IDAHO SCHOOLS FOR EQUAL EDUC. OPPORTUNITY v. EVANS

Nos. 19875, 19922 and 19923.

850 P.2d 724 (1993)

123 Idaho 573

IDAHO SCHOOLS FOR EQUAL EDUCATIONAL OPPORTUNITY, an unincorporated association of superintendents of schools; Moscow School District # 281; Cambridge School District # 432-J; Lapwai School District # 341; Mullan School District # 392; Potlatch School District # 285; Whitepine School District # 284; Kendrick Joint School District # 283; Kootenai School District # 274; Cascade School District # 422; St. Marries Joint School District # 41; Orofino Joint School District # 171; Grangeville Jt. School district # 241; Culdesac Joint School District # 342; Genesee Joint School District # 282; Highland-Craigmont Jt. Sch. Dist. # 305; Bruneau-Grandview Jt. Sch. Dist. # 365; Dietrich School District # 314; American Falls School District # 381; Rockland School District # 382; Valley School District # 262; Challis Joint School District # 181; Horseshoe Bend School District # 73; West Jefferson School District # 253; Council School District # 13; Midvale School District # 433; Garden Valley School District # 71; Richfield School District # 316; Cottonwood Joint School Dist. # 242; Brian Silflow and Gavel Silflow, by and through their parents, Dale and Patti Silflow, husband and wife; Donald Paul Crea, by and through his father, Gary Crea; Nathan Noah, Holly Noah and Jessie Noah, by and through their parents Kate and Randy Noah, husband and wife; Andy Cook, by and through his father Larry Prally; on behalf of themselves and all other school people of the state of Idaho similarly situated; and Harry E. Davey, William H. Jones, Gainford Mix, Bob Clyde, Werner Branner and Gary Crea, citizens and taxpayers, Plaintiffs-Appellants, and Idaho Education Association, Plaintiff-in-Intervention-Respondent, v. Jerry L. EVANS, in his capacity as the Idaho State Superintendent of Public Instruction & as an ex officio member of the Idaho State Board of Education; Cecil D. Andrus, in his capacity as Governor of the state of Idaho; the Legislature of the state of Idaho, by and through Michael P. Crapo as President Pro Tempore of the Senate and Tom Boyd as Speaker of the House; the Idaho State Board of Education, by and through Gary Fay, Roberta Fields, Diane Bilyeu, Coleen Mahoney, Ray Cox, Karl Shurtliff, and Keith Hinckley, as members of the Idaho State Board of Education, Defendants-Respondents. Jonathan FRAZIER, Rebecca Frazier, Jennifer Frazier, and Robert Frazier, minors, by their next friends, John and Robin Frazier; Amy Clayton, Matt Clayton, Anna Clayton, and Kevin Clayton, minors, by their next friends Larry and Bonnie Clayton; Jacob Putnam, Andrew Putnam, Amy Putnam, Leah Putnam, Melissa Putnam, and Matthew Putnam, minors, by their next friends Lawrence and Janet Putnam; Kyle Kinghorn, Matt Kinghorn, Layne Kinghorn, Janeen Kinghorn, Karen Kinghorn and Michael Kinghorn, minors by their next friends Brent and Donna Jean Kinghorn; Ada County Jt. School Dist. # 2; Bannock County School Dist. # 25; Snake River School Dist. # 52; Blackfoot School District # 55; Shelley Joint School District # 60; Bonneville Joint School District # 93; Nampa School District # 131; Caldwell School District # 132; Middleton School District # 134; Preston Joint School District # 201; Emmett Joint School District # 221; Jefferson County Joint School # 251; Jerome Joint School District # 261; Post Falls School District # 273; Madison School District # 321; Sugar Salem Jt. School District # 322; Minidoka County Jt. School Dist. # 331; Twin Falls School District # 411; and Buhl Joint School District # 412, Plaintiffs-Respondents, and Blaine County School District # 61; Danielle Luber, Kristin Luber and Sarah Luber, by and through their parents, Stephen and Lorie Luber; John Reese and Ellen Reese, by and through their parents, Ron and Susie Reese; Heidi Poehling, Molly Poehling and Amy Poehling, by and through their parents Mike and Sharon Poehling; Brady Roark, Jennifer Roark and Hailey Roark, by and through their parents, Keith and Laurie Roark; Kimberly Mecham, Camille Mecham, Aubree Mecham and Morgan Mecham, by and through their parents Milo and Diane Mecham; Thomas Ryan Healy, by and through his mother Christina Van Beuren, on behalf of themselves and all other school children residing in and attending school in Blaine County; and Stephen Luber, Lorie Luber, Ron Reese, Susie Reese, Mike Poehling, Sharon Poehling, Keith Roark, Laurie Roark, Milo Mecham, Diane Mecham, and Christina Van Beuren, citizens and taxpayers, Plaintiffs-Intervenors-Respondents, v. The IDAHO STATE BOARD OF EDUCATION; Jerry L. Evans, in his capacity as Idaho State Superintendent of Public Instruction and as an ex-officio member of the Idaho State Board of Education; and the State of Idaho, Defendants-Respondents, and Idaho Schools for Equal Educational Opportunity, et als., (See Title Above for et als.), Defendants-in-Intervention-Cross Complainants-Third-Party Plaintiffs-Appellants, and Independent School District of Boise City, Defendant-in-Intervention-Respondent. IDAHO SCHOOLS FOR EQUAL EDUC. OPPORTUNITY, et al., Plaintiffs-Respondents, and Idaho Education Association, Plaintiff-in-Intervention-Respondent, v. Jerry L. EVANS, et al., Defendants-Respondents. Jonathan FRAZIER, et al., Plaintiffs-Respondents, and Blaine County School District # 61, et al., Plaintiffs-Intervenors-Appellants, v. The IDAHO STATE BOARD OF EDUCATION, et al., Defendants-Respondents, and Idaho Schools for Equal Educ. Opportunity, et al., Defendants-in-Intervention-Cross Complainants-Third-Party Plaintiffs-Respondents, and Independent School District of Boise City, Defendant-in-Intervention-Respondent.

Supreme Court of Idaho, Boise, September 1992 Term.

Rehearing Denied May 6, 1993.


Attorney(s) appearing for the Case

Givens, Pursley, Webb & Huntley, Boise, for Idaho Schools for Equal Educational Opportunity. Robert C. Huntley, Jr., argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondents Frazier, et al. Merlyn W. Clark, argued.

Hawley, Troxell, Ennis & Hawley, Ketchum, for Blaine County, et al. Rand L. Peebles, argued.

Larry EchoHawk, Atty. Gen., and William A. Von Tagen, Deputy Atty. Gen., Boise, for respondents Governor Andrus and the Idaho Legislature. William A. Von Tagen, argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondent Boise City. Tyra H. Stubbs, argued.


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...

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