ILNews

Suit alleging unconstitutional school fees fails in COA

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

ADVERTISEMENT