Debt CollectionNov 02 2023
School Board Policy 4-48
Pursuant to an Intergovernmental Agreement (IGA) between the Board and the Illinois Office of the Comptroller, policy 4-48 establishes the procedures that the District shall use to determine which debts should be subject to offset by the Comptroller. This policy is applicable to all monies owed the Board. Debtors have the right to present evidence in disputing their debt determination.
Notice to Debtor
(b) Generally, when collecting a debt, a Treasury entity must provide certain information about the debt to the consumer in writing within five days of the initial communication with the consumer. This information is called validation information, and it should help the debtor recognize whether or not he or she owes the debt.
Treasury entities may omit from the notice requirements in paragraphs (a)(6) through (a)(17) of this section any provisions that they believe are legally unnecessary in light of the debt collection remedies to be applied to the particular debt being collected. However, any such omissions must not overshadow or be inconsistent with the disclosure that the debtor has the right to dispute the debt or request the name and address of the original creditor.
Debtor’s Right to Dispute Debt Determination
If a debt is disputed by the consumer, the debt collector may not apply any payment to the disputed debt. Debt collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a), provided that the debt collector discloses to the consumer that the debt, or portion thereof, is disputed and that the consumer requests the name and address of the original creditor.
In addition to the federal Fair Debt Collection Practices Act (15 U.S.C. SS 1692e), Connecticut has its own laws that protect consumers’ rights. You can find out about your state’s consumer protection laws by contacting your local financial regulator.
Pay means salary, wages, compensation, emoluments, and remuneration for services; but does not include travel and transportation expenses; or allowances and relocation allowances. It also does not include severance pay. However, it does include accumulated and accrued leave. An action brought under this section may be brought in any United States district court, regardless of the amount in controversy.
Review of Superintendent Designee’s Decision
Just as a corporate board seeks information and recommendations from the CEO before making policy decisions, we believe that the school committee should be informed about major administrative decisions so that they can assess whether those policies are in keeping with the district’s goals. We also believe that the line between educational policy (the committee’s domain) and operational matters should be clearly defined through open communication and collaboration between the superintendent and the school committee.
In particular, broad curriculum or school restructuring issues concern educational goals and policies for the district and are the committee’s responsibility to decide. Likewise, the appointment of legal counsel and other policy issues are the committee’s decision-making responsibility.
If a parent is dissatisfied with the decision made by the community superintendent in Step Two of the formal concern process, they may appeal that decision to the entire board. The Board will review the matter at a public hearing or in executive session, as appropriate, and make a written decision addressing each allegation of the complaint and explaining its decision.