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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...