The Idaho Supreme Court Friday agreed to expedite a lawsuit challenging House Bill 93.

Last week, a coalition that includes the Idaho Education Association filed a petition asking the court to declare the state’s new private education tax credit unconstitutional.

On Friday, Chief Justice G. Richard Bevan signed an order granting the coalition’s request to expedite the case. The order directs state attorneys to respond to the petition by Oct. 10.

The tax credit is scheduled to launch Jan. 15. It allows families of non-public school students to claim up to $5,000 — or $7,500 for students with special needs — in tax credits covering private school tuition and other education-related expenses.

Along with the teachers’ union, the Moscow School District, two advocacy groups and several individuals have signed onto the lawsuit seeking to block the tax credit from taking effect.

The coalition argues that taxpayer funding for private education violates the Idaho Constitution’s requirement that the state “establish and maintain a general, uniform and thorough system of public free common schools.”

Boise State Public Radio first reported Friday’s Supreme Court order.

Ryan Suppe

Ryan Suppe

Senior reporter Ryan Suppe covers education policy, focusing on K-12 schools. He previously reported on state politics, local government and business for newspapers in the Treasure Valley and Eastern Idaho. A Nevada native, Ryan enjoys golf, skiing and movies. Follow him on @ryansuppe.bsky.social. Contact him at ryan@idahoednews.org

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