A federal judge in Boise has thrown out a lawsuit brought by school districts against five Idaho Supreme Court Justices that accused them of failing to follow up on their ruling that the state’s school funding system is unconstitutional.
In his ruling, U.S. District Judge B. Lynn Winmill cited jurisdictional grounds, saying that federal courts have no authority to direct state courts or their judicial officers in the performance of their duties.
A group of school districts first sued the state over funding 17 years ago, with the case going to the Idaho Supreme Court five times. The high court eventually ruled the state’s funding system unconstitutional as it puts children in harm’s way by requiring them to attend classes in antiquated and unsafe buildings.
The court ordered the Legislature to fix the problem, but then took no further action and closed the case.
Lawmakers have made some changes in the funding system, but Idaho continues to rely almost entirely on local property taxes to fund school construction, and Idaho is the only state that requires a two-thirds majority vote to raise taxes in order to build or replace a school.
Attorneys for the schools say they may appeal or seek further court action.