ILNews

Voucher program stands, Indiana Supreme Court rules

Back to TopCommentsE-mailPrintBookmark and Share

Indiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.

“We hold that the Indiana school voucher program, the Choice Scholarship Program, is within the Legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution,” Chief Justice Brent Dickson wrote for the court.

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. The ruling on direct appeal in Teresa Meredith, et al. v. Mike Pence, et al., 49S00-1203-PL-172, affirms a Marion Superior Court grant of summary judgment to defendants.

Gov. Mike Pence hailed the ruling. “I welcome the Indiana Supreme Court's decision to uphold Indiana's school choice program. I have long believed that parents should be able to choose where their children go to school, regardless of their income. Now that the Indiana Supreme Court has unanimously upheld this important program, we must continue to find ways to expand educational opportunities for all Indiana families.”

The Supreme Court rejected plaintiffs’ claims that the voucher program violates liberties in the state Constitution regarding education and religion. The court emphasized that Indiana’s Constitution does not intend to prohibit religious institutions from receiving indirect government services, “such as fire and police protection, municipal water and sewage service, sidewalks and streets,” but only prohibits funding directly benefiting such institutions.

Justices rejected plaintiff arguments that voucher programs provide direct funding to religious activities in many schools that accept vouchers. “We disagree because the principal actors and direct beneficiaries under the voucher program are neither the State nor program-eligible schools, but lower-income Indiana families with school-age children,” Dickson wrote.

Indiana follows Wisconsin’s Supreme Court in upholding some of the most ambitious and far-reaching voucher programs in the nation. Florida’s Supreme Court threw out a similar voucher proposal. Dickson noted that state’s Supreme Court ruled vouchers violated the Florida Constitution by “devoting the state’s resources to the education of children within [Florida] through means other than a system of free public schools.” The “free public schools” language is expressed in Florida’s Constitution, while Indiana requires the Legislature to “provide, by law, for a general and uniform system of Common Schools.”

Justices didn’t accept plaintiff arguments that the program could ultimately result in 60 percent of schoolchildren attending private schools, and that would violate the provision for a uniform system of common schools.

“Even if we were to apply the plaintiffs’ 60% hypothesis and assume that the families of all such program-eligible students utilize the program, so long as a ‘uniform’ public school system, ‘equally open to all’ and ‘without charge,’ is maintained, the General Assembly has fulfilled the duty imposed by the Education Clause,” Dickson wrote.

Indiana Attorney General Greg Zoeller said in a statement, “The Indiana Supreme Court found that the Legislature, in creating a voluntary program to broaden educational alternatives for Hoosier children, followed the Indiana Constitution by leaving the decision whether and where to use a scholarship to qualifying students and their families.

“My office defended the statute that the people’s elected representatives in the Legislature passed; and now that the question is decided, families can make informed decisions about using vouchers,” Zoeller said.

The court in December heard oral arguments under the original case title that named then-Gov. Mitch Daniels as defendant. When the case was filed, Glenda Ritz was among the plaintiffs, but as a result of her election as superintendent of public instruction in November, she became a defendant by statute, as did Pence.

House Speaker Brian Bosma, R-Indianapolis, said the ruling “is clearly a victory for the 9,400 low-income students whose families have selected a school of choice through Indiana’s education scholarship program.  It is also a victory for every Hoosier that supports school choice as a means of making every traditional public, private, and charter school compete to give the very best education to their students.

“We will continue the fight to make Indiana’s public, private, and charter schools the very best in the nation,” Bosma said.

The voucher case was high-stakes for both supporters and opponents.

“Indiana has become something of a leader with choice-based experiments,” Notre Dame Law School professor Rick Garnett, an expert in the area of education reform, told IL in December. “If the court were to pull the plug on this experiment, not only would a lot of kids be in a tricky spot, Indiana’s leadership position would kind of be undermined.”

But Sheila Suess Kennedy, professor of law and public policy at the IUPUI School of Public and Environmental Affairs, said in December that whether schoolchildren or parents are inconvenienced misses the point.

“If you allow people to thumb their nose at a constitutional premise on the theory that when it comes to court you won’t be able to unscramble the egg, that’s an unfortunate precedent to set,” said Kennedy, who is listed as a plaintiff in the case but said she’s not actively participated.

Meanwhile, Senate Democratic Leader Tim Lanane, D-Anderson, said in a statement that the ruling “only heightens the need for the Indiana General Assembly to scrutinize the fiscal impact of expanding vouchers and study what oversight measures are necessary to protect taxpayer investment.

“I would join the growing chorus of others in the belief that the impact the voucher program has on every Hoosier child’s ability to obtain a high-quality education deserves a thorough study. … To not give this issue careful consideration would be reckless.”

The Indiana Chamber of Commerce said in a statement that the ruling supports high quality educational opportunities for state children, whether in public or private schools.

“The state’s school choice voucher program puts us on course to achieve that,” the chamber said.

In a pair of 5-4 opinions, the U.S. Supreme Court in 2011 upheld an Arizona tax-credit voucher system and in 2002 affirmed an Ohio system granting vouchers to certain Cleveland students.



 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT