Voters in 3 States Reject Ballot Initiatives on School Choice and Private School Funding

Students leave Thurgood Marshall Elementary school after the Seattle public school system was abruptly closed due to the pandemic, in Seattle on March 11, 2020. John Moore/Getty Images

Voters in Nebraska, Colorado, and Kentucky have rejected ballot initiatives that would have protected some forms of school choice, increased state funding for private schools, or both.

A ballot measure that was designed to enable state legislators to allocate public tax dollars to support students attending private or charter schools was resoundingly rejected by Kentucky voters on Election Day.

The measure was placed on the statewide ballot to modify the Kentucky Constitution via an amendment that would eliminate roadblocks to allowing a more lenient allocation of funds.

The proposal, which needed a simple majority to pass, was defeated at the polls following a push by leading Democrats who kept to a fundamental script, saying that tax dollars designated for education should be allocated exclusively to public institutions.

The proposed constitutional amendment would not have established policies regarding the potential diversion of public funds, but advocates projected that it would facilitate the development of policies that would assist students who attend private institutions.

Tax credit scholarships, education savings accounts, and vouchers were among the alternatives discussed.

Voters in Nebraska made a similar choice, voting down a piece of 2023 legislation that would have established a voucher or scholarship program using public dollars.

Nebraskans rejected LB1402, a law from 2023 that, via a federal program, would have allowed more families to afford private education.

Advocates of using state tax dollars to cover the expenses of private K–12 education contend that families dissatisfied with their public schools require additional alternatives.

However, the Nebraska State Education Association, private foundations, and rural and urban supporters of public schools won and the legislation was overturned.

In a race that officials did not call until Nov. 7, Colorado voters rejected a ballot measure that sought to safeguard parents’ right to school choice in the state constitution, which included the right to private schools.

The measure was met with harsh criticism from a range of public school supporters who expressed concern that it could pave the way for a voucher program, which would redirect public funds to private schools, including those with religious affiliations.

Additionally, the Christian Home Educators of Colorado said in a statement, “A simple reading of the School Choice Ballot Measure [Amendment 80] text implies that the child holds the right to school choice, while parents can only ‘direct’ the child’s education.”

On Nov. 7, with 78 percent of the votes counted, The Associated Press called the race, reporting that 51.9 percent of the ballots were cast against Amendment 80, while 48.1 percent were in favor of it.

At least 55 percent of voters were required to approve the proposition for it to be passed.

Other State Programs

According to a new report by Future Ed, school choice programs have gained popularity recently.

Of the 33 states offering private school choice programs, 12 have passed legislation that makes it possible for all students, regardless of their family’s financial situation, to apply for government subsidies to pay for private, religious, or even homeschooling programs.

Several red states, including Oklahoma and Florida, have passed significant legislation expanding the availability of school choice.

A parental choice tax credit system was established in Oklahoma and enacted in May 2023. Through this program, parents in the state can receive up to $7,500 per tax year to cover the costs of private school tuition, fees, and other expenses.

Additionally, $1,000 is awarded as a tax credit to parents who choose to educate their children at home.

Earlier this year, Florida passed HB1, a school choice law that authorized all students to receive taxpayer-backed scholarships.

A few days after Republican election victories, news that school choice might have a future began to swirl.

Texas Lt. Gov. Dan Patrick, who leads the Texas Senate, has indicated that he will prioritize developing a plan to direct taxpayer funds toward private education in the upcoming legislative session.

This was an issue of contention in the past term, with attempts to pass school choice failing in the state House.

Texas Gov. Greg Abbott, who has been a supporter of the initiative, said at a Nov. 11 press conference that 79 “true, hardcore school choice proponents” were now in the Texas House following the Nov. 5 election.

Passing legislation through the state Legislature would take 76 votes.

The Associated Press contributed to this report.