September 2024: AESA State Examiner

Current Ed Choice Landscape

Private school vouchers and other education choice options have become increasingly prominent in the national discourse on K-12 education reform. In fact, since 1993, over 181 separate pieces of legislation have been passed and enacted across the United States dealing expressly with private school choice (in addition to charters and other school choice options). These initiatives, which include voucher programs, education savings accounts, and tax-credit scholarships, aim to provide families with alternatives to traditional public schools.

Proponents argue that these options promote competition, improve educational outcomes, and empower parents to choose the best educational environment for their children. However, critics contend that such programs divert crucial funding from public schools and may exacerbate educational inequities.

As these initiatives gain traction across various states, it is imperative for educators, policymakers, and the public to closely monitor the evolving landscape of education choice policies and their potential impact on the broader public education system.

Private School Vouchers

According to a recent analysis by Education Week, twenty-nine states and the District of Columbia have at least one private school choice program. Of those, 12 states have at least one private school choice program that's universally accessible to all K-12 students in the state (MT, AZ, UT, OK, IA, AR, IN, OH, WV, AL, NC, FL).

An additional 10 states and the District of Columbia have less expansive voucher programs (UT, OK, WI, LA, MS, IN, OH, MD, NC, GA, DC, PR); while 21 states have tax-credit scholarships (MT, NV, AZ, SD, IA, NE, UT, KS, AR, OK, LA, IN, OH, PA, VA, AL, SC, GA, FL, NH, RI); 16 have education savings accounts (MT, WY, AZ, UT, IA, LA, AR, MS, TN, AL, GA, FL, IN, WV, NC, NH); and 2 have tax-credit education savings accounts (MO, FL).

Those states without private school choice programs include Alaska, Hawaii, Washington, Idaho, Oregon, California, North Dakota, Colorado, New Mexico, Texas, Illinois, Kentucky, Michigan, Vermont, New York, Massachusetts, New Jersey, Connecticut, Delaware, and Maine.

Legislative Monitoring on Private School Choice

During the current legislative session, the National Conference of State Legislatures has identified 420 bills in 42 states that deal with school choice. These include a multitude of options including charter schools, vouchers and related options.

As it relates to private school choice specifically, however, according to the Education Commission of the States 50-state database, 39 bills in 23 states were passed and enacted in 2024 and one bill was vetoed. Importantly, there are still 51 private education choice focused bills still pending across the country including in states that don’t currently have those programs in place.

Of the bills introduced, there were also 130 bills that failed sine die. Meaning, that the legislature adjourned for the session without setting a future meeting date. These are bills that are often reintroduced in subsequent legislative sessions and public school advocates should monitor their respective states closely to see what bills re-emerge when their state legislatures reconvene.

Issues to Watch

As private school choice continues to expand, there are practical and legal implications and the issues outlined below are situations to be monitored as they can find their way into other states as well:

• Colorado Has Private School Choice on the Ballot. Colorado voters will decide whether to enshrine in the state constitution that all students “have a right to school choice.” If “yes” prevails, examples of school choice mentioned in the new addition to the constitution would include “neighborhood schools, charter schools, private schools, home schools, open-enrollment options, and future innovations in education.” The initiative needs support from 55 percent of voters to pass. As outlined above, Colorado does not currently have any private school choice programs in place.
• Ohio Funding Private School Facilities to Accommodate Growing Numbers. Ohio offers residents vouchers to attend private religious schools, a program it launched in 1997. But this summer, the state made history by offering grants directly to religious schools for renovating and constructing buildings to welcome even more students. Ohio first offered limited vouchers 27 years ago to students exclusively in Cleveland Municipal School District so they could find alternatives to some of that city’s poorly funded and underperforming public schools. But in 2023, Ohio made its voucher program “universal,” giving tuition vouchers to any family that makes up to 450% of the poverty line ($150,000 for a family of four). Last year, the voucher program educated 20,142 students at a cost of $993.7 million. That’s up from the $383.7 million Ohio spent on private religious education the year before, according to the Dayton Daily News. Most of these funds went to families with students already enrolled in private schools, many of whom have never entered a public school building. Now the Republican-dominated legislature is arguing that private schools need facility support to accommodate the growth, a benefit not available to all public school entities including educational service agencies.
• Kentucky Voters to Weight in on Private School Choice. Voters will decide whether to amend the state constitution to explicitly allow the state to fund education options outside the public school system. The initiative needs a simple majority of votes in favor to pass.
• Nebraskans Can Vote to Eliminate Private School Choice. Voters will decide whether to retain or repeal the state’s newly passed private school choice program, which allocates $10 million a year for parents to spend on a wide range of private educational expenses. A simple majority will determine the existing law’s fate. This statewide initiative is the only one on any state ballot this fall that could, depending on the outcome, immediately eliminate an existing private school choice program.

Resources

For more information on enacted or pending legislation and issues coming from the states, check out the following resources:

• Education Commission of the States Policy Watch List: https://www.ecs.org/state-education-policy-watch-list/
• Education Week Vouchers Explained: https://www.edweek.org/policy-politics/private-school-choice-in-the-2024-election-explained/2024/09
• National Conference of State Legislatures Searchable Database: https://www.ncsl.org/education/pre-k-12-education-legislation-database