WARNING:  It is a felony for anyone to sign any initiative petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a qualified elector.

To the Honorable Phil McGrane, Secretary of State of the State of Idaho:

We, the undersigned citizens and qualified electors of the State of Idaho, respectfully demand that the following proposed law be enacted by the People of Idaho that effective immediately upon passage of this Initiative that:

The following Preamble and State of Purpose be and is hereby added to “Idaho Code Title 33 Education” to precede all Chapters thereof and that;

The further amendments, deletions and additions to the Idaho Code following this preamble shall also be enacted by the People of Idaho that effective immediately upon passage of this Initiative:

PREAMBLE AND STATEMENT OF PURPOSE:

WHEREAS;

The Idaho State Constitution ARTICLE IX SECTION ONE recites that “The stability of a republican form of government (depends) mainly upon the intelligence of the people…” and thereafter mandates that “…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”;

AND WHEREAS;

The Legislature has adopted and/or authorized the promulgation of numerous and complex laws and regulations of education and have specifically defined the Constitutional requirement of “a thorough system of public schools in Idaho” in Idaho Code Section 33-1612 as one in which:(a) A safe environment conducive to learning is provided;

(b) Educators are empowered to maintain classroom discipline;

(c) The basic values of honesty, self-discipline, unselfishness, respect for authority, and the central importance of work are emphasized;

(d) The skills necessary to communicate effectively are taught;

(e) A basic curriculum necessary to enable students to enter academic or career technical postsecondary educational programs is provided;

(f) Students acquire the knowledge and skills necessary for meeting challenging academic achievement standards and succeeding in the workforce and in life;

(g) The students are introduced to current technology;

(h) The importance of students acquiring the skills to enable them to be responsible citizens of their homes, schools, and communities is emphasized;

(i) Students have the right to an uninterrupted education that covers all disciplines, including music, the arts, and physical education if such courses are offered by the local education agency;

(j) During a period of state or local emergency, if a school district or public charter school has to change from in-person instruction at a school facility to virtual instruction or blended or hybrid instruction, then, to the greatest extent possible and where safety requirements can be developed by the school district or public charter school, an in-person instruction option will be made available to students; and

(k) Student progress is monitored and measured in all required courses of instruction.

AND WHEREAS;

The Legislature has persistently and consistently failed or refused to fully or adequately fund public schools per the foregoing defined standards and resulting in decades of litigation;

AND WHEREAS;

The Legislature has authorized and funded a system of local school levies and bonds which it claims satisfied its obligation to fully fund public schools, which system has been approved and ratified by the State Supreme Court as adequate to do so;

AND WHEREAS;

The system of levies and school bonds was never intended to be a substitute for state funding of basic public education and using it as such creates terrible problems and conditions for the public and for every school district;

AND WHEREAS;

After the Idaho Supreme Court ruled that the Legislature had failed to “maintain a general, uniform and thorough system of public, free common schools” but the Idaho Supreme Court provided no remedy. The Legislature, rather than cure the failure found by the Court promulgated a wrongful law limiting the right of the people to seek redress in Court for such failures and promulgated a complex and unworkable system of finance for schools which must be reformed, simplified and provisions made for continued accountability.

NOW THEREFORE

The People of the State of Idaho propose the following measure to reform the state system of school funding, establish replacement for levy funding, to provide for better access to judicial review of funding controversies, and to require the Legislature to fully address and comply with school funding duties under the Constitution, as follows:

That Section 33-802 Idaho Code et seq be and is hereby amended to read as follows:

33-802 – SCHOOL LEVIES No school district in the State of Idaho shall be authorized to conduct a levy of any type nor impose property taxes for school funding. The State of Idaho, in order to properly fulfill its duty to establish and maintain a general, uniform and thorough system of public, free common schools, shall increase annual state school funding by an amount equal to the total supplemental maintenance and operations levies imposed by all school districts in the state in the year preceding this Initiative.

33-802.  SCHOOL LEVIES. Any tax levied for school purposes shall be a lien on the property against which the tax is levied. The board of trustees shall determine the levies upon each dollar of taxable property in the district for the ensuing fiscal year as follows:

(1)  Bond, Interest and Judgment Obligation Levies. Such levies as shall be required to satisfy all maturing bond, bond interest, and judgment obligations.

(2)  Budget Stabilization Levies. School districts not receiving state equalization funds in fiscal year 2006 may authorize a budget stabilization levy for calendar year 2006 and each year thereafter. Such levies shall not exceed the difference between the amount of equalized funds that the state department of education estimates the school district will receive in fiscal year 2007, based on the school district’s fiscal year 2006 reporting data, and the combined amount of money the school district would have received from its maintenance and operation levy and state property tax replacement funds in fiscal year 2007 under the laws of the state of Idaho as they existed prior to amendment by the first extraordinary session of the fifty-eighth Idaho legislature. The state department of education shall notify the state tax commission and affected counties and school districts of the maximum levy amounts permitted, by no later than September 1, 2006.

(3)  Supplemental Maintenance and Operation Levies. No levy in excess of the levy permitted by this section shall be made by a noncharter district unless such a supplemental levy in a specified amount and for a specified time not to exceed two (2) years be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election. A levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees in the second year.

(4)  Charter District Supplemental Maintenance and Operation. Levies pursuant to the respective charter of any such charter district shall be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election.

(5)  The board of trustees of any school district that has, for at least seven (7) consecutive years, been authorized through an election held to certify a supplemental levy that has annually been equal to or greater than twenty percent (20%) of the total general maintenance and operation fund, may submit the question of an indefinite term supplemental levy to the electors of the school district. Such question shall clearly state the dollar amount that will be certified annually and that the levy will be for an indefinite number of years. The question must be approved by a majority of the district electors voting on the question in an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code. The levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees during any fiscal year.

(6)  A charter district may levy for maintenance and operations if such authority is contained within its charter. In the event property within a charter district’s boundaries is contained in a revenue allocation area established under chapter 29, title 50, Idaho Code, and such revenue allocation area has given notice of termination thereunder, then, only for the purpose of determining the levy described in this subsection, the district may add the increment value, as defined in section 50-2903, Idaho Code, to the actual or adjusted market value for assessment purposes of the district as such value existed on December 31 of the previous year.

33-803.  LEVY FOR EDUCATION OF CHILDREN OF MIGRATORY FARM WORKERS. In any school district in which there is located any farm labor camp and the children of migratory farm workers housed therein attend the schools of the district, the board of trustees may make a levy not exceeding one-tenth of one percent (.1%) of the market value for assessment purposes on all taxable property within the district, in addition to any other levies authorized by law, for the cost of educating such children.

Whenever the aggregate of the levy herein authorized and other levies made for maintenance and operation of the district shall exceed six-tenths of one percent (.6%) of the market value for assessment purposes on all taxable property within the district, the levy authorized by this section must be approved by the school district electors at a tax levy election held for that purpose. Notice of such election shall be given, the election shall be conducted, and the returns thereof made, as provided in title 34, Idaho Code; and the question shall be approved only if a majority of the qualified electors voting at such election vote in favor thereof.

33-804.  SCHOOL PLANT FACILITIES RESERVE FUND LEVY. In any school district in which a school plant facilities reserve fund has been created, either by resolution of the board of trustees or by apportionment to new districts according to the provisions of section 33-901, Idaho Code, to provide funds therefor the board of trustees shall submit to the qualified school electors of the district the question of a levy not to exceed four-tenths of one percent (.4%) of market value for assessment purposes in each year, as such valuation existed on December 31 of the previous year, for a period not to exceed ten (10) years.

The question of a levy to be submitted to the electors of the district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is proposed to be made, the percentage of votes in favor of the proposal which are needed to approve the proposed dollar amount to be collected, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and the dollar amount to be collected shall be approved only if:

1.   Fifty-five percent (55%) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness of less than two-tenths of one percent (.2%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election;

2.  Sixty percent (60%) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness of two-tenths of one percent (.2%) or more and less than three-tenths of one percent (.3%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election; or

3. Two-thirds (2/3) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness of three-tenths of one percent (.3%) or more of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election.

If the question be approved, the board of trustees may make a levy, not to exceed four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, in each year for which the collection was approved, sufficient to collect the dollar amount approved and may again submit the question at the expiration of the period of such levy, for the dollar amount to be collected during each year, and the number of years which the board may at that time determine. Or, during the period approved at any such election, if such period be less than ten (10) years or the levy be less than four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, the board of trustees may submit to the qualified school electors in the same manner as before, the question whether the number of years, or the levy, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.

Any bonded indebtedness incurred in accordance with the provisions of section 33-1103, Idaho Code, subsequent to the approval of a plant facilities reserve fund levy shall not affect the terms of that levy for any time during which such levy is in effect.

4.  In any fiscal year in which the state department of education certifies that the statewide per support unit funding for salary-based apportionment and discretionary funds has decreased, in the aggregate, from the prior fiscal year, the board of trustees of any school district with a previously approved plant facilities levy may submit to the qualified electors of the school district the question of converting a previously approved plant facilities levy to a supplemental levy, subject to the following:

(a)  The term of the supplemental levy shall not exceed the lesser of two (2) years or the remaining term on the previously approved plant facilities levy; and

(b)  The first tax year of conversion shall be the one in which the revenues collected will accrue to the fiscal year in which the state department of education certifies that the condition stated in subsection 4. of this section exists; and

(c)  Up to one hundred percent (100%) of the previously approved plant facilities levy amount may be converted; and

(d)  Conversion of a plant facilities levy to a supplemental levy shall not affect any other supplemental levy; and

(e)  The question to be submitted to the electors of the district and the notice of such election shall state the dollar amount proposed to be converted each year, the number of years to be converted, the percentage of the plant facilities levy that is proposed for conversion, and the purposes for which such funds shall be used; and

(f)  Prior to January 1, 2011, the election notice shall be given, the election shall be conducted and the returns canvassed as provided in chapter 4, title 33, Idaho Code. On and after January 1, 2011, the election notice shall be given, the election shall be held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and

(g)  The dollar amount to be converted and collected shall be approved only if a majority of the electors voting in the election are in favor; and

(h)  Upon expiration of the term of conversion, the supplemental levy shall revert to the previously approved plant facilities levy for any approved years remaining on the balance of its term; and

(i)  Any years in which a previously approved plant facilities levy is converted to a supplemental levy pursuant to this subsection shall count against the years for which the plant facilities levy was approved; and

(j)  If a majority of the electors voting in the election fail to vote in favor, the previously approved plant facilities levy shall not be affected.

33-804A.  SCHOOL PLANT FACILITIES RESERVE FUND LEVY FOR SAFE SCHOOL FACILITIES. (1) Definition. As used in this section, public school facilities mean the physical plant of improved or unimproved real property owned or operated by a school district, including school buildings, administration buildings, playgrounds, athletic fields, etc., used by schoolchildren or school district personnel in the normal course of providing a general, uniform and thorough system of public, free common schools, but does not include areas, buildings or parts of buildings closed from or not used in the normal course of providing a general, uniform and thorough system of public, free common schools. The aspects of a safe environment conducive to learning as provided by section 33-1612, Idaho Code, that pertain to the physical plant used to provide a general, uniform and thorough system of public, free common schools are hereby defined as those necessary to comply with the safety and health requirements set forth in this section.

(2)  Whenever under applicable law a board of trustees of a school district has identified on the basis of an independent inspection of the district’s school facilities that some of those school facilities fail to comply with codes addressing safety and health standards for facilities (including electrical, plumbing, mechanical, elevator, fire safety, boiler safety, life safety, structural, snow loading, and sanitary codes) adopted by or pursuant to the Idaho uniform school building safety act, chapter 80, title 39, Idaho Code, adopted by the state fire marshal, adopted by generally applicable local ordinances, or adopted by rule of the state board of education and applicable to school facilities, and that those school facilities that do not comply with codes addressing unsafe or unhealthy conditions contain unsafe or unhealthy conditions that cannot be abated with the school district’s income from current sources, that school district shall be eligible to participate in the Idaho safe schools facilities loan program administered by Idaho banks. Eligibility to participate in the Idaho safe schools facilities loan program shall not affect or disqualify any school district from eligibility to participate in any other program to abate unsafe or unhealthy conditions.

(3)  In any school district in which a school plant facilities reserve fund has been created, the period for which the school plant facilities reserve fund levy may be in effect may extend beyond ten (10) years but not to exceed twenty (20) years, provided that:

(a)  The board of trustees shall determine that all or a portion of the amount to be collected each year during the period of years in which the levy is collected is made to abate, repair or replace school facilities with unsafe or unhealthy conditions.

(b)  The question of the levy to be submitted to the electors of a district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is to be made to abate, repair or replace school facilities for the purpose of providing buildings complying with codes defining safe and healthy conditions as required by applicable law.

(c)  The election for such a levy conducted pursuant to this section shall be held on one (1) of the days authorized by section 34-106, Idaho Code.

The provisions of section 33-804, Idaho Code, that are not modified by this section shall apply to levies made pursuant to this section.

33-805.  SCHOOL EMERGENCY FUND LEVY. Before the second Monday of September in each year, the board of trustees of any school district which qualifies under the provisions of this section may certify its need hereunder to the board of county commissioners in each county in which the district may lie, and request a school emergency fund levy upon all taxable property in the district.

The board of trustees shall compute the number of pupils in average daily attendance in the schools of the district as of such date, and if there be pupils in average daily attendance above the number in average daily attendance for the same period of the school year immediately preceding the board shall:

1.  Divide the total of the foundation program allowance based on said last annual report by the total number of pupils in average daily attendance shown thereon;

2.  Multiply the quotient so derived by the number of additional pupils in average daily attendance.

The number of pupils in average daily attendance for each period and the amount so computed shall be certified to the board of county commissioners of the county in which the district lies.

In the case of a joint district, the board of trustees shall certify to the board of county commissioners of each county in which the district lies, to each, that proportion of the amount computed, as hereinabove, as the assessed value of taxable property within the district situate in each such county bears to the total assessed value of all taxable property in the district.

After receiving the amounts certified, as hereinabove provided, the board, or boards, of county commissioners shall determine the levy according to section 63-805(3), Idaho Code, as amended; and the proceeds of any such levy shall be credited to the general fund of the district.

The school district shall advertise its intent to seek an emergency levy pursuant to this section by publishing in at least the newspaper of largest paid circulation published in the county of the district, or if there is no such newspaper, then in a newspaper published nearest to the district where the advertisement is required to be published. For purposes of this section, the definition of “newspaper” shall be as established in sections 60-106 and 60-107, Idaho Code; provided further that the newspaper of largest circulation shall be established by the statement of average annual paid weekday circulation listed on the newspaper’s sworn statement of ownership that was filed with the United States post office on a date most recently preceding the date on which the advertisement required in this section is to be published. The advertisement shall be run when the school district ascertains that it will request an emergency school fund levy as provided in this section and shall be published once a week for two (2) weeks following action by the board of trustees.

The form and content of the notice shall be substantially as follows:

NOTICE OF PROPERTY TAX INCREASE BY SCHOOL BOARD

The (name of the school district) has proposed to increase the amount of ad valorem tax dollars it collects by certifying a school emergency fund levy pursuant to section 33-805, Idaho Code, for the period …….. to ……… . The total amount of dollars to be collected pursuant to this levy is estimated to be ………. . The amount of dollars to be collected pursuant to this levy on a typical home of $50,000 taxable value of last year is estimated to be …….. . The amount of dollars to be collected pursuant to this levy on a typical farm of $100,000 taxable last year is estimated to be ……. . The amount of dollars to be collected pursuant to this levy on a typical business of $200,000 taxable value of last year is estimated to be ……. .

CAUTION TO TAXPAYER: The amounts shown in this schedule do NOT reflect tax charges that are made because of voter approved bond levies, override levies, supplemental levies, or levies applicable to newly annexed property. Also the amounts shown in this schedule are an estimate only and can vary with the amount of dollars and the levy amount certified and the taxable value of individual property.

That Section 33-1102 Idaho Code et seq be and is hereby amended to read as follows:

33-1102.  PURPOSES FOR WHICH BONDS MAY BE ISSUED. The purposes for which bonds may be issued shall be: To  The State of Idaho, in order to properly fulfill its duty to establish and maintain a general, uniform and thorough system of public, free common schools, shall issue such bonds as are reasonably required for any Idaho school district to acquire, purchase or improve a school site or school sites; to build a schoolhouse or schoolhouses or other building or buildings; to demolish or remove school buildings; to add to, remodel or repair any existing building; to furnish and equip any building or buildings, including all lighting, heating, ventilation and sanitation facilities and appliances necessary to maintain and operate the buildings of the district; to purchase school buses and to acquire, develop or renovate school facilities to establish, create and develop renewable energy systems as described in section 33-604, Idaho Code.  The provisions of section 33-906, Idaho Code, shall not apply to bonds or portions of bonds issued to acquire, develop or renovate school energy systems as authorized in section 33-604, Idaho Code, when the school district begins to sell thermal energy for revenue as authorized in section 33-605, Idaho Code.

33-1102 PURPOSES FOR WHICH BONDS MAY BE ISSUED. The purposes for which bonds may be issued shall be: To acquire, purchase or improve a school site or school sites; to build a schoolhouse or schoolhouses or other building or buildings; to demolish or remove school buildings; to add to, remodel or repair any existing building; to furnish and equip any building or buildings, including all lighting, heating, ventilation and sanitation facilities and appliances necessary to maintain and operate the buildings of the district; to purchase school buses and to acquire, develop or renovate school facilities to establish, create and develop renewable energy systems as described in section 33-604, Idaho Code. The provisions of section 33-906, Idaho Code, shall not apply to bonds or portions of bonds issued to acquire, develop or renovate school energy systems as authorized in section 33-604, Idaho Code, when the school district begins to sell thermal energy for revenue as authorized in section 33-605, Idaho Code.

33-1103.  DEFINITIONS — BONDS — LIMITATION ON AMOUNT — ELECTIONS TO AUTHORIZE ISSUANCE. (1) For the purposes of this chapter the following definitions shall have the meanings specified: “Market value for assessment purposes” means the amount of the last preceding equalized assessment of all taxable property and all property exempt from taxation pursuant to section 63-602G, Idaho Code, within the school district on the tax rolls completed and available as of the date of approval by the electorate in the school bond election. “Aggregate outstanding indebtedness” means the total sum of unredeemed outstanding bonds, minus all moneys in the bond interest and redemption fund or funds accumulated for the redemption of such outstanding bonds, and minus the sum of all taxes levied for the redemption of such bonds, with the exception of that portion of such tax levies required for the payment of interest on bonds, which taxes remain uncollected. “Issue,” “issued,” or “issuance” means a formal delivery of bonds to any purchaser thereof and payment therefor to the school district.

(2)  The board of trustees of any school district, upon approval of a majority thereof, may submit to the qualified school district electors of the district the question as to whether the board shall be empowered to issue negotiable coupon bonds of the district in an amount and for a period of time to be named in the notice of election.

(3)  An elementary school district which employs not less than six (6) teachers, or a school district operating an elementary school or schools, and a secondary school or schools, or issuing bonds for the acquisition of a secondary school or schools, may issue bonds in an amount not to exceed five percent (5%) of the market value for assessment purposes thereof, less the aggregate outstanding indebtedness; and no other school district shall issue bonds in an amount to exceed at any time two percent (2%) of the market value for assessment purposes thereof less the aggregate outstanding indebtedness. The market value for assessment purposes, the aggregate outstanding indebtedness and the unexhausted debt-incurring power of the district shall each be determined as of the date of approval by the electors in the school bond election.

(4)  Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed, and the qualifications of electors voting or offering to vote shall be, as provided in title 34, Idaho Code.

(5)  The question shall be approved only if the percentage of votes cast at such election were cast in favor thereof is that which now, or may hereafter be, set by the constitution of the state of Idaho. Upon such approval of the issuance of bonds, the same may be issued at any time after the date of such election.

The provisions of section 33-906, Idaho Code, shall not apply to bonds or portions of bonds issued to acquire, develop or renovate school energy systems as authorized in section 33-604, Idaho Code, when the school district begins to sell thermal energy for revenue as authorized in section 33-605, Idaho Code.

33-1102 PURPOSES FOR WHICH BONDS MAY BE ISSUED. The purposes for which bonds may be issued shall be: To The State of Idaho, in order to properly fulfill its duty to establish and maintain a general, uniform and thorough system of public, free common schools, shall issue such bonds as are reasonably required for any Idaho school district to acquire, purchase or improve a school site or school sites; to build a schoolhouse or schoolhouses or other building or buildings; to demolish or remove school buildings; to add to, remodel or repair any existing building; to furnish and equip any building or buildings, including all lighting, heating, ventilation and sanitation facilities and appliances necessary to maintain and operate the buildings of the district; to purchase school buses and to acquire, develop or renovate school facilities to establish, create and develop renewable energy systems as described in section 33-604, Idaho Code. The provisions of section 33-906, Idaho Code, shall not apply to bonds or portions of bonds issued to acquire, develop or renovate school energy systems as authorized in section 33-604, Idaho Code, when the school district begins to sell thermal energy for revenue as authorized in section 33-605, Idaho Code.

33-1103.  DEFINITIONS — BONDS — LIMITATION ON AMOUNT — ELECTIONS TO AUTHORIZE ISSUANCE. (1) For the purposes of this chapter the following definitions shall have the meanings specified: “Market value for assessment purposes” means the amount of the last preceding equalized assessment of all taxable property and all property exempt from taxation pursuant to section 63-602G, Idaho Code, within the school district on the tax rolls completed and available as of the date of approval by the electorate in the school bond election. “Aggregate outstanding indebtedness” means the total sum of unredeemed outstanding bonds, minus all moneys in the bond interest and redemption fund or funds accumulated for the redemption of such outstanding bonds, and minus the sum of all taxes levied for the redemption of such bonds, with the exception of that portion of such tax levies required for the payment of interest on bonds, which taxes remain uncollected. “Issue,” “issued,” or “issuance” means a formal delivery of bonds to any purchaser thereof and payment therefor to the school district.

(2)  The board of trustees of any school district, upon approval of a majority thereof, may submit to the qualified school district electors of the district the question as to whether the board shall be empowered to issue negotiable coupon bonds of the district in an amount and for a period of time to be named in the notice of election.

(3)  An elementary school district which employs not less than six (6) teachers, or a school district operating an elementary school or schools, and a secondary school or schools, or issuing bonds for the acquisition of a secondary school or schools, may issue bonds in an amount not to exceed five percent (5%) of the market value for assessment purposes thereof, less the aggregate outstanding indebtedness; and no other school district shall issue bonds in an amount to exceed at any time two percent (2%) of the market value for assessment purposes thereof less the aggregate outstanding indebtedness. The market value for assessment purposes, the aggregate outstanding indebtedness and the unexhausted debt-incurring power of the district shall each be determined as of the date of approval by the electors in the school bond election.

(4)  Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed, and the qualifications of electors voting or offering to vote shall be, as provided in title 34, Idaho Code.

(5)  The question shall be approved only if the percentage of votes cast at such election were cast in favor thereof is that which now, or may hereafter be, set by the constitution of the state of Idaho. Upon such approval of the issuance of bonds, the same may be issued at any time after the date of such election.

That Section 6-2202 Idaho Code et seq be and is hereby amended to read as follows:

6-2202.  PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM. Section 1, article IX, of the constitution of the state of Idaho 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.” The purpose of this chapter is to provide a mechanism for adjudicating the performance of that duty when there are allegations that public schools do not provide educational services that they are required to provide as part of a general, uniform and thorough system of public, free common schools. In this chapter, a constitutionally based educational claim is defined as a claim that public schools are not providing educational services that they are required to provide under section 1, article IX, of the constitution of the state of Idaho, and constitutionally required educational services are defined as the educational services that must be provided under section 1, article IX, of the constitution of the state of Idaho. In particular, this chapter provides procedures for adjudicating constitutionally based educational claims and administrative and judicial remedies to be implemented when public schools in a specific local school district are not providing constitutionally required educational services as part of a general, uniform and thorough system of public, free common schools that has been established by the legislature. It is the policy of this chapter whenever possible that constitutionally based educational claims shall be settled locally through consent agreements or plans proposed by local school districts and that state intervention in local school districts be a last resort.

6-2203.  SYSTEM ESTABLISHED UNDER SECTION 1, ARTICLE IX. The people of the State of Idaho legislature hereby declares that the statutes allowing the creation of or chartering local school districts and giving them authority to raise and spend moneys and to provide educational services have failed are designed to establish and maintain a general, uniform and thorough system of public, free common schools. The legislature hereby declares that the public schools operated by and the educational services provided by local school districts, together with any public schools operated by the state, constitute the system of public, free common schools described in section 1, article IX of the constitution of the state of Idaho.

6-2204.  RESPONSIBILITY FOR PROVIDING EDUCATIONAL SERVICES REQUIRED BY THE CONSTITUTION. The legislature has failed to establish established a system of public, free common schools by its authorization of the creation of or chartering of local school districts. Local school districts are hereby declared to do not have the primary responsibility for provision of constitutionally required educational services and for assuring themselves and the public that the local school districts are operating their schools as part of a general, uniform and thorough system of public, free common schools as that duty is placed by the Idaho Constitution upon the State. When a local school district is unable to meet its responsibilities under this chapter because it does not provide constitutionally required educational services, this chapter provides judicial and administrative remedies to bring schools operated by the local school district into compliance with section 1, article IX, of the constitution of the state of Idaho and first prescribes local solutions where possible.

6-2205.  RIGHT OF ACTION — STANDING TO SUE. (1) Patron suits against local school districts. Any person who is a schoolchild, the parent or guardian of a schoolchild, or the parent or guardian of a child who will enter public school in the next two (2) years has standing to sue and may bring suit against the State of Idaho, any agency thereof and/or a local school district in which the schoolchild or potential schoolchild resides on the grounds that the defendant(s) are local school district is not providing constitutionally required educational services. These complaints may be known as patron complaints, and the persons who are plaintiffs may be known as patrons. The patron complaint must list with specificity the manner in which the patrons contend that the local school district is not providing constitutionally required educational services. No other person, except the state as parens patriae, has standing to bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(2)  Parens patriae suit against districts. The state of Idaho, through the legislature or through the superintendent of public instruction, may bring suit against a school district on the ground that the school district is not providing constitutionally required educational services.

(3)  Patron suits against the state. No person other than a patron authorized to bring suit against a school district under subsection (1) of this section has standing to bring suit against the state, the legislature, or any of the state’s officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools. No patron with standing to bring suit against a school district may bring suit against the state, the legislature, or any of the state’s officers or agencies on the ground that the state has not established and maintained a general, uniform and thorough system of public, free common schools unless the patron has first brought suit against its local school district pursuant to subsection (1) of this section and the district court has later authorized the patron to add the state as a defendant as authorized by this section. Any patron suit against the state, the legislature, or any of the state’s officers or agencies not authorized by the district court pursuant to this section shall be dismissed.

(4)  No other suits recognized. School districts are agents of the state for purposes of providing a general, uniform and thorough system of public, free common schools, and they have no standing to bring suit against the state for failure to establish and maintain a general, uniform and thorough system of public, free common schools. Any suit brought by a school district against the state, the legislature, or any of the state’s officers or agents contending that the state has not established a general, uniform and thorough system of public, free common schools shall be dismissed. There shall be no right of action by any person contending that there is not a general, thorough and uniform system of free common schools in this state except those authorized in subsections (1), (2) and (3) of this section naming with specificity the local school districts in which the plaintiffs live and with specificity the manner in which they contend that the public schools in that district are not providing constitutionally required educational services. Any other suit contending that there is not a general, thorough and uniform system of free, common schools shall be dismissed.

6-2206.  PATRON COMPLAINTS TO BE FORWARDED TO ATTORNEY GENERAL. When a patron complaint is filed against a school district pursuant to this chapter, a copy of the complaint shall also be served on the attorney general, who shall notify the legislature and the superintendent of public instruction that the complaint has been filed. Either the legislature or the superintendent of public instruction may intervene as plaintiffs in the patron suit as a matter of right. No action shall be taken in the patron suit, except for the school district’s filing of an answer to the patron complaint, until a copy of the complaint has been forwarded to the attorney general and the legislature and the superintendent of public instruction have been given thirty-five (35) calendar days to decide whether to intervene as a matter of right as plaintiffs in the patron suit.

6-2208.  DISTRICT COURT FINDINGS. Upon reaching the merits of the constitutionally based educational claim, the district court shall find whether the defendant(s) local school district is/are providing all constitutionally required educational services. If the district court shall find that the defendant(s) local school district is/are providing all constitutionally required educational services, it shall issue a declaratory judgment to that effect. If the district court shall find that the defendant(s) local school district is/are not providing all constitutionally required educational services, the district court shall issue a declaratory judgment to that effect and shall order all appropriate remedies. then conduct further proceedings as necessary to allow it to make the following findings:

(1)  The local school district (a) does or does not offer educational or other services that are not constitutionally required, and (b) does or does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to offer the constitutionally required educational services that it does offer.

(2)  If the local school district (a) offers educational or other services that are not constitutionally required, or (b) offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer, there is or is not a manner that resources devoted to offering services not constitutionally required or that consume more resources than necessary may be redirected to offer services that are constitutionally required but are not being offered. In making this finding, the district court shall take into account any federal mandates with which the local school district must comply, and the local school district shall not be obligated to redirect its resources from complying with federal mandates.

(3)  The local school district (a) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies up to the statutory maximum allowed by law without holding further elections, and (b) does or does not impose maintenance and operations tax levies, supplemental maintenance and operations tax levies, and school emergency fund levies in a total amount that equals or exceeds the sum of the maximum statutory maintenance and operations levy and maximum statutory emergency fund levy plus the simple average of all supplemental maintenance and operations levies of all the local school districts in the state. In making this calculation, the district court may take official notice of publications of the superintendent of public instruction or may by order direct the superintendent of public instruction to supply calculations for the district court’s use.

6-2209.  REMEDIES IN SUIT AGAINST DISTRICT — CONTINUING JURISDICTION. (1) If the district court finds that the local school district offers educational or other services not federally mandated and not constitutionally required, or offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required services that it does offer, it shall issue an order choosing from among the following remedies and retaining jurisdiction as required by this chapter. Any order accepting or modifying a consent agreement under subsection (2) of this section, accepting or modifying a plan under subsection (3) of this section, or directing school district action under subsection (4) of this section, shall be a final order for purposes of rehearing and appeal, but the filing of an appeal shall not itself stay the effect of the order, and the district court shall have continuing jurisdiction over compliance with the order or stay of the order unless stayed from continuing jurisdiction by the supreme court. The supreme court may stay the order or stay the district court’s continuing jurisdiction over compliance with the order on such grounds as it finds appropriate.

(2)  The parties shall be given a reasonable time not to exceed thirty-five (35) calendar days to attempt to enter into a consent agreement for meeting the local school district’s obligations to provide constitutionally required educational services. If the parties cannot agree on a consent agreement within thirty-five (35) calendar days, the district court shall issue an order under subsection (3) or (4) of this section. If the parties submit a consent agreement, the district court shall independently review the consent agreement and may modify the consent agreement as it finds necessary in light of the local school district’s obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the consent agreement and retaining jurisdiction over the case. If the district court rejects the consent agreement, it shall issue an order under subsection (3) or (4) of this section. An order accepting or modifying the consent agreement may require the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized in this chapter and defined in section 6-2214, Idaho Code.

(3)  The local school district shall be given a reasonable time not to exceed thirty-five (35) calendar days to submit a plan for meeting its obligations to provide constitutionally required educational services. If the local school district does not submit a plan within thirty-five (35) calendar days, the district court shall issue an order under subsection (2) or (4) of this section. If the local school district submits a plan, the district court shall independently review the plan and any of the parties’ comments to the plan and may modify the plan as it finds necessary in light of the local school district’s obligations to provide constitutionally required educational services. Following review, the district court shall enter an order accepting, modifying or rejecting the plan and retaining jurisdiction over the case. If the district court rejects the plan, it shall issue an order under subsection (2) or (4) of this section.

(4)  The district court may issue any of the following orders:

(a)  If the local school district offers educational or other services not federally mandated and not constitutionally required, the district court may enjoin the local school district from offering some or all of those services not federally mandated and not constitutionally required.

(b)  If the local school district offers some of the services that are constitutionally required in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required services that it does offer, the district court may enjoin the local school district from offering some or all of the constitutionally required services in a manner that consumes more of the local district’s resources than necessary.

(c)  If the local school district does not impose a maintenance and operations levy, a supplemental maintenance and operations levy, and an emergency fund levy in the maximum amounts allowed by law without an election, or if the sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, and emergency fund levy does not equal or exceed the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the simple average supplemental maintenance and operations levy of all the school districts in the state, pursuant to section 6-2210, Idaho Code, the district court may order the local school district to impose maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies in the maximum amount allowed by law without an election and to impose an educational necessity levy as authorized by this chapter.

(d)  If the district court finds that any other order or mandate would assist the local school district in providing constitutionally required educational services, the district court may issue any order that it determines would assist the local school district in providing constitutionally required educational services.

6-2210.  FURTHER INQUIRY ABOUT TAX LEVIES — ORDERS. (1) If the district court finds:

(a)  That the local school district cannot offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues; or

(b)  That if the local school district were to offer the constitutionally required educational services that it does offer in a manner that consumes no more of the local school district’s resources than necessary, it would still be unable to offer federally mandated services and constitutionally required educational services because it does not have sufficient revenues;

then the district court shall then find the sum of the maintenance and operations levies, supplemental maintenance and operations levies, and emergency fund levies imposed by the local school district and compare the sum to the sum of maintenance and operations levies and emergency fund levies in the maximum amount allowed by law plus the simple average of the supplemental maintenance and operations levies imposed by all school districts in the state.

(2)  Orders following further inquiry about tax levies.

(a)  If the district court finds:

(i)   That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(ii)  That if the local school district were to offer the constitutionally required educational services in a manner that consumes no more of the local school district’s resources than necessary, it would still be unable to offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues; and

(iii) That the sum of the local school district’s levies totaled in subsection (1) of this section equals or exceeds the comparison made in subsection (1) of this section;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(b)  If the district court finds:

(i)   That the local school district cannot offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues;

(ii)  That if the local school district were to offer the constitutionally required educational services in a manner that consumes no more of the local school district’s resources than necessary, it would still be unable to offer federally mandated educational services and constitutionally required educational services because it does not have sufficient revenues; and

(iii) The sum of the local school district’s levies totaled in subsection (1) of this section do not equal or exceed the comparison made in subsection (1) of this section;

notwithstanding any other provision of law to the contrary, the district court shall issue an order directing the local school board to impose maintenance and operations levies and emergency fund levies in the maximum amount that may be imposed by law. Furthermore, if the sum of the maximum maintenance and operations levy and emergency fund levy that may be imposed by law plus the supplemental maintenance and operations levy does not exceed the comparison made in subsection (1) of this section, the district court shall order the local school board to adopt an educational necessity levy in an amount so that the sum of the maintenance and operations levy, the supplemental maintenance and operations levy, the emergency fund levy, and the educational necessity levy equals the comparison set forth in subsection (1) of this section. The district court shall issue an order directing that all tax revenues from the additional amounts levied pursuant to this subsection be directed first to meeting the local school district’s obligations to provide constitutionally required educational services, but may allow the local school district to reduce any of the levies that it was ordered to raise upon the local school district’s proof that it is then providing constitutionally required educational services. The district court shall have continuing jurisdiction to see that the additional tax revenues are spent according to its order.

6-2211.  DISTRICT COURT’S CONTINUING JURISDICTION. When the district court has issued an order over which it has continuing jurisdiction under this chapter, the district court may review as necessary, but not less than annually, the question whether the local school district has complied with its obligation to offer constitutionally required educational services. Upon its review, the district court shall take the following actions:

(1)  If the district court finds that the local school district has at that time complied with its obligation to provide constitutionally required educational services, it shall issue a declaratory judgment to that effect, and it may dissolve any orders previously in place as it finds appropriate.

(2)  If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services, but is making good faith progress toward compliance with its obligations to provide constitutionally required educational services, it shall issue an interlocutory finding to that effect and continue its jurisdiction.

(3)  If the district court finds that:

(a)  The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(b)  The local school district does not offer educational or other services not federally mandated or constitutionally required;

(c)  The local school district does not offer constitutionally required educational services in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;

(d)  The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equals or exceeds the comparison made in section 6-2210(1), Idaho Code; and

(e)  The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall issue an order authorizing the plaintiffs to add the state and/or the legislature as defendants.

(4)  If the district court finds that the local school district has not yet complied with its obligations to provide constitutionally required educational services and is not making good faith efforts toward substantial compliance, it shall continue its jurisdiction and may issue such orders as it finds necessary to compel good faith efforts on the local school district’s part, including an order for state supervision.

6-2212.  STATE SUPERVISION. When authorized by law, the district court, or the state board of education pursuant to section 33-909, Idaho Code, may issue an order for state supervision of a local school district. When an order for state supervision of a local school district is entered by the district court, the superintendent of public instruction shall within thirty-five (35) calendar days appoint, at local school district expense, an officer to be known as a district supervisor. When an order for state supervision of a local school district is entered by the state board of education, the district supervisor shall be appointed pursuant to section 33-909, Idaho Code, at local school district expense. The district supervisor shall have authority to approve or disapprove any actions of the board of the local school district, to supervise or dismiss superintendents, assistant superintendents, and any other district administrative personnel, and to take any actions necessary to further the local school district’s obligations to provide constitutionally required educational services. In the case of appointment by the superintendent of public instruction, the district supervisor shall serve at the pleasure of the superintendent of public instruction until removed by the superintendent of public instruction or the superintendent of public instruction reports to the district court that the local school district is in substantial compliance with its obligations to provide constitutionally required educational services, or until the district court, upon its own motion or upon motion of any of the parties, orders state supervision to end. In the case of appointment by the state board of education, the district supervisor shall serve pursuant to section 33-909, Idaho Code.

6-2213.  SUIT AGAINST STATE. When the district court has authorized the plaintiffs to add the state or the legislature as defendants in a suit brought under this chapter, if the legislature is not already party to the suit, the legislature may move to reopen the proceedings to present evidence with regard to the district court’s findings that preceded the district court’s authorization to sue the state and/or the legislature, or it may stand on the record and findings before the district court. Following any additional evidence that may be offered after the state and/or the legislature is added as a defendant, if the district court finds that:

(1)  The local school district has not yet complied with its obligations to provide constitutionally required educational services;

(2)  The local school district does not offer educational or other services not federally mandated or constitutionally required;

(3)  The local school district does not offer the constitutionally required educational services that it does offer in a manner that consumes more of the local school district’s resources than necessary to provide the constitutionally required educational services that it does offer;

(4)  The sum of the local school district’s maintenance and operations levy, supplemental maintenance and operations levy, emergency fund levy, and educational necessity levy equal or exceed the comparison made in section 6-2210(1), Idaho Code; and

(5)  The local school district does not have the resources to meet its obligation to provide constitutionally required educational services;

the district court shall enter a declaratory judgment finding that the system of public, free common schools established by law is unconstitutional as applied to the patrons of that local school district. If the district court cannot make all of these five (5) findings, it shall dismiss the complaint against the state and/or the legislature, but retain jurisdiction over the other defendants as necessary. The district court shall not issue any other final judgments or orders against the state and/or the legislature except as authorized by this section.

6-2214.  EDUCATIONAL NECESSITY LEVY. (1) In general. There is hereby created an educational necessity levy that may be levied by a local school district as authorized in this chapter. The educational necessity levy shall expire upon order of the district court having jurisdiction over a suit brought under this chapter or five (5) years after it comes into existence, whichever comes first. An educational necessity levy authorized by this chapter may be imposed under the terms of this chapter, notwithstanding the provisions of section 63-802, Idaho Code.

(2)  For safety and health. Notwithstanding any other provisions of this chapter, the district court may impose an educational necessity levy for the purpose of raising revenues to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The district court shall approve an educational necessity levy if it finds that the school district has no alternative source of revenue to use to abate unsafe or unhealthy conditions that have been identified by findings of fact or judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court. The limitations of sections 6-2209 and 6-2210, Idaho Code, regarding the calculation of and the maximum amount of the educational necessity levy do not apply to an educational necessity levy imposed to abate unsafe or unhealthy conditions that have been identified by findings of fact or a judgment of the district court, by a consent agreement that has been accepted (with or without modification) by the district court, or by a local school district plan to abate unsafe or unhealthy conditions that has been accepted (with or without modification) by the district court.

6-2215.  EFFECT ON PENDING LAWSUITS. (1) Chapter to apply to pending lawsuits. This chapter shall apply to any lawsuit pending on its effective date that has not proceeded to final judgment in the district court on the effective date of this amendment to this section if the lawsuit presents constitutionally based educational claims or counterclaims by any patrons or by the state of Idaho or state officers and shall apply to any lawsuit bringing a constitutionally based educational claim filed after its effective date.

(2)  Procedure for pending lawsuits. If this chapter applies to a lawsuit pending on the effective date of this amendment to this section, all proceedings in the lawsuit shall be suspended for fifty-six (56) days from the effective date of this amendment to this section, except to notify the district court of the passage of this amendment and to allow refiling of complaints consistent with this subsection. Any patrons who are parties to such a lawsuit shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. The legislature and superintendent of public instruction shall have the fifty-six (56) days of the suspension period to file parens patriae complaint(s) consistent with the requirements of this chapter. If a patron files a parens patriae complaint under this subsection, the legislature and the superintendent of public instruction may intervene as a matter of right pursuant to section 6-2206, Idaho Code, within the time period prescribed by section 6-2206, Idaho Code. If any complaints are filed under this subsection, separate complaints shall be filed for each school district that is a defendant, and venue for such a suit against a school district shall be in the county in which the school district maintains its principal business office. At the expiration of the fifty-six (56) day suspension period described in the first sentence of this subsection, any school districts that are defendants to patron suits or to parens patriae suits under this chapter shall be able to answer as provided by the Idaho rules of civil procedure. All further proceedings in such a suit shall be pursuant to this chapter.

(3)  Dismissal of entities not parties and transfer of records in pending lawsuit. School districts that were parties to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and that are not defendants in any complaints filed pursuant to subsection (2) of this section shall no longer be parties and shall be dismissed from any proceedings that were suspended. Any defendant to a lawsuit that presented constitutionally based educational claims or counterclaims on the effective date of this section and who is not a defendant authorized by this chapter shall be dismissed from any proceeding that was suspended. Any plaintiff, defendant or an intervenor as of right to a lawsuit filed under subsection (2) of this section in which there is a school district that was a party to a lawsuit that presented constitutionally based educational claims or counterclaims and which lawsuit was suspended under subsection (2) of this section may designate the portions of the records of the suspended lawsuit that pertain to the school district. Upon written request of the plaintiff, the defendant, or an intervenor as of right or the court in a lawsuit filed under subsection (2) of this section, those parts of the record designated by the plaintiff, defendant or an intervenor as of right or the court shall be copied by the clerk of the district court of the suspended lawsuit and forwarded to the clerk of the district court presiding over the complaint filed under subsection (2) of this section and shall be included in the record of that case.

2216.   SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

The foregoing shall be submitted to the qualified electors of the State of ldaho, for their approval or rejection at the regular general election, to be held on the first Tuesday, November 4, 2025, and each for himself says: (continued on Page 22)

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