The Past, Present and Future of School Choice Legislation in the States

With celebrations of National School Choice Week 2024 underway, join me for a look at the recent past, the dynamic present and the promising future of school choice in America. It’s so gratifying to see states redefining school access and education funding. They’re shaping a new narrative of empowerment for families and students who need options.  

In this post, explore 2023 milestones and the current legislative pulse. You’ll find a shared vision of expansive school choice echoing from state capitals to classrooms. 

The Past: How did states expand school choice last year? 

2023: The Year of Universal Parental Choice 

Last year saw incredible growth for parental choice. Eight states joined Arizona in adopting universal or near-universal programs. 

Florida made its already robust education scholarship account (ESA) program universal, giving eligibility to 3.1 million students. Indiana and Ohio expanded their school voucher programs to all or nearly all K-12 students. Oklahoma created the nation’s first universal refundable tax credit, allowing private school and homeschool families to be reimbursed for educational fees. North Carolina expanded its Opportunity Scholarship voucher program to all students eligible to attend public school, without income eligibility requirements. And, Arkansas, Iowa and Utah all created brand-new programs that also create universal eligibility, with an initial phase-in approach or funding caps. 

2023: The Year of Fair Funding and Equitable Treatment for Charter Schools 

Public charter schools, originally launched decades ago as a Minnesota-based experiment, have grown into more than 7,800 institutions across dozens of states, serving 3.7 million students. Despite their popularity, charter schools grapple with unequal funding and unfair treatment compared to traditional public schools. 

As public entities, charter schools offer families an alternative and tailored educational setting at no cost. But despite their popularity, a funding gap persists, with charter schools receiving only 81 cents for every public district school dollar—averaging out at $2,900 less per student across 24 states. 

Last year, we happily witnessed strides toward more equal funding for charter schools. Arkansas and Idaho launched loan programs to help charter schools secure facilities. Florida mandated fair revenue sharing, granting $56 million to 700+ charter schools in the legislation’s first year. Indiana ensured proportional distribution of property tax and referenda dollars across four counties, where 80% of the state’s charter students reside. North Carolina empowered counties to allocate property taxes for charter school capital needs. Ohio’s budget allocated $136 million more in per-pupil funding and $175 million for charter school facilities, marking a noteworthy commitment to address funding disparities. Nevada made $100 million available to charter schools through the state’s infrastructure bank and outside funding to set up revolving loan funds.  

These achievements underscore the dedication of policymakers to leveling the educational playing field and ensuring fairness for all students. 

The Present: Which states are moving school choice bills right now? 

As legislative sessions get underway, here is a look at the states and lawmakers advancing school choice bills so far this year: 

Florida Rep. Tomkow’s HB 1403 is already making progress, advancing through two subcommittee stops. This school choice bill is designed to establish deadlines for Student Funding Organizations administering the state’s education scholarship accounts (ESAs). It also merges the state’s HOPE Scholarship Program available to students experiencing bullying with the largest-in-the-nation Florida Tax Credit Scholarship Program.     

Kentucky Rep. Josh Calloway filed HB 208, which is awaiting action. This bill would amend the state’s constitution to allow low-income students to use school choice funding to attend private schools.   

Missouri is getting this year’s session started with several school choice bills. Sen. Andrew Koenig’s SB 727 passed through committee and awaits a reading before the full Senate. The bill would allow charter schools to operate in St. Louis, St. Charles and Boone counties, and it also would expand the Missouri Empowerment Scholarship Accounts program. In addition, Sen. Koenig’s SB 729, which establishes a tax credit for qualified educational expenses for private or homeschooled students, awaits a vote in the Senate Education Committee. 

The New Hampshire House Education Committee held a hearing on several Education Freedom Account (EFA) program expansion bills. Rep. Alicia Lekas’s HB 1634 would make the state’s education scholarship account program universal and HB 1665, with multiple sponsors, would expand eligibility for lower income families from 350% of the federal poverty level to 500% (approx. $156,000 for a family of four).   

South Carolina Gov. Henry McMaster announced his proposed 2024-25 state budget, which includes $30 million for the state’s Education Scholarship Trust Fund Accounts, funding that would support school choice scholarships for up to 5,000 eligible students.   

The Future: Which governors are setting the tone with visionary statements and bold actions? 

Gov. Kay Ivey has made clear her intentions to make Alabama “the most school choice-friendly state in the nation.” She has set her sights on an ESA program that would be open to all students.  

Gov. Brian Kemp encouraged the Georgia legislature to pass a strong school choice program this session. In his State of the State Address, he said, “I firmly believe we can take an all of the above approachhttps://www.ajc.com/education/get-schooled-blog/jeb-bush-school-choice-helped-florida-it-can-benefit-georgia-too/LITXB5AOW5EA3MKDLV3CHIISXU/ to education… whether it’s public, private, homeschooling, charter, or otherwise.” Our Chairman and former Florida Gov. Jeb Bush agrees that robust parental choice could benefit Georgia, too. 

Louisiana Gov. Jeff Landry is a proponent who, among other issues, campaigned on school choice. He has stated, “Parents should be empowered to decide how their child can best achieve their fullest academic potential because parents are the most important voice in a child’s education.” 

Mississippi Gov. Tate Reeves has been a longtime school choice advocate. In preparation for his second inauguration, Gov. Reeves set his sights on expanding the state’s school choice offerings. “We have seen tremendous progress when it comes to educational achievement levels in our state, and the obvious next step is more school choice,” he said.  

Tennessee Gov. Bill Lee announced the Education Freedom Scholarship Act of 2024, his statewide universal school choice proposal. “In the coming months, I look forward to working with Tennessee families and members of the General Assembly to accomplish this historic legislative initiative and establish Tennessee as a leader in providing choice for families while also striving toward the best public school system in the country,” he said in a statement.  

Gov. Greg Abbott has been a staunch proponent of school choice, unrelenting in his efforts to bring Texas its first private school choice program. Last year, he called no fewer than four special sessions to try to bring home a universal ESA program for Texas students. In Gov. Abbott’s own words, “Parents and their children deserve no less.” 

For school choice, the path forward is illuminated by visionary leaders committed to making their states exemplary models of opportunity for students. Governors like Kay Ivey, Brian Kemp, Jeff Landry, Tate Reeves, Bill Lee and Greg Abbott are more than elected leaders; they’re bold advocates for empowering families and transforming educational landscapes.  

As we navigate the dynamics of school choice legislation this year, I am confident the near future holds innovation and growth. Our journey continues forward, fueled by a collective commitment to ensure each and every student can access an educational experience tailored to their needs. 

Solution Areas:

Private Education Choice, Public Education Choice

Topics:

Charter Schools, Education Scholarship Accounts, Tax Credit Scholarships, Vouchers

About the Author

Tom Greene is the National Legislative Director for ExcelinEd in Action. In this role, he manages the organization’s advocacy team and works with leaders and lawmakers from across the states to promote student-centered solutions.