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Schools dropping school-funding lawsuit

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The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.

The plaintiffs announced Thursday morning that the suit is no longer necessary because of a new school-funding formula in the budget Gov. Mitch Daniels signed May 10. The legislation provides for a phased-in process over the next seven years to achieve uniform funding.

Hamilton Southeastern Schools in Hamilton County; Franklin Township Community School Corporation in Marion County; Middleburry Community Schools in Elkhart County; and parents of children filed the lawsuit in Hamilton County in February 2010 because they claimed the state’s non-uniform school-funding scheme has a negative impact on its students. The school districts said they received dramatically less funding than other school corporations and that the formula negatively affected schools with growing enrollments.

The case was before the Indiana Supreme Court pursuant to Indiana Rules of Appellate Procedure 56(A).

“Lawmakers eliminated the deghoster and there is no restoration grant. These were the very things that were preventing uniformity across the state and were the focus of our case,” said plaintiffs attorney Patricia J. Whitten, who is with Franczek Radelet in Chicago.

A deghoster continued to provide funds to districts with declining enrollment for students who have moved to other districts, and the past funding formula allowed schools with declining enrollments to receive a restoration grant that provided supplemental dollars to prevent extreme losses all at once, Hamilton Southeastern Schools’ Chief Financial Officer Mike Reuter said in a statement.

Plaintiffs attorney Mike Hernandez of Franczek Radelet said the schools are in the process of withdrawing the complaint and are waiting for school boards to take final action before that process is complete.

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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