Programs that direct public money toward private schools of a family’s choosing or family accounts that can cover any education expenses outside the public school system are proliferating.
Parents say they have sought out these programs as a way to deliver an education customized to their children’s unique needs. Politicians championing them say they represent a lifeline for students trapped in underperforming schools. Critics argue the programs deprive public schools of much-needed resources and point out that many children now benefiting from private school choice funds were already attending private schools beforehand. Several private school choice programs are facing lawsuits alleging that they violate state constitutions.
Students taking advantage of private school choice represent a small fraction of the nation’s total K-12 population, but the numbers signing up for new state programs have sometimes exceeded projections.
This tracker provides a concise yet comprehensive snapshot of the private school choice landscape on a rolling basis. In our States to Watch section, we highlight states where new private school choice programs or other notable private school choice policy changes are under consideration. Our glossary defines common terms in discussions about school choice.
As of March 22, 2024, 29 states and the District of Columbia have at least one private school choice program, according to an Education Week analysis. Of those, 12 states have at least one private school choice program that’s universally accessible to K-12 students in the state.
States with at least one universal private school choice program
States with one or more private school choice program
School Choice Glossary
States to watch
An ongoing look at significant private school choice policy development:
Georgia:
Both houses of the legislature in March passed a bill that would offer education savings accounts worth $6,500 to students who spent at least two semesters in districts with overall test scores in the bottom 25 percent among districts in the state.
Families making below 400 percent of the federal poverty level would be eligible to spend ESA funds on tuition, fees, textbooks, tutoring, special education services, curriculum materials, and transportation. The aggregate amount awarded to families would not exceed 1 percent of the state’s overall investment in K-12 public schools.
Republican Gov. Brian Kemp has said he looks forward to signing a private school choice bill into law.
Kentucky:
Lawmakers in both houses in mid-March approved adding to the 2024 ballot a proposed constitutional amendment that would pave the way for private school choice. Gov. Andy Beshear, a Democrat, has vowed to campaign against approval of the measure if it ends up on the ballot. A 2022 effort to create private school choice programs in the state was struck down by the Kentucky Supreme Court.
Louisiana
Lawmakers in both houses are advancing similar bills that would eliminate one of the state’s existing voucher programs and establish an education savings account program worth up to 160 percent of the average per-pupil allocation of state and local funds the state’s schools receive, which is currently $4,015. The program would be available at first to students who previously attended public school, students who previously received school vouchers from the state, and students from families making below 250 percent of the federal poverty line. By the 2028-29 school year, all students in the state would be eligible. The Senate is expected to vote on the proposal in late March.
Mississippi:
State Rep. Rob Roberson, a Republican, on Feb. 19 filed legislation for education savings accounts available to all students in the state. He said he aims to “start a conversation” over school choice during the current legislative session. House Speaker Jason White, a Republican, has signaled support for a more limited voucher program available to students in the state’s lowest-performing schools. So far, Gov. Tate Reeves, a Republican, has only proposed adding $1.8 million to the state’s existing ESA program for students with disabilities.
Missouri:
The Missouri Senate on March 14 passed a bill that would expand eligibility for the state’s existing tax-credit scholarship program throughout the state. Previously, the program only provided for private school scholarships for residents of major cities whose family income was less than 200 percent of the federal poverty level. Those scholarships come from state-approved, scholarship-granting nonprofit organizations, and donors receive tax credits for their contributions to those groups. Under the Senate proposal, the annual cap on the total amount of tax credits offered to donors would also increase from $50 million to $75 million.
Nebraska:
A coalition of public school advocacy groups successfully petitioned to secure a spot on the November 2024 ballot for a referendum asking voters whether to repeal or maintain the state’s tax credit scholarship program, signed into law in 2023.
In response, Lou Ann Linehan, a Republican state senator, on Feb. 6 filed a bill that would essentially negate the ballot measure by eliminating the 2023 program and replacing it with a new one that sends $25 million in state funds directly to scholarship-granting organizations. Linehan also asked the Nebraska secretary of state, Bob Evnen, to remove the ballot measure altogether, but Evnen declined that request in early March.
If the question remains on the ballot, it would be the first electoral test of public support for private school choice since almost two-thirds of Arizona voters overturned a proposed ESA expansion in 2018.
Republican lawmakers in February also introduced a proposal for an education savings account worth $1,500. If passed, the program would be open to all private school students who submit an application, and it would launch in the 2025-26 school year.
South Carolina
The House of Representatives approved legislation on March 20 that would put the state’s education savings account program on track for universal eligibility starting with the 2026-27 school year. Currently, the program, set to begin in fall 2024, is open to a maximum of 5,000 of the state’s lowest-income students, though the cap will be raised to 15,000 students over the next several years. The state supreme court, meanwhile, is set to hear a challenge to the existing law in May.
Tennessee:
Gov. Bill Lee, a Republican, on Feb. 5 included $144 million in his proposed annual budget for an expansion of the state’s existing education savings account program. Starting in 2025, all students in the state would be eligible to apply for an education savings account worth roughly $7,000. The House and Senate are moving forward with two competing proposals for making the ESA program universal, though the details remain in flux.
Supporters believe all students in the state should have access to a program that’s currently only available in three urban counties. Critics argue the state should be more cautious with major new investments given its looming $600 million budget deficit, and that Lee’s proposal should spell out stronger accountability measures, like requiring participating students to take state exams.
Meanwhile, in January 2024 an appeals court revived a lawsuit from parents and community members arguing that the state’s education savings account program is unconstitutional. The case, previously dismissed by a lower court, is ongoing.
Wyoming:
Gov. Mark Gordon, a Republican, on March 22 signed into law an education savings account program worth up to $5,000 that will be available to all students from families below 150 percent of the federal poverty line. Gordon vetoed a portion of the bill that included smaller ESA amounts for families making up to 500 percent of the federal poverty level, arguing that the program must target the state’s lowest-income students in order to adhere to the state constitution.
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How to Cite This Page
Which States Have Private School Choice? (2024, January 31). Education Week. Retrieved Month Day, Year from https://www.edweek.org/policy-politics/which-states-have-private-school-choice/2024/01