2013 Idaho Statutes
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 22 - CONSTITUTIONALLY BASED EDUCATIONAL CLAIMS ACT
Section 6-2209 - REMEDIES IN SUIT AGAINST DISTRICT -- CONTINUING JURISDICTION.
(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:
History:
[6-2209, added 1996, ch. 258, sec. 1, p. 848.]
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