“Judge rules in favor of school vouchers”
by Mikel Livingston
Journal and Courier
January 14, 2012
Proponents of Indiana’s school voucher program have won the battle, but not the war.
At least that’s according to plaintiffs in the lawsuit seeking to stop the controversial school choice program from moving forward.
The vouchers, approved by the General Assembly last spring, redirect money from public schools to help offset private-school tuition for students in low- and middle-income families.
Last July, more than a dozen opponents of the voucher program, including four Lafayette School Corp. officials, sued Gov. Mitch Daniels and Superintendent of Public Instruction Tony Bennett, arguing that the program is unconstitutional.
On Friday, Marion Superior Court Judge Michael Keele ruled the program is constitutional and granted summary judgment in favor of the state. That ended the first stage of the legal battle that will likely end at the Indiana Supreme Court.
“I don’t think we’re surprised at all by the ruling,” said LSC Superintendent Ed Eiler, one of the plaintiffs.
“We’ve known all along this will go to the Supreme Court, and it will be up to the Supreme Court to make the final judgment. I think the intent is to pursue the appellate process and see what comes.”
Opponents had argued that the vouchers take away much-needed funding from public schools to benefit primarily religious institutions, such as Catholic and Christian schools. They also say the program violates the state’s duty to provide a free and “uniform” public school system.
But Keele said in his ruling that the program was not designed to benefit parochial schools because it gives money to students, not to religious schools.
In the 10-county Lafayette area, 74 students are enrolled in the program. That includes 28 students living within the LSC district and 26 within the Tippecanoe School Corp. district. Eiler estimates the program will cost LSC $300,000 in funding.
Jeremy Brubaker has three children attending Faith Christian School this year through the voucher program.
The children had attended the school several years ago before the Brubakers pulled them out due to the expense.
Their students attended Edgelea Elementary and Sunnyside Middle schools for three years before the voucher program became an option. Brubaker said the decision to return to Faith was not because of any deficiencies within LSC.
“Both schools we had good relationships with,” Brubaker said. “Our main decision was because (Faith) lines up with what we believe.”
Teresa Meredith, vice president of the Indiana State Teachers Association, which helped bring the suit against the state, said the ruling was “disappointing but not unexpected.”
Keele had already denied their request to halt the program until the lawsuit was settled.
“This is just round one,” Meredith said. “We are fully planning to take it forward” on appeal.
JudeAnne Wilson, development director for Lafayette Catholic School System, isn’t concerned. The school system has 25 students enrolled this year through the program.
“I’m optimistic,” Wilson said. “We’re anticipating more interest now that there is this ruling and people start to understand better the program and their options.”
Indiana Attorney General Greg Zoeller’s office, which represented the state, praised the ruling in a news release Friday evening.
The program “followed the Indiana Constitution in creating broader educational options for Hoosier children since the scholarship funding is directed to students’ families, not to private schools,” Zoeller said. “The court agreed that (the program) does not violate anyone’s rights, and we are pleased with the thoughtful analysis.”
Eiler disagrees.
“There is a clear question as to whether or not the people of Indiana feel as though taxpayer dollars should go to support what is essentially the decision to attend parochial schools,” Eiler said.
“I think this is the fundamental question.”