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Voucher program stands, Indiana Supreme Court rules

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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.



 

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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