The Idaho state legislature passed a $50 million plan to subsidize vouchers. The usual arguments for vouchers–choice and competition–don’t apply in a largely rural state. The primary beneficiaries will be wealthy families whose children are already enrolled in private schools. The biggest losers will be rural schools, which desperately need upgrades.

Parents in Idaho are taking their challenge to the state courts, based on the explicit language of the State Constitution. The editorial board of the Idaho Statesman agrees with the parents.

Here is its editorial on the subject:

“(I)t 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, Section 1, Idaho Constitution

A coalition of public school advocates announced Wednesday that it is asking the Idaho Supreme Court to rule that a refundable tax credit for families who send their kids to private schools is a violation of the Idaho constitution’s education clause.

We say it’s about time.

And just in time, since House Bill 93, which was passed last legislative session, allows families to start applying for the credits in January.

The law set aside up to $50 million for the tax credits.

We would much rather see that $50 million go toward the public education system, hiring more teachers, more counselors, repairing derelict school buildings and properly funding special education, which has an $80 million shortfall, according to the Office of Performance Evaluations.null

We have enumerated many times before the reasons vouchers for private schools is a terrible idea.

Most voucher schemes in other states started out like Idaho’s — small, limited and targeted. But state after state, the vouchers grew and are blowing holes in state budgets everywhere.

Many of these vouchers go to wealthy families who already have the means to pay for private school, and the vouchers merely subsidize part of the cost of a private school tuition.

The vouchers are open to fraud, waste and abuse.

There’s no accountability built into Idaho’s voucher system.

The Idaho Supreme Court won’t be interested in such policy discussions, but justices will be interested in hearing what we think is a valid constitutional argument.

One word, in particular, provides their best legal challenge: “uniform.”

In essence, by providing a refundable tax credit to families to send their children to a private school, the Legislature is establishing a second school system that isn’t the same as the public education system. It’s not uniform.https://f0fd809050f339b050a5948ada000ea9.safeframe.googlesyndication.com/safeframe/1-0-45/html/container.html?n=0

We are compelled by the testimony Wednesday of one mother who said her children were denied entry to a public school based on their religion. A public school can’t do that.

The argument is not without precedent.

A district court judge in Salt Lake City halted Utah’s education savings account programearlier this year, according to Idaho Education News. The state’s teachers’ union argued that the Utah Constitution bars state dollars from funding an education system that’s not free or open to all students.

The same could be said for Idaho’s voucher scheme.https://f0fd809050f339b050a5948ada000ea9.safeframe.googlesyndication.com/safeframe/1-0-45/html/container.html?n=0

In June, an Ohio state judge struck down that state’s voucher program, ruling that the program created a separate, unfunded, nonpublic system and funneled public money to private religious institutions. That, the judge ruled, violated constitutional mandates to fund a single public school system.

In 2024, the South Carolina Supreme Court struck down a 2023 law that created a private school voucher system. The court said the law illegally funneled state public funds to private schools, which is prohibited by the state constitution. The decision said vouchers undermine the state’s mandate to support public schools for all students.

We find it particularly appropriate that Idaho’s organizers announced this legal challenge on Constitution Day. Yes, it’s referring to the U.S. Constitution, but Idaho legislators should hold Idaho’s Constitution in equally high regard.

How we wish Idaho legislators would honor it all the time, not just when it’s convenient or when they want to change the constitution’s clear meaning to fit their agenda.https://f0fd809050f339b050a5948ada000ea9.safeframe.googlesyndication.com/safeframe/1-0-45/html/container.html?n=0

Where are all of Idaho’s “original meaning,” “not a living document” conservatives in this state when it comes to the state constitution’s education clause?

Because, if you read the Idaho Constitution plainly, vouchers just don’t pass muster.

Let’s hope the Idaho Supreme Court sees it the same way.

Statesman editorials are the opinion of the Idaho Statesman’s editorial board. Board members are opinion editor Scott McIntosh, opinion writer Bryan Clark, editor Chadd Cripe, newsroom editors Dana Oland and Jim Keyser and community members John Hess, Debbie McCormick and Julie Yamamoto