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Saturday, May 03, 2008

Ind. Decisions - More on: Court of Appeals revives suit challenging state's school finance system [Updated]

Updating this entry yesterday on the Court of Appeals decision in the case of Joseph Bonner et al v. Mitch Daniels et al, Lesley Stedman Weidenbener of the LJC reports today:

The Indiana Court of Appeals yesterday reinstated a case that challenged the state's funding for schools, saying lawmakers have a duty to provide students with a broad education that prepares them to compete and participate in society.

The court did not rule on whether the state is achieving that mandate. Instead, the 2-1 decision sent the case back to Marion Superior Court to determine "whether Indiana's current public school system through its funding provides our students with an education, as envisioned by the framers of our Constitution."

The decision reversed the lower court's dismissal of the lawsuit, which was filed by the families of nine students who attend public schools in eight districts in Central and Northern Indiana.

Marion Superior Court Judge Cale Bradford originally ruled that the students improperly sued the governor and superintendent of public instruction, who are not responsible for the state formula that determines school aid. The formula is determined by the General Assembly. [ILB - Judge Bradford has since been named to the Court of Appeals.]

But in its decision yesterday, the appeals court said both the governor and superintendent were properly named as defendants because they implement the legislative funding.

Also, the decision said the courts have the authority to determine whether the executive and legislative branches are adequately fulfilling the constitution's education clause, which requires the General Assembly to provide a general and uniform system of schools "by all suitable means."

"A constitutionally mandated public education is not a static concept removed from the demands of an evolving world," the decision said. "Mere competence in the basics -- reading, writing, and mathematics -- is insufficient in the beginning days of the 21st century to insure that this state's public school students are fully integrated into the world around them. A broad exposure to the social, economic, scientific, technological, and political realities of today's society is essential for our students to compete, contribute, and flourish in Indiana's economy."

The lawsuit, coordinated by the Indiana State Teachers Association, contends that the state does not provide such an education equally to students. The association has cited disparities in test scores among classes of students as proof that there is an achievement gap.

In a dissenting opinion, Judge Ezra Friedlander said the lower court's dismissal of the case should be upheld because it is beyond the court's purview to "sit in judgment of decisions" made by the General Assembly.

[More] For more on the case, start with this ILB entry from Jan. 30, 2007, headed "Judge tosses lawsuit over school finances," which includes a link to Judge Bradford's trial court opinion.

Posted by Marcia Oddi on May 3, 2008 09:28 AM
Posted to Ind. App.Ct. Decisions