The school choice movement has reached a pivotal moment. With the recent enactment of a sweeping education savings account (ESA) program in Texas, advocates are celebrating a major milestone, though they now face a steeper climb in bringing similar reforms to states with Democratic leadership.
Texas Governor Greg Abbott signed a bill over the weekend establishing one of the most expansive ESA initiatives in the country, allocating $1 billion in its first year alone. The law allows families to receive 85 percent of the average per-student funding to use toward private school tuition and other educational expenses, as reported by The Hill. This marks a significant shift for Texas, where resistance, especially from rural legislators, had stalled such proposals in the past.
“This is a historic win,” Abbott said. “Parents now have the power to choose the educational path that suits their children best.”
On the other hand, this program has raised serious concerns among families of children with disabilities. While public schools are legally required under the Individuals with Disabilities Education Act (IDEA) to provide tailored support, private schools receiving voucher funds are not held to the same standards, potentially limiting services for the 14% of students requiring special education. With many private schools unequipped or unwilling to accommodate students with disabilities, and with limited availability in those that do, this initiative risks reducing real choices for these families.
Since the COVID-19 pandemic, education savings accounts (ESAs) have gained traction in over 15 states, though progress has stalled in Democratic strongholds, prompting advocates like EdChoice’s Robert Enlow to pursue federal solutions while continuing state-level efforts.
“We need a strategy that resonates even in politically different environments,” Enlow said. “A federal tax credit program, like the one proposed in Congress, could help bridge that gap.”
The Educational Choice for Children Act would offer tax credits to donors who fund scholarships for families earning up to 300% of their area’s median income, covering expenses like tuition and homeschooling. Supporters, including Josh Cowen of the Education Law Center, say the bill bypasses state voucher bans while protecting private schools from federal oversight.
Despite the shift in focus, activists are not abandoning their efforts at the state level. Universal access to ESAs remains a central goal, but public resistance and policy barriers persist. In recent elections, voters in Kentucky, Nebraska, and Colorado rejected measures that would have opened the door to school choice programs.
