Suits, courts challenge school funding system
Time and again, Idaho courts have ruled lawmakers are failing in their duties to meet the constitutional requirements for education.
Beginning in 1990, a group of school district superintendents and parents calling itself Idaho Schools for Equal Educational Opportunity sued the state. The group alleged "the present level and method of funding for Idaho's public schools is unconstitutional."
That 1990 complaint has been appealed to the Supreme Court at least five times, according to a 2005 opinion issued by the state's high court.
In the first appeal, the Idaho Supreme Court ruled it is the judicial branch's responsibility to define what a "thorough system of public, free schools" means. The Legislature responded by making several changes, including increasing spending.
The following is a summary of rulings, based on court records and the Idaho Office of Performance Evaluations
* 2001 - A District Court ruled the school funding system was constitutionally deficient in its ability to repair or replace dangerous or unsafe conditions in school buildings.
* 2003 - A District Court ruled that House Bill 403, which restricts lawsuits relating to school funding, was unconstitutional. The Idaho Supreme Court agreed.
* 2005 - Idaho Supreme Court justices affirmed a District Court ruling that "the current school funding system is simply not sufficient to carry out the Legislature's duty under the Constitution."
* 2005 - Idaho Supreme Court justices listed examples of what other states have done to correct funding problems, but judges didn't set a deadline for the Legislature to make changes.
* 2006 - Although Idaho Supreme Court justices signaled they would retain jurisdiction in the case, they released jurisdiction. The case was closed as of Nov. 30, 2006, according to the Idaho Supreme Court Data Repository.
Closing the case in 2006 didn't kill the issue, however.
On Oct. 1, University of Idaho professor Russell Joki sued the state and its school districts in Ada County, alleging fees charged violated the constitutional requirement of free public schools, according to the Associated Press.
Joki has served as superintendent of school districts in Idaho and Oregon for more than 20 years, according to his online biography posted by the university. He also has coached and served as a school district business director.
District Judge Richard Greenwood is expected to hear arguments on the Joki case on Jan. 10 in Ada County, according to the Idaho Supreme Court Data Repository.
David Adler, director of Boise State University's Andrus Center for Public Policy, agrees lawmakers don't meet the constitutional standard.
Adler argues that lawmakers' budget cuts have forced taxpayers in school districts to make up for the difference. That shift has created what Adler described as "a caste system" where students from wealthier districts enjoy better programs, facilities, teachers and materials and students in poorer districts are left behind.
Adler also said it's no excuse for lawmakers to say they are trying their best in tough economic times.
"It's not enough to say 'we're doing our best' or 'we'll try harder,'" Adler said. "The fact is you have to live up to the standard. If they are not prepared to make the hard decisions necessary to achieve that constitutional provision, people should start to wonder why they chose to run for office in the first place."