Three North Idaho families join legal fight to preserve parental choice tax credits

BOISE, Idaho — Eleanor Lobue and her husband spend roughly $40,000 a year educating their five school-aged children, navigating a complex web of public schools, private institutions, homeschooling and online programs to meet each child’s unique needs.

Now, the Lobue’s, a family in Hayden, is one of three Idaho families joining The Partnership for Educational Choice in a legal battle to preserve the state’s new parental choice tax credit program — a law that could provide them significant financial relief starting in January.

The lawsuit against the tax credit was filed on Wednesday, Sept. 17, filed directly with the Idaho Supreme Court by the Committee to Protect and Preserve the Idaho Constitution, Mormon Women for Ethical Government and the Idaho Education Association, among others, who argue that Idaho’s Parental Choice Tax Credit creates a separate education system that lacks the accountability and transparency requirements that are imposed on public schools. These groups argued that Idaho’s Parental Choice Tax Credit was unconstitutional. 

“Every child’s needs is so different, every child’s personality is so different, and our family believes that the choice for each individual child to meet those needs is paramount,” Lobue said. “It’s not just a one size fits all for each individual child.”

The Lobue’s moved to Idaho from California’s Bay Area in July 2020, drawn by the state’s education freedom despite knowing virtually nothing else about their new home.

“At the time, knew very little about Idaho other than that there was a lot of freedom in terms of homeschooling your children the way you deem appropriate,” Lobue said. “It was a big leap of faith for us to move because we actually knew no one in Idaho and had never been to Idaho prior to moving to Idaho.”

The family’s seven children range from age 1 to 17. Their five school-aged children currently attend five different educational settings: one attends public school full-time, split between a public charter and an alternative high school; two attend private school; one is exclusively homeschooled; and one participates in an online schooling program.

The variety stems from the children’s diverse learning needs. More than one of the Lobue’s children have learning disabilities and neuro divergence, Lobue said, requiring additional support and therapies.

“We were trying to find what would be the best fit for them that would also incorporate the therapies that they needed,” she said.

The family’s educational journey has not been without challenges. Lobue described exhausting battles with public school administrators over Individualized Education Programs (IEP’s) and appropriate support levels for her children.

“As a parent, it gets very tiresome fighting for the needs of your child and going through all the assessment process and all the IEP process and trying to figure out what is the correct support levels that your kids need,” she said.

Their oldest child, now 17 and thriving in public school, represents what Lobue calls a “true success story” — but only after years of cycling through private school, homeschooling, online programs and extensive IEP negotiations.

The family’s greatest expense comes from private school tuition for two children with learning disabilities, she added. 

“It’s a huge sacrifice for our family in order to send them there,” she said. “But we’re willing to do it because we’ve seen the benefits, especially for our older daughter, who’s going on her fourth year at that school.”

Idaho’s new parental choice tax credit program, set to launch in January, allocates $50 million for private education. Eligible families could receive up to $5,000 per student for private school tuition, homeschooling materials or tutoring services outside the public school system.

When Lobue first heard about the tax credit program passing the Idaho Legislature, her reaction was simple: “exciting.”

A lawsuit has been filed challenging the constitutionality of the tax credit program, seeking to block its implementation. The Lobue’s initially hesitated to join the legal fight.

“When you have a family as large as ours, and we prefer an anonymity, you don’t necessarily want to put yourself out there,” Lobue said.

But ultimately, she said, the family felt compelled to speak up.

“We’re just one of many, many families that feel that this is the right thing, that you need that support, and that the children deserve that support, and that parents should have the choice of where they want their children to go to school,” she said. “And that if it’s possible for them to receive assistance in that process, it should happen.”

The Lobue’s believe their diverse educational experience — having tried virtually every schooling option available in Idaho — makes them well-positioned to represent why parental choice matters.

“We had done all the different types of schooling out there, so we would be a good family to represent the various options that parents have,” Lobue said, “but also highlight why it’s so important for parents to have all the different options, because each child may benefit from a different option at different points in their lives.”

Lobue addressed critics who oppose using taxpayer funds to support non-public education options, arguing that appropriateness varies by child.

“If parents feel that the public school is an appropriate placement for their child, they will put their child in the public-school setting,” she said. “The truth of the matter is parents should have the first and primary decision making in deciding whether or not a placement is appropriate.”

She added: “You’re allowing parents to say, this is not an appropriate placement for my child, whether it’s because of learning issues or emotional issues, or whatever it is.”

The family’s ultimate goal extends beyond their own children.

“I think public school education has its place as does private school education, as does homeschooling,” Lobue said. “I think they are all important avenues in order to educate children.”

She said providing appropriate educational placements early creates long-term societal benefits.

“Our ultimate goal in educating children is to create happy, well-adjusted members of society,” she said. “And if we begin that in the earlier years, and we give the children what they need when they need it, we are going to have happier, better adjusted adults in our society.”

Original Article

Aspen Shumpert | 10/01/25