BOISE, Idaho — Earlier this year, Governor Brad Little signed House Bill 93 into law. That is the Parental Choice Tax Credit. Defenders of public schools call it a voucher subsidy. They don't like it. So much so, they are taking their case to the Idaho State Supreme Court.
On what's known as Constitution Day, an alliance of pro-public education organizations says they're committed to defending Idahoans against unconstitutional overreach by the State of Idaho.
Idaho House Bill 93, now a law, establishes a refundable tax credit for parents of K-12 students to use for non-public school expenses, such as tuition and tutoring. The bill provides up to $5,000 per student or $7,500 for students with disabilities.
Daniel Mooney, president of the Committee to Protect and Preserve the Idaho Constitution, says it's simply government not listening to the will of the people and doing what they think is right for the people. "From our perspective, it couldn't be clearer. Politicians are very creative these days, but the constitution has 14 words that don't require any creativity to interpret, and that's why we're going to the Idaho Supreme Court."
"It shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools." - Article IX of the Idaho State Consitution
One politician, House Majority Leader Jason Monks, who supports HB 93, is not surprised by Wednesday's announcement.
I asked Monks about those 14 words in the Idaho Constitution.
"We provide [public education]. You can go to any public school you want to," said Monks. "Doesn't say we can't do anything else."
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Paul Stark, executive director of the Idaho Education Association, says he's in favor of school choice but not at the expense of taxpayers. "We very much are in favor of school choice and school options. Idaho has some of the greatest numbers of choices possible right now. The difference is when taxpayers' dollars go to fund private religions without any accountability. I should say private schools that are mostly religious."
Monks responded. "You know, I find that argument the funniest one of all," said Monks. "I donate to my church. I get a tax credit for that. It's a tax credit for parents who don't educate their kids within the current public school system."
Daniel Mooney feels confident the Idaho Supreme Court will rule in their favor. "Depending on what the Supreme Court says about the current law and the current language of our constitution, I think it's going to be very difficult for them to get around that language."
Monks disagrees. "I'm really confident the Supreme Court is going to see this is a tax credit administered by our tax commission."
