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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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