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NAGY v. EVANSVILLE-VANDERBURGH SCHOOL CORP.

No. 82S01-0409-CV-428.

844 N.E.2d 481 (2006)

Frank NAGY, on behalf of himself, his children, Weston Nagy and Jordan Nagy, and those similarly situated, and Sonia Brackett, on behalf of herself, her children, Cory Brashear and Cameron Brackett, and those similarly situated, Appellants (Petitioners below), v. EVANSVILLE-VANDERBURGH SCHOOL CORPORATION, Appellee (Respondent below).

Supreme Court of Indiana.

March 30, 2006.

Attorney(s) appearing for the Case

Jacquelyn Bowie Suess, Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, for Appellants.

Patrick A. Shoulders, Robert L. Burkhart, Ziemer Stayman Weitzel & Shoulders, LLP, Evansville, for Appellee.

Lisa F. Tanselle, Indianapolis, for Amicus Curiae Indiana School Boards Association.

On Petition To Transfer from the Indiana Court of Appeals, No. 82A01-0308-CV-299.

RUCKER, Justice.

The question presented is whether the mandatory $20 student services fee imposed on students enrolled in a school corporation violates Article 8, Section 1 of the Indiana Constitution. We conclude it does.

I. Facts and Procedural History

The facts of this case are largely undisputed. For the 2002-2003 school year, the Evansville-Vanderburgh...

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