Section 6-2211 – DISTRICT COURT’S CONTINUING JURISDICTION.
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, […]
Section 6-2212 – STATE SUPERVISION.
6-2212. STATE SUPERVISION. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is entered by the district court, the superintendent of public […]
Section 6-2213 – SUIT AGAINST STATE.
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 […]
Section 6-2214 – EDUCATIONAL NECESSITY LEVY.
6-2214. EDUCATIONAL NECESSITY LEVY. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction over a suit brought under this chapter or five (5) years after […]
Section 6-2215 – EFFECT ON PENDING LAWSUITS.
6-2215. EFFECT ON PENDING LAWSUITS. (1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsuit presents constitutionally based educational claims or counterclaims […]
Section 6-2216 – SEVERABILITY.
6-2216. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act. History: [6-2216, added 1996, […]
Section 6-2208 – DISTRICT COURT FINDINGS.
6-2208. DISTRICT COURT FINDINGS. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find that the defendant local school district is providing all constitutionally required educational services, it shall issue a […]
Section 6-2209 – REMEDIES IN SUIT AGAINST DISTRICT — CONTINUING JURISDICTION.
6-2209. REMEDIES IN SUIT AGAINST DISTRICT — CONTINUING JURISDICTION. (1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than […]
Section 6-2210 – FURTHER INQUIRY ABOUT TAX LEVIES — ORDERS.
6-2210. FURTHER INQUIRY ABOUT TAX LEVIES — ORDERS. (1) If the district court finds: (a) That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or (b) That if the local school district were to offer the constitutionally required educational services that it […]
Section 6-2201 – SHORT TITLE.
6-2201. SHORT TITLE. This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act." History: [6-2201, added 1996, ch. 258, sec. 1, p. 845.]