BONNER EX REL. BONNER v. DANIELS

No. 49S02-0809-CV-525.

907 N.E.2d 516 (2009)

Philip A. BONNER, a minor, by parents and next friends, Joseph and Latanya BONNER; William Thomas Bobo, a minor, by mother and next friend, Clarissa Wan Bobo; John Brooks, Jr., a minor, by father and next friend, John Brooks, Sr.; Aaron W. Carver, a minor, by parents and next friends, Lester and Vanessa Carver; Thomas J. Harris, a minor, by mother and next friend, Patricia Harris; Demi Murry, a minor, by grandparents and next friends, Patricia and Charles Murry; Dameesha Fletcher, a minor, by mother and next friend, Loretta Fletcher; Brendan Johnson, a minor, by mother and next friend, Ayana Johnson; and Albert Serna, a minor, by parents and next friends, Berth and Cirilo Serna, Appellants (Plaintiffs), v. Mitch DANIELS, Governor, State of Indiana, and Co-Chair of the Education Roundtable; Tony Bennett, Indiana State Superintendent of Public Instruction, Chair of the State Board of Education, and Co-Chair of the Education Roundtable; and Indiana State Board of Education, Appellees (Defendants).

Supreme Court of Indiana.

June 2, 2009.


Attorney(s) appearing for the Case

Ronald J. Waicukauski, Jana K. Strain, Price Waicukauski & Riley, LLC, Indianapolis, IN, Michael D. Weisman, Rebecca P. McIntyre, Weisman & McIntyre, Boston, MA, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Thomas M. Fisher, Solicitor General, Heather L. Hagan, Julie Brubaker, Deputy Attorneys General, Attorneys for Appellees.

Joseph D. Henchman, Washington, DC, John M. Mead, Leeuw Oberlies & Campbell, P.C., Indianapolis, IN, for Amici Curiae Tax Foundation.

Jerry Garau, Findling Garau Germano & Pennington, P.C., Indianapolis, IN, Molly A. Hunter, Dir., Nat'l ACCESS Network, New York, NY, Ellen Boylan, Educ. Law Center, Newark, NJ, Amanda G. Adler, Educ. Finance Center, The Rural School and Comm. Trust, Inc., Columbia, SC, for Amici Curiae Nat'l Access Network, Educ. Law Center, and The Rural School and Comm. Trust, Inc.


On Transfer from the Indiana Court of Appeals, No. 49A02-0702-CV-188

DICKSON, Justice.

The plaintiffs/appellants, a group of Indiana public school students, appeal the trial court's dismissal of their complaint, which sought a declaratory judgment to establish that the Indiana Constitution imposes an enforceable duty on state government to provide a standard of quality education to public school students and that such duty is not being satisfied. The Court...

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