On June 11, New Hampshire became the 19th state to implement a universal private school choice program when Republican Gov. Kelly Ayotte signed Senate Bill 295. The law eliminates the income threshold from the state’s Education Freedom Account Program, making it accessible to all students.
Parental freedom is spreading rapidly across the nation. In the summer of 2024, the number of students participating in school choice programs exceeded one million for the first time, with an estimated 1,038,500 opting in. By July 2025, that number had grown to approximately 1,300,900, a 25% rise.
The surge in parents leaving government-run schools isn’t surprising, given the latest PDK poll results released on August 19. The survey showed that Americans’ confidence in public schools is at an all-time low, with only 13% giving them an A or B, down from 19% in 2019 and 26% in 2004. Nearly 60% of parents nationwide say they would choose a private or religious school for their child if offered public funds.
The expansion of parental freedom has created an interesting political scenario. Jorge Elorza, CEO of Democrats for Education Reform, states, “For too long, the political Left has allowed the debate over school choice to be defined and dominated by conservatives. In doing so, we’ve neglected the most dynamic lever for equity and innovation in American education while alienating the Black, Latino, and working-class families we claim to represent. It’s time for progressives to come to the school choice table—not to dismantle public education, but to reinvent it for a new era.”
Elorza adds, “To reassert leadership on education, progressives must do more than say ‘no’ to choice plans. Instead, we need to lay out a vision of choice. That starts by breaking the monopoly of the traditional, top-down system and making room for bottom-up, community-driven innovation. We must empower communities to create new and different school models that can meet the unique educational needs of each child.”
Elorza’s words are especially timely because on July 4, President Trump approved legislation allowing the federal tax scholarship program to proceed. The Educational Choice for Children Act provides a tax credit that helps individuals reduce their tax bills by donating money for private school expenses for their students. ECCA is set to begin in 2027.
But the law’s final version allows states to opt out of participating, meaning no students in those states would be eligible for the program, which could have political consequences. It might be advantageous for Republicans because, clearly, Democrats are divided on the issue.
Additionally, the teachers’ unions are taking note. Open Secrets reports that in the 2024 election cycle, over 98% of the National Education Association’s political spending went to Democrats. While all teacher union leaders and some white progressives strongly oppose public funding for private schools, school choice remains popular among Black and Hispanic communities. In a recent poll, 63% of Hispanics and 68% of Blacks—typically Democrats—voiced support for a private option.
Realizing they are losing in the court of public opinion, the unions have instead taken to challenging parental choice in various state courts. Wyoming, Missouri, Utah, South Carolina, and Montana have seen recent legal action by the unions, which are desperately afraid that parental choice will put a significant dent in their gravy train.
In two states, the unions’ efforts have succeeded…so far.
In Wyoming, lawmakers launched the state’s first K-12 education savings account (ESA) program last year, starting with the 2025-2026 school year. The $7,000 accounts can be used for private-school tuition, tutors, homeschooling, or other education-related expenses. Nearly 4,000 students applied for them this fall.
However, the Wyoming Education Association, representing about 6,000 public school teachers, opposes using taxpayer dollars for a private option. In a lawsuit filed in June, the union and nine parents sued the state, arguing that the Steamboat Legacy Scholarship Act is unconstitutional because it violates a state regulation requiring a “complete and uniform system of public instruction.” The union emerged victorious after a District Court judge issued a preliminary injunction against the voucher program in July.
Wyoming’s attorney general and parents are appealing to the state Supreme Court, and the law supports their position. Wyoming’s constitution directs the legislature to “suitably encourage means and agencies calculated to advance the sciences and liberal arts.” ESAs are a way to accomplish that.
And of course, the program doesn’t eliminate the existing school system. The $30 million ESA initiative has its own general fund appropriation, which doesn’t directly take money from public schools—whose per-pupil funding currently approaches $20,000. District funding depends on enrollment, so public schools could lose funds if students leave, but that happens even without the scholarships.
Additionally, in Utah, the state affiliate of the National Education Association successfully sued the state last year, arguing that the Utah Fits All Scholarship Program violates the state constitution by diverting tax money to private schools that aren’t free, accessible to all students, and supervised by the state board of education. The Utah Supreme Court is scheduled to review an appeal later this year.
In Missouri, the teachers’ union has come up short. In a victory for families, a judge has upheld funding for MOScholars, the state’s K-12 scholarship program, as a lawsuit against it proceeds in court.
Established by state law in 2021, MOScholars offers “educational opportunities and resources to Missouri students and families” through tax credits for scholarship donors. Eligible parents can utilize the donated funds to cover various school and education expenses, such as private school tuition, tutoring, textbooks, etc.
After hearing the case on August 25, Judge Brian Stumpe of the Cole County Circuit Court denied the MNEA’s request for a temporary restraining order, leaving the funding unblocked. At present, the union is considering its next move.
As more parents seek options, teachers’ unions, supported by massive sums of cash, will do everything possible to defend their turf. This clash could be everlasting.
Larry Sand, a retired 28-year classroom teacher, is the president of the non-profit California Teachers Empowerment Network—a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views expressed here are entirely his own.