State of Choice: May 2025

As legislative sessions draw to a close in many states, the push for educational freedom continues to make meaningful strides. Texas has just enacted a major new program, and other states are still in play. What we’re seeing isn’t just routine policy progress—it’s a clear sign that more lawmakers are responding to families’ call for greater control over their children’s education. 

In Texas, Gov. Greg Abbott signed SB 2 into law, legislation establishing what is likely to become America’s largest education savings account (ESA) program. Living up to its reputation as the state where everything is bigger, the program will offer universal eligibility and be funded with an initial $1 billion appropriation, with accounts valued at roughly $11,000 per student to be used on private school tuition and other approved educational expenses. Additionally, students with disabilities may qualify for accounts funded at $30,000, and homeschool students may receive $2,000. 

Now, all eyes are on New Hampshire. In May, the New Hampshire House and Senate continued negotiations to reach a compromise to expand the state’s Education Freedom Account (EFA) program to all families. Last week, SB 295 was amended and advanced in the House Finance Committee to clarify the escalator process for enrollment caps.  

As the bill stands now, the income cap will be lifted, and if more than 90% of the enrollment cap is met in any year (starting at 10,000 in year one), it will be increased by 25% when enrollment begins the following year. Priority students (currently program enrollees, siblings of current program enrollees, students with disabilities, and students with family incomes less than or equal to 350% of the federal poverty line) may be accepted into the program at any time, regardless of enrollment caps. If, at any time, the enrollment cap trigger is not reached for two consecutive years, the enrollment cap is lifted completely. Also under this legislation, applications would be accepted on a rolling basis. 

It is clear that the momentum behind universal education freedom shows no signs of slowing. Texas’ enactment of universal choice is a remarkable achievement and significantly increases the percentage of students eligible for choice programs nationwide. In 2025, the tide has decisively turned. Universal eligibility is now the gold standard for the educational choice movement.