UPDATED 9/11/2025:
Judge Peter Barton granted the West Ada School District’s second request for a summary judgment on a 2019 lawsuit over kindergarten fees, effectively ending the case and dismissing Peyton Gifford and Mollie Gabaldon’s remaining claims.
The lawsuit claimed the district’s tuition fees for full-day kindergarten violated the Idaho Constitution’s language mandating free, common public schools.
Barton upheld “that it is the duty of the Legislature to define the components of ‘a general, uniform and thorough’ education,” in his decision.
Peyton Gifford and Mollie Gabaldon filed the lawsuit when asked to pay for full-day kindergarten. Because of the fees, they did not enroll.
At the time of the lawsuit, West Ada charged $300 a month to enroll children in the second half day of kindergarten class. But full-day kindergarten has been free for West Ada families for the past three years. Nearby districts like Boise have also instituted free, full-day kindergarten.
The lawsuit was dismissed once before because Gifford and Gabaldon did not pay any fees. It’s now been dismissed a second time.
Pending formalities mean the case remains in court while being effectively over. Accordingly, West Ada wouldn’t provide comment as it is still pending litigation.
