Archive for April 11th, 2006

School fees decision from the Indiana Supreme Court

The Indiana Supreme Court recently held that “service fees” charged by school corporations are prohibited under Indiana’s constitutional guarantee of a “free and equal” education.

In Nagy v. Evansville-Vanderburgh County School Corp., the court, however, decided not to address the issue of whether charging for school textbook rental was also a violation of the state Constitution.

The South Bend Tribune made their opinion of the Court’s decision clear in an editorial this week:

So just what should an Indiana Supreme Court justice be expected to do for his public service pay? Answer the hard questions? Or just the easy ones?

It seems to us that the court took the easy way out with its ruling on Nagy v. Evansville-Vanderburgh County School Corp. The justices settled the specific matter regarding the constitutionality of student services fees. But they punted the question of textbook rental fees back to the Indiana General Assembly — even though legislators long have ducked the state’s duty to fully fund textbooks for public school students.

I agree that textbook rental fees should be eliminated so that Indiana students may receive the benefit of a truly free education.

However, I also tend to agree with Justice Sullivan’s dissent, which takes a more deferential approach to Legislative authority to determine what exactly is funded in the public education system.

The Court’s opinion is available here (.pdf), and more coverage is available at Advance Indiana and the Indiana Law Blog.

6 comments April 11th, 2006


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