OPINION: What an Idaho school funding lawsuit might look like
It is not inevitable that the Idaho Legislature will invite a school funding lawsuit, but legislators appear at the present time to be heading toward provoking legal action. Three factors will play into a decision as to whether or not to sue the State for violating provisions of the Idaho Constitution: (1) whether the Legislature continues to disregard its constitutional duty to “maintain a general, uniform and thorough system of public, free common schools,” which means adequately funding the instructional side of the public school system; (2) whether the Legislature complies with the Idaho Supreme Court’s 2005 ruling that the State has the primary responsibility for building, equipping and maintaining school facilities; and (3) whether the Legislature violates Idaho’s strong prohibition against using taxpayer money to support religious schooling...
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