State Seeks New Chance To Fix Schools Delay Sought In Suit Over Construction Funding

State officials are trying to give the Legislature one more chance to fix Idaho’s deteriorating school buildings before a court steps in.

The Idaho attorney general’s office has filed a motion to delay a trial in a lawsuit against the state until after the 2000 legislative session. The lawsuit, filed by a group of school districts, says crumbling and overcrowded schools show the Legislature hasn’t fulfilled its constitutional duty to provide for education.

Although a lower court dismissed the suit, the state Supreme Court sent it back for a new trial.

The school districts want that trial to start in November. The state wants it pushed back until spring, after the Legislature has adjourned.

“There could be changes in the law,” said Michael S. Gilmore, deputy attorney general. “It would be a waste of judicial resources to be trying the case at a time the law might be changing.”

He added, “If the law changes, we may not need to try the case at all.”

Robert Huntley, attorney for the school districts, disagreed. “If we wait, the effect will be that we will really lose another year,” he said.

“We want it set before the Legislature comes to town, so the Legislature will have directions from the court as to what needs to be done.”

Huntley, a former state Supreme Court justice, noted that a 1993 state study showed a $700 million school construction backlog. But the Legislature took no action after receiving the study.

“They’ve had six sessions and done nothing. And the measures that were proposed during the last session were only minor Band-Aids,” Huntley said. “So we have no reason to believe that the Legislature will voluntarily do something.”

Fourth District Judge Deborah Bail will meet with the two sides on Wednesday to decide when the trial should be scheduled. She took over the case after Judge Daniel Eismann disqualified himself, saying he strongly disagreed with the Supreme Court’s ruling in the case.

Gilmore said there are two signs that the next legislative session could solve the problem:

HB 278, a measure that died in the House last year on a tied vote, will be introduced again. That controversial measure ordered school districts to spend all of the money they have available to fix health and safety problems in their buildings, and if that isn’t enough, to impose no-vote property tax increases.

Gov. Dirk Kempthorne has appointed a 25-member committee to analyze the school building problem and propose solutions to next year’s Legislature.

In his motion, Gilmore wrote that the state admits there are some school buildings that don’t meet standards. But that can be fixed without court orders, he argued.

Gilmore noted that an earlier version of the same lawsuit from the school districts prompted the Legislature to order large increases in state funding for teacher salaries and computers. Then, the courts tossed out that portion of the lawsuit.

“It is historical fact that the political system has responded,” he wrote.

Last year’s unsuccessful bill stopped short of funneling any state money into school buildings, which now are funded solely by local property taxpayers. Idaho is the toughest state in the nation in which to build a school, because it is the only state that both requires a two-thirds vote to pass a school bond, and requires local residents to pay the entire bill.

Gov. Dirk Kempthorne has called for lowering the two-thirds rule to 60 percent, provided the vote comes during a primary or general election. Legislators wouldn’t even consider that idea last year.

Kempthorne, a Republican, did win support from both the Republican-dominated Legislature and Democratic state schools Superintendent Marilyn Howard for a $200,000 update of the 1993 study. His 25-member committee plans to have an update completed by Sept. 30. Then, it’ll start discussing solutions.

“The governor feels strongly that we need to look at the facilities situation,” said Tom Morley, Kempthorne’s education adviser. “The ‘93 study was pretty much ignored. It’s been around for six years, and it just wasn’t able to generate any action on the part of the state.”

So far, the committee has discussed which data to collect, and is preparing to select a consultant to gather the information.

Headed by Boise plumbing contractor Milford Terrell, the group includes legislators, business men and women, educators and others. Some opposed last year’s bill; others backed it.

“We thought this was the best course to take…get a lot of the key players together and try to hash out some ideas,” Morley said. “It just makes sense.”

Howard, who serves on the panel, said, “I think it’s a good idea, because it’s keeping the discussion going.”

She called the group “a very businesslike, results-oriented committee.”

The large panel has some similarities to a group Howard’s predecessor, Anne Fox, put together to look for solutions to the state’s school building problems. But that group lacked both the funding and the spot high on the governor’s agenda.

Said Howard, “Because it’s coming out of this group, we know the message will be taken to the Legislature.”