Nevada’s universal education savings accounts were the most far-reaching educational choice program ever created, but they suffered a setback earlier this year when the state Supreme Court ruled the funding mechanism unconstitutional.
November elections swept pro-school choice Republicans from power. Potential legislative fixes a likely bargaining chip between Democratic lawmakers and Gov. Brian Sandoval, meaning it’s an open question whether the program will ever get funded.
While Nevada’s fate remains uncertian, educational choice advocates are looking to other states to follow up with legislation that might match its scope and ambition.
There’s no question education savings accounts will be on the agenda in state capitals all over the country next year. They’ve been passed by legislatures in six states and signed into law in five. A total 18 states drafted, studied or introduced ESA bills in 2016, and this fall’s elections may have tipped the political balance for educational choice in statehouses around the country.
Observers and education reform experts gathered in Washington last week for the Foundation for Excellence in Education conference had some ideas for states worth keeping an eye on.
Iowa
The top choice of Robert Enlow, the president of EdChoice, Iowa already has a tax credit scholarship program.
Iowa lawmakers actually drafted a universal ESA bill a whole month before their Nevada counterparts back in 2015. But despite 24 co-sponsors, the proposal never gained traction. Another ESA bill to create a smaller pilot ESA program for 190 students could only make it out of a subcommittee in the Republican-controlled House.
The November elections may have changed the political calculus. Republicans gained control of the state Senate, and now observers across the political spectrum seem to believe some form of ESA legislation is in the works.
Georgia
The Peach State already has two school choice programs, a tax credit scholarship and a voucher for students with special needs. The legislature and governor’s office are both controlled by school choice-friendly Republicans. The state’s tax credit scholarship program is currently facing a lawsuit. That case was dismissed and is now awaiting an appeal, so will the threat of more legal action be enough to put a damper on new legislation?
In 2015, ESA legislation was introduced and then stalled in the Senate, and passed one committee in the House. The question is whether things might go differently in 2017.
New Hampshire
Lindsey Burke, an education analyst at the Heritage Foundation and a supporter of universal ESAs, said this is a state to watch. The state already has an existing tax credit scholarship program and again, the November elections swept Republicans into power. The New Hampshire legislature requested a study of ESAs in 2015-16.
Texas
Texas is now the only state in the South without a private school choice program, and it remains a bit of a wild card. Lt. Gov. Dan Patrick has declared school choice a top priority since his election in 2015 and is now campaigning for education savings accounts. While there is some interest in the state Senate, there has been considerable resistance from a coalition of rural Republicans and Democrats in the House, as well as organized opposition in the form of anti-school choice religious leaders known as Pastors for Texas Children.
West Virginia
This may seem crazy, since West Virginia doesn’t even have a charter school law yet, but it may be the dark horse candidate worth watching.
The political ground shifted in the November elections. Republicans now control both chambers of the state legislature. Jim Justice, the Governor-elect, is a Republican-turned-Democrat with no prior political experience. The legislature has already laid the groundwork for a private school choice debate, requesting a study on the financial impact of ESAs. This week, lawmakers brought in national school choice advocates to talk about the issue.
Alternates
This is far from an exhaustive list. According to EdChoice, Delaware, Illinois, Indiana, Kansas, Kentucky, Minnesota, Missouri, New Jersey, North Carolina, and Oklahoma also drafted or introduced ESA bills during the 2015-16 legislative sessions.
At the conference in Washington, Enlow smiled coyly and told the audience to watch Pennsylvania. If true, Gov. Tom Wolfe could be the first Democratic governor to sign an ESA bill into law. Gov. McAuliffe of Virginia missed that opportunity when he vetoed an ESA program for children with special needs earlier this year. Wisconsin is also talking about ESAs as a possibility.
There’s no question ESAs will be widely debated in 2017. The question is whether more states will be able to offer them to families, and whether the programs they actual pass will be universally available, or aimed at targeted populations, such as students with special needs.
