The complaint says school districts have been charging students unconstitutional fees, on the grounds of free public education and taking of private property.
BOISE -- A class action lawsuit was filed in federal court, urging Idaho school districts to stop charging students fees.
The suit lists every school district as defendants and every K-12 student and their parents or guardians as plaintiffs. The lawsuit claims their rights have been violated under the Idaho and U.S. Constitutions.
Former Idaho Supreme Court Justice Robert Huntley and attorney Jason Wood filed a class action complaint in late May, but it is not certified yet. The districts have been served, they say, and they are waiting for all of them to respond.
This class action complaint says school districts have been charging students unconstitutional fees, on the grounds of free public education and taking of private property.
"The hope of this lawsuit is if we get substantial judgment against these school districts, finally the school districts, patrons, the PTAs and parents and grandparents will come to the Legislature and say: Legislature, do your job," Robert Huntley said. "If we get a judgment against the school districts, I would think school districts would come to the Legislature and say 'pay up, reimburse us'."
The basic motivation of this lawsuit is this:
"The constitution provides that the Legislature shall provide free common public schools, which includes charter schools. And what's happened in Idaho is we've been underfunding very badly," Huntley told KTVB. "It's sophistry to say you're for education if you don't want to fund it."
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