TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 22

CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT

6-2211.  District court’s continuing jurisdiction. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has complied with its obligation to offer constitutionally required educational services. Upon its review, the district court shall take the following actions:

(1)  If the district court finds that the local school district has at that time complied with its obligation to provide constitutionally required educational services, it shall issue a declaratory judgment to that effect, and it may dissolve any orders previously in place as it finds appropriate.

(2)  If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services, but is making good faith progress toward compliance with its obligations to provide constitutionally required educational services, it shall issue an interlocutory finding to that effect and continue its jurisdiction.

(3)  If the district court finds that:

(a)  The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(b)  The local school district does not offer educational or other services not federally mandated or constitutionally required;

(c)  The local school district does not offer constitutionally required educational services in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;

(d)  The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equals or exceeds the comparison made in section 6-2210(1), Idaho Code; and

(e)  The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(4)  If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services and is not making good faith efforts toward substantial compliance, it shall continue its jurisdiction and may issue such orders as it finds necessary to compel good faith efforts on the local school district’s part, including an order for state supervision.

History:

[6-2211, added 1996, ch. 258, sec. 1, p. 852.]