Lawsuit Timeline
April 2017 - Lawsuit is filed
June 2017 - Seven Oaks requests to be dismissed from the lawsuit
August 2017 - Seven Oaks is back in the lawsuit as an intervenor
November 2017 - Two out of three counts dismissed. One count moves forward. Read more here.
December 20, 2017 - Status meeting with judge.
September 6, 2018 - Case dismissed without prejudice
Judge's Decision on Seven Oaks Request to Dismiss
Our Summary
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Lawsuit Questions & Answers
​Q: I heard that the Indiana Coalition for Public Education–Monroe County has filed a lawsuit. What is the lawsuit about and where was it filed?
A: ICPE–Monroe County is challenging the constitutionality of the Indiana statute that allows private, religious colleges in Indiana to authorize charter schools. The lawsuit was filed April 25, 2017, in the U.S. district court for the southern district of Indiana (federal court).
Q: Who is named in the lawsuit?
A: The lawsuit names three defendants:
Jennifer McCormick, in her official capacity as the state superintendent of public instruction and chair of the Indiana State Board of Education (ISBOE). ISBOE has authority to develop standards for and oversee charter school authorizers; to approve, deny or suspend approval to an institution which has applied to be an authorizer; and to distribute state education funds to charter schools.
James Betley, in his official capacity as the executive director of the Indiana Charter School Board (ICSB). ICSB has general authority over charter school authorization.
Seven Oaks Classical Charter School, a charter school in Monroe County,Indiana, authorized by Grace College and Seminary. Important to note that Seven Oaks was dismissed from the case and then asked to return as intervenor.
Q: What is the status of Seven Oaks Classical School in the lawsuit?
A: The issue in this litigation is the constitutionality of a statute that allows religious institutions to authorize charter schools. The primary defendants are therefore state officials and the Attorney General. However, since Seven Oaks could lose its funding if we win, it was originally included in the case as a co-defendant. The school was temporarily dismissed from the case because of a dispute about scheduling, but that has been resolved, and Seven Oaks is back in the case as it was originally filed.
Q: Can you give some history?
A: Seven Oaks Classical School was authorized in January 2016 by Grace College and Seminary, an evangelical Christian institution in Winona Lake, Indiana, after two unsuccessful applications to the Indiana Charter School Board.
Seven Oaks Classical School's application for a charter was vigorously contested in Monroe County, in part because of its affiliation with the Barney Charter School Initiative from Hillsdale College, a nonsectarian Christian institution in Michigan.
Q: Why does ICPE–Monroe County regard it as a problem for a private, religious institution to make decisions that affect how public education dollars are spent?
We believe that only state and local officials who answer to the public should be able to authorize charter schools, which are funded by taxpayers. Grace College does not answer to the public.
Permitting an evangelical institution to review the curriculum and decide whether to authorize the proposal violates the constitutional principle of separation of church and state.
Indiana law does not provide criteria or standards for reviewing a charter application, evaluating the educational quality of the proposal, or ensuring that religious criteria are not used as the basis for approval.
The decision to authorize a charter is not reviewable by state officials.
There is a prohibition in the Indiana constitution against drawing money from the treasury for the benefit of a religious institution. A provision in state law seems to violate that prohibition by giving up to 3% of a charter school's public funds to the authorizer—in this case, Grace College and Seminary.
Q: Is ICPE–Monroe County concerned about the fiscal impact that Seven Oaks Classical School is having on our two Monroe County school districts, Richland-Bean Blossom and Monroe County Community School Corporation?
Absolutely. When students leave public school districts for charters, the districts lose per-pupil funding, but their expenses do not go down proportionally. The loss of students is scattered across the district. What teachers should be cut? What programs should be diminished? Expenses for infrastructure, electricity, etc., do not decline. Our building capacity and programs have been slowly built up over time. Loss of population and funding has a negative impact on schools. Loss of funds will result in laying off teachers and support staff, increasing some class sizes, eliminating or raising the cost of participation in extra-curricular activities, and having fewer resources available to classroom teachers.
In 2016-2017, MCCSC is losing approximately $6,382 and RBBSC is losing approximately $6,508 per student who attends Seven Oaks rather than the public schools. The total diverted to Seven Oaks is probably between $800,000 and $1,000,000. (Some Seven Oaks students come from other counties or from private or home schools.)
Q: Why do you care about public schools?
A: Our public schools are anchors of our community life and key democratic institutions that are answerable to the public through elected boards. They have a mission and responsibility to serve children of all socioeconomic backgrounds, abilities, ethnicities, religions, and political orientations. They serve as an essential forum for students from different walks of life to learn to respect and work with each other. Adequate funding and community support is necessary for our public schools, and our democratic society, to thrive.
Q: Where can I see the actual complaint?
A: Please click here to see the text of the complaint and here for our press release announcing the suit.
Q: How is your group connected to the Indiana Coalition for Public Education in Indianapolis?
A: ICPE–Monroe County is a nonpartisan group of parents, teachers, and other members of our community. People who join our group automatically become members of the state ICPE as well. We send a portion of our membership dues to the state ICPE to support a public education lobbyist at the statehouse, and we publicize the information and calls to action that we receive from them, but we are a separate organization.