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
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.
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
Professional Development Webinar
Evidence & Impact: Maximizing ROI in Professional Learning
  Is your professional learning driving real impact? Learn data-driven strategies to design effective PL.
Content provided by New Teacher Center

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 Judge Casts Doubt on Trump’s Authority to Gut Education Dept. Staff
Twenty-one states and a coalition of unions and school districts are challenging the president's dismantling of the Education Department.
3 min read
The U.S. Department of Education in Washington pictured on Friday, March 28, 2025, during a rally to support departing employees.
The U.S. Department of Education in Washington pictured on Friday, March 28, 2025, during a rally to support departing employees. A federal judge on Friday questioned the Trump administration's arguments in favor of dismantling the federal agency.
Moriah Ratner for Education Week
Law & Courts Supreme Court to Weigh Discrimination Standard for Some Special Education Cases
The U.S. Supreme Court will consider what legal standard must be met for proving discrimination against students with disabilities.
9 min read
The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024.
The U.S. Supreme Court as seen on Dec. 17, 2024. The court will hear arguments on April 28 in a case about the legal standard for discrimination for two federal disability-rights laws and how they play out in schools.
J. Scott Applewhite/AP
Law & Courts Trump Can't Enforce Anti-DEI Directives in Schools, 3 Judges Say
Three judges, including two Trump appointees, said the administration had overstepped its authority in its efforts to rid schools of DEI.
7 min read
Sarah Hinger (center), deputy director of the ACLU Racial Justice Program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025.
Sarah Hinger (center), deputy director of the ACLU racial justice program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025. Two federal judges on Thursday issued orders limiting the Trump administration's ability to enforce its anti-DEI directives to schools and colleges.
Courtesy of Ethan DeWitt/New Hampshire Bulletin
Law & Courts Supreme Court Leans Toward Parents on Opt-Outs for LGBTQ+ Lessons
The U.S. Supreme Court took up a case on whether religious parents may remove their children from public school lessons on LGBTQ+ topics.
6 min read
A selection of books featuring LGBTQ characters that are part of a Supreme Court case are pictured, Tuesday, April, 15, 2025, in Washington.
A selection of books featuring LGBTQ+ characters that are part of a U.S. Supreme Court case are pictured on April, 15, 2025, in Washington.
Pablo Martinez Monsivais/AP