Title 6, ACTIONS IN PARTICULAR CASES

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…

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…

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.

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…

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…

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…

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…

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…

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…

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 …

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…

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…