School choice legislation first bill introduced in Idaho House this year

Legislation to create a broad school choice program is the first numbered bill in the Idaho Legislature this year.

House Bill 1 would establish the Idaho Parental Choice Tax Credit, granting a refundable credit of up to $9,500 per student.

According to the proposal, the money could be used for “qualified expenses” including private school tuition, tutoring, fees for college assessments such as the SAT and ACT, textbooks, curriculum and transportation. The legislation also specifically states micro schools or learning pods that provide academic instruction are included. 

The bill comes less than a week after Gov. Brad Little called for an additional $50 million to expand school choice in his State of the State address.  

Rep. Clint Hostetler, R-Twin Falls, introduced HB 1, which must work its way through the Republican-controlled chamber and then the Senate if it passes, before reaching Little’s desk. Republicans hold supermajorities in both chambers, increasing the likelihood school choice will pass. 

If approved, the legislation would represent a major expansion of choice in the state. As proposed, the legislation’s $250 million cap would allow for at least 23,315 scholarships – and more, if some don’t receive the maximum tax credit amount. 

Idaho currently has a small school choice program for low-income families that can be used to pay for expenses such as textbooks and therapies, but not private school tuition. The new legislation would change that. 

The bill also includes language specifying private schools accepting school choice funds “shall not be required to alter (their) creed, practices, admissions policy, or curriculum in order to accept students whose payment of tuition or fees stems from a refundable tax credit.” 

The Supreme Court has ruled parent-designated funds from a tax credit account are not government money, meaning schools that receive them are not considered publicly funded and do not have to comply with the same government mandates as public schools. 

Hostetler called his proposal “the ‘gold standard’ for school choice,” on X because it provides flexibility in how the funds are spent and doesn’t contain income limits for families.  

“Let our parents keep their tax dollars to invest in their children’s education the best way they see fit. If implemented, this can force the change needed to bring competition and accountability to what many believe is a broken system,” the first-term legislator wrote. 

Bills can be changed or amended during the legislative process and sometimes get held up in committee, but Little has come out in favor of school choice, meaning he would likely sign the legislation if it reaches his desk. 

The Legislature is in session now through April 10.