Wednesday, December 28, 2005

Idaho high court rightly rebukes Legislature for school neglect


The state's forbearing and merciful judicial system has finally summoned the will to sharply rebuke the Idaho Legislature for 15 years of indefensibly callous neglect of the public school system.

In a 4-1 ruling, the Idaho Supreme Court found the state's funding mechanism for school construction to be unconstitutional, and ordered an immediate remedy. "The list of safety concerns and difficulties in getting funds for repairs or replacements is distressingly long," Justice Linda Copple-Trout wrote for the majority.

The state's judges have been unduly patient with lawmakers, who have been in and out of court for 15 years since being sued by the Idaho Schools for Equal Educational Opportunity, a coalition of 22 school districts. Students who entered the first grade in facilities needing repair are now in high school, where they might well find facilities that also need repair.

This episode is one of the true blights on long-standing Republican control of the Statehouse. In their persistence to avoid meeting responsibilities to public schools, Republican lawmakers tried various dodges. Lawyers from the Idaho Attorney General's Office even set up a new legal delay by nitpicking whether a new school would cost $7 million or $10 million.

The spectacle of legislators trying to avoid the rudimentary obligation of providing a system for funding decent educational facilities is disgraceful. Especially so when Gov. Dirk Kempthorne and his legislative allies boast that Idaho is an attractive headquarters for major corporations. What CEO with any conscience would move a corporation to Idaho and subject employees' children to schools in tatters while politicians fight to avoid spending for repairs?

We also recall that while lawmakers were avoiding spending on schools they were alive with ideas on how to rehabilitate the state Capitol and their suites?

Next to the courts and law enforcement, no public function is as indispensable and critical to a state's well-being and its citizens as public education.

Now lawmakers must devise a mechanism that places school funding squarely on the state, and thus provides equal funding throughout a state for wealthy as well as poor districts.

Properly skilled and adequately paid teachers and classroom facilities that are decent, safe and modern are essentials of education that no thinking public official should avoid funding.

The hour is late. The high court has spoken. Now lawmakers should heed Deputy Attorney General Dave High, who said after the court ruling, "We think it's important that we not have this expensive litigation continuing to go on."

Amen.




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