Title 6 — ACTIONS IN PARTICULAR CASES
37 chapters · 341 sections in this title.
Idaho Code § 6-2201 Short title
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6-2201. Short title. This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act."
Idaho Code § 6-2202 Purpose of chapter — Definition of constitutionally based educational claim
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6-2202. Purpose of chapter — Definition of constitutionally based educational claim. Section 1, article IX, of the constitution of the state of Idaho provides: "The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the …
Idaho Code § 6-2203 System established under section 1, article IX
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6-2203. System established under section 1, article IX. The legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services are designed to establis…
Idaho Code § 6-2204 Responsibility for providing educational services required by the constitution
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6-2204. Responsibility for providing educational services required by the constitution. The legislature has established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby decla…
Idaho Code § 6-2205 Right of action — Standing to sue
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6-2205. Right of action — Standing to sue. (1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue an…
Idaho Code § 6-2206 Patron complaints to be forwarded to attorney general
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6-2206. Patron complaints to be forwarded to attorney general. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of pub…
Idaho Code § 6-2207 Bench trial
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6-2207. Bench trial. When a complaint is filed against a school district pursuant to this chapter, trial shall be before the district court sitting without a jury.
Idaho Code § 6-2208 District court findings
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6-2208. District court findings. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant local school district is providing all constitutionally required educational services. If the district court shall find t…
Idaho Code § 6-2209 Remedies in suit against district — Continuing jurisdiction
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6-2209. Remedies in suit against district — Continuing jurisdiction. (1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutiona…
Idaho Code § 6-2210 Further inquiry about tax levies — Orders
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6-2210. Further inquiry about tax levies — Orders. (1) If the district court finds: (a) That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or (b) That if the loca…
Idaho Code § 6-2211 District court’s continuing jurisdiction
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6-2211. District court’s continuing jurisdiction. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has c…
Idaho Code § 6-2212 State supervision
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6-2212. State supervision. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is en…
Idaho Code § 6-2213 Suit against state
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6-2213. Suit against state. 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 pre…
Idaho Code § 6-2214 Educational necessity levy
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6-2214. Educational necessity levy. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction …
Idaho Code § 6-2215 Effect on pending lawsuits
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6-2215. Effect on pending lawsuits. (1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsui…
Idaho Code § 6-2216 Severability
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6-2216. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remai…