The big news: Idaho is one step closer to understanding whether the state’s new private school voucher program is constitutional after oral arguments in front of the state’s Supreme Court.
• Idaho Education Association joined other petitioners in questioning the constitutionality of the voucher tax reimbursement. The petitioners’ premise is that the framers of Idaho’s constitution intended to create one public school system — not two, one private and one public.
• The words in question are from Article 9, Section 1 of the Idaho Constitution: The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools.
Is there standing in this case?: Some members of the five-member Supreme Court appeared to take issue with the petitioners’ standing — in other words, do the petitioners have the legal right to bring vouchers before the court?
• “A speculative, or a hypothetical, injury is not enough,” Justice Colleen Zahn said to Marvin Smith, who represented the petitioners, including IEA. “And when I read the declarations of your clients, I don’t see where some of them allege a real injury. “
Language questions: The pro-voucher legal team, which included counsel for the state and the Idaho Legislature, argued that the Idaho Legislature can legislate on any topic unless there is a limitation specifically laid out in the Constitution.
• “They didn’t say anything about it or include any limitation or limiting language in giving the mandate to the Legislature to create, establish and maintain a system of public schools,” said Michael Zarian, deputy solicitor general of Idaho.
Do vouchers fit public purpose?: In his opening remarks, Smith said the voucher program violated the state’s public purpose doctrine.
• That principle requires any public funds distributed to private entities provide a direct, tangible benefit to the public.
• Justices questioned whether a ruling in favor of the petitioners could endanger funds like Idaho Launch, which awards grants for post-secondary training and education.
• Smith said that the lawsuit focuses on K-12 education and does not take programs like Idaho Launch into consideration.
Watch the oral arguments
See the entire proceedings from the petitioners' day in court.
Are private schools accountable to the state?: Justice Gregory Moeller pointed out that requiring standards for private schools, like accreditation or mandates to teach certain subjects like math and reading, might be construed as maintenance of a private school system.
• “You see the really thin line here,” he said. “I don’t know if it resolves the case or not, but when I look at a constitutional provision and it talks about maintaining a system of education — I’m just wondering what constitutes ‘maintaining,’ and if setting standards that they have to meet in order to qualify for the tax credit, if that is the equivalent of ‘maintaining.’”
What is IEA saying?: To those not used to such hearings, the justices’ questions may leave the impression that the pro-voucher forces won the day. Not true, says IEA Executive Director Paul Stark.
“It’s common for justices to ask probing and hard questions of the parties in oral arguments,” Stark said. “They want to fully understand all perspectives before rendering a decision. With such a limited hearing, the only way to do that is with direct and sometimes confrontational questioning.”
What’s next?: There is no firm deadline for the justices to deliver their ruling, which could arrive anywhere from next week to a few months in the future. Check IEA Reporter and IEA’s social media accounts for updates.
Don’t forget — May Matters: “Truly changing the landscape for public education will not be through the judicial system,” said IEA President Layne McInelly. “To provide lasting, durable protection for students and public education, we must have a pro-public education majority in the Idaho Legislature. And the best way for IEA members to help with that goal is getting involved with IEA’s May Matters campaign and voting for pro-public education candidates during the May 19 primary elections.”
