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Tuesday, January 30, 2007

Ind. Courts - "Judge tosses lawsuit over school finances" [Updated]

The AP is reporting:

A judge dismissed a lawsuit Monday that accused Indiana of violating its constitution by failing to provide enough money for all children to have a fair chance to learn.

Marion Superior Court Judge Cale Bradford said the Indiana State Teachers Association improperly sued the governor and the superintendent of public instruction, who are not responsible for the state formula that determines school aid. The formula is determined by the General Assembly.

However, Bradford also dismissed the portion of the lawsuit that named the Indiana State Board of Education, which carries out the formula.

"A closer examination of plaintiffs' claim seems to be, in reality, dissatisfaction with how the formula is weighed and implemented by the state Board of Education, not the formula itself," Bradford wrote.

The lawsuit was filed last April on behalf of nine children and their families from eight school districts. The families were willing to be original plaintiffs in the lawsuit, which claims that the state is not adequately funding schools so they can meet academic standards and performance mandates placed on them.

The Associated Press left a phone message seeking comment Monday at the Boston office of Michael Weisman, who represented plaintiffs in the suit. It was not immediately clear whether ISTA would appeal.

Staci Hupp of the Indianapolis Star also has a story.

This ILB entry from July 13, 2006 is a good place to start for more information on the case, Bonner v. State, including a copy of the 7/13/06 motion to dismiss.

The ILB would be pleased to post Judge Bradford's ruling, if anyone can provide a copy.

[Updated] A reader has forwarded me this copy of Judge Bradford's ruling in Bonner.

Posted by Marcia Oddi on January 30, 2007 08:51 AM
Posted to Ind. Trial Ct. Decisions