Law & Courts

Sauce for Gander: Districts Sue Court in Finance Dispute

By Mark Walsh — February 25, 2008 1 min read
  • Save to favorites
  • Print

It’s not unusual for school districts to band together to file an education finance lawsuit against their state government.

What is unusual—and may be unprecedented—is for districts to sue the members of their state’s supreme court in a school finance case. That’s happened in Idaho. And, to the surprise of observers, the school districts have the upper hand so far.

The Idaho Supreme Court ruled in 2005 that the state’s school finance system was unconstitutional. But some 15 districts that brought the suit soon complained that the court failed to require the state to come up with a remedy. (“Funding Advocates Accuse Idaho’s High Court Of ‘Cop-Out’,” Nov. 29, 2006.)

The districts sued the state high court justices in federal court.

See Also

See other stories on education issues in Idaho. See data on Idaho’s public school system.

On Feb. 7, U.S. District Judge B. Lynn Winmill of Boise rejected the supreme court justices’ motion to dismiss the federal suit. The justices on the five-member court had argued that only the U.S. Supreme Court may review the final ruling of a state’s highest court.

But Judge Winmill said that the situation was not a matter of the losing party seeking review of the state supreme court’s decision. The districts were the prevailing party, he said, and they “take issue with the apparent lack of remedy.”

The judge did appear to try to nudge the state high court to clarify matters on its own.

“An expedited order by the Idaho Supreme Court clarifying the posture of the state-court action may be all that is needed to facilitate a quick and inexpensive resolution of this case,” Judge Winmill said in his ruling.

Merlyn W. Clark, a Boise lawyer representing the state justices, told the Idaho Statesman newspaper that the federal judge hadn’t addressed the justices’ argument that he does not have jurisdiction.

Robert C. Huntley, a Boise lawyer representing the school districts, said in an interview that the federal judge wasn’t yet ordering the state high court to do anything.

“But he made it very clear that if we don’t get a remedy phase, that [the supreme court justices] are violating our 14th Amendment due process,” said Mr. Huntley, who himself served on the Idaho Supreme Court, from 1982 to 1989.

Related Tags:

A version of this article appeared in the February 27, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Attend to the Whole Child: Non-Academic Factors within MTSS
Learn strategies for proactively identifying and addressing non-academic barriers to student success within an MTSS framework.
Content provided by Renaissance
Classroom Technology K-12 Essentials Forum How to Teach Digital & Media Literacy in the Age of AI
Join this free event to dig into crucial questions about how to help students build a foundation of digital literacy.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Biden Admin. Asks Supreme Court to Allow Part of Title IX Rule to Take Effect
The solicitor general asks that most of new Title IX rule be allowed to go into effect, even as gender-identity provisions remain blocked
3 min read
The Supreme Court building is seen on Friday, June 28, 2024, in Washington.
The Supreme Court building is seen on Friday, June 28, 2024, in Washington. The Biden administration on July 22 asked the justices to allow parts of the new Title IX regulation to go into effect even as provisions on gender identity remain blocked.
Mark Schiefelbein/AP
Law & Courts Two Appeals Courts Won’t Block Injunctions Against Biden's Title IX Rule
As the Aug. 1 date approaches for the broad new regulation to take effect, courts have blocked it in much of the country.
4 min read
Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan.
Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan. Two federal appeals courts have denied requests by the Biden administration to put aside injunctions blocking a new Title IX regulation that includes protections for transgender students.
John Hanna/AP
Law & Courts Letter to the Editor Religion in the Classroom May Be Legal, But Is It Just?
A teacher responds to Louisiana's Ten Commandments law.
1 min read
Education Week opinion letters submissions
Gwen Keraval for Education Week
Law & Courts Posting Ten Commandments in Schools Was Struck Down in 1980. Could That Change?
In 1980, the justices invalidated a Kentucky law, similar to the new Louisiana measure, requiring classroom displays of the Decalogue.
13 min read
Louisiana Gov. Jeff Landry signs bills related to his education plan on June 19, 2024, at Our Lady of Fatima Catholic School in Lafayette, La. Louisiana has become the first state to require that the Ten Commandments be displayed in every public school classroom, the latest move from a GOP-dominated Legislature pushing a conservative agenda under a new governor.
Louisiana Gov. Jeff Landry, a Republican, signs bills related to his education plan on June 19, 2024, at Our Lady of Fatima Catholic School in Lafayette, La. One of those new laws requires that the Ten Commandments be displayed in every public school classroom, but the law is similar to one from Kentucky that the U.S. Supreme Court struck down in 1980.
Brad Bowie/The Times-Picayune/The New Orleans Advocate via AP