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Case ID: 2825 | Family | 07/26/2004
A class action has been filed against Harlem Consolidated School District #122 in Machesney Park, Illinois, on behalf of parents and guardians of children who attend the school, and who have paid school fees that they shouldn't have, alleging that they were not properly notified that their income status would have exempted them from having to pay the fees. The action alleges violations of state and federal educational notification laws, and seeks a return of the fees that restricted-income parents and guardians paid.
Named plaintiff Linda Young is the single 55-year-old guardian of three children, ages 16, 14, and 8--she alleges that the school district routinely charged her for sports and activity fees, textbooks, registration fees and field trips. She is a lifelong Machesney Park resident who has had custody of her grandchildren nearly all of their lives. She used to work as a waitress but stopped 15 years ago to focus on raising the children. Ms. Young's lawsuit alleges that the end result of the district's failure to let poor people know that they did not have to pay is that indigent students were deprived educational opportunities or their parents were forced to forgo basic family necessities to be able to pay the district. The action alleges that Mrs. Young often paid the fees with grocery money. Federal and state law require all school districts to have written policies that include information on eligibility for the waiver, how parents will be notified and how disputes will be handled. Last summer, the Illinois State Board of Education ordered all school districts to adopt written policies on the waiver of student fees if they didn't already have one. The policy must indicate that students who qualify for free lunches under federal guidelines also qualify for additional fee waivers. The action alleges that the district made no effort to notify parents who might qualify to have some or all fees waived. When Ms. Young requested a copy of the district's policy on notifying qualifying parents and guardians, allegedly no one was able to find a copy. Nearly 1,300 Harlem School District K-12 students participate in the free and reduced-price federal lunch program. Some, if not all, of those students may qualify for exemption from fee payments. Under state law, the waiver of fees covers "general material and technology fees, workbook fees, activity fees, driver's education fees, required uniform fees, extracurricular and athletic fees, uniforms or equipment for varsity or intramural sports or fine arts, graduation fees, field trips that are required or are customary parts of a class or extracurricular activity, school record fees, school health service fees and other required educational program fees."
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