Twelve states have passed universal education choice programs, all within the last five years. This wave of reform is in response to continued demand for more personalized and customizable education options. However, an education choice program is only as meaningful as its uptake, which is largely driven by how the program is implemented once enacted.
While strong policy ideas and strategies lay the foundation, the successful rollout of these programs ensures their intended outcomes. If programs have stringent restrictions or funds are difficult to access, even the most promising programs risk falling short, leaving students and families without the opportunities they deserve.
The power of the Network is its ability to have a 30,000-foot view of the policy landscape, anticipate where opportunities for change might arise, learn from successes (and failures) from other states, and have the infrastructure in place to move the needle on key issues. Network leaders have fought for decades to bring the education freedom renaissance to where it is today, and implementation is a critical component for its continued success.
Effective implementation, much like tailored state policy solutions, does not have a one-size-fits-all approach. It requires a multifaceted strategy. This includes preparing for potential litigation, marketing efforts to raise awareness and encourage participation in new programs, and supporting innovative education models and the entrepreneurs behind them.
While opportunities for parents to direct their child’s learning have seen unprecedented success over the last few years, defenders of the education establishment’s failed status quo have used litigation to stall or even prevent the rollout of programs, leaving families in limbo and unable to access the funds they are entitled to. Network leaders in Arizona, Tennessee, West Virginia, and Arkansas have defended education choice programs in the courts to ensure families retain the right to choose the best-fit education for their children.
Utah’s Education Fits All Scholarship program was signed into law in 2023, giving all K-12 students up to $8,000 for educational purposes such as private school tuition and tutoring. The state’s largest teachers’ union, the Utah Education Association, which consists of 18,000 educators, filed a lawsuit against the program in May, claiming that the program is unconstitutional and redirects funds away from district schools they deem underfunded. The creators of the scholarship program have argued the program gives parents more flexibility, choice, and resources to personalize their children’s education. The Partnership for Educational Choice —a joint project of the Institute for Justice and EdChoice— is representing Utah mothers Maria Ruiz and Tiffany Brown in challenging the lawsuit. “When I first heard about the program, I was so excited. It provides families like mine the opportunity to give my children the chance to attend a school that fits their unique needs and gifts,” said Maria Ruiz. “It’s heartbreaking that the teachers’ union is trying to take the program away from us, and I am fighting back to protect school choice in Utah.”
Similarly, Montana’s Special Needs Equal Opportunity Education Savings Account (ESA) program was challenged earlier this year in court over its constitutionality. Critics of the program argued that it violates the state constitution’s prohibition on public funding for private or religious education, while supporters maintained it provides vital educational options for families of special needs students. Thanks to EdChoice Legal Advocates and the Frontier Institute, Judge Mike Menahan denied a request to stop the program in July. The ruling allows qualifying families to cover the educational costs of their children with special needs while the case continues.
In some states, the challenge of implementation comes down to the lack of alternative education options. For example, in the Sunshine State, more than 90,000 Florida families applied for and were awarded scholarships, but chose not to use them. The reason? The supply and accessibility of learning options are not keeping up with parent demand for unconventional, out-of-system models.
Florida-based affiliate The James Madison Institute is working tirelessly to remedy this issue. JMI has championed education entrepreneurs in Florida, working with local officials to repeal burdensome zoning regulations to allow microschools to creatively repurpose brick-and-mortar locations and help providers navigate accreditation challenges.
In February, JMI’s director of the Marshall Center for Education Options, Bill Mattox, expressed concerns regarding potential expenditure restrictions on scholarships. Lawmakers were considering Personalized Education Programs (PEP) restrictions, which, if passed, would threaten the flexibility on what kinds of resources (such as clay, basketballs, musical instruments, etc.) parents and providers could use funds for.
Bill was initially told by the Chair of the Senate Education Committee that JMI’s concerns regarding potential restrictions would not be addressed. Undeterred, Bill took action. The next day, he published an article titled “90,000 Problems,” which gained instant traction. Shortly after, Bill received a call from the Governor’s Office, requesting his assistance in working with legislators to address the changes he had advocated for—ensuring that Florida’s choice program remained a model for the rest of the nation.
The outcome was remarkable. By March, the same Senate Education Committee Chair who had initially dismissed JMI’s concerns became the sponsor of an amendment championed by Governor DeSantis. Signed into law in May, this codified flexibility empowers parents—rather than the government—to determine what constitutes an appropriate educational expense in Florida.
In Utah, microschool founders faced challenges starting schools due to local zoning and occupancy regulations. Utah Governor Spencer Cox addressed this problem through SB 13, a law that expands opportunities for microschools and similar education models across the state. Introduced and championed by the Libertas Network, the law allows these schools to operate in neighborhoods, commercial buildings, or even homes, giving education entrepreneurs more runway to serve families. With demand for alternatives skyrocketing—10,617 applications were submitted for Utah’s ESA program within two days—lawmakers commensurately doubled funding to ensure 10,000 students (double their original intent) could access education options that best fit their needs. SB 13 serves as a possible model for other states looking to support education entrepreneurship and innovation—and SPN is working to ensure similar policies spread beyond Utah so more families can find their best-fit education environment.
If eligible families don’t know about education freedom programs or student enrollment for a program is low, lawmakers may not be inclined to expand the program to include all families or may reconsider continued funding for such programs. Effective marketing increases awareness of the program, improves accessibility, and helps those who may need guidance navigating the enrollment process.
In 2024, Georgia passed and funded an ESA scholarship program eligible to students in the bottom performing 25 percent of public schools. An estimated 22,000 K-12 students could take advantage of this program beginning in the fall of 2025. The Georgia Center for Opportunity and the Georgia Public Policy Foundation led the charge to move this ESA to the finish line alongside a coalition of organizations, including 50CAN (Georgia chapter), the American Federation for Children, Americans for Prosperity (Georgia chapter), EdChoice, ExcelinEd, and yes. every kid. foundation.
Post passage, SPN’s Georgia affiliates began implementation efforts. GPPF is running a comprehensive marketing campaign to ensure all 22,000 spots are filled by July 2025, making families aware of the funds that they can now access. Georgia Center for Opportunity is working on a marketing campaign targeted toward eligible underserved communities. They will leverage findings from focus groups to craft their messaging to understand the pain points of education and how to best message school choice to underserved communities.
In Pennsylvania, the Educational Improvement Tax Credit (EITC) and Opportunity Scholarship Tax Credit (OSTC) programs provide tax-credit scholarships that enable low-income students to attend private schools, offering them an alternative to underperforming public schools. Yet many who qualify for this opportunity don’t know that it exists. “Most parents don’t even know their child can qualify for an EITC scholarship,” said Rachel Langan, senior education policy analyst at the Commonwealth Foundation. “By law, once the Pennsylvania Department of Education alerts the district that they have low-achieving schools, the district is then supposed to alert parents that their child is eligible [for a scholarship]. I don’t know that this is happening.”
The surest way to secure the long-term sustainability of these programs—and thereby, student success—is to popularize them with parents of all political and socioeconomic stripes. SPN affiliates are leading the way in marketing these programs to families, ensuring that uptake matches demand for out-of-system alternatives.
Arizona was the first state to implement a universal education choice program in the nation, thanks to the decade-long efforts of the Goldwater Institute and many other education freedom organizations. Signed into law in 2022, the Arizona Empowerment Scholarship Account program awards families between $7,000 and $8,000 for K-12 education-related expenses like tuition, curriculum and courses of study, and tutoring services.
Founder and CEO of Love Your School, Jenny Clark, has worked with Network leaders across the country to promote awareness of education freedom programs through powerful storytelling about the benefits of these programs, as well as targeted marketing and media appearances. These efforts also help families influence and ultimately capitalize on legislation that expands educational freedom. The organization helps parents identify the best educational options for their children. Its support specialists help simplify the ESA process, assist families in clarifying their needs and goals, and create actionable plans to set students up for success.
Love Your School was a recipient of SPN’s 2024 Ed-Prize, awarded annually to projects that support SPN’s vision of a future where all children can pursue an education in an environment where they can thrive. The nonprofit has recently expanded to West Virginia and Alabama, where universal education freedom programs exist. Jenny and her team are working to make sure families in both states understand the opportunities now available to them and their children.
Every child deserves the opportunity to access the best educational option, one that cultivates and supports their unique needs, talents, and aspirations. Whether it’s district, private, charter, homeschool, hybrid, microschool, or another innovative model, empowering families with the ability to make these decisions puts the next generation of Americans on a path to success.
Opportunity alone is not enough; effective implementation is essential to turning these options into reality. That’s where the strength of the Network lies. By leveraging expertise, collaboration, and lessons learned, the Network can ensure these programs are executed effectively. From accelerating policy solutions, preparing for potential litigation, raising public awareness, and supporting education entrepreneurs, the Network stands ready to unleash the potential of the next generation of American leaders.
