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Judge: Franklin Twp. bus fee broke no law

Updated: Thursday, 20 Dec 2012, 10:32 AM EST
Published : Thursday, 20 Dec 2012, 10:32 AM EST

INDIANAPOLIS (WISH) - A judge has ruled that Franklin Township did not violate the state constitution by instituting a fee for busing, ending a lawsuit by parents over the fee.

Marion County Superior Court judge Theodore Sosin said the school had no constitutional duty to provide transportation during the 2011-12, and therefore the fees were not a breach of such duty, the school system said in a news release Thursday.

Indiana Attorney General Greg Zoeller had issued a nonbinding opinion that the fee did indeed breach the state constitution and law. That opinion came after two state lawmakers asked him to research the matter that caused a public outcry.

In August 2011, Franklin Township Community School Corp. contracted out transportation to deal with a budget shortfall. Families were then charged about $50 a month per child riding the bus. Two parents s ued over the fees .

A change in state law has since made such fees illegal , but also allowed schools to restructure their debt, giving them more flexibility to deal with budget issues like those that prompted Franklin Township schools’ decision in the first place.

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