School Choice Laws Advance in Five More States

Last year, 14 states signed 16 strong public and private school choice proposals into law, making it the year of universal choice. Yet policymakers are continuing this trend in 2024, as five state legislatures have advanced strong private school choice proposals so far. Notably, one of these proposals, Alabama’s CHOOSE Act, was signed into law, expanding the number of universal or near-universal private school choice laws to 11.

While strong school choice laws ensure that students can attend the school they choose free of charge, accessibility often remains a problem. Some states’ solution is  mandating that districts transport private school kids rather than giving parents options to receive transportation funding. Consequently, the transportation provided often doesn’t meet students’ needs. For instance, some states limit transportation to the area inside district boundaries or only provide it along existing bus routes.

Similarly, cross-district transfer students using open enrollment are not guaranteed transportation to their new school. In some cases, such as Colorado, state law lets school districts prohibit other districts from transporting transfer students across their boundaries.

Many families are willing to drive their children to schools that are a better fit. In fact, a new EdChoice report by Mike McShane reviewed polling data from a representative sample of more than 1,500 parents. Notably, 29% of respondents said they were willing to drive up to 20 minutes and 24% said they were willing to drive 30 minutes so their children could attend a school that was the right fit. Only four percent of parents said they would drive for no more than five minutes.

Unfortunately, not all students’ families can afford to provide their own transportation to the school that’s best for them. Some states, such as Florida, try to address this disparity by letting parents use their child’s education savings account to pay for eligible transportation costs. Similarly, in Wisconsin, the state can reimburse parents of students eligible for free and reduced-price lunch up to $1,218.54 in mileage expenses.

During the 2024 legislative session, both Florida chambers passed House Bill 5101, establishing a travel stipend for K-8 students attending a Florida public school other than their residentially assigned one.

Other states are also trying to eliminate barriers and make schools accessible to students. For instance, the Iowa House passed House File 2278, which would let receiving school districts travel two miles into other school districts to transport transfer students.

In Idaho, policymakers introduced H.B. 447, which aimed to establish a refundable tax credit valued up to $5,000 that parents could use to pay for transportation to a non-public school.

The proposals aren’t perfect, but they are steps in the right direction that make schools more accessible to students. As robust school choice policies become more common, policymakers need to reconsider traditional transportation models used in K-12 education and explore innovative options.

More State News

In other important education and school choice developments across the country, Alabama policymakers passed a major education savings account proposal, Tennessee’s Education Freedom Scholarship Act made legislative headway, and the Wyoming legislature passed an income-based ESA.

Alabama Gov. Kay Ivey signed the CHOOSE Act into law, establishing education savings accounts (ESAs) valued at $7,000 per student. Eligible students are supposed to gain access to these funds in 2025 and can use them to pay for approved education expenses, such as private school tuition. According to the bill, all Alabama students should become eligible to receive an ESA at the beginning of the 2027-28 school year.

In Tennessee, the Education Freedom Scholarship Act, which would establish a private school scholarship that could be used to pay for private school tuition, was approved by the state Senate’s education committee. The companion bill in the House was approved by the House Education Administration Committee. If signed into law, the proposal would provide 20,000 students with scholarships. Gov. Bill Lee said he supports the proposal.

The Wyoming legislature approved H.B. 116 which would establish education savings accounts. All students can apply for scholarships, but the amounts are based on families’ income. NextSteps’ Travis Pillow reported that students whose families income is 150% of the federal poverty level would be eligible for scholarships valued at $6,000, while students from families whose income was 500% of the federal poverty level would be eligible for scholarships valued at $600.

A constitutional amendment aiming to make private school choice laws constitutional was approved by the Kentucky House and Senate last week. This amendment is needed because the  Kentucky Supreme Court struck down the state’s tax-credit scholarship as unconstitutional in 2022. The amendment will be included on the November ballot for voter ratification. Gov. Andy Beshear said he does not support the amendment.

The Idaho House Revenue and Taxation Committee killed a proposal to establish tax-credit scholarships, valued at $5,000 per student, which families could’ve used to pay for private school tuition.

In Indiana, Gov. Eric Holcomb signed H.B. 1380, which prohibits public schools from charging tuition to transfer students using open enrollment.

The Georgia House passed Senate Bill 233, which would establish the Georgia Promise Scholarship Act to provide $6,500 scholarships to eligible students. Scholarship recipients could use them to pay private school tuition or other approved education expenses. The bill has the support of Gov. Brian Kemp but must return to the Senate for concurrence.

Originally published by the Reason Foundation. Republished with permission.

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