Idaho State Statutes - Idaho Attorney Directory

When the district court has authorized the
plaintiffs to add the state or the legislature as defendants in a suit brought
under this chapter, if the legislature is not already party to the suit, the
legislature may move to reopen the proceedings to present evidence with regard
to the district court's findings that preceded the district court's
authorization to sue the state and/or the legislature, or it may stand on the
record and findings before the district court. Following any additional
evidence that may be offered after the state and/or the legislature is added
as a defendant, if the district court finds that:
(1) The local school district has not yet complied with its obligations
to provide constitutionally required educational services;
(2) The local school district does not offer educational or other
services not federally mandated or constitutionally required;
(3) The local school district does not offer the constitutionally
required educational services that it does offer in a manner that consumes
more of the local school district's resources than necessary to provide the
constitutionally required educational services that it does offer;
(4) The sum of the local school district's maintenance and operations
levy, supplemental maintenance and operations levy, emergency fund levy, and
educational necessity levy equal or exceed the comparison made in section
6-2210(1), Idaho Code; and
(5) The local school district does not have the resources to meet its
obligation to provide constitutionally required educational services;
the district court shall enter a declaratory judgment finding that the system
of public, free common schools established by law is unconstitutional as
applied to the patrons of that local school district. If the district court
cannot make all of these five (5) findings, it shall dismiss the complaint
against the state and/or the legislature, but retain jurisdiction over the
other defendants as necessary. The district court shall not issue any other
final judgments or orders against the state and/or the legislature except as
authorized by this section.

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