A Model State Law to Refocus Voucher Programs on Student Need and Fiscal Accountability
1. TLDR
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Limits school voucher (ESA) spending by ending universal eligibility
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Preserves access for students with documented need (e.g., disabilities, military, low-rated schools)
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Reclaims hundreds of millions to over $1 billion annually, depending on state size
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Keeps school choice available while restoring public funding integrity
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Requires annual reporting, oversight, and public transparency
2. Purpose
This model legislation helps states return education voucher and ESA programs to their original intent: supporting students who genuinely need alternative options instead of funding private tuition for families who never attended public schools.
It offers a simple path to limit runaway voucher spending, protect vulnerable students, and ensure public education dollars serve public purpose.
3. Background
Voucher programs — often called Education Savings Accounts (ESAs) — began in many states as targeted support for:
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Students with disabilities
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Military-connected families
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Children attending low-rated or persistently underperforming public schools
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Foster youth and students experiencing homelessness
⠀But over the past decade, several states (e.g., Arizona, Florida, West Virginia) expanded ESA eligibility to nearly all students — regardless of income, school performance, or demonstrated need.
The result in many states:
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Tripled program costs in a single year
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Over 60% of ESA recipients were already attending private or homeschool before enrolling
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No consistent academic gains observed
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Public schools lost per-pupil funding while remaining obligated to provide fixed services
4. Proposed Solutions
Solution 1: Restore ESA/Voucher Eligibility to Need-Based Groups
Beginning January 1, 202X, public voucher or ESA funds may only be awarded to students who meet at least one of the following criteria:
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Documented disability and qualification under an IEP or 504 plan
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Parent or guardian is an active-duty military member
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Student attends or is zoned for a low-performing public school (e.g., rated D/F or in bottom 5% statewide)
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Student is in foster care or classified as homeless by state or federal law
⠀States may adapt this list based on original program statutes.
Solution 2: End Universal Voucher or ESA Enrollment
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No new voucher/ESA applications may be accepted from students outside the eligible groups after January 1, 202X
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Students currently enrolled under universal expansion may continue receiving funds through December 31, 202X
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State agencies must notify families and provide information about in-district transfers, public magnet programs, and support options
Solution 3: Strengthen Oversight and Annual Public Reporting
The state education agency shall publish an annual report by June 30 each year that includes:
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Total number of voucher/ESA recipients, categorized by eligibility type
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Total disbursements, broken down by service (tuition, therapy, transportation, tutoring)
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Administrative vs. instructional spending
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Geographic and demographic impact
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Any audits, fraud reports, or flagged misuse
⠀Oversight may be assigned to the State Auditor, Treasurer, or other designated enforcement body.
5. Evidence
Learning Policy Institute (2024)
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2022 expansion caused a 211% cost increase in a single year
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Costs rose from $189M to $587M in 12 months
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FY2025 projections exceed $860 million
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Griffith, M., & Burns, D. (2024). Understanding the Cost of Universal School Vouchers. Learning Policy Institute. ERIC PDF
Grand Canyon Institute (2024)
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Universal vouchers made up 55–60% of ESA spending
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Net cost of expansion: $332M in 2024, rising to $429M in 2025
ADE Q2 2025 Reports
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73.6% of ESA users qualify under universal voucher rules
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Vast majority of new ESA funds are not going to high-need students
Additional
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Abrams, S.E. (2025). The Mounting Trouble with Education Savings Accounts. Great Lakes Center. PDF
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Huerta, L.A., & Baisden, T. (2024). Strengthening Oversight of ESA Funding. National Education Policy Center. PDF
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Roy, S., Schwartz, H.L., & Gable, A. (2024). ESA Impacts on Achievement Outcomes. RAND. PDF
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McBeth, J. B. (2024). Opportunity Hoarding in Arizona’s ESA Expansion. University of Arizona. PDF
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Berry, W., & Chait, R. (2024). ESA Accountability Landscape. WestEd. PDF
Recommendation for Local Adaptation
To maximize local credibility, campaigns using this model should include:
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Their state’s most recent voucher/ESA cost projections
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Any existing auditor general or legislative bureau ESA evaluations
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Public opinion data or polling on school funding priorities (if available)
6. Definitions
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Voucher Program / ESA: A publicly funded account used to pay for private educational expenses outside the public school system.
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Eligible Student: A student meeting clearly defined, need-based criteria for voucher or ESA funding.
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Universal Voucher: A voucher available to all families, regardless of income, need, or school rating.
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Transition Period: A one-year window during which ineligible recipients may continue receiving funds before reforms take effect.
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Low-Performing School: A public school in the bottom rating tier based on the state’s accountability system (e.g., D/F rating or bottom 5%).
7. Clarifications
Q1: Is this a ban on school choice?
No. Families may still choose private, homeschool, or online learning. This proposal limits public funding to students with demonstrated need.
Q2: What happens to students currently enrolled?
They will receive a full one-year transition period before funding eligibility changes.
Q3: Does this save money?
Yes. Depending on the state, this reform could reclaim hundreds of millions to over $1 billion annually in redirected funds.
Q4: What happens to the savings?
States may reinvest these savings in core public education priorities — such as literacy, mental health, teacher salaries, or rural school access.
8. Implementation
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Legal Form: Statutory reform (via state legislature or citizen ballot initiative, where applicable)
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Effective Date: January 1, 202x
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Transition End Date: December 31, 202x
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Administered by: State Education Agency
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Oversight by: State Auditor, Inspector General, or equivalent
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Annual Report Due: June 30 each year
9. Why This Proposal Is Critical
Universal voucher and ESA expansions are draining state budgets, weakening public school systems, and shifting education policy toward subsidizing private tuition — often for families already outside the public school system.
This proposal offers a responsible reset.
By limiting voucher spending to students with demonstrated need, states can:
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Restore budget stability
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Protect the integrity of public education
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Support families who truly need alternatives
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Stop funding private choices with public dollars — unless there’s a compelling reason to do so
10. Call for Feedback
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Which eligibility groups are most relevant in your state?
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Does your state already publish ESA cost or outcome data?
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Should the savings be earmarked or returned to the general fund?
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What would make this message resonate with voters or legislators where you live?