The Idaho Supreme Court Friday rejected a lawsuit challenging student fees.

But the 4-0 court ruling focused on timing and legal standing — not the larger and lingering constitutional questions surrounding student fees.

Wil and Deborah Hansen paid $2,250 in fees in 2017-18, allowing their grandchild to attend full-day kindergarten at Boise’s Liberty Elementary School. The Hansens contend the fees violate the Idaho Constitution, which mandates the state to provide “a general, uniform and thorough system of public, free common schools.” The Hansens sued the Boise district in February 2023, seeking to pursue a class action lawsuit on fees, and sought reimbursement.

The Supreme Court upheld a ruling from Ada County District Judge Nancy Baskin, who sided with the school district.

The Hansens’ claims, made five years after their grandchild attended kindergarten, came after the statute of limitations had elapsed, the Supreme Court ruled. In addition, the Supreme Court rejected the argument that the Hansens’ grandchild was the victim of an unconstitutional “taking,” since the Hansens paid the kindergarten fees.

“The Hansens seek to recover tuition payments they made, recasting their own financial loss as a constitutional injury to (their grandchild),” the Supreme Court said in its ruling.

Friday’s ruling marked the latest development in an ongoing legal battle over student fees. Robert Huntley, a former state Supreme Court justice, has filed a series of lawsuits challenging fees, dating back to 1990. Huntley, one of the attorneys representing the Hansens, declined comment Friday.

Kevin Richert

Kevin Richert

Senior reporter and blogger Kevin Richert specializes in education politics and education policy. He has more than 35 years of experience in Idaho journalism. He is a frequent guest on "Idaho Reports" on Idaho Public Television and "Idaho Matters" on Boise State Public Radio. He can be reached at krichert@idahoednews.org

Get EdNews in your inbox

Weekly round up every Friday