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North Baltimore Local Schools v. Todd

Court of Appeals of Ohio, Sixth District

June 21, 2013

North Baltimore Local Schools Appellee
v.
Jerry Todd Appellant

Trial Court No. 11-CV-I-01228

Paul A. Dobson, Wood County Prosecuting Attorney, and Carrie Leathers, Assistant Prosecuting Attorney, for appellee.

Jerry W. Todd, pro se.

DECISION AND JUDGMENT

SINGER, P.J.

{¶ 1} Appellant, Jerry W. Todd, appeals from the December 6, 2011 judgment of the Bowling Green Municipal Court, Small Claims Division, which overruled appellant's objections to the magistrate's decision finding appellant liable for fees owed appellee, North Baltimore Local Schools, in the amount of $226, plus interest. Because we find the trial court did not err, we affirm.

{¶ 2} On appeal, appellant asserts the following single assignment of error:

The lower court erred in the following interpretations of law.
Point I.
That R.C. 3317.06 is inapplicable to this case.
Point II.
That R.C. 3313.642 allows the school to charge fees for any and every purpose.

{¶ 3} Appellee filed a small claims action against appellant for $226 in unpaid school fees incurred between 2004 and 2009. These "fees" included the cost of workbooks, class fees, assignment notebooks, activity fees, and progress books. On November 1, 2011, the magistrate found in favor of appellee. The magistrate found that the local school board established fees in open session at the beginning of each school year. The board also provided a procedure for waiver of the fees if a student was eligible for the federal free lunch program. Appellant testified his son was eligible for the federal program and submitted a pay stub for September through October 2011. However, the magistrate found that this single pay stub did not establish that the student was eligible for the federal program from 2004 through 2009. The magistrate further found R.C. 3317.06 and 113.03 were inapplicable. The magistrate found R.C. 3313.642(A) permits the establishment of the types of fees involved in this case and granted judgment to appellee.

{¶ 4} Appellant filed objections and on December 6, 2011, the court overruled the objections and adopted the magistrate's decision. Appellant sought an appeal from the decision.

{¶ 5} Appellant first argues that the trial court erred in interpreting R.C. 3313.48, ...


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