Idaho State Board of Education stands by meeting decision, lawsuit pending

Published: Jul. 7, 2023 at 2:34 PM MDT
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BOISE, Idaho (KMVT/KSVT) —The Idaho State Board of Education held a closed-door executive session Friday morning to discuss its impending lawsuit with the Idaho Attorney General.

The board held the executive session to discuss the expected lawsuit the attorney general plans to file.

Which is related to the May 15th closed door session the board held as regents to the University of Idaho to discuss the formation of a nonprofit for the U of I to purchase the assets of the University of Phoenix.

The Attorney General says the board violated Idaho’s open meeting law, and that the decision should be vacated, and meetings held publicly.

The board replied saying they consulted with the AG’s office “prior” to the meetings and that a deputy attorney general assigned to the board was there during the May meeting.

“I move to adopt the determination that no open meeting violation occurred at the boards may 15th 20-23 executive session and no cure is necessary. Dr Linda Clark--is there a second to the motion... Dr Dave Hill-- second the motion. Seconded by Dr. Hill.”

That motion was unanimously approved.

The other option the board had was to redo the meetings and have them open to the public.

The board instead stands behind their original decision.

Dr. Linda then added that legal council agrees that they didn’t violate the open meeting law during the session in question.

“The attorney’s engaged in this transaction determined that the exemption applied. Even now with the benefit of hindsight analysis we believe the exemption applies therefore no violation occurred and cure is necessary "

The board ended the meeting without discussing what is next.

The vote to stand behind it’s closed door meetings means pending litigation will most likely go forward. That could also mean taxpayers will be on the hook for both sides legal fees.