Tuesday, August 19, 2008
Ind. Decisions - Transfer petition pending in school finance case
A transfer petition is pending in the suit challenging the school finance system, Bonner v. Daniels (49 A 02 - 0702 - CV - 00188). On May 2nd, the Court of Appeals, in a 2-1 decision, ruled:
[W]e find that the trial court erred in dismissing Bonner’s cause as his claim is clearly justiciable and subject to judicial review and, additionally, we find that the Education Clause, encapsulated in Article VIII, §1 of the Indiana Constitution, provides Indiana’s children with the right to a public education, as envisioned by the framers of our Constitution. We reverse and remand for further proceedings pursuant to this decision.Yesterday the ILB learned that:
The Tax Foundation, in a friend-of-the-court brief filed with the Indiana Supreme Court, urges the reversal of a lower court decision creating a judicially enforceable right to a "quality" education. The brief explains that such an interpretation goes beyond the text and historical meaning of the Education Clause of the Indiana Constitution, focuses improperly on funding as the only way to improve state education, and ignores the problematic experiences other states have had with judicial funding mandates.Read the entire release here.
The Tax Foundation's amicus brief is also available for review. Access it here. The ILB would be pleased to post the briefs of the parties, if they can be made available.