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.]
Section 6-2202 – PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM.
6-2202. PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM. Section 1, article IX, of the constitution of the state of Idaho provides: "The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a […]
Section 6-2203 – SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX.
6-2203. SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX. The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establish and maintain a general, uniform and thorough system of public, free common schools. […]
Section 6-2204 – RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION.
6-2204. RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION. The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby declared to have the primary responsibility for provision of constitutionally required educational services and for assuring […]
Section 6-2205 – RIGHT OF ACTION — STANDING TO SUE.
6-2205. RIGHT OF ACTION — STANDING TO SUE. (1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue and may bring suit […]
Section 6-2206 – PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL.
6-2206. PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of public instruction that the complaint has been filed. Either the […]
Section 6-2207 – BENCH TRIAL.
6-2207. BENCH TRIAL. When a complaint is filed against a school district pursuant to this chapter, trial shall be before the district court sitting without a jury. History: [6-2207, added 1996, ch. 258, sec. 1, p. 848.]
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 6-2211 – 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, […]