BOISE, Idaho — More than 4,600 Idaho families have applied for the Parental Choice Tax Credit, which allows families to receive up to up to $5,000 per student for "non-public school related expenses" — and up to $7,500 for students with disabilities. Now, the program faces a constitutional challenge as the tax credit is reviewed by the Idaho Supreme Court.
Opponents argue it drains resources from Idaho's public school system, while supporters say it simply returns tax dollars to families making educational choices outside the public system.
WATCH LIVE: Idaho Supreme Court hears arguments regarding Parental Choice Tax Credit
Boise parent Ryan Spoon, whose five children attend a private Christian school, said the financial aspect isn't his primary motivation.
"Whether there's government funding involved — that's irrelevant to us. We were going to make choices and make sacrifices as necessary to put our kids in a school that fit our values," Spoon said.
Spoon views the issue as one of parental rights over educational funding.
"My first response to those legislators and the teachers unions and the public school bureaucrats would be that: 'it's not your money. It belongs to the parents.' These are money that belongs to these taxpayers, and they are simply choosing where the money goes that is spent on their own child's education," Spoon said.
WATCH: Parent discusses how the Parental Choice Tax Credit affects them
The constitutional challenge centers on whether the tax credit conflicts with Idaho's obligation to fund public education. Former Attorney General David Leroy said justices will weigh both fiscal and legal considerations.
"The question is, is this unique tax policy giving credit for certain private school students contrary and unconstitutional as to the state's obligation under the Constitution to provide a thorough, uniform, and amply funded public school system? Or can both be adequate? Can it be a separate system?" Leroy said.
Democratic Representative Ilana Rubel, who opposes the program, calls the tax credit a drain on public resources during a time of budget constraints.
"We need this money more than ever for public education and the health care of Idahoans. This is $50 million going out the door to subsidize private school tuition while we're cutting money to children with disabilities and basic state needs. And in order to cover that expense, we are now cutting care to children with disabilities," Rubel said.
For Spoon, the credit reinforces a choice his family had already made independently.
"Is it nice to get our own tax money back? Yes. My battle has been to allow other people to make the same choice we already have the freedom to make," Spoon said.
The case challenging the Parental Choice Tax Credit was filed by the Idaho Education Association, several public school parents, and Republican Representative Stephanie Jo Mickelson. It names the Idaho State Tax Commission and the State of Idaho, asking the court to strike down the credit as unconstitutional, arguing it violates Idaho's requirement to fund a "uniform and thorough" public school system.
Attorneys defending the law say the legislature has broad authority to set tax policy and reimburse private education expenses.
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