State Superintendent Glenda Ritz files suit against state board of education

Indianapolis — Indiana Superintendent of Public Instruction Glenda Ritz filed suit Tuesday morning alleging violations of the Open Door Law by members of the State Board of Education.

The suit names ten members of the Board as defendants over allegations they violated Indiana’s Open Door Law “by taking action in secret by drafting, or directing the drafting of, a letter they sent to President Pro Tempore David Long and House Speaker Brian Bosma — both Republicans — dated October 16, 2013.

The letter drafted during the meeting requests that Senator Long and Speaker Bosma appoint Indiana’s Legislative Services Agency to perform calculations to determine the 2012-2013 A-F grades for Indiana schools.

The suit alleges that no public notice was issued for a meeting that allowed for this action and that Superintendent Ritz was not made aware of this action until after it was taken, despite her role as Chair of the State Board of Education.

The suit seeks to prevent the State Board of Education from continued violations of the Open Door Law and declaratory relief.

“When I was sworn in to office, I took an oath to uphold the laws of the State of Indiana,” said Superintendent Ritz said. “I take this oath very seriously and I was dismayed to learn that other members of the State Board have not complied with the requirements of the law. While I respect the commitment and expertise of members of the board individually, I feel they have over-stepped their bounds.”

The entire grading process has been slowed by the ISTEP testing interruptions that occurred in the spring. The test scores are a primary basis for the accountability rankings.

Ritz further stated in the release, “Since my inauguration, I have worked tirelessly to communicate openly with the Board and the public. I do not take this action lightly, but my obligations as elected state Superintendent require it. I look forward to continuing to work to improve education for all Indiana students in a fair, transparent and collaborative manner.”

The suit is Ritz v. Elsener, et al and it has been filed in the Marion Circuit Court. The cause number is 49C01-1310-PL-038953. The Department of Education is using in-house counsel to avoid any additional costs to the state, according to the release from the DOE.