ILNews

Suit alleging unconstitutional school fees fails in COA

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All of these comments you see on the internet about Dr matamah are not just comments, they are truthful words of experience written by those who have been there and found help in reuniting with the ones they hold dear to their heart and other marital and financial problems just like i did. am Svein Erik Bjerke from Gardermoen, Norway I can tell you this because I also asked him for help to cast a spell to fix my relationship with the only woman I have ever loved after been married four time in the last four years cos i didn't believe in love but in the power of being rich. When it came to meet my wife it was a different case because I fell for her in every way. At the time i met her it was only a while before the relationship became serious cos I bet she love me also. We moved in together and our relationship blossomed. we got married but couldn't have a baby and then I discovered my wife was barren. I had to try some spell casters but to no avail until I contacted Dr matamah. HE restored my wife's womb and just like that she got pregnant, she has given birth now and our baby is growing very healthy. I later casted a money spell through him which he did and today we are rich and doing very fine. Thank God for our lives and also to Dr matamah who God has used to blessed us. I know that not everybody will believe this moreover its just something on the internet but my heart knows every of this word that formed this entire comment is true. Am Leaving Dr matamah's contact for those who believe this and need help as well. his contact is: guruvoodoospellcast@yahoo.com

  2. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  3. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  4. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  5. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

ADVERTISEMENT