INDIANA COALITION FOR PUBLIC EDUCATION - MONROE COUNTY AND SOUTH CENTRAL INDIANA, INC. v. MCCORMICK et al
| INDIANA COALITION FOR PUBLIC EDUCATION - MONROE COUNTY AND SOUTH CENTRAL INDIANA, INC. |
| JAMES BETLEY, JENNIFER MCCORMICK and SEVEN OAKS CLASSICAL SCHOOL, INC. |
| 1:2017cv01295 |
| April 25, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Jane Magnus-Stinson |
| Constitutional - State Statute |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
101
ORDER - Pending before the Court are Defendants Jennifer McCormick's and Seven Oaks Classical School, Inc.'s ("Seven Oaks") Bills of Costs, [Filing No. 96 ; Filing No. 97 ], and Plaintiff Indiana Coalition for Public Education 's ("the Coalition") Motion for Review of Taxable Costs, [Filing No. 98 ], all filed after the Court dismissed this matter for lack of subject-matter jurisdiction, [Filing No. 93 ]. Seven Oaks requests an award of $1,853.34 a nd Ms. McCormick requests $1,490.74 in compensable costs. For the reasons described below, the Court GRANTS Ms. McCormick's request and TAKES UNDER ADVISEMEMENT Seven Oaks' request. For the foregoing reasons, the Court GRANTS IN PAR T and DENIES IN PART the Coalition's Motion for Review of Taxable Costs. 98 The Court awards Ms. McCormick $1,490.74 in costs, which are included in the judgment. The Court ORDERS Seven Oaks to file a verified notice identifying which o f its claimed costs it actually paid for (except for the $20 nominal "docket fee," awarded under § 1923) on or before December 3, 2018. Alternatively, Seven Oaks may move to withdraw its Bill of Costs(though it may continue to request the docket fee) by that same date. Seven Oaks may not recover the $300 in pro hac vice fees. Consistent with the foregoing, Seven Oaks' Bill of Costs 96 remains UNDER ADVISEMENT. (See Order). Signed by Judge Jane Magnus-Stinson on 11/15/2018. (APD)
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Filing
92
ORDER - Indiana's Charter School Act (or "Act"), Ind. Code § 20-24-1-1, et seq., permits private and public universities (among other entities) to "authorize" public charter schools. Grace College, a religious institut ion, is among the private schools designated by the Act as an authorizer. The Indiana Coalition for Public Education ("Coalition") is an organization that advocates for traditional public schooling and opposes the diversion of funds to charter schools. The Coalition brought suit not against Grace College, but against Seven Oaks Classical School, Inc. ("Seven Oaks"), a school authorized by Grace College, and the Superintendent of Public Instruction, alleging that the Ac t violates the Establishment Clause of the U.S. Constitution by permitting Grace College to act as an authorizer. The parties have filed cross-motions for summary judgment. [Filing No. 79 ; Filing No. 81 ; Filing No. 82 .] The Coalition has set forth several policy concerns with respect to the operation of the Charter School Act and its impact on public school corporations. But it has not met its burden of demonstrating that its alleged injuries are fairly traceable to the Charter School Act's authorizing provision or that its injuries are likely redressable by the relief available in this Court. The Court therefore lacks subject-matter jurisdiction over the Coalition's claims, and DENIES the Coalition's Motion for Summary Judgment 79 , GRANTS IN PART Defendants' Motions for Summary Judgment [ 81 ; 82 ] insofar as they challenge the Court's subject-matter jurisdiction, and DISMISSES the Coalition's Complaint WITHOUT PREJUDICE. Final judgment will issue accordingly. (See Order). Signed by Judge Jane Magnus-Stinson on 9/6/2018. (APD)
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Filing
66
ENTRY - Plaintiff Indiana Coalition for Public Education ("Coalition") alleges that the Indiana Charter School Act ("Charter School Act" or "Act"), Ind. Code § 20-24-1-1, et seq, delegates the power to authorize p ublic charter schools to religious institutions. [Filing No. 1 .] According to the Coalition, this delegation and the funding that accompanies it violate both the Establishment Clause of the First Amendment to the U.S. Constitution and the Indian a Constitution. [Filing No. 1 .] Nonparty Grace College is one such private religious institution that may authorize charter schools under the Act. Grace College has authorized several charter schools, including Intervenor Defendant Seven Oaks C lassical School, Inc. ("Seven Oaks"). Pending before the Court is Seven Oaks' Motion to Dismiss, [Filing No. 57 ], which seeks to dismiss the Coalition's Complaint for lack of jurisdiction and for failure to state a claim. The Court concludes that it cannot fully address all of Seven Oaks' arguments in the absence of a factual record. The Court therefore GRANTS IN PART and DENIES IN PART Seven Oaks' Motion. At the motion to dismiss stage, the plaintiff must o nly plausibly allege facts that, if true, invoke this Court's jurisdiction and state a claim to relief. The Coalition plausibly alleges that it has standing to pursue its claims and that the Charter School Act provision allowing religious ins titutions to act as authorizers violates the Establishment Clause. Accordingly, the Court DENIES IN PART Seven Oaks' Motion to Dismiss, [Filing No. 57 ], to the extent it seeks to dismiss the Coalition's Complaint for lack of jurisdicti on and to the extent it seeks to dismiss Count I and certain portions of the Complaint's request for relief for failure to state a claim. The Complaint fails, however, to state a claim as to the administrative fees provision under either the Establishment Clause or the Indiana Constitution, and the Court therefore GRANTS IN PART Seven Oaks' Motion to the extent it seeks to dismiss Counts II and III. The Court VACATES the previously-entered discovery stay, [Filing No. 60 ], and requests that the Magistrate Judge hold a conference with the parties to address the further development of this matter and to adjust remaining case management deadlines, as appropriate. Signed by Judge Jane Magnus-Stinson on 11/29/2017. (APD)
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