Bill Description: House Bill 731 (H731) would opt Idaho into the federal tax credit scholarship program.
Rating: 0
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the tenth amendment. Conversely, does it restore or uphold the principles of federalism?
H731 would opt Idaho into the federal tax credit scholarship program, which would provide a tax credit to individuals to donate to nonprofit scholarship granting organizations that provide funds to private schools.
The tenth amendment of the US Constitution reserves to the states the exclusive authority over education policy. It is not within the federal government’s enumerated powers to promote education, even school choice. H731 directs the state department of education to comply with all requirements “under section 70411, P.L. 119-26 21, including any applicable federal regulations or guidance.” In effect, it incorporates federal statute into Idaho code, undermining Idaho’s sovereignty over its education policy.
It is worth noting H731 stipulates that eligible scholarship granting organizations must abide by the requirements of 70411, P.L. 119-21, which the federal government could leverage to indirectly regulate Idaho’s private schools with the state’s consent.
(-1)
Does it expand the government's bureaucratic monopoly on education, reduce family and student choice, or finance education based on an institution or system? Conversely, does it reduce government coercion in education, expand education choice, or finance education based on the student rather than the institution?
H731 would indirectly expand school choice by facilitating the establishment of scholarship granting organizations that would provide additional funding streams for Idaho’s private schools.
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