Supporters of privatizing education are about to change the Idaho Constitution and 130 years of education policy without going to a vote of the people. Instead, those who want taxpayers to fund private schools should take their case to the people and let them decide as the Constitution requires.

Idaho’s founders were clear when they adopted the Constitution that the Legislature should support public schools. In Article IX, Section 1 they wrote: “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.”

The Founders did not say the Legislature should fund private schools. They did not say the Legislature should fund religious schools. In fact, in two other sections of Article IX they specifically said no taxpayer monies should go to fund religious schools.

Yet on page two, line (b), House Bill 294 says that state funds can be used for “tuition or fees at private schools.” The U.S. Supreme Court ruled last summer that if a state spends funds on private schools it must also provide funding to religious schools, thus allowing House Bill 294 to undermine both the letter and spirit of the Idaho Constitution.

This attempt to undermine the Constitution is piggybacked on the popular Strong Families, Strong Students program Governor Little created last year to provide computers, internet service and tutoring to students during the COVID-19 pandemic.

If that’s all the bill did, we would support it. But the bill’s sponsors slipped in the private school tuition provision and made it sound like the bill was a harmless continuation of the Governor’s program. Several lawmakers and veteran reporters missed the bill’s real impact.

Supporters of House Bill 294 have some powerful allies like the Idaho Freedom Foundation which advocates for the abolishment of public schools. Another backer is “Yes. Every Kid” which is funded by the Koch Network, created by the billionaire Koch brothers. It is buying time on Idaho TV stations proclaiming how the bill benefits families. Of course, they don’t mention that it threatens the future of our public schools and violates the Idaho Constitution.

Instead of listening to out-of-state billionaires, legislators should listen to our founders and generations of lawmakers who clearly believed that the state’s responsibility is to fund public schools, not private or religious schools.

There is another reason lawmakers should listen to our founders. Idaho ranks last in the nation in spending per student and is already out of compliance with the Constitution’s mandate to fund a uniform and thorough public school system.

This shortage of state funding has caused local communities to raise their own property taxes by millions of dollars to ensure that their schools can operate. If the state cannot fund our public schools adequately, it makes no sense to divert badly needed state funds to support a private education system too.

Ultimately, the people of Idaho should decide whether to change the Constitution and fund private schools. That’s what our state’s founders intended, that’s what the Constitution says, and that’s what we should do. Not have the Legislature make an end run around the Constitution – or the people of Idaho.

 Jim Jones is the former Chief Justice of the Idaho Supreme Court and former Idaho Attorney General and Rod Gramer is president of Idaho Business for Education.