ILNews

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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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