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Vouchers validated, program scope at issue

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School-choice vouchers are constitutional, the Indiana Supreme Court ruled recently, but even opponents found cover in the unanimous opinion upholding the nation’s most expansive program.

“Even though the state Supreme Court said … (vouchers are) constitutional, they said it’s not a ruling on the merits of vouchers,” said Teresa Meredith, vice president of the Indiana State Teachers Association.
 

Meredith-Teresa.jpg Meredith

Indeed, justices made that position clear on Page 1 of the landmark 22-page ruling. “Whether the Indiana program is wise educational or public policy is not a consideration germane to the narrow issues of Indiana constitutional law that are before us,” Chief Justice Brent Dickson wrote. “Our individual policy preferences are not relevant. In the absence of a constitutional violation, the desirability and efficacy of school choice are matters to be resolved through the political process.”

Meredith said her takeaway from the ruling mirrors what she might tell her public elementary school students in Shelbyville: “Just because the law says you can do something or some document says it’s OK doesn’t mean you should or that it’s good practice.

“Indiana voters believe in their public schools,” she said. “For the most part, they’re pretty happy with them.”

That’s been the message supporters of public education have taken to the Statehouse and to the court of public opinion in an effort to block expansion of the school Choice Scholarship Program since the justices’ March 26 decision in Teresa Meredith, et al. v. Mike Pence, et al., 49S00-1203-PL-172.

Meredith was among a dozen teachers, clergy and parents of students in public and private schools who sued in July 2011. The Supreme Court rejected plaintiffs’ claims that the voucher program violates liberties in the state Constitution regarding education and religion.

Justices also 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.

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.”


bosma-brian-mug Bosma

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.

ISTA, which provided attorneys who argued the case before the justices, hasn’t formally decided whether there might be an avenue to challenge vouchers in federal court, Meredith said, but she believes it’s unlikely. “I’m not sure we’re going to pursue that at this time,” she said.

School-choice programs have been upheld by the Supreme Court of the United States. In 5-4 opinions, justices in 2011 upheld an Arizona tax-credit voucher system and in 2002 affirmed an Ohio system granting vouchers to certain Cleveland students.

Shortly after the Indiana Supreme Court’s voucher opinion came down, proponents at the Statehouse used momentum from the decision to advance a proposal to expand vouchers. House Bill 1003 moved to the full Senate, but not before opponents said the unknown costs and impacts on public school funding amounted to a fiscal cliff for the state and a bailout of private religious schools. There are also questions about the veracity of the A through F school-grading system used to identify failing schools where students are eligible for vouchers.

Voucher opponents cited momentum of their own, pointing to the 2012 Hoosier Survey by the Bowen Center for Public Affairs at Ball State University that shows a 6-percentage-point drop in support for expanding vouchers in just one year. The Bowen Center reported that support for expanding vouchers stands at 28 percent, with 31 percent opposing expansion. The largest number of respondents had no opinion.

The Senate Tax and Fiscal Policy Committee voted 8-4 to advance the bill on April 2, but several Republican backers acknowledged reservations. At least one said before moving the bill that he reserved the right to vote against it in the full Senate.


Skinner-Tim.jpg Skinner

“I feel like we’re jumping off the fiscal cliff,” said Sen. Tim Skinner, D-Terre Haute, before joining other Democrats who voted against the bill. Skinner was among several who noted the Legislative Services Agency said the cost of the proposed Choice Scholarship expansion was indeterminable but could be significant.

Skinner said the expansion of vouchers for a few thousand students will come at the expense of more than 1 million public school students. He urged Republicans to look at the lack of reliable cost estimates from a viewpoint of fiscal conservatism.

Before moving HB 1003, the committee passed an amendment authorizing a study committee on vouchers and increasing the amount of money guaranteed to schools that accept Choice Scholarships in the next two years. Vouchers provide $4,500 per student, but the bill as amended increases funding by $100 annually for the next two school years.

Estimated costs of the proposed voucher expansion varied wildly, ranging from $7 million to $200 million. Sen. Greg Taylor, D-Indianapolis, said moving the bill with so little knowledge of the impact showed “a lack of respect for what Hoosiers want.”

But voucher advocates said the program expansion will improve schools and educational choice and argued that savings in the expense of educating voucher recipients are reinvested in public education.

Ethan Birch of Fort Wayne testified, even as he is undergoing chemotherapy treatments. Birch said his son, Keithan, 11, receives a choice scholarship and is thriving at Lutheran South Unity in Fort Wayne. Birch said he and his son are cancer survivors, and he testified that even though the family has to pay a portion of Keithan’s school bill, vouchers make it possible.

“I still want to provide the very best for my children,” Birch said.

Supporters of public education said uncertain costs and impact are concerning.

“Should we possibly just stop a moment to evaluate where we are?” asked Randy Borror, a former lawmaker now with Bose Public Affairs Group who lobbies for Fort Wayne Community Schools, the largest public school district in the state.

Borror said 12 percent of all students receiving vouchers are in the Fort Wayne district, and that 53 percent are from the 10 largest districts in Indiana. “It’s enormous for those top 10,” he said.

Joel Hand, general counsel and lobbyist for the Indiana Coalition for Public Education, said vouchers were presented to the public as introducing competition and saving taxpayer dollars. He noted about 60 percent of vouchers are received by Catholic schools, amounting to an annual subsidy of about $22 million, and asked, “Is this really about competition, or is this about a bailout for these private, religious schools?”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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