Schools Want To Revive Suit Smaller Districts Say Funding Problems Still Unresolved
A coalition of Idaho school districts hopes to convince the state Supreme Court to revive a lawsuit over school finances, contending the Legislature hasn’t done enough to solve the problems.
In particular, attorney Robert Huntley says, the Legislature has failed to do anything about a school facility backlog that was more than $700 million when a study was made a few years ago and now is estimated at $1 billion.
The Supreme Court will hear verbal arguments Sept. 11 on the coalition’s effort to revive a lawsuit ruled moot, or meaningless, by a district judge.
Idaho Schools for Equal Educational Opportunity, a coalition of more than 30 of the state’s smaller districts, filed a lawsuit in 1990 challenging school funding.
Fourth District Judge Gerald Schroeder, now a member of the Supreme Court, granted summary judgment, ending the lawsuit, and it is that order that was appealed.
Schroeder noted that the 1994 Legislature appropriated $653 million for public schools, a record increase; the Legislature changed the funding formula, which could significantly impact school funding; and lawmakers adopted a new definition of a “thorough” public school system that is outside the scope of the lawsuit.
He also denied a motion to amend the lawsuit.
“The school districts are going forward with the appeal because they disagree with the court’s ruling that the case was moot for two reasons,” Huntley said Wednesday.
One is that the Legislature still hasn’t adequately funded public schools in Idaho. “Perhaps more importantly at this time, the Legislature has not addressed the facilities need, where the backlog is now near $1 billion,” he said.
Idaho Schools for Equal Educational Opportunity had 33 school districts as members at last count, Huntley said, although the number fluctuates as districts join the lawsuit or drop out.
The coalition contends the lawsuit involves a question of “great public interest” and should be taken to trial and resolved.