Idaho groups sue to stop taxpayer money from going to private schools

Hayat Norimine, The Idaho Statesman on Sep 17, 2025

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BOISE, Idaho — Public school advocates Wednesday announced plans to sue Idaho over a new state law that directs money to private school tuition and fees.

An alliance of groups, including the Idaho Education Association, at a news conference said it will file a petition in the Idaho Supreme Court that asks the justices to prohibit the tax credits established by House Bill 93. The bill, which the Republican-dominated Legislature passed earlier this year, allows families to apply for subsidies to attend private school. It allocates up to $50 million a year for those tax credits.

Often referred to as “school vouchers,” the system was heavily criticized by public school advocates who said Idaho already underfunds public schools, which are held accountable through state and federal standards.

The petition, a copy of which was obtained by the Idaho Statesman, argues that House Bill 93 violates the Idaho Constitution and its mandate to provide a “uniform, thorough and free” public school system.

“Diverting taxpayer funds to a disparate collage of private schools does not ‘establish and maintain’ or even promote a general uniform or common system of statewide education,” said Daniel Mooney, a Boise-based attorney who heads the Committee to Protect and Preserve the Idaho Constitution.

At the news conference at the Idaho Capitol, Mooney said the “school voucher subsidy bill” diverts public funding to institutions that aren’t held accountable or required transparency to the public.

Rep. Wendy Horman, R-Idaho Falls, who sponsored House Bill 93, told the Statesman that she’s confident the bill stands up against both the U.S. and Idaho constitutions.

The alliance’s lawsuit follows mounting legal challenges filed in several other states that have implemented similar systems for private school assistance. That includes lawsuits filed by teachers unions in three of Idaho’s neighboring states: Montana, Wyoming and Utah.

“Gov. Little said it best: We can have both in the state of Idaho. We can have a strong public education system and options for parents for whom that system doesn’t work,” Horman told the Statesman. “I care about all children in the state of Idaho, not just those in public schools. I believe we have presented a sound piece of legislation that will withstand a constitutional challenge.”

Those who joined the lawsuit include Mormon Women for Ethical Government, the Moscow School District and Rep. Stephanie Mickelsen, R-Idaho Falls.

The new law allows families to apply for the tax credits beginning in January 2026, which amounts to $5,000 per eligible student.

Some argued that students have a difficult time attending and or benefiting from private schools, in part because such institutions are concentrated around urban areas. Alexis Morgan, a 42-year-old mother of four in Eagle, said her child faced discrimination when Morgan applied for her to attend a private school.

Her daughter, who was in the third grade at the time, was rejected “because we were the wrong brand of Christian,” Morgan said.

Morgan told the Statesman that she’s a member of The Church of Jesus Christ of Latter-day Saints. “Countless” parents see their children excluded from private schools because of their religion, disability or academic scores, she said.

“From a public policy perspective, when taxpayer dollars support schools with discriminatory policies, we are crossing a line,” Morgan said.

Horman argued that some students also have a difficult time attending quality public schools. She said she views House Bill 93 as another way to support public education, by creating competition that would push schools to “step up to the plate” and be more responsive to parents’ needs.

Mickelsen, a Republican from the same legislative district in Idaho Falls as Horman, told the Statesman she overwhelmingly heard from her constituents that they opposed the bill.

Mickelsen said she expects backlash from her Republican colleagues and national groups who favored the tax credits, but that she made peace with facing consequences for “doing the right thing.”

“I have to live with myself at the end of the day, and that’s the most important thing to me,” Mickelsen told the Statesman.

Idaho Democrats celebrated the lawsuit and called out Republicans for their support of House Bill 93. Public money belongs “in public schools, which serve every child who shows up at their door,” Democratic Party Chair Lauren Necochea said in a statement.

“Taxpayer dollars come with a sacred responsibility to invest them with transparency and accountability,” Necochea said. “Voucher schemes fail on both counts.”

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