State of Choice: March 2026

As legislative sessions enter their final stretch, the education freedom movement finds itself navigating a mix of wins, setbacks, and open questions. Several states are advancing significant funding expansions, applications are roaring, and some states are experiencing setbacks. While it is a slower year for big “new state” wins, it is less surprising in an election year, and also representative of the movement continuing to move its focus toward improving existing programs. 

Mixed News in Statehouses as Legislative Sessions Begin Wrapping Up 

The Alabama legislature is moving a $250 million funding provision to fully meet demand for the state’s Creating Hope and Opportunity for Our Students’ Education ESA program as part of the state budget. This would increase the number of students participating from approximately 18,500 to roughly 35,000, pending the approval of applications. If it passes, Gov. Kay Ivey is expected to sign it into law. 

Louisiana Gov. Jeff Landry’s budget proposal includes an expansion that would double the state’s Giving All True Opportunity to Rise Scholarship Program from $44 million to $88 million, increasing the number of students who may participate from approximately 6,000 to 12,000. It awaits legislative movement. 

In a positive development for the Granite State, the New Hampshire House passed HB 1817 in March, legislation addressing Education Freedom Account (EFA) student access to certain district programs. The bill would ensure that home-educated, charter, and nonpublic pupils have access to curricular and co-curricular programs in their home districts. It also prevents those districts from adopting more restrictive participation requirements. It received a hearing in the Senate Education Committee at the end of March and will be scheduled for a vote soon. 

As part of the state budget debate, advocates are hoping for an expansion of the Oklahoma Parental Choice Tax Credit. The program currently carries stringent rules on fund usage and faces funding constraints; advocates are hoping to broaden how families may use scholarship funds and fund all families who seek to participate. The current budget proposal includes a $25 million expansion of the program’s appropriation. 

There is a formidable effort to increase the Tennessee Education Freedom Scholarship’s enrollment cap from 25,000 to 40,000 students with companion bills SB 2247/HB 2532. SB 2247, already passing several Senate committees, is expected to be scheduled for a vote soon. HB 2532 is scheduled to be heard in the House Finance Committee on April 1. If it passes, it will move to the House floor. 

After a successful effort last year to restrict how families may use Utah Fits All Scholarship Program funds, HB 467 threatened to continue that rollback this legislative session. And while the amendment process substantially improved the bill, a provision putting more restrictions on parents saw passage. The legislature moved to limit funding for schooling models aimed at least in part at home-based learners. Online and virtual schools will now receive the homeschool tiered funding amount ($4,000 for students aged 5-11 and $6,000 for students aged 12-18) rather than the full $8,000. While this is a clear setback, not all efforts to add new restrictions to the program were successful. Initially written to add new stringent accreditation requirements, as amended, the bill passed without the measure. 

While it’s a quiet year for choice in Texas legislatively, the Texas Education Savings Account Program continues full steam ahead. With the application deadline having closed at the end of March, as of this writing, 259,000 applications have been reportedly filed, with the program’s $1 billion appropriation currently funding a maximum of approximately 95,000 students. The supply side is moving too, with 2,350 education providers applying to participate. 

What’s Going On in the States with Federal Tax Credits for Scholarships? 

With Colorado Gov. Jared Polis deciding to opt the state into the federal tax credit, a bill, HB 26-1292, has been introduced to bar most of the state’s private schools from participating. It is scheduled for a hearing on April 9. 

After Gov. Andy Beshear’s decision to veto legislation aiming to opt Kentucky into the federal tax credit, the legislature successfully voted to override his veto, and the legislation, with Sec. of State Michael G. Adams certifying it, is now law. 

In the weeks ahead, most states will close out sessions, and there is still much worth watching. It will be yet another stretch of the details mattering.