Thomas Ultican tracks some of the many efforts to end public education on the state level. Reposted with permission.
This year, state legislators have proposed in excess of 110 laws pertaining to public education. Of those laws, 85 were centered on privatizing K-12 schools. Republican lawmakers sponsored 83 of the pro-privatization laws. Which begs the question, has the Grand Old Party become the Grifting Oligarchs Party? When did they become radicals out to upend the foundation of American greatness?
The conservative party has a long history of being anti-labor and has always been a hard sell when it came to social spending. However, they historically have supported public education and especially their local schools. It seems the conservative and careful GOP is gone and been replaced by a wild bunch. It is stupefying to see them propose radical ideas like using public money to fund education savings accounts (ESA) with little oversight. Parents are allowed to use ESA funds for private schools (including religious schools), for homeschool expenses or educational experiences like horseback riding lessons.
A review of all the 2025 state education legal proposals was used to create the following table.
In this table, ESA indicates tax credit funded voucher programs. There have been 40 bills introduced to create ESA programs plus another 20 bills designed to expand existing ESA programs. Most of 2025’s proposed laws are in progress but the governors of Texas, Tennessee, Idaho and Wyoming have signed and ratified new ESA style laws. In addition, governors in Indiana, South Carolina and New Hampshire signed laws expanding ESA vouchers in their states.
None of the 16 proposals to protect public education or 3 laws to repeal an existing ESA program were signed by a governor or passed by a legislature.
Fighting in the Courts
June 13th, the Wyoming Education Association (WEA) and nine parents filed a lawsuit challenging the Steamboat Legacy Scholarship Act, Wyoming’s new voucher program. The suit charged:
“… the program violates the Wyoming Constitution in two key ways. One for directing public dollars to private enterprises, which the lawsuit says is clearly prohibited. The second for violating the constitution’s mandate that Wyoming provide ‘a complete and uniform system of education.”’
On July 15, District Court Judge Peter Froelicher granted a preliminary injunction against the state’s universal voucher program. He wrote, “The Court finds and concludes Plaintiffs are, therefore, likely to succeed on the merits of their claims that the Act fails when strict scrutiny is applied.” The injunction will remain in effect until the “Plaintiffs’ claims have been fully litigated and decided by this Court.”
Laramie County Court House
Last year, The Utah Education Association sued the state, arguing that the Utah Fits All Scholarship Program violated the constitution. April 21st, District Court Judge Laura Scott ruled that Utah’s $100-million dollar voucher program is unconstitutional. At the end of June, the Utah Supreme Court agreed to hear an appeal of Scott’s ruling. However, the decision seems well founded.
The Montana Legislature, in 2023, established a statewide Education Savings Account (ESA) voucher program. It allows families of students with disabilities to use public funds deposited into personal bank accounts for private educational expenses. In April this year, Montana Quality Education Coalition and Disability Rights Montana brought suit to overturn this program. In July, the Montana Federation of Public Employees and the organization Public Funds Public Schools joined the plaintiffs in the suit. The legal action awaits its day in court.
At the end of June, the Missouri State Teachers Association sued to end the enhanced MOScholars program which began in 2021 funded by a tax credit scheme. This year in order to expand the program; the states legislature added $51-million in tax payer dollars to the scheme. The teachers’ suit claims this is unconstitutional and calls for the $51-million to be eliminated.
Milton Friedman’s EdChoice Legal Advocates joined the state in defending the MOScholars program. Their July 30th message said, “On behalf of Missouri families, EdChoice Legal Advocates filed a motion to intervene as defendants in the lawsuit brought by the Missouri National Education Association (MNEA) challenging the state’s expanded Empowerment Scholarship Accounts Program, known as MOScholars.” It is unlikely EdChoice Legal Advocates are representing the wishes of most Missouri families.
In South Carolina, the state Supreme Court ruled in 2024 that its Education Trust Fund Scholarship Program was unconstitutional. The lawsuit was instituted by the state teachers union, parents and the NAACP. The program resumed this year after lawmakers revised it to funnel money from the lottery system instead of the general fund.
The South Carolina effort has been twice ruled unconstitutional for violating prohibitions against using public funds for the direct benefit of private education. Legislators are proposing funneling the money through a fund that then goes to a trustee and then to parents, who then use it for private schools.
Sherry East, president of the South Carolina Education Association stated:
“We just don’t agree, and we think it’s unconstitutional.”
“We’ve already been to court twice. The Supreme Court has ruled twice that it is unconstitutional. So, we don’t understand how they’re trying to do a loophole or a workaround. You know, they’re trying to work around the Constitution, and it’s just a problem.”
The South Carolina fight seems destined to return to the courts but they have vouchers for now.
Last year in Anchorage, Alaska, Superior Court Judge Adolf Zeman concluded that there was no workable way to construe the state statues in a way that does not violate constitutional spending rules. Therefore, the relevant laws “must be stuck down in their entirety.” This was the result of a January 23, 2023 law suit alleging that correspondence program allotments were “being used to reimburse parents for thousands of dollars in private educational institution services using public funds thereby indirectly funding private education in violation … of the Alaska Constitution.” Alaska has many homeschool students in the correspondence program.
Plaintiff’s attorney Scott Kendall believes the changes will not disrupt correspondence programs. He claims:
“What is prevented here is this purchasing from outside vendors that have essentially contorted the correspondence school program into a shadow school voucher program. So that shadow school voucher program that was in violation of the Constitution, as of today, with the stroke of a pen, is dead.”
The Big Problem
GOP legislators are facing a difficult problem with state constitutions prohibiting sending public dollars to private schools. The straight forward solution would be to ask the public to ratify a constitutional amendment. However, voucher programs have never won a popular vote so getting a constitutional change to make vouchers easier to institute is not likely.
Their solutions are Rube Goldberg type laws that create 100% tax credits for contributing to a scholarship fund. A corporation or individual can contribute to these funds and reduce their tax burden by an equal amount. Legislators must pretend that since the state never got the tax dollars it is constitutional. Lawyers who practice bending the law might agree but common sense tells us this is nonsense.
The big problem for the anti-public school Republicans is voucher schools are not popular. They have never once won a public referendum.