School uniform case going to federal court?

Both the Anderson Herald-Bulletin and the Indiana Law Blog report that the attorney for Anderson Community Schools wants to move the case from Madison County to the federal court in Indianapolis.

The Herald-Bulletin points out that the Bells do not have an attorney:

The Bells are filing pro se — representing themselves —- but they have said that they do have a lawyer, but prefer to keep that person anonymous. Bell also said that they had been contacted by a lawyer from the American Civil Liberties Union.

I see this in some of my work - the other says that they have an attorney but will not say who it is. Usually the story ends with the bluff being called and no attorney. After all, a lawyer has to file an Appearance with the court and so is known to the world as the attorney on the case. I suspect ACS's attorney wants to put this into federal court because they do not have an attorney and the case will have a quick death. All the talk about federal rights and all that sounds much better than wanting to overwhelm the Bells with federal civil procedure.

Rubright has also filed for an “expedited determination” to hasten the case’s process.

“We believe an expedited determination is in everyone’s interest,” said Rubright.

The following from the Herald-Bulletin does not make wonder if the Bells do not have an attorney or are just readers of Indiana's Constitution:

The suit also alleges unconstitutionality against the U.S. and Indiana constitutions because the policy denies “free and appropriate education.”

Rubright said Wednesday that nowhere in either the state or U.S. Constitution does it speak of “free and appropriate education.”

The closest reference to free education in the Indiana Constitution reads, “ ... and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.”

I read some of the early Indiana cases interpreting the state education clause and I do not think there is much support for attacking the uniform policy in those cases. However, it has been a while since I read these cases.