A group of public education advocates is suing to block a new Idaho law that would use $50 million of taxpayer money for residents’ private school tuition.
The Idaho Education Association, Mormon Women for Ethical Government and others announced the lawsuit Wednesday morning at the Idaho Capitol, saying the law violates the state constitution.
Specifically, Article IX, Section 1 of the Idaho Constitution requires the legislature to “establish and maintain a general, uniform and thorough system of public free common schools.”
“These 14 words are simple, yet profound,” said Daniel Mooney, president of the Committee to Protect and Preserve the Idaho Constitution, another group who backs the lawsuit.
Paul Stark, the executive director of the Idaho Education Association, the state’s largest teachers union, said much of what happens in classrooms each public school day is dictated by Idaho legislators.
“Yet under this voucher subsidy scheme, private schools get taxpayer dollars without disclosing their curriculum, test scores or even requiring background checks,” Stark said.
The text of the lawsuit, which is expected to be filed with the Idaho Supreme Court Wednesday, was not immediately available.
Earlier this year, Republican lawmakers passed House Bill 93, which allows parents to claim a credit up to $5,000 per child on their personal income tax returns to cover private school tuition, among other expenses.
That includes tutoring, college entrance exams and advanced placement tests.
The amount increases to $7,500 for children with special needs.
Initially, the program will prioritize lower-income families earning below 300% of the federal poverty level. That’s about $96,000 for a family of four.
But beginning in 2027, those who’ve previously received the tax credit will be first in line.
Allowing tax dollars to subsidize private school tuition for Idaho students isn’t supported by a majority of voters in the state.
Boise State University’s annual public policy survey found 53.3% of respondents opposed the idea compared to 38% who supported it.
Public testimony submitted to a legislative committee in February skewed 10-1 in opposition to House Bill 93.
More than 32,000 people urged Gov. Brad Little to veto the measure out of roughly 37,000 calls and emails his office received at the time.
Rep. Wendy Horman (R-Idaho Falls), who sponsored the bill, said she believes the law fully complies with the state and federal constitutions and welcomes the opportunity to prove that.
"The United States Constitution calls for an army, but it doesn’t prohibit an Air Force. Our constitution calls for a general uniform and through system of free common public schools and does not prohibit other options for families for whom that system does not serve their children well," Horman said Wednesday in a text message.
Chris Cargill, president of the conservative Mountain States Policy Center think tank that supported it, blasted the lawsuit in a blog post.
Cargill said the groups, which also include the Moscow School District, are “on the wrong side of history.”
The “lawsuit is a slap in the face to families, a waste of taxpayer dollars, and a cynical attempt to keep parents in their place. Idaho families deserve better,” he wrote.
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