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AG says 3rd party school bus fees are unconstitutional

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Indiana Attorney General Greg Zoeller issued a legal opinion Thursday in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents.

“Under Indiana’s Constitution and statutes, a public school corporation cannot charge fees for students to ride a bus to school to receive the public education to which they are entitled. The school cannot charge bus fees directly, and they cannot charge bus fees indirectly by outsourcing the driving to a third party,” Zoeller said in a statement.

The opinion comes a week after a Marion County mother filed a lawsuit challenging the decision by the Franklin Township Community School Corp. to contract its bus transportation to Central Indiana Educational Service Center for the 2011-2012 school year. CIESC charges more than $400 per student to ride the bus for the school year.

Zoeller said the Office of the Indiana Attorney General doesn’t usually release legal opinions when there is pending litigation, but Rep. Mike Speedy and Sen. Patricia Miller, both Republicans from Indianapolis, had previously requested the opinion for purposes of possible legislation and Zoeller had begun writing the opinion prior to the lawsuit being filed.

The opinion said Indiana statute would allow parents independently to contract jointly with bus drivers to provide transportation if the school corporation does not, but such a contract would then need a school board’s approval to allow access to school grounds, comply with the school schedule and follow safety and insurance requirements. That did not happen in the Franklin Township situation – the school board contracted with CIESC first and then imposed the arrangement on parents, and that is also unlawful, Zoeller wrote.

This is the second legal opinion Zoeller has released discussing fees imposed to ride the school bus. In July 2010, he found that schools directly charging bus fees are unconstitutional.
 

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  • big waste of gas
    Will the American left get consistent and admit that federally mandated school bussing of kids has been the biggest waste of gas in the past thirty years considering what a total failure it has been at improving educational outcomes for minorities. All its accomplished besides destroying the traditional neighborhood school is making money for oil companies and spewing co2 into the atmosphere. Can I get an Amen? Time to pull the plug on bussing altogether.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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