Greg Zoeller
Duncan cites Indiana's "deep dysfunction" in interview
U.S. Secretary of Education Arne Duncan sounds worried about what's going on with education in Indiana. "Indiana has some very, very deep dysfunction right now, some fundamental challenges," Duncan said, "that I hope for the sake of kids that they can work through."
The story behind the new complaint against the State Board of Education
Ed Eiler (Purdue University photo) The fight over 10 Republican state board of education members' decision to go over the head of Superintendent Glenda Ritz with a letter to lawmakers about school grades is not over yet. On Friday, Judge Louis Rosenberg did dismiss Ritz's lawsuit objecting to the members' letter. But now a complaint from four private citizens is repeating Ritz's claims — and their effort could force attention to a question that Rosenberg left unaddressed: whether or not the state board broke the law with its letter. When StateImpact Indiana first reported the complaint, its origins were somewhat mysterious. Today, the genesis of the complaint is still not completely clear. One participant, Ed Eiler, said he was recruited to join the action. Indianapolis labor lawyer William Groth, who provided legal advice, said he did not recruit anyone. Groth said he was contacted by an intermediary who he declined to name, citing attorney-client confidentiality. Both Groth and Eiler said the action was not sponsored or encouraged by Ritz or the Indiana State Teachers Association. Groth said he has not met Ritz nor represented ISTA in the past. He said he believes he was consulted because of his expertise in the Open Door Law, which the complaint says the board violated. In an interview, Eiler said some light on who the group is and what it hopes to achieve.
Judge dismisses Ritz's lawsuit against the state board
State Superintendent Glenda Ritz, left, at Friday's Indiana State Board of Education meeting. Circuit Court Judge Louis Rosenberg dismissed state Superintendent Glenda Ritz's lawsuit against the Indiana State Board of Education today, saying she could not initiate a lawsuit without consulting with Attorney General Greg Zoeller. Ritz last month sued the other 10 members of the Indiana State Board of Education objecting to their effort to enlist legislative leaders to help calculate A to F grades for public and most private schools. Board members had complained Ritz was not working fast enough to issue the grades for schools; she said she had to wait for more data. After Friday's state board meeting, Ritz said she had not determined her next move. "This case was filed because I believed the board took illegal action outside of the public arena and that needed to be stopped," she said. "I am disappointed in today's ruling and concerned for all Hoosiers that have their lives affected by unelected boards, particularly those that act, perhaps, in secret." The suit was the apex of a long-running series of disputes between Ritz, the only Democrat in statewide office, and the rest of the board, all of whom are appointed by Republican governors. The suit argued that the board's letter to legislative leaders violated the state's transparency laws. By jointly signing it, Ritz argued, the board effectively made a decision outside of a public meeting, which her suit contended a violation of state law. But Zoeller quickly moved to have the suit dismissed by arguing Ritz could not use Indiana Department of Education lawyers to file the suit. Zoeller argued that Ritz could only initiate a lawsuit with assistance from his office. Rosenberg agreed. In his decision, he said Ritz's arguments were "not consistent with the underlying purpose" of state law and that Zoeller's arguments were "more plausible."
Judge to Ritz's lawyers: How can she sue without Zoeller?
Ritz did not attend today's hearing, at which her lawyers argued her suit against the State Board of Education should be allowed to proceed. Circuit Court Judge Louis Rosenberg had a tough question for state Superintendent Glenda Ritz today: Why should he let her lawsuit against the Indiana State Board of Education go forward? That was just one of the queries Rosenberg put before the department's staff lawyers that Ritz used to represent her over Attorney General Greg Zoeller's objections. If Ritz's legal team can't convince Rosenberg that they have a right to stick with the case, the suit that riled both sides of the aisle in the statehouse could be over by next week. Ritz last month sued the other 10 members of the Indiana State Board of Education in a protest of their push to move forward with calculating A to F grades for schools faster than Ritz had advocated. The lawsuit blew the lid off simmering tensions among Ritz and state board members, who disagree on a swath of education issues, from accountability to how to promote students between grades. Ritz's lawsuit targeted their latest disagreement. State board members have been frustrated that A to F grades for schools have not yet been released. But Ritz argues that problems with online testing last spring are the cause of the delay. Still, board members wrote a joint letter to legislative leaders asking them to have the Legislative Service Agency calculate the grades while Ritz was out of the country. In her lawsuit, Ritz argued that the move violated the state's transparency laws. By jointly signing a letter to lawmakers, she argued, the board effectively made a decision outside of a public meeting, which her suit contends is a violation of state law. In court today, discussion focused on whether Ritz has the right to file a lawsuit at all. The case was originally made by Zoeller, who asked the court to remove Ritz's attorneys from from the case, a step that would effectively end the suit altogether. Zoeller argued that Ritz could only initiate a lawsuit with assistance from his office.
Glenda Ritz's reversal of fortune in dealing with Republicans
State Superintendent Glenda Ritz Republican leaders at the statehouse were wary of state Superintendent Glenda Ritz from the moment she defeated Tony Bennett last November to become the only Democrat holding statewide office, and the simmering tension has exploded over the last month. But it wasn't that long ago Ritz was winning accolades for charming some Republican legislative leaders and pledging to work cooperatively on issues where they had common interests. Ritz's ability to get anything done from her own agenda depends on her ability to make common cause with Republicans, who control all other education policy-making bodies — both houses of the legislature, the governor's office and a majority on the Indiana State Board of Education. So the recent fallout makes her job tougher and raises questions about whether she can accomplish any of her policy goals. Over the course of nine months in office, her political scorecard looks better than might be expected. Still, early wins have turned to something of a losing streak of late. The latest battle could be a make-or-break moment for Ritz's term in office, as it comes down to the question of who sets the policy agenda for the education department, going forward. Here's a look back:
Ritz, Zoeller state differing takes on legal action
Glenda Ritz reads her statement at a press conference today, as captured and tweeted by Brandon Smith of Indiana Public Broadcasting. About the same time Democratic state Superintendent Glenda Ritz held a press conference this afternoon to explain her reasons for suing the state board she was hit with a new challenge — Republican Attorney General Greg Zoeller filed a motion asking the court to drop her lawsuit, arguing that only Zoeller can take legal action on behalf of a state official. Zoeller said he is willing to help broker a settlement between Ritz and her fellow board members. Short of that it will be up to a judge to decide whether Ritz has grounds to bring her case. Here are Ritz's statement and Zoeller's motion: