NSBA Legal Clips
Archived entries for Idaho

Union sues Idaho district claiming teachers pressured to accept furloughs violating state law

The Nampa Education Association has sued the Nampa School District, in Idaho, claiming teachers were pressured to sign an addendum to their master contracts agreeing to as many as four voluntary furlough days between January and May 2013, in violation of a state Department of Education rule requiring deviations from the master contract to be approved by the State Superintendent.

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Charter school facilities funding bill approved by Idaho Senate

The Idaho senate in a 20-15 vote has approved a bill that would begin directing about $1.4 million next fall to the 40 charter schools across the state.

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Idaho court dismisses state from suit over constitutionality of school fees and state funding

According to an Associated Press report in the Idaho State Journal, Fourth District Judge Richard Greenwood dismissed the state from a lawsuit challenging the constitutionality of the fees many public schools charge for classes and the legality of Idaho’s overall education funding system.

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Idaho voters reject state superintendent’s education reforms

According to an Associated Press report in Seattle’s Pilot Intelligencer, voters in Idaho rejected all three of Superintendent of Public Instruction Tom Luna’s education reforms. Luna’s plan to spend $180 million to lease laptops for high school students and create online-class mandates was turned down by 2/3 of voters. They also voted against his proposals to limit teachers’ collective bargaining rights and merit pay for teachers.

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Former superintendent sues Idaho districts for practice of charging students fees in violation of state constitution

The Spokesman-Review reports that a former school district superintendent has filed suit against the state of Idaho and all local school districts alleging cash-strapped schools are violating the Idaho state constitution by increasingly charging fees for what are supposed to be “free, common schools.”

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Idaho teachers’ unions see membership numbers drop

According to an Associated Press (AP) report on NECN.com, a number of teachers’ unions in Idaho have seen a decline in membership, leaving some without the simple majority they need to bargain with the school district. Union leaders said the decrease is not necessarily a result of new school reform legislation that has gutted the unions of collective bargaining powers.

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Federal appellate court rules Idaho district was not required under ADA to provide disabled individual with reasonable accommodation to qualify for teaching position

The majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP), with one judge concurring in part and dissenting in part, has ruled that a disabled teacher was not a “qualified individual with a disability” within the meaning of the Americans with Disabilities Act (ADA). As a result, it concluded that the school district’s decision not to renew the teacher’s employment contract did not violate her rights under the ADA.

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Idaho appellate court upholds constitutionality of school officials’ search of student’s car on school grounds

The Idaho Court of Appeals has ruled that school officials who searched a student’s car on suspicion he had tobacco products did not violate his Fourth Amendment search and seizure rights, even though the officials did not have probable cause to conduct the search and the student had reached the age of 18 where he could legally purchase and possess tobacco products in Idaho.

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Most Idaho school districts named in Title IX complaint cleared

The U.S. Department of Education (ED) has confirmed that allegations of federal Title IX violations against 77 Idaho school districts, and more specifically 95 high schools, have been tossed out of a larger complaint filed in June 2011, says the Times-News.

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Federal appellate court rejects suit by Idaho charter school, teacher, parent and student seeking to overturn state ban on inclusion of religious texts in school’s curriculum

In an unpublished opinion, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) has ruled that an Idaho public charter school is a political subdivision of the state and, therefore, is a government entity incapable of bringing suit against the state. It further concluded that a charter school teacher had standing to sue. Nevertheless, the panel held that the free speech claim brought by the teacher, parent and student failed because the First Amendment’s Free Speech Clause does not give them the right to have religious texts included in the school’s curriculum.

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