Advancing School Choice through Legal Strategy: Key Insights from Education Advocates 

In the ongoing efforts to expand school choice, legal challenges remain at the forefront. At the recent State Policy Network’s Annual Meeting, a distinguished panel featuring: Marc LeBlond, Director of State Advocacy at the American Federation for Children; Michael Melendez, Executive Vice President of the Libertas Institute; Thomas Fisher, Vice President and Director of Litigation at EdChoice; Michael Bindas, Senior Attorney at the Institute for Justice; and Garrett Ballengee, President and CEO of the Cardinal Institute for West Virginia Policy; gathered to discuss the legal landscape and the ways education advocates can navigate both victories and obstacles.

Michael Melendez: Utah’s Universal School Choice Victory

Michael Melendez opened the session by highlighting Utah’s groundbreaking school choice win. In 2023, Utah passed one of the nation’s first universal Education Savings Accounts (ESAs) under the Utah Fits All Scholarship Program. This milestone came after years of advocacy and followed an earlier setback in 2007 when a similar program was repealed by referendum.

Reflecting on the evolution of school choice, Melendez shared, “The parents in 2023 were not the same as the parents in 2007. They were more engaged and ready to support alternative education options.” Melendez attributed this shift to the growing interest in homeschooling and micro-schools, particularly in the wake of the COVID-19 pandemic. “Parents tried new education models during the pandemic, and when they saw success, they wanted more,” he explained.

Melendez also emphasized the importance of collaboration with national organizations like the Institute for Justice (IJ) and EdChoice. These partnerships were instrumental in defending Utah’s program from legal challenges. He stated, “Having a national partner like IJ to guide us through legal strategies and defend our programs in court was crucial.”

Garrett Ballengee: Defending West Virginia’s Hope Scholarship

Garrett Ballengee, Executive Director of the Cardinal Institute, shared the story of West Virginia’s Hope Scholarship, a universal ESA that passed in 2021. This program, like Utah’s, faced legal opposition, but the West Virginia Supreme Court upheld it, marking a significant victory for school choice.

“We knew that our opponents would challenge us,” Ballengee noted, explaining the importance of being prepared for litigation well in advance. “As soon as the law passed, we started preparing for a lawsuit. That preparation paid off when the challenge finally came.”

The Hope Scholarship program’s popularity was undeniable, with parents eager to take advantage of the expanded educational options. Ballengee praised the resilience of these families, stating, “We had parents willing to put their names on the line, to be the public face of this legal fight. Their courage and commitment were inspiring.”

Marc LeBlond: The Power of Collaboration

Marc LeBlond, Director of State Advocacy at the American Federation for Children, emphasized the importance of collaboration in advancing school choice. “There is no better movement than the school choice movement. Everyone has a shared vision of what success looks like. It’s amazing what can be done when folks don’t really care who gets the credit at the end of the day,” LeBlond remarked, underscoring how unity across state and national groups is key to driving success.

LeBlond also discussed the importance of messaging when advocating for school choice, particularly in challenging political environments. He noted, “It’s not only about explaining why ESAs are good for people; it’s also about why school choice, in general, benefits everyone.” By focusing on the broad societal benefits, LeBlond argued, school choice advocates can create a more compelling case for policymakers and the public.

Thomas Fisher: The Role of Partnerships in Defending School Choice

Tom Fisher, Vice President of Legal Affairs at EdChoice, discussed the organization’s expanding role in defending school choice programs across the country. EdChoice has recently partnered with IJ and founded the Partnership for Educational Choice to take on more of the legal defense work in states where school choice is under attack.

Fisher emphasized the importance of building strong legal strategies, explaining that many opponents of school choice are shifting their arguments from religious concerns to funding and racial issues. “We’re seeing a growing trend where opponents argue that school choice programs divert funding from public schools or perpetuate segregation,” Fisher explained. He reassured the audience, “We’re ready to defend these programs in court. Our goal is to ensure that every child has access to the educational opportunities that work best for them.”

Michael Bindas: Legal Advocacy and Regulatory Challenges

Michael Bindas, Senior Attorney at the Institute for Justice (IJ), shared his thoughts on the future legal challenges to school choice. He noted that as more innovative educational models, like micro-schools and learning pods, emerge, there will be increasing efforts by government bodies to regulate these models, often stifling innovation.

“Government is going to govern,” Bindas pointed out, “but IJ is going to litigate to secure a true marketplace in education.” Bindas explained that IJ’s goal is to ensure that parents can freely choose the best educational options for their children without unnecessary regulatory barriers.

Conclusion: Collaboration and Legal Strategy — A Path Forward for School Choice

Throughout the panel, one message was clear: collaboration between state and national organizations is essential for advancing and defending school choice programs. From crafting legislation to preparing for legal battles, the panelists underscored the importance of working together to overcome obstacles.

As Melendez noted, “Every state is different, and the legal strategies that work in one place may not work in another. That’s why it’s so important to have a flexible, adaptable approach, and to lean on the expertise of national organizations like IJ and EdChoice.”

LeBlond echoed this sentiment. “EdChoice has been a leader in this movement, providing the research and advocacy we need to push forward school choice policies. Without organizations like EdChoice, we wouldn’t be having this conversation today.”

In closing, the panelists expressed optimism about the future of school choice, despite the ongoing legal challenges. “We’ve made incredible progress over the last few years,” Fisher concluded. “And with the continued support of parents, advocates, and legal experts, we’re confident that we can continue to expand educational freedom across the country.”