Idaho Schools for Equal Educational Opportunity v. Evans

850 P.2d 724, 123 Idaho 573, 1993 Ida. LEXIS 81
CourtIdaho Supreme Court
DecidedMarch 18, 1993
Docket19875, 19922 and 19923
StatusPublished
Cited by98 cases

This text of 850 P.2d 724 (Idaho Schools for Equal Educational Opportunity v. Evans) 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
Idaho Schools for Equal Educational Opportunity v. Evans, 850 P.2d 724, 123 Idaho 573, 1993 Ida. LEXIS 81 (Idaho 1993).

Opinions

BISTLINE, Justice.

Article 9, § 1 of the state constitution (“the education clause”) provides: The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools.

Article 1, § 2 of the state constitution provides in part:

All political power is inherent in the people. Government is instituted for their equal protection and benefit____

The plaintiffs in these consolidated cases allege that the current method of funding the public schools does not provide either a “uniform” system or a “thorough” system and, further, violates the equal protection clause.

BACKGROUND

Public schools in Idaho are funded by a combination of local, state, and federal funds. The State partially or totally reimburses the districts for certain expenses (80% of costs of exceptional education personnel; 85% of transportation costs; and 100% of teacher retirement benefits, Social Security, and unemployment insurance). Money is also received from the State Educational Support Program. This program is funded by state revenues, allocated by a “support unit” formula and based on average daily attendance in the district. Each school district’s portion is reduced by a projected “local contribution” equal to the money which would be collected by a .36% property tax levy by the school district. Because a school district with low assessed property value will collect less money than a district with high property values under the .36% formula, a low property value district contributes less money to the Educational Support Program fund than a high property value school district. The school district may also, with voter approval, raise more money through supplemental levies. Supplemental levies are used for both capital construction and day-to-day mainte[578]*578nance and operations. As will be discussed in greater detail below, chartered school districts have greater authority to levy money than do non-chartered districts. Finally, a relatively small amount of a school district’s budget comes from lottery proceeds and various federal programs.

The appellants in this case are the Idaho Schools for Equal Educational Opportunity (“ISEEO”), Blaine County School District (“Blaine”), and the Frazier group (“Frazier”). The respondents are the State of Idaho, by and through the Legislature and Governor (“State”), and the Boise City School District (“Boise”).

ISEEO filed a lawsuit in Latah County alleging that the current system of funding public schools is unconstitutional because it does not provide a thorough education in that necessary' resources are unavailable due to lack of money. The Frazier lawsuit was filed in Ada County, also alleging the funding system is not thorough. Frazier further alleged that the disparities in funding caused by the property-tax funded system results in a system that does not provide a uniform education and violates the equal protection clause. The ISEEO suit was moved to Ada County upon motion by the State. ISEEO and Blaine moved to intervene as party plaintiffs in the Frazier suit. Boise moved to intervene as a party defendant. These motions were granted. Eventually, the Frazier and ISEEO suits were consolidated.

The State and Boise moved to dismiss for failure of the plaintiffs to state a cause of action and for lack of standing. The district court granted the motion. All parties agree that the court, in its memorandum decision, held that: 1) the equal protection claims had been decided adversely to the plaintiffs in Thompson v. Engelking, 96 Idaho 793, 537 P.2d 635 (1975), and 2) the uniformity claims had also been decided adversely to the plaintiffs in Thompson. The parties disagree about how the district court resolved the thoroughness question. The defendants argue that the Court held that Thompson decided the merits of the question adversely to the plaintiffs. The plaintiffs argue that the court did not consider the merits of the thoroughness question and instead abstained from deciding the question. The court also held that the taxpayer/citizen plaintiffs did not have standing to sue but further held that the other plaintiffs did have standing.

On appeal, the appellants argue that the district court misread Thompson and that the taxpayer/citizens do have standing to sue. The respondents claim Thompson mandates the dismissal of all the appellants’ causes of action and that not only do the taxpayer/citizens lack standing but so do the other individuals and organizations involved in this suit.

STANDARD OF REVIEW

The standard for reviewing a dismissal for failure to state a cause of action pursuant to I.R.C.P. 12(b)(6) is the same as the standard upon the grant of a motion for summary judgment. The non-moving party is entitled to have all inferences from the record and pleadings viewed in his/her favor, and only then may the question be asked whether a claim for relief has been stated. Miles v. Idaho Power, 116 Idaho 635, 637, 778 P.2d 757, 759 (1989).

DISCUSSION

As noted above, this Court has previously considered a case similar to the one at bar. Thompson v. Engelking, 96 Idaho 793, 537 P.2d 635 (1975). The resolution of the issues on appeal largely depends on the effect of Thompson on this case.

In Thompson, the Court reviewed the decision of the Fourth Judicial District Court, the Honorable J. Ray Durtschi, presiding. Judge Durtschi determined that “the present system [of school funding], with its heavy reliance on the ad valorem property tax, violate[s] Art. 9, Sec. 1, of the Idaho Constitution by failing to provide the requisite ‘uniform system of public schools’ ” and ordered the defendants to restructure the school funding method. Thompson, 96 Idaho at 794, 537 P.2d at 636. Judge Durtschi, however, rejected the claim that the system violated the equal [579]*579protection clause. Thompson, 96 Idaho at 796, 537 P.2d at 638. On review, this Court reversed the order of the district court, finding that the system did not violate the education clause. The Court went on to hold that the funding system did not violate the state equal protection clause. Id.

For the reasons expressed below, we have concluded that Thompson and cases decided after Thompson mandate dismissal of the uniformity claim brought by the appellants and most of their equal protection claims but that they do not resolve the thoroughness claim, which was not litigated by the parties in Thompson. As to that issue, we have further concluded that the plaintiffs have alleged facts which, if proven at trial, would entitle them to relief. We also hold that the citizen/taxpayer plaintiffs do not have standing. Accordingly, we affirm the district court order in part, reverse it in part, and remand for further proceedings.

1. Thompson Held That the System of School Funding Does Not Violate the “Uniformity” Requirement of the Education Clause.

The appellants argue that Thompson v. Engelking

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Bluebook (online)
850 P.2d 724, 123 Idaho 573, 1993 Ida. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-schools-for-equal-educational-opportunity-v-evans-idaho-1993.