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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Charter school loses appeal

Jessie L. Bonner Associated Press

BOISE – A federal appeals court has upheld the dismissal of an Idaho charter school’s lawsuit against state officials who barred use of the Bible and other religious texts as a teaching tool in the classroom.

The 9th Circuit Court of Appeals affirmed the previous ruling against the now-defunct Nampa Classical Academy, in a decision earlier this week. The Idaho Public Charter School Commission closed the academy last year, citing troubled finances.

The founders of the charter school tangled with Idaho officials over the use of the Bible and other religious texts shortly after opening in August 2009 with more than 500 students in southwestern Idaho. The academy filed a federal lawsuit against Idaho officials in September 2009.

U.S. District Judge Edward Lodge dismissed that lawsuit, determining the ban did not violate the school’s rights. The academy challenged that ruling in the 9th Circuit, which issued a decision against the charter school on Monday.

The appeals court found that Lodge erred in concluding that Nampa Classical Academy founder Isaac Moffett lacked capacity to sue the state. But it rejected Moffett’s argument that the First Amendment gave the charter school the right to use religious texts in the classroom.