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Suit alleging unconstitutional school fees fails in COA

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A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.

Linda McIntire’s children attended Franklin Township High School, where miscellaneous fees were charged for each student, including a $1.50 locker fee, a $2 activity fee and a textbook rental fee. She paid these fees, but then filed a lawsuit, alleging they were impermissible under the Education Clause in Article 8, Section 1 of the Indiana Constitution.

McIntire sought an injunction preventing the school corporation from collecting the fees and sought the return of the fees already paid. The school corporation sought summary judgment, arguing that McIntire did not comply with the notice provisions of the Indiana Tort Claims Act and that the Education Clause doesn’t provide her with a cause of action for monetary damages.

The trial court agreed with the school corporation and granted it summary judgment.

In Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation, 49A02-1401-PL-2, the Court of Appeals concluded the trial court erred in finding her complaint was barred because she did not comply with the notice requirements of the ITCA. Citing Hoagland v. Franklin Township Community School Corp., 10 N.E.3d 1034 (Ind. Ct. App. 2014), the judges pointed out McIntire’s lawsuit was not based on an injury to or death of a person, or damages to property. As such, it is not a “loss” as defined by the ITCA.

Lora Hoagland sued the same school corporation after it began charging students to ride the bus to and from school. The school corporation stopped the practice before the lawsuit made it before the appeals court.

In McIntire, the Court of Appeals affirmed the lower court on the constitutional issue. Her claim is also not based on a contract, as McIntire claimed, but instead argues the actions of the school corporation in charging the fees were unconstitutional. She is alleging a direct violation of the Education Clause, but the COA explicitly held in Hoagland that there can be no claim for monetary damages arising out of the Indiana Constitution.  

Hoagland is currently pending transfer before the Indiana Supreme Court.

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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