Suit Over School Funding Survives Bonner Trustee’s Action Claims State’s Support Inadequate, Unconstitutional

A judge declined Monday to dismiss a $14 million lawsuit, which claims the state doesn’t properly fund education in Bonner County.

Deputy Attorney General Michael Gilmore wanted the lawsuit filed by school trustee Bill Osmunson tossed out. He argued Osmunson and his two school-age daughters didn’t meet the legal requirements to sue the state.

“There is no allegation in the complaint that these people are being harmed or that a remedy will benefit them,” Gilmore said. “What we have here is a civic-minded plaintiff with two daughters in the system but they are not being injured.”

First District Court Judge James Michaud disagreed. He sided with Osmunson’s attorney Robert Huntley. Because the girls are in school they suffer when buses are unsafe, buildings are in disrepair and classes are overcrowded, Huntley said.

“The state’s argument has no merit.”

Osmunson filed the lawsuit against the Bonner County district and the state in January. He claims the state’s lack of financial support to the district deprives students of a proper and thorough education. It’s time lawmakers live up to their constitutional duty and properly fund education, Osmunson said.

Some of the problems in the district related to underfunding are unsanitary bathrooms, inadequate technology, dilapidated buildings and overcrowded classrooms.

State officials have pointed the finger back at Bonner County, noting residents don’t pass school levies like voters in other school districts. Until residents are willing to pay their share for educational needs, they shouldn’t have their hand out for state help, Gilmore said.

A key argument by Osmunson is lawmakers have purposely made it difficult for residents to sue the state over educational issues.

The Constitutional Education Claims Act sets up a complicated process where residents first must sue their local district over funding. The district then may be forced to spend its money only on state and federally mandated programs. If that doesn’t bolster the school budget a judge could order a school levy be imposed on residents. The last resort is suing the state.

Osmunson wants the act declared unconstitutional. “It’s not a too-well concealed attempt to prevent students, school board members and administrators from having access to the courts,” Huntley said. “Lawmakers are saying we can force you through a lot of delays and expense before we can be brought to task.”

The act is not unconstitutional, Gilmore said. The district simply doesn’t like the procedure that makes local school districts try to solve their own problems. All of Idaho’s taxpayers should not have to subsidize Bonner County schools because patrons in the district won’t pass levies.

“The hoops they have to go through are all very sensible,” Gilmore said.

“State funds are not something that magically appear in the state coffers.”

, DataTimes