Andrus v. Hill, 7844

• Decision Date: 17 October 1952
• Docket Number: No. 7844,7844
• Citation: 73 Idaho 196,249 P.2d 205
• Parties: ANDRUS v. HILL et al.
• Court: Idaho Supreme Court

Page 205

249 P.2d 205

73 Idaho 196

ANDRUS v. HILL et al.

No. 7844.

Supreme Court of Idaho.

Oct. 17, 1952.

T. Harold Lee, Rigby, for appellant.

Ben B. Johnson, Preston, for respondent.

Robert E. Smylie, Atty. Gen., amicus curiae.

TAYLOR, Justice.

The appellants commenced this action to obtain a writ of mandate requiring the defendants, as the Board of Trustees of Joint Class A School District No. 93, Bonneville and Bingham Counties, Idaho, to hold an election in each of four previously organized districts which were, along with other previously existing districts, incorporated into reorganized district No. 93, upon its organization in March, 1950. These four districts existing prior to the reorganization were known as Independent School District No. 11, with school plant at Ucon; Independent School District No. 19, at Ammon; Independent School District No. 35, at Lincoln; and Common School District No. 9, at Coltman. Prior to July 16, 1951, there was in operation in former Independent School District No. 11 (Ucon) and in Independent School District No. 19 (Ammon) an elementary school of eight grades and a high school of four grades; in Independent School District No. 35 (Lincoln) there was in operation an elementary school of eight grades; and in Common School District No. 9 (Coltman) an elementary school of eight grades. Besides the high schools at Ammon and Ucon, there was in the reorganized district a high school at Iona (established by a previously existing district). This Iona high school was refused accreditation by the State Board of Education in the spring of 1951. Because of this the defendant trustees determined upon a plan for shifting certain grades and classes from one school to another within the district in order to provide for the attendance of the Iona high school students elsewhere, and (they allege) to provide more equalized educational opportunity, and more economical operation of the schools of the district.

This plan was announced July 16, 1951, to be effective for the school year 1951-52. Under it the high school grades 10, 11 and 12 were to be discontinued at Ucon and the pupils comprising those grades in that attendance area were to be transported to and attend school at Ammon (9 miles from Ucon); the 7th, 8th and 9th grades at Ammon were to be discontinued and the pupils comprising those grades in that attendance area were to be transported to and attend school at Ucon; the 7th and 8th grades were to be discontinued at Lincoln and the pupils comprising those grades in that attendance area were to be transported to Iona (3 miles); the 7th and 8th grades were to be discontinued at Coltman and the pupils comprising those grades in that attendance area were to be transported to Ucon (3 miles).

Thereafter and in due time petitions properly executed were presented to the Board of Trustees by qualified electors of these four previously existing districts, asking the board for an election in each of the four districts, to determine whether the voters of the respective districts were for or against the discontinuance of the previously existing attendance units. These petitions were denied by the board upon the ground that its action in transferring the grades and pupils as above-mentioned did not constitute the discontinuance of an 'attendance unit'.

Over appellants' objection, the trial court received and considered evidence, presented by respondents, of the refusal by the State Board of Education to accredit the Iona High School; its refusal to authorize more than one Smith-Hughes teacher (Ag. teacher) for each high school; the resulting problem confronting the school board and its solution by the adoption of the plan announced; that more equalized educational opportunities were thereby provided for the children of the district; and that a more economical operation of the school system was thereby achieved. These benefits were not admitted by appellants, but deeming them immaterial they offered no rebuttal evidence thereon.

The fundamental issue involved in this case is the determination of what the legislature meant by the term, 'attendance unit', as used by it in Chapter 129, S.L.1949, I.C. § 33-522. Obviously, if the legislature intended by that act to afford the electors of these previously existing districts an opportunity to vote upon the discontinuance of the attendance units as proposed by the respondents, then they would be entitled to have the election held regardless of what considerations had moved the board to make the proposed changes. The sole question is, therefor, the interpretation to be placed upon the language of the legislature, and the admission of the evidence objected to was erroneous.

The statutory provision in question is as follows:

'(b) The Board of Trustees of any reorganized school district, except such as have already voted for or issued bonds in such district, or have sold or removed any school house or plant in such district, shall have the power to discontinue operation of any attendance unit situate within the boundaries of the district except as this power is limited in this sub-section:

'1. If five (5) qualified school electors of a previously organized school district, wholly situate within the boundaries of the reorganized district, and which maintained an attendance unit in full operation at the time of the organization of the reorganized district, or maintained an attendance unit in full operation in the school year immediately preceding organization of such reorganized district shall, between June 1st and August 1st of any year, petition the Board of Trustees for an election within such previously organized district on the question of discontinuance of such previously organized district's attendance unit, the Board shall order an election to be held within ten days in such previously organized district and shall submit to the qualified school electors of such district a ballot which contains the following proposals:

'For Discontinuance of Attendance Unit

'Against Discontinuance of Attendance Unit

'If sixty percent of the qualified electors of such previously organized district voting in such election shall vote against discontinuance of such attendance unit, the Board of Trustees of the Reorganized district shall be without power to discontinue such attendance unit during that school year.' Chap. 129, 1949 S.L.

There is involved no question of the plenary power of the legislature to provide for, regulate, control and alter the public schools of the state, within the definition provided by the constitutional provision imposing that duty on the legislature. Idaho Const.Art. 9, § 1. It is not a question of what the legislature may do, but a question of what it has done.

There is no legislative definition of 'attendance unit'. To construe the language of the statute we must consider the background of this legislation and the problem confronting the legislature at the time it spoke. Traditionally, not only in Idaho but throughout most of the states of the Union, the legislature has left the establishment, control and management of the school to the parents and taxpayers in the community which it serves. The local residents organized the school district pursuant to enabling legislation, imposed taxes upon themselves, built their own school house, elected their own trustees and through them managed their own school. It was under these circumstances that the 'Little Red School House' became an American institution, the center of community life, and a pillar in the American conception of freedom in education, and in local control of institutions of local concern. In the American concept, there is no greater right to the supervision of the education of the child than that of the parent. In no other hands could it be safer.

'The American people made a wise choice early in their history by not only creating forty-eight state systems of education, but also by retaining within the community, close to parental observation, the actual direction and control of the educational program. This tradition of community administration is a firmly accepted and deeply rooted policy. (P. 151.) * * *

'The participation not only of parents but of the entire community in our democratic folk-made schools is an outstanding characteristic of the American educational system. (P. 158.) * * *

'The degree to which the United States can remain truly democratic against the terrific trend toward centralization in governmental activity depends on the development of self-sufficiency and competence in the administration of local government. The school is one institution that may solve this problem. (P. 159.) * * *

"Faith in the local administration of schools is a part of the democratic tradition. It is important that all the people should feel responsible for their government. In no area is it more necessary than in the provision of public education that the thinking, desires, and ambitions of the people be made effective.' (The Structure and Administration of Education in American Democracy, pp. 41 42.) (P. 173.) * * *

'The American public school is historically an extension of the home. Although the legal control of the education function resides in the state, the tradition of local participation in the educational process is so strong that the general procedural pattern in forty-six of the states delegates to the state responsibility for general planning and appraising but places the responsibility for the actual execution of the plan with the community. The assumption of control over the education function by the state is a specific delegation of power by a public act of the citizens to the individual state and even on a state level represents in a large sense a partnership between the parents and the state. This partnership...