In Utah, a state judge recently ruled that the Utah Fits All scholarship program, designed to provide families with up to $8,000 for education expenses, is unconstitutional, citing concerns that participating private schools are not open to all students. While the judge allowed the program to continue pending appeal, the ruling introduces significant uncertainty for thousands of Utah families who had trusted that their educational options were secure.
This setback follows a tumultuous legislative session in which lawmakers imposed new spending restrictions and adjusted scholarship amounts based on educational setting, while the state Board of Education abruptly terminated its contract with the program’s manager mid-enrollment.
The cumulative effect of so many changes has left families facing unnecessary confusion and instability in a program still in its infancy. On the bright side, organizations like the Libertas Institute and the Sutherland Institute convinced the Legislature — for the second year in a row — to increase funding and expand access so that more students can participate.
Meanwhile, in Arkansas, lawmakers approved a bill that initially raised serious concerns about the future of one of the state's school choice programs, the Arkansas Children's Educational Freedom Accounts. The original version of the bill risked undermining the flexibility and autonomy that families were promised.
Parents, however, weren’t left to fight alone. Opportunity Arkansas stepped in to defend their interests. Thanks to its efforts, many of the most damaging provisions were removed or softened before final passage. What could have been a major step backward became a far more modest — though still cautionary — change.
Even more encouraging, Opportunity Arkansas and its coalition partners succeeded in securing the inclusion of a formal appeals process in the law. This critical safeguard ensures that if a family is denied access to the program or faces adverse action, they have a clear, fair way to seek redress. This process also exists in Arizona for the state’s Empowerment Scholarship Account program and has been recommended in recent State Policy Network research as a way for other states to strengthen their ESA programs.
Georgia offers another warning sign. Earlier this year, House lawmakers proposed cutting funding for the state's newly enacted Promise Scholarship education savings account by one-third — before the program had even launched. Fortunately, with backing from organizations like the Georgia Center for Opportunity and the Georgia Public Policy Foundation, the state Senate and Gov. Brian Kemp held firm and protected full funding.
But the mere fact that lawmakers tried to claw back support for an ESA program so early into its implementation is troubling. It signals how quickly support for education freedom can shift. Tight budgets and competing priorities can quickly erode even strong initial support, leaving families vulnerable just as they begin accessing the education opportunities they were promised.
The challenges unfolding in these states are not isolated, and they are likely a sign of more to come. As more states — like Tennessee and Texas — offer ESA programs, threats to education freedom aren’t exclusively coming from the usual opponents. Even some supporters are wavering, opening the door to legislative amendments, regulatory creep and budget cuts that weaken these programs and limit families’ access to education opportunity. Without strong, consistent leadership, the promise of educational choice risks being undermined before it ever reaches its full potential.
Lawmakers should recognize that defending and successfully implementing ESA programs requires more than passing a good law — it demands ongoing engagement and a steadfast commitment to treating families as customers. Policymakers, advocates and community leaders must work together to protect and strengthen these programs, not allow them to be chipped away piece by piece. We owe it to parents and students to ensure these programs deliver — that expanding school choice opens doors to opportunity, not endless obstacles.
Jane McEnaney is the director of education policy initiatives at the State Policy Network.
Governing’s opinion columns reflect the views of their authors and not necessarily those of Governing’s editors or management.
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