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Schools sue over state funding formula

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Three Indiana school districts are suing the state over the Indiana's per-pupil school-funding formula.

Hamilton Southeastern Schools in Hamilton County, Franklin Township Community Schools in Marion County, and Middlebury Community Schools in Elkhart County filed the suit, Hamilton Southeastern Schools, et al. v. Mitch Daniels, et al., No. 29D01-1002-PL-198, today in Hamilton Superior Court.

The schools argue that the state's non-uniform school-funding scheme has a negative impact on its students. The suit challenges the constitutionality of Title 20, Article 43 of Indiana Code, which sets out the state's scheme for distributing education funds to school corporations, saying it violates the Education Clause of the Indiana Constitution.

The suit says the three schools receive dramatically less funding than other school corporations. The three schools had per-pupil revenues of approximately $5,100 in 2009; Indianapolis Public Schools had per-pupil revenues of more than $7,800.

The suit also alleges the 2010 changes to the school-funding scheme will add to the disparity. The schools are represented by Franczek Radelet in Chicago and Riley Bennett & Egloff in Indianapolis.

Indiana Attorney General Greg Zoeller is disappointed that the school systems decided to file a lawsuit in order to challenge the funding formula. He said in a statement that the costly litigation should have been avoided and the issue would be better handled by legislators.

"The costs for the schools' lawyers to bring this suit and for the State's lawyers to defend it, and for the Court to preside over it ultimately are paid through the same source: taxpayers' wallets," Zoeller said.

The school funding issue arose in a case of first impression last year before the Indiana Supreme Court, Joseph and LaTanya Bonner, et al. v. Mitch Daniels, et al., No. 49S02-0809-CV-525, in which the justices voted 4-1 to dismiss the case. The plaintiffs in that case sought a judicial declaration that Indiana's system of school funding violates the Education Clause, the Due Course of Law Clause, and the Equal Privileges and Immunities Clause of the Indiana Constitution.

The justices ruled even if Indiana's public school system fall short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's up to the General Assembly.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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