In Nampa Classical Academy v. Goesling, (9th Cir., Aug. 15, 2011), the 9th Circuit held that the school, as a government entity, cannot bring an action against the state, but a teacher does have standing to pursue the claim. The court went on to hold, however, that:
The First Amendment’s speech clause does not, however, give Idaho charter school teachers, Idaho charter school students, or the parents of Idaho charter school students a right to have primary religious texts included as part of the school curriculum. Because Idaho charter schools are governmental entities, the curriculum presented in such a school is not the speech of teachers, parents, or students, but that of the Idaho government. The government’s own speech is exempt from scrutiny under the First Amendment’s speech clause.Judge Rawlinson concurred only in the result.