Idaho school fee suit to receive a motion hearing in January


Sen. Bob Nonini, R-Coeur d'Alene, says the Legislature may have to intervene on behalf of businesses that feel their property rights are threatened by local ordinances.

A suit filed by a former Nampa school superintendent challenging the validity of charging fees for some K-12 activities will receive a motion hearing in early January, according to an Associated Press story in the Idaho Statesman.

Russ Joki says a court decision nearly 10 years ago found that the state was not adequately funding K-12 education, thus the imposition of fees in lieu of adequate funding is not constitutional in that the state is required to provide an equal, free public education for Idaho students.

Joki is represented by Robert Huntley, a former Idaho Supreme Court justice. The state is represented by the Idaho attorney general’s office. Both sides have asked the court for a summary judgment–Joki for the court to rule in his favor, the AG’s office asks that the suit be thrown out.

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