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Judge denies state's motion to dismiss school-funding lawsuit

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A lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed to proceed, a Hamilton Superior judge ruled.

Hamilton Superior Judge Steven R. Nation denied Nov. 24 the state’s motion to dismiss the suit brought by Hamilton Southeastern Schools in Hamilton County, Middlebury Community Schools in Elkhart County, and Franklin Township Community School Corporation in Marion County, and parents on behalf of their children and other minor children. The suit Hamilton Southeastern Schools, et al. v. Mitch Daniels, Governor of the State of Indiana, et al., No. 29D01-1002-PL-198, was filed in February.

The schools argued that the state's non-uniform school-funding scheme has a negative impact on its students. The plaintiffs challenge the constitutionality of Title 20, Article 43 of Indiana Code, which sets out the state's scheme for distributing education funds to school corporations, saying it violates the Education Clause of the Indiana Constitution.

The suit says the three school corporations receive dramatically less funding than other school corporations. The suit also alleges the 2010 introduction of the restoration grant, which allows some corporations to make up losses in the baseline per-pupil funding level, will add to the disparity.

The state moved to dismiss the suit for failure to state a claim, but Judge Nation found the plaintiffs have standing to sue and their complaints should proceed. The judge noted how this litigation doesn’t present the same issues as Bonner v. Daniels, 907 N.E.2d 516 (Ind. 2009), in which public school students sued based on the premise that the Indiana Constitution imposes an enforceable duty on state government to provide a certain quality of education.

The Indiana Supreme Court justices voted 4-1 to dismiss that suit. They ruled even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's up to the General Assembly.

“In that case, the Supreme Court did not have before it whether the same Constitutional language maintains standards for ‘uniformity in education funding,’ as Plaintiffs in this case assert,” he wrote. “The issue in this case is not equality of educational outcomes, … The issue here is uniformity in funding.”

Attorney General Greg Zoeller released a statement on the ruling, reiterating his belief that the school corporations don’t have standing to sue and that only the General Assembly has the authority to change the school-funding formula. He also proposed that legislators prohibit school corporations from using state dollars to sue the state.

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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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