Private school choice is surging across the nation—but not without opposition, as many state-level programs are embroiled in court challenges.
Judges in several states are currently weighing or poised to weigh the legal and constitutional merits of programs—including vouchers, education savings accounts, and tax-credit scholarships—that fund private education with public dollars. (See our glossary for definitions of each form of private school choice program.)
Previous iterations of these lawsuits against state-level programs haven’t always been successful in their goals. Courts have offered a wide range of opinions on private school choice, endorsing some programs while striking down others. In some cases, state lawmakers have responded to the court-mandated termination of an existing program by creating a new one in its place with different parameters.
Still, private school choice advocates and critics alike are closely tracking the outcomes of these cases, which could have major effects on programs that collectively cost states billions of dollars each year. They could also lay the groundwork for legal debates around the federal private school choice tax credit, which will begin rolling out next year.
Here’s a look at the key cases and where they stand as of February 2026.
Arkansas
The program: Education Freedom Accounts
Who’s suing: Three parents of K-12 students in public schools
Why they’re suing: Plaintiffs alleged in a lawsuit filed in June 2024 that the state’s Education Freedom Account program—an education savings account approved as part of the state’s broader LEARNS Act legislation in 2023—illegally supplies private schools with funds meant for public schools.
What’s happened so far: State officials petitioned to have the case dismissed, but the state supreme court dismissed that request in December 2025. At the same time, the state supreme court ruled that three parents of students benefiting from the state’s ESA program have a right to participate as defendants.
What’s next: The case will return to trial court.
Florida
The program: Several ESA and tax-credit scholarship programs run by Step Up for Students, the state’s leading administrator of private school choice funds
Who’s suing: Seven K-12 private schools
Why they’re suing: Plaintiffs allege in a Feb.19 circuit court complaint that the organization’s persistent funding mistakes—including years-late and inaccurate payments to schools and families—have caused financial problems for schools trying to maintain services for students even when funding temporarily comes up short.
Idaho
The program: Parental Choice Tax Credit
Who’s suing: Two public education advocacy groups, the state teachers’ union, the Moscow school district, a former state superintendent of education, a current state lawmaker, and three other individuals
Why they’re suing: The nine plaintiffs allege the state is violating its constitutional commitment to “a general, uniform, and thorough system of free, common schools” by funding a separate set of schools that require students to pay tuition and can legally turn away students.
What’s happened so far: The conservative-leaning state supreme court—which includes four members appointed by Republican governors and one member who won a nonpartisan election—unanimously ruled on Feb. 5 against the plaintiffs, upholding the program and rejecting arguments that it’s unconstitutional. The case is essentially closed.
Missouri
The program: MOScholars
Who’s suing: The Missouri chapter of the National Education Association
Why they’re suing: The plaintiff argues in a July 2025 lawsuit that Republican Gov. Mike Kehoe’s approval of a $51 million investment in the program from the state’s general fund violates the state constitution. The program previously drew its funding from taxpayers’ donations to organizations that grant scholarships to students attending private school.
What’s happened so far: A circuit court judge held a two-day hearing in November 2025, where program directors revealed that funding for roughly 98% of the K-12 students using the program’s scholarship money this year came from the state’s general fund, rather than from taxpayer donations. The court has yet to issue a ruling.
Montana
The program: Special Needs Equal Opportunity Education Savings Account Program
Who’s suing: Two education advocacy nonprofits
Why they’re suing: Plaintiffs alleged in a January 2024 lawsuit that Montana’s new ESA program for students with disabilities illegally shortchanged public schools and provided public funds for schools that aren’t legally required to provide needed services.
What’s happened so far: A district court judge ruled in December 2025 that lawmakers failed to use a legal mechanism for appropriations to establish the program. That ruling blocked the program from operating, effective immediately, but a judge the following month allowed it to continue through the end of the current school year.
Ohio
The program: EdChoice vouchers
Who’s suing: A coalition of five school districts, two public school parents, and one advocacy group filed the initial lawsuit in January 2022. More than 300 school districts have since signed on to the coalition.
Why they’re suing: Plaintiffs argue that the state has prioritized investments in private school subsidies while simultaneously starving public schools of needed resources.
What’s happened so far: A county judge ruled in June 2025 that the program is unconstitutional but allowed it to continue while the case continues to play out. The state appealed the ruling and is awaiting a court hearing. Meanwhile, a Republican state lawmaker proposed legislation that would withhold state aid from schools participating in the lawsuit—then later amended the bill to dramatically reduce the amount the state would withhold.
Tennessee
The program: Education Freedom Scholarship
Who’s suing: A coalition of 10 public school parents, represented by the American Civil Liberties Union and education advocacy groups
Why they’re suing: Plaintiffs alleged in a November 2025 lawsuit that the program violates clauses of the state constitution that require adequate school funding that serves all students, and a single system of public schools.
Who’s suing: The Utah Education Association, the state teachers’ union and a chapter of the NEA
Why they’re suing: The plaintiff alleged in a May 2024 lawsuit that the program circumvents the constitutional requirement for the Utah State Board of Education to ensure that education funding goes to public schools.
What’s happened so far: A district court judge ruled in April 2025 that the program is unconstitutional but allowed it to continue until the state supreme court weighs in on the state’s appeal of the ruling.
Wyoming
The program: Steamboat Legacy Scholarship Program
Who’s suing: Wyoming Education Association, the state chapter of the NEA, along with nine public school parents
Why they’re suing: Plaintiffs alleged in a June 2025 lawsuit that the program violates constitutional requirements for a uniform system of public education and for restricting public funds to institutions under the “absolute control of the state” and for entities that require “necessary support for the poor.”
