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Controversies

Textbook-fee and fee-as-tax suits: the doctrine is the county's and the state's; no Osceola or Penn-Harris-Madison suit stands — none here

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ROW 607 · LEG 90 ITEM 9 · TESTED NOVEMBER 2026

Indiana's fee litigation is real, appellate, and twice decided — and neither case is this town's. In Chandler v. South Bend Community School Corporation, 312 N.E.2d 915 (Ind. Ct. App. 1974), a class challenge to textbook rental fees under Article 8, Section 1 of the Indiana Constitution failed: a reasonable textbook rental fee, the court held, does not violate the free-tuition clause. In Nagy v. Evansville-Vanderburgh School Corporation, 894 N.E.2d 1087 (Ind. 2006), the Indiana Supreme Court drew the line the other side of a general student-services fee: a mandatory twenty-dollar fee funding tuition-essential services did violate Article 8, Section 1, while textbook rental itself was left standing. Both corporations — South Bend's and Evansville's — own their cases in their own cities' builds; they print here at boundary size because they state the law Osceola's schoolchildren live under, through the Penn-Harris-Madison corporation.

For a suit of this town's own, the test is blank: no textbook-fee, curriculum-fee, or fee-as-tax suit naming the Penn-Harris-Madison corporation or seated in Osceola is documented in the St. Joseph Superior or Circuit dockets or the press record as reached in this section, and Schools's corporation course carries no fee litigation at any size — a state of the record this section confirms rather than repairs. Later statewide settlement of the underlying practice, including the 2023 abolition of textbook rental fees in Indiana law, is Schools-leg course and is pointed to, not told here. Closure: TESTED NEGATIVE — doctrine DUG at boundary (Chandler; Nagy); no Osceola-seated fee suit exists in the record reached.

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Source: Textbook-fee and fee-as-tax suits: the doctrine is the county's and the state's; no Osceola or Penn-Harris-Madison suit stands — none here, Moosed History by Project Moosed, https://history.projectmoosed.com/usa/midwest/indiana/osceola/controversies/row-607-textbook-fee-and-fee-as-tax-suits/