Judge throws out lawsuit brought by Indiana State Teacher Association over school finance
An Indiana state court judge has thrown out a lawsuit brought by the Indiana State Teacher Association (ISTA) against the state over how much money is set aside for schools, specifically for students who are poor, disabled, and learning English as a second language. The suit said standardized test scores show those students aren’t getting an education that prepares them for college or the workplace. The court’s ruling concluded the suit wrongly targeted Indiana Governor Mitch Daniels and the state schools chief, who aren’t responsible for the state formula that determines school aid. Although the ruling said a third defendant, the Indiana Board of Education, technically can be sued because its members carry out the school-aid formula determined by state lawmakers, the court also threw out that part of the case. "A closer examination of plaintiffs' claim seems to be, in reality, dissatisfaction with how the formula is weighed and implemented by the state Board of Education, not the formula itself." Education lobbyists worry that a judge's decision to throw out their school-finance lawsuit strips disadvantaged children of their right to fight in court for a better education. An ISTA official says the union's final word about an appeal will come later, but "I wouldn't be surprised if we appealed this straight to the Supreme Court." Indiana taxpayers kick in an average $10,000 per student, which researchers say is on par with the national average. School spending has ballooned nearly 70% over the past decade, according to state records. But educators say the added money is for construction and other needs that don't directly help learning.
Indiana Star
By Staci Hupp
[Full story]
[Editor’s Note: Background on the case, including ISTA’s legal complaint, is available below.]
[NSBA School Law pages on Bonner v. Daniels]