State of Choice: March 2025
The push for universal education choice continued to gain traction in March, with Wyoming becoming the latest state to adopt an Education Savings Account (ESA) program open to all students. The development marks another key milestone in a national movement that has seen rapid legislative activity in recent years. Several other states advanced significant proposals this month, positioning them for potential wins before their legislative sessions conclude.
Early in the month, Wyoming Gov. Mark Gordon signed H.B. 0199 into law, expanding the state’s existing, limited ESA to include all students. The program will be funded with a $30 million appropriation, with accounts funded at $7,000 per student.
While Wyoming was the only state to cross the finish line this month (joining Tennessee and Idaho, which enacted programs earlier in the year), other states made significant progress toward expanding options for all students.
With two proposals moving through the legislature aiming to offer ESA programs with universal eligibility, Texas is inching closer to enacting its first private school choice program. In March, the Senate passed S.B. 2, where it now awaits action in the House Committee on Public Education. The legislation, aiming to create an ESA with universal eligibility and wide usage, would be funded by a $1 billion appropriation. Priority for participation would be given to students who were previously enrolled in public school, are members of a low-income household, and/or have a disability. Accounts would be funded at $10,000 per student and $11,500 for students with disabilities.
Meanwhile, the Texas House Public Education Committee met to discuss H.B. 3, a similar proposal also offering universal eligibility. The bill is more limiting in how families may use ESA funds but includes more funding for special needs students. The hearing went for a whopping 23 hours, and the bill is expected to see a floor vote in the coming weeks.
New Hampshire also took major steps toward achieving universal choice. For the first time, both the House and Senate passed bills to expand the state’s existing Education Freedom Account (EFA) program to offer universal eligibility.
H.B. 115 passed the House as amended and seeks to achieve true universality over two years, first by expanding who may participate in the program to students from families earning up to 400% of the federal poverty line (FPL). In the second year, the program will be available to all students. Meanwhile, S.B. 295 passed the Senate as amended, also seeking to lift the program’s income limits. However, this bill would introduce a new enrollment cap of 10,000 students. If enough applications were received to exceed 90% of the enrollment cap each year, that cap would be increased by 25%. Further, this legislation gives priority to currently enrolled EFA students and their siblings, students with disabilities, and students whose family income is at or below 350% FPL.
In her February budget proposal address, Gov. Kelly Ayotte’s announced that she would support universal EFAs for public school students. When asked on the NH Journal Podcast if she’d support an even more expansive proposal if sent to her desk by the legislature, she said, “of course I’ll look at what they put on my desk, and I’m certainly willing to work with the legislature on this point.” It is likely that the final language on expanding EFAs will make its way into budget negotiations later this session.
North Dakota lawmakers are also looking to advance choice this year, with two bills creating an ESA moving through the legislature. S.B. 2400 aims to create a means-tested ESA, with accounts valued at $3,500 for students with family incomes at or below 300% FPL, $2,000 for those exceeding 300% FPL but not exceeding 500% FPL, and $500 for those exceeding 500% FPL. All public-school students would also qualify to receive $500. A contrast to this bill, H.B. 1540, would create an ESA program with no income limits, but exclude homeschoolers. Accounts would be valued at 50% of the public school’s per pupil allotment, or about $4,000. Both bills would enable families generally wide use in how they may use account funds.
The steady pace of legislative action in March signals more than just policy momentum—it reflects a broader shift in how states are approaching K–12 education. As more lawmakers prioritize funding students rather than systems, the debate over education choice is moving from the margins to the mainstream. With several major proposals still in play and budget negotiations underway in multiple states, the coming months will be critical in determining how far and fast the education freedom movement continues to expand.
