Osmunson v. State

WALTERS, Justice.

This is a permissive appeal from the district court’s interlocutory ruling that several provisions of the Constitutionally Based Education Claims Act, I.C. § 6-2201 et seq. (CBECA) are unconstitutional and that the CBECA’s severability clause cannot save it from being struck down in its entirety. This Court upholds the constitutionality of the CBECA and, accordingly, we reverse the district court’s ruling and remand the case for further proceedings.

BACKGROUND AND PRIOR PROCEEDINGS

The CBECA was enacted in 1996 to provide procedures for adjudicating claims that public schools…