ILNews

Head Start considered a school

Jennifer Nelson
January 1, 2008
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Teachers who work for a federally funded program to help children prepare for kindergarten are not eligible under Indiana statute for unemployment during summer breaks, the Indiana Court of Appeals ruled today.

In South Bend Community School Corporation v. Linda D. Lucas, No. 93A02-0705-EX-387, the majority of judges agreed with South Bend that Head Start institutions should be considered schools under Indiana statute and therefore, its teachers are not allowed to collect unemployment during the summer.

Lucas works as a teacher at Head Start, which operates from August to June and is a federally funded program and public entity established pursuant to an agreement among 12 public school corporations. Head Start teachers work in classrooms located inside elementary schools and work with teachers of students in other grades to help create a smooth transition for students.

Lucas filed for unemployment insurance benefits during her 2006 summer break, and the Unemployment Insurance Review Board found she was eligible for the benefits because Head Start is not a "school" as defined by Indiana Code 22-4-2-37. Employees of schools are ineligible under Indiana statute to receive unemployment benefits during summer breaks.

South Bend schools appealed the decision, arguing Head Start programs should be considered schools under Indiana statute.

The interpretation of Indiana statute is key to the outcome of the appeal. The courts have decided when a court is faced with two reasonable interpretations of a statute - one of which is supplied by an agency in charge of enforcing the statute - the court should defer to the agency.

The judges examined the dictionary definitions of "educational institution," "school," and "institution," as well as the statutory definition of school.

Head Start is a consortium of 12 educational institutions, which operates in other educational institutions, and its academic calendar is identical to that of the schools responsible for its operation, wrote Chief Judge John Baker. Even though Head Start teachers are not paid during the summer break, their health benefits do continue.

"Inasmuch as Head Start is virtually identical to a school and is inextricably intertwined with the member public school corporations, we can only conclude that the legislature intended that Head Start be treated as an educational institution for the purpose of unemployment compensation," he wrote. He was joined in the decision by Judge John Sharpnack.

In addition, the purpose of the Unemployment Act is to provide funds for people who become involuntarily unemployed because of adverse business and industrial conditions. The Court of Appeals had previously determined this did not include teachers on their summer breaks. There is no evidence Lucas was involuntarily underemployed by adverse business conditions, Chief Judge Baker wrote, and for Lucas to receive benefits would create a windfall. He reversed the lower court decision.

In a separate dissenting opinion, Judge Patricia Riley agreed with the Review Board's decision finding Head Start not to be an educational institution or school. She points out subsection 5 of I.C. Section 22-4-2-37, which states that "school" does not include "an organization offering preschool training, not part of the public or parochial school system." Head Start is not accredited by the Indiana State Board and is federally funded. It is a preschool program for both education and social development.

Judge Riley also wrote that as the majority of judges pointed out in their opinion, the quoted standard of review is to defer to the agency when the court is faced with two reasonable interpretations of a statute. She believes the majority reached the wrong result and would affirm the Review Board's decision.
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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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