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Friday, November 04, 2011
Ind. Courts - "Mom sues Franklin Township schools over bus fees: Mom's suit says charge violates state constitution"
That is the headline to an Indianapolis Star story reported by Carrie Ritchie. Some quotes:
Lora Hoagland struggles to get her two sons to Franklin Township schools each day.The district axed its bus service this year to cut costs. Now, a nonprofit offers transportation -- but for a fee.
Hoagland, 38, can't afford to pay, so she drives her children to school. * * *
Frustrated, she sued the district this week to try to get it to reinstate its bus services. She and her attorneys say they'll ask a judge to make it a class-action suit on behalf of other parents in the district.
"This is not just about me or my kids," she said. "It's about everyone. I'm the one taking the step forward because somebody has to. Somebody has to start the fight."
The school district says the suit will fail, but Hoagland seems to have some support.
Rep. Mike Speedy, R-Indianapolis, has asked the Indiana attorney general's office to issue an opinion on the legality of the district's new arrangement, and he's considering drafting legislation that would prevent such arrangements in the future.
Hoagland and her attorneys claim in the suit filed Tuesday in Marion Superior Court that allowing an outside organization to charge parents for bus service to schools violates a provision of Indiana's constitution that says public education must be tuition-free.
The district cut bus service after local taxpayers rejected a referendum in May that would have brought the district an extra $13 million each year for seven years. * * *
Central Indiana Educational Service Center, which handles busing to Franklin Township Schools, charges parents $47.50 per month for the first child and $40.50 for each additional child. * * *
In 2010, the attorney general's office issued an opinion saying that schools cannot charge bus fees, but this situation is slightly different because CIESC -- not the schools -- is charging parents.
Still, Hoagland's attorneys are hopeful that opinion will strengthen their case.
"The point is, parents shouldn't have to pay for bus service, regardless of who's charging them a fee," attorney Tom Blessing said. "That's what taxes are for."
Posted by Marcia Oddi on November 4, 2011 11:10 AM
Posted to Indiana Courts