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Thursday, March 20, 2008

Ind. Courts - Zionsville schools health fee would become voluntary under settlement

Robert Annis of the Indianapolis Star reports today:

A lawsuit filed by the American Civil Liberties Union of Indiana over a controversial fee charged by Zionsville Community Schools may be settled by the end of the week.

Wayne Uhl, the school district's attorney, declined to provide details about the proposed settlement regarding the district's $45 health clinic treatment fee charged to parents, but said the fee would become a voluntary donation.
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He said the school district would not admit the fee was illegal or return previously charged fees.

Uhl said he thought the fee would withstand legal scrutiny "but in litigation, nothing is ever certain." * * *

The ACLU won a similar case in March 2006 in the Indiana Supreme Court against Evansville-Vanderburgh Schools. The district had been charging families a $20 "student services fee" that paid for nurse services and athletic programs.

After the court's decision, Zionsville administrators and attorneys studied the district's fees. Some were changed and others were dropped entirely, but the attorneys thought the health fee would withstand legal scrutiny, Robison said at the time.

Robison threatened possible cuts, either in health services or academic programs, if the fee disappeared.

The case referenced is the March 30, 2006 Supreme Court opinion in Frank Nagy, et al. v. Evansville-Vanderburgh School Corporation. See ILB summary here.

Posted by Marcia Oddi on March 20, 2008 10:05 AM
Posted to Ind. Trial Ct. Decisions