2005 Idaho Code - 6-2214 — EDUCATIONAL NECESSITY LEVY

                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 22
                CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT
    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.