Judge Rules City Schools' Fees Illegal

The Ann Arbor Public Schools charges of "general fees" an inter-scholastic athletic partici pation fees "as presently estab lished" are illegal, but tb school district may continue t require students to furnish thei own textbooks. The three-pronged o p i n i o i was handed down by Circui Judge William F. Ager Jr. yes terday afternoon. The case wa tried in January and February It was brought by two par ents, Mrs. Lillian Bond anc Prof. Daniel Fusfeld, on behal: of all parents in the Ann Arboi School District. Ager enjoined the school dis trict "from assessing the gen eral fees as presently estab lished, assessed and collected,' one of the requests of the plain tiff parents. However, he refused their request that he order the schools to reimburse all parents who have paid the fees from 1966 to date. "This present suit is not deemed to be of such a class suit that would justify such action," he said. Such an order, he said, would be "almost impossible for the school district to implement, its cost would be prohibitive, it would constitute j unreasonable and unjust ;"Ken on the district, and allH residents would su Her. M "The law must be just. The defendant school district acted in good faith. Many supplies were furnished to students, according to the evidence which were not required," Ager said. W. Scott Westerman, Jr., superintendent of schools, said today that he was not yet prepared to comment in detail on Judge Ager's ruling. He added, however, that the ruling does "not appear to have any major implications for the (school) budget," though it may result in a "different arrangement" for defining fees. Arthur E. Carpenter, attorney for the parents, said today that his clients will "definitely appeal" Judge Ager's ruling on the provisión of textbooks, as well as his refusal to order the schools to reimburse the parents for general fees paid since the start of the suit (Sepember 1966). Carpenter also said the parents would contest Judge Ager's holding that the suit "is not deemed to be of such a class suit that would justify" reimbursement of parents for the fees paid from 1966 to date. Judge Ager prefaced his opinión with comments that from the evidence "no qualified person in the Ann Arbor Public Schpol District, is or has been denied the benefit of primary and secj ondary education through anjj ;actions of the "officers of tha üublic schools." He countered "any inference hat any person, rich or poor, f any race, religión or creed, ías been refused admittance or xpelled from the Ann Arbor School District for inability to ay any type of charges." He also said he finds no evidence to support the plaintiffs' claim that "imposition of fees and expenses constituted 'de facto' discrimination against certain races." Clearly angered by Carpenter's "motion for decisión by May 9," which he filed April 25, citing various literary and egal references to the effect that "justice delayed is justice denied," Ager traced the history of the case which was started in September, 1966. He said "most of the ques tions presented have never been decided by the Supreme Cour of Michigan and manyx have never been decided by any state or federal court at an appellate level . . .". In answer to the "moüon for decisión," he commented that he had researched and studied the issues, cases, articles anc briefs as well as the evidence and testimony "while the court kept up a very heavy court schedule, along with assignments to other circuits." On the imposition of the general fees which in 1966-67 brought in $83,655 and in 196768, raised $57,207, Judge Ager said: "... A school district can not viólate the clear spirit of the plain wording of the Constitution by indirection through the mposition of any type of regisration fee no matter what it is called. "Many courts have struck lown any type of 'admission ees' when interpreting the neaning of. the word, 'free.' "Considering all the evidence and especially the district' s communication to the parents, ;he court is of the opinión that ;he district can not charge 'general student fees' as presently established. "To the defendant's credit, ;he exhibits indícate the schools ïave a plan to phase out these fees . . ., it has attempted to comply with the law by earmarking funds from these fees ior certain specified expenditures . . . and the court is of the opinión that no child was refused admittance or was expelléd from the schools for failure to pay . . . "The defendant may claim the fee is for book rentáis, supplies and materials . . .' but from the evidence and testimony that the fees were deposited in the general fund withou specific charges for specific b o o k s or specific materials these registration fees as pres ently established are not prop er." On the charge for participa ion in inter-scholastic athletic activities, Judge Ager s t a t e s bat the Michigan S u p r e m e Court has held such activities are part of the educational program of the school district. "A chool district would therefore not be permitted to bar a student from participating in an nter-scholastic athletic activity ecause of his inability to pay he fee," Ager said. He cited the schools' policy statement that "the athletic deartment is requiring the folowing fees for all boys particiating in" such activities, and ts provisión that the departmei.t will arrange for a boy to 'earn the fee" if his family is unable to pay it. "The court might well think this (the provisión for needy students earning their fees) commendable . . . giving students an old fashioned feeling of responsibility and pride in paying their way, w h i c h is sometimes lacking today. But however much the court might commend the system, the court is of the opinión, that under the law of Michigan, this requirement is not permissable," Judge Ager said. The question of the students' obligation to purchase t h e i r books and supplies "is perhaps the most important issue and will have far-reaching effects," Ager said. He rejected the parents' claim that the constitutional provisión for a "system of free public elementary and secondary education" means that the education must be "without charge of any type." Ager said the 1963 Constitutional provisión appears to be modeled on the New York Constitution and "New York law places in the hands of the Legislature the right to say who pays for the textbooks, the student or the school district," he said. ____ In Illinois, where the Constiution requires the legislature o provide "a thorough and eficient system of free schools . ", the fact that admission was available to all without payment of tuition was held to constitute "free schools." That court decisión said that a requirement that financially able jarents provide books and sup)lies "does not change the character of the school." "There are no cases, so far as this court is aware, which hold that the constitucional provisión for free education means that free textbooks must be provided íor the students. As far as the court can determine, all states have left this up to the Legislature. This also includes other classroom materials and clothing required for specific classes," Ager said. "However, provisión must be made for furnishing textbooks, and supplies to students unable to provide them. This has been done in Michigan," the judge said. His opinión is that the Legislature may determine who should furnish textbooks and the other items, that it is not covered by any Constitutional mandate, and "therefore the requirement in the defendant school district that students, in certain instances, provide their own textbooks, is proper."