Law & Courts

Sauce for Gander: Districts Sue Court in Finance Dispute

By Mark Walsh — February 25, 2008 1 min read
  • Save to favorites
  • Print

It’s not unusual for school districts to band together to file an education finance lawsuit against their state government.

What is unusual—and may be unprecedented—is for districts to sue the members of their state’s supreme court in a school finance case. That’s happened in Idaho. And, to the surprise of observers, the school districts have the upper hand so far.

The Idaho Supreme Court ruled in 2005 that the state’s school finance system was unconstitutional. But some 15 districts that brought the suit soon complained that the court failed to require the state to come up with a remedy. (“Funding Advocates Accuse Idaho’s High Court Of ‘Cop-Out’,” Nov. 29, 2006.)

The districts sued the state high court justices in federal court.

See Also

See other stories on education issues in Idaho. See data on Idaho’s public school system.

On Feb. 7, U.S. District Judge B. Lynn Winmill of Boise rejected the supreme court justices’ motion to dismiss the federal suit. The justices on the five-member court had argued that only the U.S. Supreme Court may review the final ruling of a state’s highest court.

But Judge Winmill said that the situation was not a matter of the losing party seeking review of the state supreme court’s decision. The districts were the prevailing party, he said, and they “take issue with the apparent lack of remedy.”

The judge did appear to try to nudge the state high court to clarify matters on its own.

“An expedited order by the Idaho Supreme Court clarifying the posture of the state-court action may be all that is needed to facilitate a quick and inexpensive resolution of this case,” Judge Winmill said in his ruling.

Merlyn W. Clark, a Boise lawyer representing the state justices, told the Idaho Statesman newspaper that the federal judge hadn’t addressed the justices’ argument that he does not have jurisdiction.

Robert C. Huntley, a Boise lawyer representing the school districts, said in an interview that the federal judge wasn’t yet ordering the state high court to do anything.

“But he made it very clear that if we don’t get a remedy phase, that [the supreme court justices] are violating our 14th Amendment due process,” said Mr. Huntley, who himself served on the Idaho Supreme Court, from 1982 to 1989.

Related Tags:

A version of this article appeared in the February 27, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP