ISEEO v. IDAHO STATE BD. OF EDUC.

No. 21818.

912 P.2d 644 (1996)

128 Idaho 276

IDAHO SCHOOLS FOR EQUAL EDUCATIONAL OPPORTUNITY, an unincorporated association of superintendents of schools, By and Through John J. EIKUM, Roger Swanson, Richard Peters, L. Eldon Taylor and Donald Armstrong; Brian Silflow and Ganel Silflow, by and through their parents Dale and Patti Silflow, husband and wife; Donald Paul Crea, by and through his father Gary Crea; Andy Cook, by and through his father Larry Prally; Tavia Gilbert, by and through her parents Terry and Carolyn Gilbert; Gregory Lamm, by and through his mother Kathy Lamm; Sara Kae Gomez, by and through her parents Kathleen and Jose Gomez; Dietrich Stella and Jennifer Stella, by and through their parents Charles and Rebecca Stella; Gregory Daniels, by and through his mother Nancy Daniels; Gina M. Decker, by and through her parents Gene and Linda Decker; Jennifer A. Alder, by and through her parents Max and Judy Alder; Angela F. Gerrard, by and through her parents Roger and Rhoda Gerrard; Catherine A. Sporleder, by and through her mother Joanne Sporleder; Morgan Rounds and Seth Rounds, by and through their parents Ivan Rounds and Brenda Rounds; Kelli Longeteig, by and through her parents Willfred Longeteig and Beverly Longeteig; Don Hoffer, by and through his mother Kit Hoffer; Sarah Malloy, by and through her mother Susie Malloy; Kory Turnbow, by and through his mother Donagene Turnbow; Shawna Olsen, Shannon Olsen, and Ryan Olsen, by and through their mother Teresa Olsen; on behalf of themselves and all other school people of the State of Idaho similarly situated, Plaintiffs-Appellants, and Moscow School District # 281; Lapwai School District # 341; Mullan School District # 392; Potlatch School District # 285; Whitepine Jt. School District # 286; Kendrick Jt. School District # 283; Kootenai School District # 274; Cascade School District # 422; St. Maries Jt. School District # 41; Orofino Jt. School District # 171; Culdesac Jt. School District # 342; Genesee Jt. School District # 282; Highland-Craigmont Jt. School District # 305; Bruneau-Grandview Jt. School District # 365; Dietrich School District # 314; American Falls School District # 381; Rockland School District # 382; Valley School District # 262; Challis Jt. 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; Kellogg Jt. School District # 391; Boundary County School District # 101; Kamiah Jt. School District # 304; Lakeland School District # 272; Lewiston Independent School District # 340; Wallace School District # 393, Plaintiffs-Counterdefendants-Appellants, and Jerry L. Evans, in his capacity as Idaho State Superintendent of Public Instruction; Phil Batt, in his capacity as Governor of the State of Idaho, Plaintiffs-Respondents, and 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; and 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, Plaintiffs-in-intervention-Respondents, and Blaine County School District # 61; Independent School District of Boise City, Plaintiffs-in-intervention-Counterdefendants-Respondents, v. The IDAHO STATE BOARD OF EDUCATION, by and through Roy E. MOSSMAN, Roberta Fields, Diane Bilyeu, Curtis H. Eaton, Joseph Parkinson, Karl Shurtliff, Keith Hinckley, and Jerry L. Evans, as members of the Idaho State Board of Education, Defendants-Respondents, and The Legislature of the State of Idaho, by and through Jerry Twiggs as President Pro Tempore of the Senate and Michael Simpson as Speaker of the House, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, September 1995 Term.

March 7, 1996.


Attorney(s) appearing for the Case

Givens Pursley & Huntley, Boise, for Appellants. Robert C. Huntley argued.

Alan G. Lance, Attorney General; Michael S. Gilmore, Deputy Attorney General, Boise, for Respondents. Michael S. Gilmore argued.


SILAK, Justice.

This is the second appeal in the appellants' suit for declaratory and injunctive relief against the method and level of funding of public education in Idaho. The first appeal, Idaho Schools for Equal Educational Opportunity v. Evans, 123 Idaho 573, 850 P.2d 724 (1993) (ISEEO I), resulted in a remand of the case to the district...

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