State asks judge to toss Oneida’s school funding lawsuit

Kevin Richert, IdahoEdNews.org

MALAD (IdahoEdNews.org)– The authorities wants a judge to propulsion retired a $7.7 cardinal suit from an eastbound Idaho schoolhouse district.

But Oneida School District Superintendent Jon Abrams accused Attorney General Raúl Labrador’s agency of engaging successful “delay, perfunctory and inaction” that could costs nan territory nan $7.7 million.

The ineligible jockeying comes a period aft Oneida sued nan state, demanding money to thief offset nan costs of a $29 cardinal enslaved rumor for a caller simple school. School officials opportunity nan territory expected to person $7.7 cardinal from nan authorities to offset immoderate of nan costs of nan bond, which voters approved successful 2023. District officials opportunity wording successful a 2024 schoolhouse accommodation rule puts nan authorities backing successful jeopardy.

Oneida revenge its suit connected July 17. Here’s a rundown of nan caller tribunal filings — and a look astatine what’s connected nan docket.

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The authorities wants nan judge to propulsion retired nan lawsuit. On Aug. 9, Labrador’s agency revenge a mobility to disregard nan complaint.

The Idaho Department of Education, nan suspect successful nan lawsuit, enjoys “sovereign immunity” and cannot beryllium sued, lawman lawyer wide Rafael Droz says successful his motion. Droz besides argues that Oneida’s suit is premature, since nary of nan state’s payments are owed until Aug. 31.

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“There are nary allegations that immoderate of these payments will not beryllium made and truthful location is nary lawsuit aliases controversy,” Droz wrote.

Ada County District Judge Jason Scott will perceive nan mobility to disregard connected Sept. 5.

The Legislature wants a spot astatine nan table. The Legislature has hired a Boise rule patient to reason connected its behalf — and record a mobility to intervene successful nan case.

“The Legislature has ‘absolute control’ complete authorities finances, isolated from arsenic constricted by nan Constitution,” said Preston Carter, 1 of nan Legislature’s lawyers, successful an Aug. 13 motion.  “Accordingly, nan Legislature has established a broad statutory strategy for backing schoolhouse districts.”

Carter said nan Legislature would broadside pinch Labrador’s agency — and activity dismissal of nan lawsuit.

Carter asked Scott to norm by Thursday connected nan mobility to intervene. Labrador’s agency and nan Oneida territory some said they do not reason nan Legislature’s motion.

Oneida wants nan $7.7 cardinal group aside. Oneida officials want nan Department of Education to beryllium connected nan $7.7 cardinal until nan suit is settled. In a petition for an injunction, revenge Wednesday, nan territory said it would suffer “irreparable harm” if nan authorities spends nan money elsewhere.

The $7.7 cardinal sits successful a fund, created by nan 2023 Legislature, designed to supply schools pinch money to offset spot taxation collections. The Department of Education is expected to parcel retired nan $203 cardinal money connected Aug. 31, and Oneida has said it wanted its suit resolved by past — and earlier its stock of nan money could spell elsewhere.

District officials opportunity they person been talking to Education Department officials, including authorities superintendent Debbie Critchfield, successful hopes of resolving nan matter by Aug. 31. In a tribunal connection revenge Wednesday, Abrams said Labrador’s agency has undermined this process. And this “delay, perfunctory and inaction” underscores nan request to group nan money aside, Abrams said.

Scott is scheduled to perceive nan mobility for an injunction connected Aug. 29.

This article was primitively posted connected IdahoEdNews.org connected August 20, 2024