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Suit alleging unconstitutional school fees fails in COA

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A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.

Linda McIntire’s children attended Franklin Township High School, where miscellaneous fees were charged for each student, including a $1.50 locker fee, a $2 activity fee and a textbook rental fee. She paid these fees, but then filed a lawsuit, alleging they were impermissible under the Education Clause in Article 8, Section 1 of the Indiana Constitution.

McIntire sought an injunction preventing the school corporation from collecting the fees and sought the return of the fees already paid. The school corporation sought summary judgment, arguing that McIntire did not comply with the notice provisions of the Indiana Tort Claims Act and that the Education Clause doesn’t provide her with a cause of action for monetary damages.

The trial court agreed with the school corporation and granted it summary judgment.

In Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation, 49A02-1401-PL-2, the Court of Appeals concluded the trial court erred in finding her complaint was barred because she did not comply with the notice requirements of the ITCA. Citing Hoagland v. Franklin Township Community School Corp., 10 N.E.3d 1034 (Ind. Ct. App. 2014), the judges pointed out McIntire’s lawsuit was not based on an injury to or death of a person, or damages to property. As such, it is not a “loss” as defined by the ITCA.

Lora Hoagland sued the same school corporation after it began charging students to ride the bus to and from school. The school corporation stopped the practice before the lawsuit made it before the appeals court.

In McIntire, the Court of Appeals affirmed the lower court on the constitutional issue. Her claim is also not based on a contract, as McIntire claimed, but instead argues the actions of the school corporation in charging the fees were unconstitutional. She is alleging a direct violation of the Education Clause, but the COA explicitly held in Hoagland that there can be no claim for monetary damages arising out of the Indiana Constitution.  

Hoagland is currently pending transfer before the Indiana Supreme Court.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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