ESA Appeals and Parent Voice: Why States Should Consider a Formal Appeals Process for Their ESA Program

Jenny Clark | SPN Visiting Education Fellow and Partner, First Day
Michael Clark, PhD, JD | Partner, First Day
George Khalaf | Partner, First Day

April 10, 2025

Due process rights to appeal administrative decisions made by governmental agencies are foundational to the American form of government. These rights ensure fairness, accountability, and transparency in government actions. Administrative decisions can have significant consequences on individuals’ lives, such as denying benefits, imposing penalties, or restricting rights.

The ability to appeal these decisions provides citizens with a vital mechanism to challenge potential errors, injustices, or biases in the decision-making process. It also helps safeguard against arbitrary or discriminatory actions by state agencies, ensuring that decisions are made based on law, facts, and consistent procedures. Due process protections, including the right to appeal, foster public trust in government institutions by ensuring that citizens are treated equitably and their voices are heard before final decisions are made.

These foundational rights should extend to parents with children enrolled in Education Savings Accounts (ESA) programs. If an ESA parent believes that an administrative decision that negatively impacts their child violates the law, they should have a formal process to appeal. They should have the opportunity to raise legal concerns before a fair and impartial arbiter. Otherwise, families could be at the mercy of an individual bureaucrat’s whims—an email or phone call would have the final say on a matter.

This paper examines the Arizona Empowerment Scholarship Account Program’s appeals process as a case study, evaluating its strengths and weaknesses, and opportunities for improvement. The analysis will provide policy direction for other states with ESA programs as they implement appeals processes in their own program.