Epeldi v. Engelking

488 P.2d 860, 94 Idaho 390, 1971 Ida. LEXIS 348
CourtIdaho Supreme Court
DecidedSeptember 1, 1971
Docket10796
StatusPublished
Cited by21 cases

This text of 488 P.2d 860 (Epeldi v. Engelking) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Epeldi v. Engelking, 488 P.2d 860, 94 Idaho 390, 1971 Ida. LEXIS 348 (Idaho 1971).

Opinions

McFADDEN, Justice.

The plaintiffs (respondents on this appeal) instituted this class action on their own be half and on behalf of all parents of school children and the children themselves attending parochial schools in Idaho. [391]*391By this action the plaintiffs seek a declaratory judgment that allocation hy defendants (appellants herein) of state funds to the several school districts pursuant to I.C. § 33-1501 as amended, S.L.1970, Ch. 91, § l,1 for the purpose of transportation of the parochial students is constitutional.

The defendants, the State Superintendent of Public Instruction and the members of the State Board of Education, admitted most of the factual allegations of the plaintiffs’ complaint, and the cause was submitted to the trial court on a stipulated set of facts. The trial court rendered a memorandum opinion, findings of fact and conclusions of law, upholding the constitutionality of the statute in question, and entered judgment accordingly. This appeal followed.

It was stipulated, and the trial court found, that the appellants have indicated by letter their intent to refuse to allocate moneys for the foundation program of the local school districts to be used to transport children to parochial schools; that there are approximately 5,000 students attending parochial schools throughout the state with about 1,000 students qualifying’ to be counted in the transportation formula calculations; that I.C. § 33-1501 as amended, permitted the transportation of students to private schools and that the State Board of Education has refused to spend tax moneys for this purpose by reason that such expenditures are contrary to Idaho Const, art. 9, § 5; that many of the students attending parochial schools are riding school buses furnished by the parents of the children, which buses are inferior in condition and maintenance to the school district buses; that many of the children not riding buses to the parochial schools must seek their own methods of transportation, or walk long distances to school upon roads not having sidewalks, or are required to ride bicycles on crowded streets. It was further stipulated that all of the parochial schools are duly certified [392]*392and inspected as accredited schools in the State of Idaho and all of the teachers teaching in the schools are certified and accredited by the State of Idaho; that all of the schools derive their support from the parishes in which they are located and any tuition paid by the child is incidental.

The appellants assert the trial court was in error in concluding and holding that the allocation of state tax money to meet extra costs incurred for the transportation of children attending schools operated by religious organizations does not violate the provisions of art. 9, § 5, of the Idaho Constitution.2 Correlative to that assertion, the appellants further argue that the trial court erred in holding that the various school districts in the state and appellants herein may expend tax money for the transportation of children attending parochial schools.

The trial court primarily relied on two decisions of the United States Supreme Court in arriving at its conclusion that this particular statute did not contravene the provisions of art. 9, § 5. From School Dist. of Abington Township, Pa. v. Schempp, 374 U.S. 203 at 222, 83 S.Ct. 1560 at 1571, 10 L.Ed.2d 844 at 858 (1963), the trial court quoted in its memorandum decision:

“ * * * The test may be stated as follows: what are the purpose and the primary effect of the enactment? If either is the advancement or inhibition of religion then the enactment exceeds the scope of legislative power as circumscribed by the Constitution. That is to say that to withstand the strictures of the Establishment Clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion.”

The trial court further quoted the following language from Board of Education of Central School Dist. No. 1 v. Allen, 392 U.S. 236 at 242, 88 S.Ct. 1923 at 1926, 20 L.Ed.2d 1060 at 1065 (1968):

“ * * * The statute was held to be valid even though one of its results was that ‘children are helped to get to church schools’ and ‘some of the children might not be sent to the church schools if the parents were compelled to pay their children’s bus fares out of their own pockets.’ [Citation.] As with public provision of police and fire protection, sewage facilities, and streets and sidewalks, payment of bus fares was of some value to the religious school, but was nevertheless not such support of a religious institution as to be a prohibited establishment of religion within the meaning of the First Amendment.” (Referring to Everson v. Board of Education, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1947), discussed infra).

Applying the tests of these two opinions, the trial court reasoned that

“[a] reading of the statute, as amended, clearly indicates that the purpose of the statute is a secular legislative purpose, that is, to provide all children in the state with the same right of bus service to the school of their choice. The bus service will be controlled by the public school district. The money will be expended by them. Thus it appears that the sole purpose of the legislation is to provide fair and adequate means of transportation for all children of the state whether they attend public or pri[393]*393vate schools, and the benefits, if any, to the private schools are incidental.”

The trial court related these opinions of the United States Supreme Court to the issue presented by the statute in question when considered in light of Idaho Const, art. 9, § 5, and determined that under the tests of those cases, the statute did not contravene the prohibitions of the Idaho Constitution.

It is appellants’ position that the Idaho constitutional provision is more restrictive than the First Amendment of the United States Constitution3 and that the trial court improperly relied on the tests set forth in School Dist. v. Schempp and in Board of Education v. Allen, both supra. In support of this position, the appellants rely on a line of authorities exemplified by Matthews v. Quinton, 362 P.2d 932 (Alaska 1961); Visser v. Nooksack Valley School Dist. No. 506, 33 Wash.2d 699, 207 P.2d 198 (1949); and Judd v. Board of Education, 278 N.Y. 200, 15 N.E.2d 576, 118 A.L.R. 789 (1938).4

In Matthews v. Quinton, supra, the Supreme Court of Alaska was concerned with validity of a statute authorizing transportation of students attending non-public schools in light of its constitutional prohibition that “[n]o money shall be paid from public funds for the direct benefit of any religious or other private educational institution.” Alaska Const, art. VII, § 1. That court held that the furnishing of transportation to students attending nonpublic schools at public expense was a direct benefit to the school and the statute unconstitutional. Therein that court relied on the dissent of Justice Rutledge in Everson v.

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Epeldi v. Engelking
488 P.2d 860 (Idaho Supreme Court, 1971)

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Bluebook (online)
488 P.2d 860, 94 Idaho 390, 1971 Ida. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epeldi-v-engelking-idaho-1971.