BOISE, Idaho — This story originally appeared in The Idaho Press.
A long-awaited school choice tax credit program was narrowly defeated Tuesday in committee after a two-hour emotional debate.
The House Revenue and Taxation Committee voted 10-7 to hold HB 447 in committee, effectively killing the bill this session. The bill has generated strong lobbying support from the national organization American Federation for Children.
Rep. Wendy Horman, R-Idaho Falls, sponsored the $50 million bill, which would have provided a refundable tax credit for up to $5,000 per student, or $7,500 for special education students, for families to spend on qualified expenses, including tuition, for K-12 private schools.
There would also be a grant for $5,000 to participate in the tax credit program for parents who might not be able to pay the money upfront before it can be refunded; the grant program would be capped at $10 million and distributed on a first-come, first-served basis.
Horman and co-sponsor Sen. Lori Den Hartog, R-Meridian, unveiled their plan for the tax credit before the session began at an event in January, Idaho EdNews reported.
Horman told committee members that she ran for office because of her support for education, and that includes for non-public-school students. She said the pandemic spurred many families to seek options outside the public schools in Idaho.
“The issue of school choice is at the dead center of the electorate,” Horman said. “This is not a fringe idea. This is not an extremist position. It's not radical. It’s centrist.”
She argued that worries that the program would balloon out of control were unfounded because it is capped at $50 million and it would take the full Legislature to increase that spending. She also said the bill wouldn’t reduce funding for public schools. Many in opposition highlighted other states’ programs that had originally been capped but grew because of high demand.
She also said the bill wasn’t being brought because of out-state interests.
“I came here with this desire in my heart,” Horman said.
The bill has the support of the Texas-based American Federation for Children, which works to advocate for greater school choice nationwide. The organization has reported spending more than $81,000 in Idaho on education issues last year through September, according to the Secretary of State data dashboard.
Those who signed up to attend Tuesday's meeting were nearly evenly split, with 21 attendees indicating support and 20 in opposition.
A number of private school families testified in support, saying that this would go a long ways to help them continue to afford sending their children to school.
Eagle resident Richard Lawton said his family spends about 20% on their income to send their two children to Cole Valley Christian School.
"If House Bill 447 was to be enacted, it would lift a large burden and ensure that our kids would be able to finish up their elementary and high school career at the wonderful school Cole Valley," Lawton said.
Andy Grover, executive director of the Idaho Association of School Administrators, opposed the legislation. He highlighted that these types of programs tend to go toward families who are already paying private school tuition, and wouldn’t necessarily add choice for new families. The program doesn’t have income-eligibility requirements, so the money could go to families who can already afford private school tuition.
He also said that sending money to private and religious institutions would “violate our core values of accountability,” as there’s no public reporting of the curriculum, outcomes, and schools are allowed to reject students.
Tammy Emerich, superintendent of Idaho Catholic Schools, supported the bill. She said the Catholic schools she oversees average higher scores on standardized testing than public schools, and that a lot of the families who go there could use the financial assistance.
“Many of our parents are making huge financial sacrifices to send their children to a school that aligns with their values,” she said. "I think that's what this parental choice is all about."
Tuition at Bishop Kelly High School in Boise for a non-parish-supported student is $10,210, according to the website. Regular tuition at All Saints Catholic School in Lewiston is $6,074 for one student.
Rep. Kenny Wroten, R-Nampa, asked Emerich about a newsletter she sent out that supported the bill, saying it had “no strings attached.”
She said that because the bill doesn’t require certain standardized tests or curriculum, it means it doesn’t have “direct springs attached.”
Judy Halverson, from the United Women in Faith, said her group opposes the bill because of its strong support for public education and the separation of church and state. She said there were concerns about what happens with the funding if there is not enough revenue to pay for public and private educational systems.
Robbe Hart said he drives from where he lives in Emmett to Greenleaf every day to send his two kids to Greenleaf Friends Academy. Hart said he was tired of people telling him what rural families wanted, because he was one of those families and he supported the bill.
“I can tell you as a parent, I am more than capable of holding them (his children) accountable, and I'm very disappointed for somebody to question Idaho parents," Hart said. "... I would ask y'all to stop taking a guided tour, and get out there on the highways and the byways and see what we think."
Horman said there are approximately 40,000 students who don’t go to public school in Idaho, with roughly 17,000 in private schools and about 30,000 homeschooled.
In her closing, her voice trembling, she argued that addresses and economic statuses shouldn't determine educational outcomes.
“Too often our neighborhoods are divided along racial and economic lines,” she said. “Students pay the price for that, because their parents can't afford the mortgage or the rent in the neighborhood where the great school is."
In 2023, the Legislature passed a bill requiring all school districts to adopt open enrollment, meaning Idaho students may go to any school.
Rep. Doug Pickett, R-Oakley, made a motion to send the bill to the floor with a “do pass” recommendation. He said he appreciated the options it would add for rural Idahoans.
Rep. Stephanie Mickelsen, R-Idaho Falls, made a substitute motion that the bill be held in committee. Immediately, Rep. Jeff Ehlers, R-Meridian, made an amended substitute motion to send the bill to the floor with no recommendation. Only three total motions can be made before voting.
Rep. Judy Boyle, R-Midvale, said she was “very much” in support of the bill.
“I don’t understand the problem with competition in education,” Boyle said. "All these arguments I've heard for years against charter schools from the exact same people. Parents are also taxpayers. We need to remember that."
House Assistant Minority Leader Lauren Necochea, D-Boise, said adding $50 million to public education spending could do a lot of good for the system, and argued the bill would not really expand access.
“Kids have access to K-12 today, with this bill, they would have access to K-12,” she said. “We're just replacing private dollars with public dollars by doing this subsidy.”
She also had concerns over the lack of oversight on private institutions.
Rep. Jon Weber, R-Rexburg, said that as he’s heard the economic outlook and how the revenue is projected to decrease, it would not be “fiscally responsible” to pass the bill. He added that HB 521, the sweeping school facilities and tax bill, would reduce income through a tax cut and increase spending.
Wroten said he had concerns that either the credit would primarily go to people who already are in private schools, which wouldn’t expand school choice for others, or it would go to people who might pull their children from public schools, and thus decrease the funding allocated to those schools; Idaho distributes school funding based on average daily attendance.
Rep. Rick Cheatum, R-Pocatello, said his rural schools still have huge needs that aren’t being addressed, such as a lack of counselors and resources to help students with special needs.
The first vote on whether to send HB 447 to the floor with no recommendation died in an 8-9 vote.
The vote to hold the bill in committee passed 10-7, with Rep. Dustin Manwaring, R-Pocatello, voting to hold the bill after he previously voted to send it to the floor with no recommendation.
Another school choice bill is expected to be introduced in the Senate that would add private school tuition as an eligible expense in the existing Empowering Parents program.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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