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Idaho Supreme Court Says It Will Hear Voucher Suit

IEA and other petitioners are questioning the constitutionality of Idaho’s program.
IEA Executive Director speaks at podium at a press conference. Idaho Education Association
Published: December 19, 2025

The big news: Idaho Education Association, along with a coalition of other petitioners, will soon make its arguments before the state’s highest court.  

• The Idaho Supreme Court on Friday confirmed it will hear oral arguments in the lawsuit  Jan. 23.  

• IEA and other petitioners brought the lawsuit forward in September to determine, once and for all, whether the state’s new private school voucher program is constitutional.  

Why it’s important: “This is an encouraging development for IEA members and all others who want to see public money kept in public schools,” said IEA Executive Director Paul Stark. “By agreeing to hear arguments, we believe the Supreme Court may have serious questions about the constitutionality of such efforts. We are extremely excited for IEA members to have their day in court.” 

What the lawsuit says: The coalition’s argument is fairly straightforward and hinges on the actual text of the Idaho Constitution:  The Constitution requires lawmakers to “establish and maintain a general, uniform and thorough system of public free common schools.”  

• IEA maintains that vouchers create a taxpayer-funded system that is neither general, uniform, nor free. 

• The Supreme Court’s decision will have a massive impact on the current program and any future voucher efforts.  

Stay tuned: Follow IEA Reporter for the latest on the lawsuit — we’ll have updates as they happen.  

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We are Idaho's public school educators.

As Idaho's largest labor union, we advocate for Idaho's education professionals and work to unite our members and the state to realize the promise of a public education that prepares every student to succeed. Together, our voice is stronger.