ISEEO v. STATE

No. 24445.

976 P.2d 913 (1998)

132 Idaho 559

IDAHO SCHOOLS FOR EQUAL EDUCATIONAL OPPORTUNITY, Moscow School District # 281, Lapwai School District # 341, Mullan School District # 392, Potlatch School District # 285, Whitepine Joint School District # 286, Kendrick Joint School District # 283, Cascade School District # 422, St. Maries Joint School District # 41, Orofino Joint School District # 171, Culdesac Joint School District # 342, Genesee Joint School District # 282, Highland-Craigmont Joint District # 305, American Falls School District # 381, Rockland School District # 382, Valley School District # 262, Challis Joint School District # 181, Horseshoe Bend School District # 73, Richfield School District # 316, Boundary County District # 101, Kamiah Joint District # 304, Wallace School District # 393, Nez Perce District # 302, Cottonwood District # 242, Midvale School District # 433, Post Falls School District # 272 and Bonner County School District # 82, Plaintiffs-Counterdefendants-Appellants-Cross Respondents, and Brian Silflow and Ganel Silflow, by and through their parents, Dale and Patti Silflow, husband and wife, Donald Paul Crea, by and through his father, Gary Crea, Andy Cook, by and through his father, Larry Prally, Tavia Gilbert, by and through her Parents, Terry and Carolyn Gilbert, Gregory Lamm, by and through his mother, Kathy Lamm, Sara Kae Gomez, by and through her parents, Kathleen and Jose Gomez, Dietrich Stella and Jennifer Stella, by and through their parents, Charles and Rebecca Stella, Gregory Daniels, by and through his mother, Nancy Daniels, Gina M. Decker, by and through her parents, Gene and Linda Decker, Jennifer A. Alder, by and through her parents, Max and Judy Alder, Angela F. Gerrard, by and through her parents, Roger and Rhoda Gerrard, Catherine A. Sporleder, by and through her mother, Joanne Sporleder, Morgan Rounds and Seth Rounds, by and through their parents, Ivan Rounds and Brenda Rounds, Kelli Longeteig, by and through her parents, Willfred Longeteig and Beverly Longeteig, Don Hoffer, by and through his mother, Kit Hoffer, Sarah Malloy, by and through her mother, Susie Malloy, Kory Turnbow, by and through his mother, Donagene Turnbow, Shawna Olsen, Shannon Olsen and Ryan Olsen, by and through their mother, Teresa Olsen, Krista Anne Goetz, by and through her father, Allan J. Goetz, Chad Knee, by and through his parents, Kelly and Karen Knee, on behalf of themselves and all other school people of the State of Idaho similarly situated, Plaintiffs-Appellants-Cross Respondents, v. The STATE of Idaho, Defendant-Counterclaimant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, November 1998 Term.

Rehearing Denied May 17, 1999.


Attorney(s) appearing for the Case

Huntley & Olsen, Boise, for appellants. Robert C. Huntley, Jr. argued.

Hon. Alan G. Lance, Attorney General; Michael S. Gilmore, Deputy Attorney General, Boise, for respondent. Michael S. Gilmore argued.


JOHNSON, Justice

This is a school funding case. We conclude that pursuant to Article IX, § 1 of the Idaho Constitution, which requires the Legislature to "establish and maintain a ... thorough system of public, free common schools," the Legislature must provide a means for school districts to fund facilities that provide a safe environment conducive to learning. Therefore, we vacate the summary judgment dismissing this claim and remand the case to the trial court...

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