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School Choice & Charters Tracker

Which States Have Private School Choice?

Vouchers, ESAs, tax-credit scholarships: State-funded programs that let parents direct their children鈥檚 education are growing
By Libby Stanford, Mark Lieberman & Victoria A. Ifatusin 鈥 January 31, 2024 | Updated: September 25, 2024 4 min read
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Programs that direct public money toward private schools of a family鈥檚 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鈥檚 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.

69传媒 taking advantage of private school choice represent a small fraction of the nation鈥檚 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.

Twenty-nine 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.   

21     States have tax-credit scholarships

16     States have education savings accounts

10     States and the District of Columbia have vouchers

2     States have tax-credit education savings accounts

States with at least one universal private school choice program

States with one or more private school choice program

School Choice Glossary

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Education Savings Account (ESA)

Education savings accounts provide public per-pupil funds鈥攐ften a percentage of per-student state funding鈥攖o families with children who don鈥檛 attend public schools that they can use to pay for private school tuition or other education expenses, such as tutoring and homeschooling supplies. Some states restrict ESAs or specific ESA programs within the state to students with disabilities, students attending schools with poor performance, and/or students from low-income families. Recently, more states have begun adopting universal ESAs, which all families can access regardless of income, disability status, or any other qualifying factor. ESA funds are generally given directly to families, often in the form of debit cards with restrictions on how the money can be spent. While ESAs and vouchers are often used interchangeably, what sets ESAs apart from vouchers are that they can be used for a wide array of education expenses, not just private school tuition. (See EdWeek's 2023 explainer on ESAs.)


Voucher

School vouchers describe public funds that families can use at private schools of their choice, including those that are religious, to subsidize the cost of student tuition. Many vouchers are restricted to students with disabilities, students attending poor-performing schools, and students from low-income families, but some states have vouchers that are available to any student. (See EdWeek's 2017 explainer on vouchers.)


Tax-Credit Scholarship

Tax-credit scholarship programs provide scholarships to families that they can use at private schools of their choice, including those that are religious. The scholarships most commonly come from state-authorized nonprofit organizations, which issue the scholarships out of donations that they receive from businesses or individual taxpayers who receive tax credits for those donations. Eligibility can be limited based on family income, disability status, or other factors, or it can be universal. (See EdWeek's 2024 explainer on tax-credit scholarships.)


Tax-Credit Education Savings Account

Tax-Credit ESAs are a less common form of ESA through which families receive a designated, per-pupil amount from a state-authorized nonprofit organization that administers the account. Families can use the funds to cover any educational expense, including private school tuition, tutoring, or homeschooling costs. Businesses and individual taxpayers receive tax credits for donations to those nonprofit organizations. (See EdWeek's 2024 explainer on tax-credit education savings accounts.)



States to watch

An ongoing look at significant private school choice policy development:

Colorado

Voters will on whether to enshrine in the state constitution 鈥渢he right to school choice,鈥 including traditional and charter public schools, private schools, and home school.

A lawyer for Advance Colorado, the conservative group behind the , submitted several text options for consideration, including one that included 鈥渢he right to direct per-pupil funding for their child to the schooling of their choice,鈥 the That language did not make it to the finalized version, and the ballot measure does not include any references to private school choice programs that provide parents with state funds to spend on private educational options.

Still, some critics of private school choice believe the decision to push the ballot measure could presage a bigger debate over private school choice in the state.

Idaho

Debbie Critchfield, the state superintendent of education, said on July 30 that she and Gov. Brad Little, a Republican, are working on a new school choice bill, . Both have previously said they don鈥檛 support diverting funds from public schools for private school choice. Earlier this year, a committee in the state House of Representatives a proposed $50 million tax credit and grant program for private school choice.

Kentucky

Lawmakers in both houses in mid-March approved adding to the 2024 ballot . Gov. Andy Beshear, a Democrat, is campaigning if it ends up on the ballot. A 2022 effort to create private school choice programs in the state was .

Nebraska

A coalition of public school advocacy groups for a referendum asking voters whether to repeal or maintain the state鈥檚 tax credit scholarship program, signed into law in 2023.

In response, and a that essentially negates the ballot measure by eliminating the 2023 program and replacing it with a new one that sends $10 million in state funds directly to scholarship-granting organizations to cover private school tuition.

Advocates who secured the referendum鈥檚 position on the ballot earlier this year that asks voters whether or not to repeal the new private school choice program.

On Sept. 13, the Nebraska Supreme Court to nix the ballot measure. Voters will weigh in this November.

Republican lawmakers in February also introduced a . 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. The bill has not advanced.

South Carolina

On Sept. 11, the state supreme court ruled that the state鈥檚 education savings account program, through which the state began disbursing funds to roughly 2,900 families earlier this year, is unconstitutional and must be halted immediately.

The state鈥檚 elected superintendent of education is weighing whether to appeal the decision, which could ultimately land before the U.S. Supreme Court. Proponents of the program could also push for a constitutional amendment to pave the way for spending public dollars on private education. The amendment would require voter approval.

The House of Representatives that would have put the state鈥檚 education savings account program on track for universal eligibility starting with the 2026-27 school year. But the Senate paused on passing a comparable bill to wait for the supreme court鈥檚 ruling.

Contact Information

For media or research inquiries about this data, contact library@educationweek.org.

How to Cite This Page

Which States Have Private School Choice? (2024, January 31). Education Week. Retrieved Month Day, Year from /policy-politics/which-states-have-private-school-choice/2024/01

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