The letter below was sent to all of the Paoli School Board Members and Superintendent on Oct 10, 2022, 8:17 PM. At the time of writing this we have not received any response form the school board members or the Superintendents office.
We are not lawyers this issue research was in response to concerns what have been brought up regarding how low in-come families are treated with in the school system. Our goal for all children is that they receive a free appropriate public education (fape).
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Dear Paoli Community Schools Superintendent and School Board Members
A letter was sent out to families regarding outstanding balance. It tells families that they need to pay by Oct 21st or work out a payment plan. It goes on to tell families that if they don't the school will take them to small claims court and additional fees will be added to their balance.
The letter below was sent to families that were eligible for assistance.
The concerns that was brought to us was
If the family is eligible for assistance then why are families having to pay a balance ?
Can the school sue a family eligible for assistance ?
For our research we reviewed IC 20-33-5-3, IC 20-33-5-7, IC 20-33-5-11 along with a state examiner directive 2015-5, Paoli Community school Jr/SR High student Handbook and requested Technical Assistance from Indiana Department of Education Office of School Finance. (All Listed Below)
Our Findings:
The school district can't force a family eligible for assistance to pay the Balance (difference between the cost of curricular materials and what the state reimbursed) the school can only request it be paid but the parent/guardian can choose not to pay the difference . ( IC 20-33-5-3, TA from IDOE, and state examiner directive 2015-5)
The school district can only take a family to small claims court if they are not eligible for assistance. ( IC 20-33-5-11 )
Requested Voluntary Corrective Action:
Corrective letter / Contact with families eligible for assistance that aligns with IC 20-33-5-3, IC 20-33-5-7, IC 20-33-5-11. (Let the families eligible for assistance know the school can only request it be paid but the parent/guardian can choose not to pay the difference .)
An ethics review to occur regarding the letter.
In closing
Some of the families that have received this letter struggle to make the ends meet and try their best to make sure they have food, a safe home and clothes for their children. Many of the families have trust with the school to do what's best for students and to be truthful with the families. Please do the right thing for the families within Paoli Community Schools.
Patrick Underwood
Board President / Lead Volunteer Special Education Advocate
Community Inclusion Ambassadors Inc.
___________________________________Supporting documents________________________________
The letter sent to families by the school
IC 20-33-5-3
Qualified parents; payment of fees by school corporation; reimbursement
Sec. 3. (a) If a parent of a child or an emancipated minor who is enrolled in a public school, in kindergarten or grades 1 through 12, meets the financial eligibility standard under section 2 of this chapter, the parent or the emancipated minor may not be required to pay the fees for curricular materials, supplies, or other required class fees. The fees shall be paid by the school corporation that the child attends.
(b) The school corporation may apply for a reimbursement under section 7 of this chapter from the department of the costs incurred under subsection (a).
(c) To the extent the reimbursement received by the school corporation is less than the rental fee assessed for curricular materials, the school corporation may request that the parent or emancipated minor pay the balance of this amount.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-3.]
As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.19; P.L.286-2013, SEC.112.
IC 20-33-5-7
Public schools; textbook assistance; state reimbursement
Sec. 7. (a) If a determination is made that the applicant is eligible for assistance, the school corporation shall pay the cost of the student's required fees.
(b) A school corporation shall receive a reimbursement from the department for some or all of the costs incurred by a school corporation during a school year in providing curricular materials assistance to students who are eligible under section 2 of this chapter.
(c) To be guaranteed some level of reimbursement from the department, the governing body of a school corporation shall request the reimbursement before November 1 of a school year.
(d) In its request, the governing body shall certify to the department:
(1) the number of students who are enrolled in that school corporation and who are eligible for assistance under this chapter;
(2) the costs incurred by the school corporation in providing:
(A) curricular materials (including curricular materials used in special education and high ability classes) to these students;
(B) workbooks, digital content, and consumable curricular materials (including workbooks, consumable curricular materials, and other consumable instructional materials that are used in special education and high ability classes) that are used by students for not more than one (1) school year; and
(C) instead of the purchase of curricular materials, developmentally appropriate material for instruction in kindergarten through the grade 3 level, laboratories, and children's literature programs;
(3) that the curricular materials described in subdivision (2)(A) (except curricular materials used in special education classes and high ability classes) have been adopted by the governing body; and
(4) any other information required by the department.
(e) Each school within a school corporation shall maintain complete and accurate information concerning the number of students determined to be eligible for assistance under this chapter. This information shall be provided to the department upon request.
(f) Parents receiving other governmental assistance or aid that considers educational needs in computing the entire amount of assistance granted may not be denied assistance if the applicant's total family income does not exceed the standards established by this chapter.
(g) The amount of reimbursement that a school corporation is entitled to receive shall be determined as provided in section 9.5 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-9.]
As added by P.L.1-2005, SEC.17. Amended by P.L.73-2011, SEC.20; P.L.229-2011, SEC.192; P.L.286-2013, SEC.113.
IC 20-33-5-11
Failure of parent to pay fees; small claims court representation
Sec. 11. (a) A school corporation may not:
(1) withhold curricular materials and supplies;
(2) require any special services from a child; or
(3) deny the child any benefit or privilege;
because the parent fails to pay required fees.
(b) Notwithstanding subsection (a), a school corporation may take any action authorized by law to collect unpaid fees from parents who are determined to be ineligible for assistance, including recovery of reasonable attorney's fees and court costs in addition to a judgment award against those parents.
(c) A school corporation may designate a full-time employee of the school corporation to represent the school corporation in a small claims court action under subsection (b) if the claim does not exceed one thousand five hundred dollars ($1,500). The employee designated under this subsection is not required to be an attorney.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-9-10.]
As added by P.L.1-2005, SEC.17. Amended by P.L.286-2013, SEC.115; P.L.251-2017, SEC.1
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