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Thursday, July 21, 2011

Ind. Courts - Still more on "Teachers' union seeks to block voucher law" [Updated]

Okay, good news. Updating this ILB entry from earlier today, the ILB has received and is posting the documents in the school voucher case.

The name of the case is Teresa Meredith, et al v. Mitch Daniels. The case was assigned to Judge Michael D. Keele, Marion Superior Court 7.

Here is the 14-page Complaint for Declaratory and Injunctive Relief, filed July 1, 2011. It begins:

1. This is a lawsuit for declaratory and injunctive relief, in which Plaintiffs challenge the constitutionality of Indiana's "Choice Scholarship Program" ("CSP"), which was enacted on May 5, 2011 as part of House Enrolled Act No. 1003, §§ 5-6 & 10, P.L. 92-2011. Taking effect on July 1, 2011, the CSP creates a program under which the State - rather than educating Indiana children through a "general and uniform system of Common Schools," Ind. Const. art. 8, § 1 - would instead use funds raised for public education to pay for a portion of these children to receive their state-funded education in private schools. The vast majority of these CSP schools will be religious institutions, which are extensions of the religious ministries of the churches that sponsor them, and which exist for the purpose of providing their children with an education based on and grounded in religious training and worship. The CSP will be implemented beginning with the 2011-2012 school year.

2. This use of taxpayer funds is contrary to the Indiana Constitution's directive in Article 8, § 1 that the General Assembly provide for the education of Indiana children through "a general and uniform system of Common Schools." And it is also incompatible with the Constitution's provisions, found in Article 1, § § 4 and 6, that safeguard Indiana citizens' freedom of conscience by ensuring that they are not compelled, through the taxes they pay, to support religious institutions, ministries, and places of worship against their consent.

The relief sought:
1. Declare the Choice Scholarship Program unconstitutional under (a) Article 8, § 1, of the Indiana Constitution; (b) Article 1, § 4, of the Indiana Constitution; and (c) Article 1, § 6, of the Indiana Constitution;

2. Preliminarily and permanently enjoin defendants, and all persons and entities acting under their direction or in concert with them, from taking any measures to implement or enforce the Choice Scholarship Program;

3. Award plaintiffs their attorneys' fees, expenses, and costs incurred in prosecuting this lawsuit; and

4. Order such other and further relief as this Court may deem appropriate.

Here is the State's "Memorandum in Opposition to the Motion for Preliminary Injunction." It is a very large (over 2 MB) file, 50 pp. of memo followed by 16 pp. of exhibits. The State's Table of Contents, pp. 2-4, provides a good outline of the State's argument.

Hearing Date. Aug. 11 is the date set for a hearing on the plaintiffs' request for a preliminary injunction.

[Updated at 7:45 pm] The ILB has now received a copy of the 65-page Intervenor Applicants' Brief in Opposition to Plaintiffs' Motion for Temporary Injunction, which was filed earlier today.

Posted by Marcia Oddi on July 21, 2011 06:21 PM
Posted to Indiana Courts