Sunday, May 04, 2008

Indiana Education Law - Important Stuff

How important? Very. So important that I feel guilty about reporting on this and just relying on the Indiana Daily Lawyer report:
A 2-1 ruling from the COA revives the public education financing case of Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, which presents an issue of first impression. Nine public school students and their families from eight different school systems throughout the state filed the class-action suit in 2006, claiming the school funding formula violates the Indiana Constitution's Education Clause. They contended it didn't provide enough money for all children to have a fair chance to learn. Defendants named are Gov. Mitch Daniels, the state's Superintendent of Public Instruction Suellen K. Reed, and the Indiana Board of Education.
***
"Although most other states have already determined the issues presented for our review, never before has an Indiana court been requested to answer Bonner's questions," Judge Patricia Riley wrote, noting that only five haven't considered the issues. "The vast majority of courts in our sister states have concluded that this cause is justiciable and that state constitutions impose enforceable duties on the legislative and executive branch to provide a quality education to public school students."
Expecting this to go the Indiana Supreme Court is a no-brainer. Frankly this case has the same possibilities to do for school funding as what was done about ten years ago for property taxes.

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