In an decision by Chief Judge Jane Magnus-Stinson, the United States District Court for the Southern District of Indiana dismissed a lawsuit challenging Indiana’s Charter School Act as an unconstitutional establishment of religion. The court determined that the plaintiffs lacked standing to bring the suit. The decision is here.
The Indiana Coalition for Public Education—Monroe County and South Central Indiana, Inc. argued that Indiana’s Charter School Act impermissibly allows religious colleges and universities to authorize public charter schools. A charter school in its region had been authorized by a religious nonprofit college, which the coalition asserted violated the Establishment Clause of the U.S. Constitution and Indiana Constitution.
The coalition is a nonprofit located in Bloomington, Indiana. Its members include teachers, employees, board members, volunteers, and parents of schoolchildren in public schools in Monroe County, Indiana. The coalition alleges that a charter school in Monroe County has caused students to leave the public school districts, resulting in budgetary constraints and decreasing diversity in student bodies.
The charter school in question was authorized and is supervised by Grace College, which was not a party to the suit. Grace College is an evangelical college that “applies biblical values in strengthening character, sharpening competence, and preparing for service.” It is located in northern Indiana, while Monroe County is in southern Indiana.
The court concluded that, although the coalition presented several policy reasons against allowing Grace College and similar institutions to authorize charter schools, it hadn’t sufficiently demonstrated that the authorization caused the alleged injuries or that those injuries are likely redressable by the relief available in court.
The Indiana Lawyer covers the decision here.