Marion Co. judge upholds Indiana's school voucher law - Indianapolis Star

Children attending private schools with state funding will be able to continue their classes -- at least for now.

A Marion County judge ruled Friday that Indiana's school voucher program is constitutional. However, those who oppose the program say they'll appeal his decision.

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.

In July, more than a dozen opponents of the voucher program, including teachers, school officials and parents, sued Gov. Mitch Daniels and Superintendent of Public Instruction Tony Bennett, arguing that the program is unconstitutional.

Marion Superior Court Judge Michael Keele granted summary judgment in favor of the state Friday.

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 claim 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.

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 its 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.

But an attorney for parents who joined the state in fighting the lawsuit so their children could continue to receive vouchers said the judge was right.

"(The program) is designed to benefit students, not schools, and the court recognized that very essential fact," said Bert Gall, an attorney from the Institute for Justice, which helped the parents. "It's the most salient fact in determining that the program is constitutional."

Indiana Attorney General Greg Zoeller's office, which represented the state, also 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."

Follow Star reporter Carrie Ritchie on Twitter at twitter.com/CarrieRitchie. Call her at (317) 444-2751.