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Judges split on approving high-cost retraining tuition

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A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.

R.D. worked as a machinist in Bloomington earning nearly $25 an hour. He was laid off and decided he wanted to pursue training under the Trade Act of 1974 at the Art Institute of Indianapolis. He would obtain a degree in graphic arts in print and web in 18 months at a cost of more than $56,000.

The Indiana Department of Workforce Development denied his request based on its cost and noted that he could attend Ivy Tech Indianapolis and receive similar training at a lower cost. The Administrative Law Judge hearing the appeal found the programs to be substantially similar and denied R.D.’s application to attend the Art Institute based on cost. The Review Board affirmed.

After examining the history and purpose of the Trade Act, Judges Paul Mathias and Edward Najam reversed because, based on the evidence, the training R.D. would receive at the Art Institute as compared to Ivy Tech was not similar.

Although nearly two-thirds cheaper in tuition, the program at Ivy Tech allowed for only studying print or web design. R.D. designated evidence that graduates of the Art Institute have a placement rate of more than 78 percent and he could get a full-time job at a salary of approximately $69,000. There was no evidence presented regarding Ivy Tech’s placement and graduates tend to start out at $9 an hour.

One goal of the Trade Act is to get people employed making at least 80 percent of what they were before, wrote Judge Mathias in R.D. v. Review Board, No. 93A02-1005-EX-559. Another precondition for approval of training under the act is that there must to be a reasonable expectation of employment after completing training.

The act says that training may not be approved at one provider, when all costs considered, the training is substantially similar in quality, content, and results at a lower-cost provider with a similar time frame. The majority found, unlike the ALJ, that the two programs are not substantially similar in quality, content, and results, and they don’t even result in the same degree. The majority reversed the denial of R.D.’s request to retrain at the Art Institute.

Chief Judge John Baker dissented because the purpose of the act is to train the highest amount of people at the lowest reasonable cost. Three people could get degrees at Ivy Tech for the cost of attending the Art Institute. Even if R.D. had to get two separate degrees from Ivy Tech to have training in web and print design, it would still be significantly less than his tuition for the Art Institute.

“When considering the purposes of the Trade Act, namely, to provide workers with training at the lowest reasonable cost that will lead to employment and result in training opportunities for the largest number of adversely affected workers, I cannot agree that R.D. has successfully demonstrated that the Review Board’s decision was unreasonable in denying his application for funding to attend the Art Institute,” he wrote. “In short, R.D.’s request for training at the Art Institute does not satisfy the ‘lowest cost’ requirement of 20 C.F.R. section 617.22(a)(6).”
 

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  1. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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