From Universal Eligibility to Universal Access: The Next Phase of School Choice

2025 is the year educational choice programs offering universal eligibility became the standard—so what’s in store for 2026? At least one state is hoping to enact a new choice program offering universal eligibility, but the education freedom push this year expands beyond adding new states to the map. With universal eligibility now the norm, the conversation now moves toward improving existing programs to create a robust, free marketplace of education—where not only can all families apply—but where they can also access a wide array of qualifying educational expenses and be guaranteed a funded seat.

Legislation is Already Moving In Several States

Now surrounded by states offering programs with universal eligibility, there is a major push in Mississippi for the state to join its neighbors. In January, the Mississippi House of Representatives passed HB 2, legislation to create a universal education savings account (ESA) in a phase-in of 2,500 new seats per year (with a waitlist in perpetuity.) If enacted, the program will offer three scholarships tiers: roughly $6,700 for students attending approved private schools, $2,000 for students attending schools not yet approved for program participation ($4,000 cap per household), and $1,000 for homeschool students. Funding is tied to the state’s education funding formula. While the bill has passed the House, its path in the Senate remains murky.

In South Carolina, Gov. Henry McMaster is backing a proposal in his executive budget increasing the number of scholarships offered by the state’s Education Scholarship Trust Fund by 5,000 with an additional appropriation of $61.4 million, increasing scholarship award amounts from $7,500 to $7,634.

An Opportunity to Grow the List of States Offering True Universal Choice

Of the 19 states offering choice programs with universal eligibility, just five—Arizona, Arkansas, Florida, New Hampshire, and West Virginia—have achieved true universality. Eight states—Arizona, Arkansas, Florida, Indiana, Iowa, New Hampshire, Ohio, and West Virginia—also guarantee funding for all students.

While there remains a strong short-term opportunity for several new states to join those offering universal eligibility, if states are to achieve a dynamic marketplace of education, much of the education freedom movement’s energy must now turn toward realizing true universal choice and against moving backward.

For example, as Iowa enters the final year of its three year phase-in to universal eligibility, the Hawkeye State is seeking to expand how families may use ESA funds. Being a tuition-first program, it falls short of EdChoice’s “universal options” standard, and some lawmakers are looking at dropping this restriction and increasing the list of allowable educational expenses.

Other states moved backward last year, and state advocates are looking to get things back on track. Once granting parents some of the highest levels of flexibility in the country for how ESA funds may be spent, Arkansas and Utah moved to restrict options. Education freedom, by design, is meant to put families in the driver’s seat, empowering them to access an education best fit for their needs. And as state restrictions grow, options shrink, and with it, the competitive effects resulting from a vibrant education marketplace.

Which States Are Opting In to the Federal Tax Credit for Scholarships?

So far, over 20 states have announced their intention to opt into the Federal Tax Credit for Scholarships. The federal tax credit allows individual taxpayers to claim a $1,700 ($3,400 for joint filers) dollar-for-dollar tax credit for supporting scholarship granting organizations (SGOs).

In making this announcement for Colorado, Gov. Jared Polis became the first Democratic governor to do so, and many eyes hoping for another are watching Pennsylvania Gov. Josh Shapiro, considering his past statements supporting a low-income, special needs ESA program. Virginia is another state to watch. Before leaving office, former Gov. Glenn Youngkin opted the state into the program, but there is growing speculation over how Gov. Abigail Spanberger will act on this, and whether or not she can legally opt out in the immediate at all.

With universal eligibility becoming the standard, the education freedom movement has unquestionably come a long way. More families than ever now have access to options in the education of their kids, but the fight is far from over. Now, the movement must look to the next frontier: building a robust, free marketplace of education that empowers all families. That means shifting the conversation away from eligibility alone, and toward broadening how scholarships may be used and guaranteeing a funded seat for all who seek one.