? It is thousands of dollars over many years. Has it been benefiting the students? How do we know? Where is the transparency?
ww
10:34 pm on Wednesday, November 14, 2012
I don't think that the lawsuit is about $40. It is the principle of the matter. There are students who don't need to use a planner or need a different format. They should not have to buy one just to get the school guidelines. Also why do gym clothes have to be the same color?
Elizabeth
10:12 am on Thursday, November 15, 2012
If this is something Derby did and they are found legally responsible, I hope that all moneys paid to parents and/or lawyers comes from Derby's budget. It is not fair for the other schools in the district to spend their money to rectify this error.
dadof4
10:57 am on Thursday, November 15, 2012
Agree with supersusan. BPS just sent 30 staff members to some character conference for four days. Wonder what that cost? Has anyone looked at our AP proficiency scores? I spend thousand on tutoring.
Larry Fuller
12:01 am on Tuesday, November 20, 2012
This is simply shameful that John & Lori Kelly would sue such a wonderful school! We are proud of Derby Middle School for the A+ curriculum that they provide to our children. TheTroy Residents (Kelly's) are so fortunate to have the Birmingham Schools, they probably live in those small homes by the railroad tracks. We want to keep our taxes reasonable, so I and my neighbors have no problem with chipping in to help the schools. In this poor economy everyone has to do their share to co-exist with others. They are running up a legal bill and as part of their lawsuit sticking it to the School, simply dispicable! Shame, shame,shame! Drop the suit.
dadof4
9:45 pm on Tuesday, November 20, 2012
this is one of the most obnoxious comments "they probably live in those small homes by the railroad tracks". They are not fortunate, they pay taxes just like everyone else. Arrogance in your comment is the shame here.
MLynnT
10:52 am on Wednesday, November 28, 2012
We had to pay several hundred dollars in Wisconsin per child to attend public school. There were lock fees for gym and their basic locker, assignment notebook fee, gym clothes fee, book fees, etc. My son couldn't be in basketball this year because it costs four hundred dollars for a child to play in seventh grade. I am happy to see someone standing up to these fees. It is the principle of the matter. If you do not pay the fees, your children cannot attend school. There are many low income families who's children drop out of school because they can't afford to send them to public school.
K
8:46 pm on Thursday, December 6, 2012
As a Derby alumi I can say that they are on the right track. That school is trash, all you parents may think Derby is a top notch school but its not, the kids are mean, teachers are incompetent, and the the janitorial staff is creepy. Sue them for all the money, 3 years of gym clothes, locks, and planners add up. Not everyone can afford to be so frivolous. And the fact that we all have to wear the same thing to gym is stupid it severs no purpose, the clothes are uncomfortable and that retched gray top shows sweat like nothing else, Derby's had this coming for a while and it's about time karma got around to them.
Renee
11:58 pm on Thursday, January 3, 2013
Derby & Berkshire are in direct violation if the law, and the policy needs to be changed. It appears that the school took no action, so the suit was filed. The Kelly's are brave enough to challenge the system. Good for them, and shame on the schools for taking advantage of our more affluent population. Also, what about BCS? I don't think they charge anything. So you also have to consider inequity between the 3 Birmingham middle schools as well.
Birmingham Mom
9:29 am on Friday, January 4, 2013
Birmingham schools were official made aware of the additional illegal mandatory fees over two years ago. Some schools [Seaholm for example] fixed the problem by making fees voluntary. Derby administration refused to make changes and would not issue refunds. Derby School administration caused this lawsuit by ignoring the wishes of parents and the Law.