US EditionSupreme Court upholds private education tax credit
Idaho Supreme Court unanimously ruled House Bill 93 constitutional, supporting tax credits up to $5,000 per child for private education expenses, including $7,500 for disabled students.
- On February 5, 2026 the Idaho Supreme Court upheld the state's private education tax credit, with Chief Justice G. Richard Bevan writing the opinion.
- A coalition including the Idaho Education Association and Moscow School District challenged HB 93, arguing it violates Article IX Section 1 of the Idaho Constitution, but the court rejected their claim.
- Judges questioned whether petitioners had standing, calling alleged injuries `hypothetical and speculative`, and the opinion said an `unduly restrictive` reading would disregard the Legislature's `plenary power`.
- The court denied the petition and awarded attorney fees to the Idaho State Tax Commission, keeping House Bill 93 in effect as more than 3,300 families registered on Jan. 15.
- The court said the impact of House Bill 93 will be learned over time, with 5,000 families applying by mid-January, and Justice Moeller noted it is not a `landmark` decision.
11 Articles
11 Articles
AFP-Idaho Hails State Supreme Court Ruling Upholding Parental Choice Tax Credit
Boise, ID — Americans for Prosperity–Idaho (AFP-ID) hailed the Idaho Supreme Court’s decision today to uphold the state’s $50 million Parental Choice Tax Credit in a victory for education freedom in the Gem State. The court rejected arguments from a coalition of opposition groups that claimed the tax credit violates the state’s constitution, affirming that parental empowerment and choice are essential for a healthy education system. The tax cr…
Idaho Capital Sun
Idaho Supreme Court upholds private education tax credit
The Idaho Supreme Court hears oral arguments in front of a packed courtroom on Jan. 23, 2026, in Boise. (Photo by Sean Dolan/Idaho EdNews)This story was originally published by IdahoEdNews.org on Feb. 5, 2026. The Idaho Supreme Court upheld the state’s private education tax credit Thursday. The five-member court unanimously agreed that challengers failed to show the Parental Choice Tax Credit violates the state constitution’s mandate that the L…
Supreme Court upholds private education tax credit
Originally posted on IdahoEdNews.org on February 5, 2026 by Ryan Suppe, IdahoEdNews.org BOISE, Idaho — The Idaho Supreme Court upheld the state’s private education tax credit Thursday. The five-member court unanimously agreed that challengers failed to show the Parental Choice Tax Credit violates the state constitution’s mandate that the Legislature fund public schools. The credit is Idaho’s first private school choice program, enacted last yea…
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