School choice is approaching a significant milestone. If Texas enacts a universal school choice bill, which appears likely, more than half of K-12 students nationwide will be eligible for private school choice. Already this year, Idaho, Tennessee, and Wyoming have introduced or expanded universal education choice policies, making all K-12 students in those states eligible.
Three other states—New Hampshire, North Dakota, and Texas—are moving toward similar measures. Each state’s legislative chambers have passed universal choice bills, but the House versions offer preferable policies over those proposed in the Senate.
Over the past five years, the number of students benefiting from school choice has more than doubled. Today, about 1.2 million K-12 students nationwide use education savings accounts, tax credit scholarships, or school vouchers to attend schools of their choice.
The rise in school choice enrollment follows the adoption of universal school choice policies, which make all K-12 students eligible rather than limiting eligibility to certain groups. Five years ago, no state had a publicly funded universal school choice program. Now, 14 states do.
Additionally, Georgia and Montana have privately funded tax credit scholarship programs for all students, and more than 95% of Indiana students qualify for school vouchers.
Currently, nearly 30% of students nationwide qualify for publicly funded private school choice, including education savings accounts and school vouchers. When tax credit scholarship programs are included, this figure rises to 39%. If New Hampshire, North Dakota, and Texas pass universal school choice laws, over 52% of K-12 students nationwide will be eligible.
New Hampshire
Lawmakers in New Hampshire are considering two proposals that would expand eligibility for the state’s Education Freedom Accounts. Currently, fewer than half of New Hampshire’s students qualify for these accounts, which allow families to use a portion of per-pupil public funding for private school tuition, tutoring, textbooks, homeschool curricula, and online courses. These accounts provide about $5,200 per student, a fraction of the $26,300 average per-pupil spending in New Hampshire’s district schools.
Both Senate Bill 295 and House Bill 115 propose universal eligibility. The House bill would raise the income cap from 350% to 400% of the federal poverty level immediately and remove the cap entirely by July 2026. The Senate version would eliminate income requirements immediately but impose a 10,000-student enrollment cap, which could increase by 25% annually if exceeded.
While both proposals would expand access, the Senate’s version introduces a limitation. Currently, all eligible students can access an Education Freedom Account, which is tied to school funding. Although the proposed cap is nearly double the current 5,600 students enrolled, it could be reached quickly. If demand exceeds the cap, priority would go to current students, their siblings, students with special needs, and low-income families.
The cap aims to provide budget predictability, but it creates uncertainty for families seeking better education options. Even if combined with the state’s tax credit scholarship program, total spending would still be less than 0.8% of the $4 billion New Hampshire spends on public education each year. Public schools have no enrollment caps, and neither should the Education Freedom Account program.
North Dakota
North Dakota lawmakers have passed two bills—House Bill 1540 and Senate Bill 2400—aimed at creating universal education savings accounts. Both represent a significant step forward, but the House version offers a stronger approach.
The House bill would allocate $40 million from the state’s general fund, providing about $4,000 per scholarship for an estimated 8,000 students, aligning with Gov. Kelly Armstrong’s budget proposal of $44.3 million for education savings accounts.
The Senate bill, costing an estimated $58 million, offers smaller amounts: $3,500 for low-income private school students, $500 or $2,000 for other private schoolers, and $500 for homeschoolers. Unlike other states’ education savings accounts, this proposal extends funding to public school students, introducing a new expense without offsetting savings.
Additionally, the Senate version imposes restrictive regulations. It mandates that students in private schools take the same state assessments as public school students. This requirement may narrow curriculum choices and deter private schools from participating. In contrast, the House bill allows families to select from various nationally norm-referenced tests, balancing accountability with school autonomy.
A key difference is the treatment of homeschoolers. The Senate version includes them, while the House version was amended to exclude them.
Texas
Texas lawmakers are considering Senate Bill 2 and House Bill 3, both of which propose a universal education savings account. However, the House version provides a more favorable framework.
Both bills would make all K-12 students eligible but cap funding at $1 billion over two years. If demand exceeds the cap, priority systems would determine access. The Senate bill takes a simpler approach with fewer priority categories but reserves 80% of accounts for public school students who have disabilities or come from families earning up to 500% of the poverty level. The House bill does not include this reservation.
The funding mechanisms also differ. The Senate bill proposes a flat $10,000 per private school student, with an additional $1,500 for students with special needs. Texas public schools spend an average of $15,500 per pupil.
The House bill ties education savings account funding to public school allocations, offering about 85% of the average per-pupil amount, translating to roughly $13,000 per student—around the cost of private high school tuition in Texas. Students with special needs could receive up to $30,000. This funding structure would adjust automatically if public school funding changes.
Both bills provide less funding for homeschoolers, though ideally, they would receive the same treatment as other students.
The Future of School Choice
Regardless of which versions of the education savings account bills become law in New Hampshire, North Dakota, and Texas, students will gain greater access to educational opportunities. However, if lawmakers adopt the more flexible and expansive policies proposed in each state’s House version, students and families will be even better served.
