Vaidik, C.J.
Case Summary
Indiana’s public schools lost hundreds of millions of dollars when new property-tax caps went into effect in 2010. Franklin Township Community School Corporation (“Franklin Township”)—one of a number of school corporations hit hardest by the new property-tax caps—responded by eliminating student transportation for the 2011-2012 school year. Franklin Township later contracted with an educational service center to provide student transportation for an annual fee. In November 2011 township parents filed a class-action lawsuit against the school corporation, challenging the constitutionality of its actions.
Though this case raises a number of legal questions, one is of primary importance: did Franklin Township act unconstitutionally with respect to student transportation? Applying our Supreme Court’s reasoning in Nagy v. Evansville-Vanderburgh School Corp., 844 N.E.2d 481 (Ind. 2006), we conclude that it did. We affirm in part and reverse in part.
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In summary, we affirm in part and reverse in part. We affirm the trial court’s conclusion that Hoagland is not entitled to legal relief, as there is no right of action for monetary damages under the Indiana Constitution. However, we conclude that the ITCA does not apply to Hoagland’s state constitutional claim, and we reverse the trial court on that ground. We also conclude that Franklin Township acted unconstitutionally by discontinuing student transportation to and from school and by later contracting with CIESC to provide that transportation for a yearly fee, and Hoagland is entitled to declaratory judgment to that effect. We therefore reverse the trial court’s denial of declaratory judgment and remand to the trial court with instructions to enter a declaratory judgment consistent with this opinion.
Affirmed in part and reversed in part.
RILEY, J., and MAY, J., concur.