ILNews

Judge rules law doesn’t require schools to bus students

Jennifer Nelson
December 21, 2012
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A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.

Lora Hoagland and Donna Chapman filed the suit last year and the court created two classes: those who paid for services, represented by Chapman, and those who did not pay for their children to ride, but whose children would have if not for the fee. Hoagland represented those plaintiffs.

Franklin Township Community School Corp. voted in 2011 to not provide bus services for the 2011-2012 school year and contracted with Central Indiana Educational Service Center to provide the busing. CIESC charged more than $400 per child for the school year.

Both sides filed for summary judgment, and after hearing arguments on the matter Oct. 26, Marion Superior Judge Theodore Sosin ruled Monday that the discontinuation of bus services did not violate the Indiana Constitution. He also held that I.C. 20-26-1 et seq. and I.C. 20-27-1, et al. permits but does not require schools to bus students.

Sosin found that paying-class plaintiffs received the entire benefit of CIESC’s services and no private cause of action for damages exists under the Education Clause. Franklin Township is also immune from liability under the Indiana Tort Claims Act.

He entered summary judgment in favor of the defendants and denied the plaintiffs’ motion for summary judgment. Each party is to pay its own costs.

A week after this suit was filed in November 2011, Indiana Attorney General Greg Zoeller issued a legal opinion that the state constitution and statutes dictate that schools cannot charge fees for student to ride a bus to school to receive public education nor can schools charge bus fees directly or indirectly. The legal opinion was released in response to a request by two legislators on whether school systems can outsource bus services to another entity that charges parents.

Zoeller also ruled the same way in a 2010 legal opinion discussing fees imposed to ride the school bus.

 

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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