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COA: Schools required to transport students for free

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The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.

After the property tax caps went into effect in 2010, schools across the state had to find ways to cut costs. Franklin Township Community School Corporation voted to eliminate student transportation for the 2011-2012 school year, and it later contracted with Central Indiana Educational Service Center to provide transportation services to and from school for a fee. The township decided to continue with the pay-to-ride plan even after Indiana Attorney General Greg Zoeller issued two official opinions on the matter. Zoeller found, based on Nagy v. Evansville-Vanderburgh School Corp., 844 N.E.2d 481 (Ind. 2006), the plan violated Article 8, Section 1 of the Indiana Constitution.

Two parents filed a class-action lawsuit, after which the school board voted to resume busing its students to and from school at no charge. The trial court granted summary judgment for Franklin Township, holding that the Indiana Tort Claims Act barred the plaintiff parents’ claims, that the plaintiffs weren’t entitled to monetary damages and the school corporation did not violate the state constitution by ending busing to and from school.

“Applying Nagy to the facts of this case, we conclude that Franklin Township acted unconstitutionally. Our legislature has determined that school corporations ‘may’ transport their students to and from school. Thus, pursuant to Nagy, the legislature has determined that transportation to and from school qualifies as a part of a uniform system of public education,” Chief Judge Nancy Vaidik wrote in Lora Hoagland v. Franklin Township Community School Corporation, 49A02-1301-PL-44.

The judges determined Hoagland is entitled to declaratory judgment to that effect and remanded with instructions. The judges also concluded that the ITCA does not apply to Lora Hoagland’s state constitutional claim – an issue of first impression in state courts. “Hoagland’s claim sounds in Indiana’s Education Clause, not tort law,” they held.

The Court of Appeals affirmed that Hoagland may not seek monetary damages as there is no express or implied right to do so under the Indiana Constitution.
 

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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.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  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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