Partnership defends Idaho school choice tax credit against legal challenge

The Partnership for Educational Choice, a collaboration between the Institute for Justice and EdChoice, has taken legal action to defend Idaho’s new educational choice tax credit program. The move comes in response to a lawsuit filed by the Idaho Education Association (IEA), which challenges the recently established initiative.

Idaho Governor Brad Little signed the refundable tax credit bill into law in February, marking the creation of the state’s first school choice program. Known as the Idaho Parental Choice Tax Credit, it began at the start of this school year. The program allows parents to receive up to $5,000 per eligible student for qualifying educational expenses, with an increased amount of up to $7,500 available for students with disabilities.

The Partnership is representing three families—Rubi Dagostino from Nampa; Katie Demczyk from Post Falls; and Eleanor and Josh LoBue from Hayden—who plan to use the tax credit when applications open in January 2026. These families intend to cover costs such as tutoring and tuition at schools that better meet their children’s individual needs.

Thomas Fisher, executive vice president and director of litigation at EdChoice Legal Advocates, stated: “The parents we represent aren’t asking for favors. They’re asking for fairness. The Idaho Parental Choice Tax Credit ensures that a child’s access to the right school isn’t determined by family income. We will fight to protect these families’ constitutional right to direct their children’s education from being taken away by a lawsuit that puts politics ahead of students’ needs.”

Eleanor and Josh LoBue have seven children, including a daughter on the autism spectrum who attends Wired2Learn Academy—a nonprofit treatment and learning center—and another child with dyslexia who requires additional support. In their declaration, they said: “A judgment taking away the program would impose a real financial burden on our family. It would be more difficult for us to be able to afford tuition for [our children] as well as the additional services and learning materials that we know greatly enrich our children’s learning experiences.”

Renee Flaherty, senior attorney at the Institute for Justice, commented: “These families are dedicated to defending their right to direct the upbringing of their children and the legislature’s generous choice to provide a means to do so. For over 30 years, parents across the country have successfully done the same.”

The case highlights ongoing debates about parental rights in education funding and how public policy can address diverse student needs.