Universal Eligibility Is the Beginning of Universal Educational Choice, Not the End

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Just over three years ago, zero states offered universal educational choice. Today, 13 states offer programs like school vouchers or education savings accounts (ESAs) that are open to all students. This undoubtedly manifests a parent-led education revolution, but there is a conundrum. While many of these states have programs with universal eligibility, students are still being waitlisted. It is time for state lawmakers to truly embrace what it means to have a universal educational choice program.

North Carolina is a great example of this conundrum. The state’s Opportunity Scholarships program meets the threshold for universal eligibility—there are no limitations for participating based on family income, public school performance, special education designation, or anything else. But, rather than guaranteeing funding for all qualified students and allowing all to enter, the program allots a set amount to each eligible member based on need until the funding is fully spent. Last year, when the program was broadened to offer universal eligibility, it was funded with an appropriation of about $176.5 million for the first fiscal year, with a $15 million annual escalator, bringing the appropriation to about $191.5 million for fiscal year 2024–25. The law was written to include a jump in funding to $415.5 million for fiscal year 2025–26, with the $15 million escalator continuing until fiscal year 2031–32.

While all K–12 students now qualify, once enough students are accepted to meet the funding cap, no more may be admitted. Today, a whopping 55,000 students (approximately) are on the program waitlist—more than the number of students currently participating.

Luckily for those on the waitlist, the state just took a positive step to allow more families to participate. According to The Carolina Journal, legislation passed this month appropriates an additional $248 million in nonrecurring funds for this school year and $215.15 million in recurring funds. The new nonrecurring funds will immediately fund all current waitlist applicants, and the new recurring funds will help incrementally bring the cap to $800 million by 2031.

This is welcome news, but it doesn’t solve the underlying problem of a program solely meeting the threshold for universal eligibility, especially with increasing demand for choice. There will likely be more students who must be wait-listed in future years, and those students will be at the mercy of whether the state legislature appropriates enough funding for them to participate. Last year’s legislation propelling the program to universal eligibility became law without the support of Governor Roy Cooper when he allowed the legislation, an omnibus bill, to become law without his signature, with a likely veto override looming. Last week, Cooper vetoed this month’s legislation. The legislature is expected to convene later this year to override his veto, and it will depend on a one seat House supermajority if no Democrats join Republicans in the vote. Future expansions of the program are uncertain and will depend on the political makeup of the state house and governor’s mansion.

North Carolina is not alone. In 2023, Utah enacted a program with universal eligibility but appropriated just $40 million for scholarships, meaning only 5,000 students could be funded by the program’s start. In a similar fashion, Utah took a positive step to include more students this year, doubling the appropriation and, with it, the number of funded eligible students. Still, the moment more students apply than the program is funded for, more students will be wait-listed.

The Tar Heel State falls short in another pillar of universality: universal usage. Instead of creating an ESA program to achieve universal eligibility, like so many other states have done in recent years, North Carolina has expanded an existing voucher program. And while this is a positive step, voucher programs are more restrictive, generally only allowing families to use funds on private-school tuition. Meanwhile, ESAs allow families more flexibility in how scholarship funds are spent.

In the age of universal choice, with over a million students participating in choice programs nationwide, getting the details right can mean the difference between thousands of families getting a scholarship or not. It is therefore imperative for lawmakers to understand the three pillars of universality, which my colleagues and I at EdChoice have broken down:

Pillar #1, Universal Eligibility: Every student in the state must qualify for the program. To be fair, many states have cleared this bar. While in the past programs were limited to low-income students or students with special needs or students assigned to particular districts or schools, states have moved to create broad-based programs that everyone in the state qualifies for. Thirteen states have enacted programs with universal eligibility.

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