Nampa Classical Academy v. William Goesling

MEMORANDUM

Nampa Classical Academy (“NCA”), along with plaintiffs Moffett, Kosmann and M.K., sued the Idaho Public Charter School Commission, alleging that its policy prohibiting the use of sectarian or denominational texts in public schools violated the First and Fourteenth Amendments as well as Idaho state law. Sometime after the district court dismissed all of plaintiffs’ claims, the state revoked NCA’s charter for a lack of financial viability. We affirm the dismissal.

NCA, as a political subdivision of the state, “has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.” Ysursa v. Pocatello Educ. Ass’n, 555 U.S. 353, 129 S.Ct. 1093, 1101 , 172 L.Ed.2d 770 (2009) (quoting Williams v. Mayor of Baltimore, 289 U.S. 36, 40 , 53 S.Ct. 431 , 77 L.Ed. 1015 (1933)). While NCA itself is a private non-profit corporation, Idaho law contains numerous provisions that, when taken as a whole, demonstrate that Idaho charter schools are governmental entities. See, e.g., Idaho Code § 33-5204 (2) (charter schools “may sue or be sued ... to the same extent and on the same conditions as a traditional public school district”); §…