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BOISE -- A judge will hear arguments early next year on whether Idaho's school fees are unconstitutional.

Russell Joki, a former Nampa Schools Superintendent and teacher at the University of Idaho, sued the state in October in Ada County's 4th District Court contending that school fees for some classes, supplies and activities violate Idaho's constitutional promise of a free public education.

Last week Joki asked Judge Lynn Norton to issue a summary judgment -- deciding the case without a trial -- in his favor, and the judge will hear arguments on that motion Jan. 10.

The state has also filed a motion in the case asking that the lawsuit be dismissed. Attorneys for the state contend that Joki must first sue individual school districts before he can sue the state.

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