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Group can't challenge high school closure

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The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.

In Save Our School: Elmhurst High School v. Fort Wayne Community Schools, et al., No. 02A04-1012-PL-746, Save Our School: Elmhurst High School sued seeking declaratory judgment against Fort Wayne Community Schools and the Fort Wayne Community Schools Board of School Trustees to force Elmhurst High School to remain open.

In March 2010, FWCS decided to close the high school for budgetary reasons and send the students to three of the other five Fort Wayne high schools. The closure was effective with the beginning of the 2010-2011 school year.

Members of SOS, parents of students who attended Elmhurst and district property taxpayers, argued the three high schools the children would now attend were poorer in academic performance. FWCS filed a motion to dismiss, which the trial court granted.

The majority of the Indiana Court of Appeals decided to address the issue even though the case is now moot as the school is closed. SOS argued the closing of Elmhurst violated the Education Clause of the Indiana Constitution as well as the Equal Privileges and Immunities Clause. Judges Michael Barnes and Carr Darden ruled the constitutional claims were foreclosed by Bonner ex rel. Bonner v. Daniels, 907 N.E.2d 516 (Ind. 2009), in which the Indiana Supreme Court held the Education Clause doesn’t impose upon government an affirmative duty to achieve any particular standard of resulting educational quality.

“It is our opinion that Bonner leaves no room for recognizing a claim such as SOS wants to press. FWCS is continuing to operate a ‘general and uniform’ public school system. It just happens to be operating it with one less high school than before. SOS’s claim that FWCS closed the ‘wrong’ school or should not have closed Elmhurst at all, based on a comparison of the academic merits of Elmhurst, Wayne, North Side, and South Side, is not a cognizable Education Clause claim under Bonner,” wrote Judge Barnes.

The majority also held SOS is not entitled to relief under the common law doctrine of judicial review as there is no “common law” right to review the actions of a school corporation such as FWCS.

Judge Patricia Riley concurred in result because she would declare the appeal to be moot. No effective relief could be rendered to the parties because Elmhurst is closed and the teachers and students have gone on to other schools.

“While I do not dismiss the potential public interest involved here, I would prefer to embark on a constitutional analysis after more facts are known and the precedent created by the case would be more valuable,” she wrote, pointing out that no discovery had been conducted and the summary judgment stage hadn’t even been reached.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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