So, is full-day kindergarten an educational necessity? The state is saying as much in its commitment to try to start funding it. But that require it to be free under the state constitution. Or is an option, nice but not necessary? In that case, school systems that offer it could charge extra for it. The case can be made for each side so well that a ruling by the Indiana Supreme Court has the Indiana Department Education sending out conflicting opinions, and school districts don't know quite what to do.
I think this lawyer makes a convincing argument:
Local lawyer Joseph Curosh, who advises the Highland school district, said it would take a “quantum leap” of intelligence to think Rucker's decision forbids fees in full-day kindergarten programs.
For starters, Rucker never mentions kindergarten in his decision. The Evansville fees were for all grades, not just kindergarten, and they paid for amenities such as drama and athletics that should be covered by the tax-fed general fund. Kindergarten isn't a definite general fund expense.
Also, Rucker writes that fees can be charged for optional education programming.
Is full-day optional? Curosh believes it is. It's not required by the state. And Highland does offer half-day to all students for free.
Curosh also makes a point I've thought needs further discussion. The court's opinion could much more logically be used to void fees for textbooks, which are not an option. Charging for them would seem to violate the constitution's requirement for a "free and equal" education.
