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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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