Idaho Code

Idaho Code § 33-301 (2026)

School districts bodies corporate. 

✓ current as of May 2026
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School districts bodies corporate. 

Each school district, now or hereafter established, when validly organized and existing, is declared to be a body corporate and politic, and in its corporate capacity may sue and be sued and may acquire, hold and convey real and personal property necessary to its establishment, extension and existence. It shall have authority to issue negotiable coupon bonds and incur such other debt, in the amounts and manner, as provided by law.

Notes of Decisions
Cited in 7 cases, 1974–2020 · leading case: Idaho Schs. for Equal Educ. Opportunity v. Evans, 850 P.2d 724 (Idaho 1993).
Idaho Schs. for Equal Educ. Opportunity v. Evans, 850 P.2d 724 (Idaho 1993). · cites it 8× “" This "unqualified grant of power ... carries with it all powers that are ordinarily incident to the prosecution and defense of a suit at law or in equity.”
Idaho Schs. for Equal Educ. Opportunity v. State, 97 P.3d 453 (Idaho 2004). · cites it 10× “Furthermore, the State did not create the venue for this current proceeding involving ISEEO in any more particular or specialized fashion than any other lawsuit in this state.”
Smith v. Meridian Jt. Sch. Dist. No. 2, 918 P.2d 583 (Idaho 1996). · cites it 2× “A school district, once validly organized and in existence, is a “body corporate and politic” and may sue or be sued, may acquire, hold, and convey real and personal property, and may incur debt as provided by law.”
ISEEO v. State, 97 P.3d 453 (Idaho 2004). · cites it 10× “Furthermore, the State did not create the venue for this current proceeding involving ISEEO in any more particular or specialized fashion than any other lawsuit in this state.”
Zattiero v. Homedale Sch. Dist. No. 370, 51 P.3d 382 (Idaho 2002). · cites it 2× “2d at 590 (citing I.C. § 33-301). Thus, because the School District is not an agency within the LAPA, the policy set forth in the Certified Schedule does not have the force and effect of existing law as suggested by Zattiero, and Zattiero does not point to any other statutory…”
Ass'n of Idaho Cities v. Dep't of Emp., 521 P.2d 1025 (Idaho 1974). · cites it 2× “§ 27-115; school districts, I.C. § 33-301.”
King Hutton v. Blaine Cnty. Sch. Dist. 61, No. 1:19-cv-00116 (D. Idaho Mar. 23, 2020). · cites it 2× “” Idaho Code § 33-301 . Thus, this factor weighs against immunity, albeit less so than the other factors.”
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