State urges justices to draw ‘bright line’ on school choice vouchers

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Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.

Fisher urged the justices to make a “bright line distinction” on Indiana’s Choice Scholarship Program because it does not provide direct support to religious institutions. “The parents are still making the choice,” he said.

More than 120 people packed the chambers of the Indiana Supreme Court for oral arguments in Teresa Meredith, et al. v. Mitch Daniels, et al., 49S00-1203-PL-172.

Attorney John West argued that the program violated the General and Uniform System of Common Schools Clause of Article 8, Section 1 of the Indiana Constitution, as well as the prohibitions on taxpayer support of religion in Article 1, Sections 4 and 6, because students can use the vouchers paid for with tax dollars to attend religious schools.

West acknowledged that the lawsuit was a facial challenge, but he urged the court to look deeper, saying that 97 percent of the recipients of public money through the scholarships are religious institutions.

“You cannot stop at the fact that religion is not mentioned in the statute,” West said.

Justice Robert Rucker and Chief Justice Brent Dickson focused questions for West on Article 1, Section 6: “No money shall be drawn from the treasury, for the benefit of any religious or theological institution.” They keyed on interpretation of “for the benefit of,” and whether the program on its face violated that section.

West noted that at some schools that receive voucher money, religion “permeates everything they do.”

He responded to justices who questioned the distinction between state-funded scholarships that recipients use to attend private religious colleges and the Choice Scholarship Program by saying that most colleges don’t “inculcate” students with religion.
“Here, the state is directly paying for the teaching of religion,” he said.

But Fisher said the program also is “a matter of religious accommodation” for parents who might not otherwise have the means to pay for the education they prefer for their child.

“As long as the choice of a boundary school is still there,” Fisher argued, “it’s not direct aid.”

Attorney Robert W. Gall argued for intervenors, including parents Heather Coffy and Monica Poindexter, who use the vouchers to pay for part of their children’s tuition at private schools.

Gall said the program was constitutional and its “only purpose is to provide a greater constellation of educational choice.”

Under the Choice Scholarship Program, students whose families meet financial guidelines may apply for and receive vouchers for public or private schools in other districts that charge transfer tuition.

Currently, the number of scholarships that can be awarded is capped, but next year, there will be no limits on the number that may be awarded. Once fully implemented, nearly 60 percent of all Indiana schoolchildren will be legally entitled to receive a scholarship upon application.

Marion Superior Judge Michael Keele in January granted summary judgment for defendants Gov. Mitch Daniels, Indiana Superintendent Dr. Tony Bennett, Coffy and Poindexter.

Twelve Indiana residents including educators, clergy and parents of children in public and private schools filed the lawsuit in July 2011 challenging the Choice Scholarship Program enacted last year.

Their suit says Indiana’s school choice statute is different from similar programs in other states because it “does not prohibit schools from requiring CSP students to participate in all aspects of the school’s religious program, including religious training and instruction, worship, and prayer.

“Indeed, the CSP statute specifically prohibits the Department (of Education) and other state agencies from regulating the ‘religious instructions or activities’ of participating private schools,” the suit says.

Among the plaintiffs in the suit was Glenda Ritz, who this month defeated Tony Bennett to win the office of Indiana Superintendent of Public Instruction. She said in published reports on Tuesday that she would remove herself from the suit after Wednesday’s hearing and before taking office in January.

After Wednesday’s arguments, Bennett was outspoken in his support of the program.

“I never once gave any consideration to who this benefited other than the children,” he said. “This is about helping children.”



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.