Court upholds ruling dismissing Idaho from school fees suit

Posted at 12:04 PM, Apr 28, 2017
and last updated 2017-04-28 14:04:49-04

The Idaho Supreme Court says the state can't be named as a defendant in a lawsuit challenging the constitutionality of the fees many public schools charge for classes.

Former Nampa Schools Superintendent Russell Joki filed the lawsuit in 2012 against the state and school districts across Idaho, alleging that fees imposed for certain classes and supplies violate the constitutional promise of a free public education.

But a lower court dismissed the state as a defendant because Joki didn't first sue the individual districts and then seek permission from a judge to add the state to the case, as required by law.

The high court's ruling handed down Thursday upheld the lower court's decision.

The courts have agreed, however, that Idaho's Constitution does require free and uniform public schools.

Joki's case can continue against the districts.

(by Associated Press)