MERIDIAN, Idaho — A new lawsuit is reigniting debate over who should — or shouldn’t — have access to taxpayer money to help cover the cost of private school tuition.
Pro-public school petitioners are taking their fight to the Idaho Supreme Court, asking it to block enforcement of House Bill 93, which is now state law.
They argue it violates the Idaho Constitution’s requirement to maintain a free and uniform public school system.
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HB 93, passed during the 2025 legislative session and signed by Gov. Brad Little, establishes a refundable tax credit for families who send their children to nonpublic schools.
Parents can receive up to $5,000 per student for tuition and other educational expenses, or $7,500 for students with disabilities.
“By diverting taxpayer dollars to private school tuition and fees, voucher subsidies create a second, separate system [that’s] funded by all Idahoans. But [it’s] free from accountability, free from transparency, and free from the oversight required from public schools,” said Cindy Wilson, the Idaho state director for Mormon Women for Ethical Government. Wilson spoke in support of the lawsuit.
Private school educators see the law differently. They say HB 93 allows families more freedom to choose what’s best for their children.
“As a Christian school educator, the families we’re able to touch and impact on this side and allowing them to have that choice to be able to work together, and the partnership we have— I think it’s amazing,” said Allen Howlett, superintendent of Cole Valley Christian Schools.
Cole Valley, the largest private school in the state, serves more than 1,000 students from early childhood through 12th grade. Howlett voiced his support for HB 93 during the legislative session.
“Our hope is that younger families, and families that might struggle financially to put their students in a school option, would have that option,” Howlett said.
Howlett added that he supports public education, but believes HB 93 makes private schools more financially accessible and could push all schools to improve.
Opponents of the law disagree, saying it would destabilize the state’s public education system.
“Private schools get taxpayer dollars without disclosing their curriculum, test scores, or even requiring background checks,” said Paul Stark, executive director of the Idaho Education Association. Stark spoke in support of the lawsuit.
Cole Valley Christian officials say the school has nearly doubled in size over the past five years, making it difficult to know whether HB 93 is affecting enrollment.
