187 replies to this topic

[zach5]

I guess I just don't understand this lawsuit, I believe there are programs for financial aid for people who cannot afford the dues/fees/whatever and I *heard* she didn't even use them when her kids were in high school. Then, why would she send her kids on the optional field trips if she didn't want to pay for them.
And after seeing what kindof people they are I sue would use their business Kinsellas Tractor because of how negetive and non supportive of the school they seem to be

[ECEGatorTuro]

I can't beleive this woman!

Years ago when I used to march in my highschool band program, we had to shell out over 200-300 dollars just to be able to go to the school football games, competitions, parades, etc. When some of us couldn't afford it (which would happen quite often), we ALL participated in fund-raising activities. EVERYONE did their work and paid their dues because they wanted to be there. This woman is going to ruin it for all these kids. I can't stand it when people think that filing lawsuits will solve problems. They only create more!

And another note, our booster association (who was operated by the parents and they worked tirelessly!) was incredible. They did everything they could to make sure we had the funds to get where we needed to go. If it wasn't for them, our former band program would have completely disappeared.

Someone needs to knock sense into this woman. This just makes me very angry! It's bad enough that they are cutting music programs out of schools. I am so glad that I decided to participate in a music program. Those were some great memories!

[tessieca]

If she is successful, it certainly will be the end to music programs as we know them. It's really too bad.

[DrKoz23]

This has got to be the most pathetic thing I have ever seen. If this truly would spell the end to the Folsom High music program... look at how many kids will have the opportunity taken away from them to express themselves musically. Honestly... how much can these dues be... I would volunteer some of my own cash to pay this woman's bill just to get her to go away. Maybe the city can buy this woman's house as well just to get her to move out of Folsom. This city doesn't need someone like her living here. Just amazing what can happen in terms of lawsuits these days!

Anyone else who is even thinking about joining this lawsuit... SHAME ON YOU!

[rlflowers]

It is too bad that people see a 3 minute news article and immediatley start to judge without all the facts. Let me enlighten you.
Donna has tried to work with the Boosters and the School Board for 2 years. All she wants is for the "fee/dues" to be properly termed donations. Instead the Boosters continue to bill parents for Fees or Dues stating they are due upon receipt of invoice. The bills are not for extra cricular acitivies but for regular music classes conducted during school by a school employee (music teacher) for which the students receive a grade. The Education Code and prior court cases have held that fees/dues/payments cannot be required for such classes.
Fi the Boosters and/or school district had changed the term to donation none of this would be happening. The fees range from $550 to over $800 per school year. If kids are in more than one band they can be billed in excess of $1300 per school year. The Boosters promote themselves as tax-exempt but do not let parents know that if they are really tax-exempt the fees are tax deductible.
In 2003 Donna hired a CPA to audit the Boosters books. The CPA found a number of irregularities which Donna presented to the school board in Sept. 2004. At the next School Board meeting the Boosters showed up which needed up it a character assassination on Donna instead of addressing the real issues.
The Boosters will say that if you have any questions to just ask anyone on their Board. But when you do, you are no longer on their team and are ostracized.

[rlflowers]

There are many issues that need to be resolved regarding the Boosters. They will say that without these payments the kids cannot go to competitions. Yet, they hold several fund raisers throughout the eeyar (fireworks, crab fees, wine and jazz) and the procees all go toward administrative costs and overhead. None of the money from these fundraisers actually goes to the kids or the program. Their overhead exceeds $40,000 annually. There is so much fat and pork in their budget that it is drowning the program which in turn causes the "fees/dues" to be so high (a 70% increase this year alone).
Donna was left with no choise but to comtemplate a class action lawsuit. The Boosters and the School District knew this was all wrong yet choose to ignore it. Now they must defend that position.
Bottom line: If the Boosters want to run a music program like a private organization and collect money for participation then they need to take it outside the school and stop using school resources. If they continue to operate within the school music program, they need to comply with the applicable Government Codes and regulations. The Boosters and School District only have themselves to blame for this mess.

[rlflowers]

I guess I just don't understand this lawsuit, I believe there are programs for financial aid for people who cannot afford the dues/fees/whatever and I *heard* she didn't even use them when her kids were in high school.  Then, why would she send her kids on the optional field trips if she didn't want to pay for them.
And after seeing what kindof people they are I sue would use their business Kinsellas Tractor because of how negetive and non supportive of the school they seem to be

YOu shouldn't write about what you don't know about Zach. These are not optional field trips but required and if you don't go your grade for the class is lowered. The issues isn't ability to pay but operating within the law. I hope you do believe people and organizations should operate within the law.

[rlflowers]

How much are these dues?

For marching band approximately $550 and for jazz band more than $800. If kids are in both bands it is over $1300 yearly. This is for a regular school class which they attend during school hours and receive a grade, not an extra circular class. All the Boosters needed to do is re-phrase their bills to so Donations and not Fees or Dues and this would not have come to this.

[rlflowers]

And- considering that she now has no children in the school system any longer-
What took her so long ? ?

She currently has 2 kids in the music program and one graduated a year or so ago. And, she has tried to get the Boosters and School District to comply with the law to no avail. Do you really think she wanted to do with and get everyone so upset with her? She tried to communicate and resolve this issue with the Booster and School District for a couple of years and this was the last resort.

[ECEGatorTuro]

Well I guess that does shed some light on the story. Where are you getting this information from just out of curiosity?

I was under the impression that this was money that was due for the marching band (extracarricular activities). When I was in my high school jazz band and symphonic band, the only thing I had to pay was a small lab fee (~$20-$40). What doesn't make sense is that why in the world does the jazz band have to pay more than the marching band?! I would have figured the other way around. I fully understand fees for marching band but not for bands that are a part of a class grade.

[Robert Giacometti]

It is too bad that people see a 3 minute news article and immediatley start to judge without all the facts.  Let me enlighten you.
  Donna has tried to work with the Boosters and the School Board for 2 years.  All she wants is for the "fee/dues" to be properly termed donations.  Instead the Boosters continue to bill parents for Fees or Dues stating they are due upon receipt of invoice.  The bills are not for extra cricular acitivies but for regular music classes conducted during school by a school employee (music teacher) for which the students receive a grade.  The Education Code and prior court cases have held that fees/dues/payments cannot be required for such classes.
  Fi the Boosters and/or school district had changed the term to donation none of this would be happening.  The fees range from $550 to over $800 per school year.  If kids are in more than one band they can be billed in excess of $1300 per school year.  The Boosters promote themselves as tax-exempt but do not let parents  know that if they are really tax-exempt the fees are tax deductible.
  In 2003 Donna hired a CPA to audit the Boosters books.  The CPA found a number of irregularities which Donna presented to the school board in Sept. 2004.  At the next School Board meeting the Boosters showed up which needed up it a character assassination on Donna instead of addressing the real issues.
  The Boosters will say that if you have any questions to just ask anyone on their Board.  But when you do, you are no longer on their team and are ostracized.

Welcome to the forum!

I have some additional questions maybe you can answer since you seem to have some additional information.

Has Donna ever paid these dues?

It has been my experience with the nonprofits and booster groups I have worked with, that they are generally always seeking people to serve on their Boards. How many times has Donna volunteered to serve on the Music Boosters Board? If she was on the board she could then correct what she felt was wrong. Also she could then help trim the "fat" out of the administration. If a majority of the members feel this way, she probably would be recognized as a hero, correct?

If she needed clarification if the fees were tax deductible or not or if the organization was tax exempt, why didn't she contact the IRS, rather than an attorney?

If she truly felt the district was operating inapproprioately by requiring dues for classes, did she contact the grand Jury or the file acomplaint with Department of Education or the state agency that oversees this area?

Answering these questions would greatly clarify some concerns.

Thank you and again welcome to the forum!

[rlflowers]

Well I guess that does shed some light on the story. Where are you getting this information from just out of curiosity?

I was under the impression that this was money that was due for the marching band (extracarricular activities). When I was in my high school jazz band and symphonic band, the only thing I had to pay was a small lab fee (~$20-$40). What doesn't make sense is that why in the world does the jazz band have to pay more than the marching band?! I would have figured the other way around. I fully understand fees for marching band but not for bands that are a part of a class grade.

For fear of retaliation (like Donna is now experiencing), all I will say is I have first hand experience with the Boosters and have the documentation to back this all up. The jazz band travels and compets more than the marching band. Marching band is a regular class. A student that wants to take concert band MUST take marching band and therefore is billed. Also, neither the school district nor the Boosters bother to let parents know about these "dues" prior to enrolling in band. Truly, the issue is that the district and the Boosters need to be more up-front, honest and ethical.

[tessieca]

rlflowers information is incorrect with respect to charging for classes. There is absolutely no requirement for a dime to be paid by any student to participate in the district's music programs. The funds/dues/donations billed by the music boosters support non-classroom activities, such as concert competitions, transportation, etc.

[tessieca]

I have heard (grapevine) that Donna has not paid fees for the past two years, and that the boosters didn't even send her their dues invoice this year.

[rlflowers]

rlflowers information is incorrect with respect to charging for classes.  There is absolutely no requirement for a dime to be paid by any student to participate in the district's music programs.  The funds/dues/donations billed by the music boosters support non-classroom activities, such as concert competitions, transportation, etc.

Sorry, but you are nitpicking. A student cannot enroll in concert band without being in marching band and participation in competitions in these bands in REQUIRED. If they do not want you to think that the fees/due are required, why use such misleading language instead of donation?