TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 22

CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT

6-2213.  Suit against state. When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to present evidence with regard to the district court’s findings that preceded the district court’s authorization to sue the state and/or the legislature, or it may stand on the record and findings before the district court. Following any additional evidence that may be offered after the state and/or the legislature is added as a defendant, if the district court finds that:

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

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

(3)  The local school district does not offer the constitutionally required educational services that it does offer 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;

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

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

the district court shall enter a declaratory judgment finding that the system of public, free common schools established by law is unconstitutional as applied to the patrons of that local school district. If the district court cannot make all of these five (5) findings, it shall dismiss the complaint against the state and/or the legislature, but retain jurisdiction over the other defendants as necessary. The district court shall not issue any other final judgments or orders against the state and/or the legislature except as authorized by this section.

History:

[6-2213, added 1996, ch. 258, sec. 1, p. 853.]