by (in alphabetical order) John Garrett Clawson, Cassie Davis, Reynaldo De La Garza, Katie Floyd , Sarah Pollock
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- Private or charter school tuition
- Textbooks
- Curricula
- Tutoring
- Private tuition or specialized therapy for children with disabilities
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However, consumables (e.g., pens and paper), transportation, and technological equipment would NOT be eligible expenses under SB 1178.
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While no fiscal note was prepared for SB 1178 in the 2015 state legislative session, the budget implications in other states with ESA programs can, to some extent, be used as proxies. To date, just two ESA programs - Arizona and Nevada - permit students without disabilities or an IEP to participate. These programs are much larger than other state programs and best resemble the proposed Texas program. Evidence documenting the fiscal impacts of voucher programs around the country is forthcoming on a separate Wiki page.
Arizona’s ESA program, known as the Empowerment Scholarship Program, did not produce any long-term savings for the state in 2014 (SB 1363 Fiscal Note, 2013) and may produce budget deficits similar to those seen in other voucher states if lawmakers continue to expand eligibility for the program (O'Dell and Sanchez, 2016). Despite awarding voucher amounts worth as little as half of the state subsidy sent to local school districts, some states are experiencing program budget deficits due to an substantial number of private school students enrolling in their choice programs. Because Nevada’s ESA program was temporarily halted due to concerns about the program’s constitutionality, no historical budget data currently exists. However, the fiscal note attached to the original legislation suggests the state may need to find an additional $85 million to guarantee true universal access if 75 percent of existing private school parents participate during the first school year (SB 302 Fiscal Note, 2015).
Like the Arizona program, the version of SB 1178 introduced in the Texas Senate in 2015 would have created enrollment caps, limiting the growth of the program over time. If enacted, the number of new students allowed into the program each year would have been capped at “one-half of one percent of the total number of students in average daily attendance in grades 1 through 12 in the state during the previous year (SB 1178 - Introduced, 2015).” If more students applied to participate than allotted under this provision, the Texas Education Agency would give first priority to children with disabilities or “education disadvantages” (SB 1178 - Introduced, 2015).
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Because universal ESAs resemble vouchers, evidence on the fiscal impacts of voucher programs can help policymakers to anticipate the fiscal impacts of ESAs. A review of the fiscal impact of vouchers is forthcoming on a separate Wiki page.
Legal Issues
States that have passed legislation adopting ESAs include Arizona, Florida, Mississippi, Nevada and Tennessee (EdChoice, 2016). Legislation is typically challenged on a constitutional basis; 40 states have constitutional amendments or provisions that prohibit public funding of "religious worship, exercise or instruction" (DeForrest, 2003). Referred to collectively as "Blaine Amendments," in reference to the original failed amendment to the United States Constitution, these state laws are part of the legal landscape in all states that currently have ESAs, with the exception of Tennessee. Plaintiffs argue that because money diverted from public schools to fund ESAs can be spent on tuition at religious private schools, such laws are unconstitutional in states with a Blaine Amendment. Similar forms of school choice, such as vouchers, have also been challenged on this basis in a larger number of states (Burke & Butcher, 2016; Healy & Rich, 2015).
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“School Choice in America,” EdChoice, last modified Oct. 28, 2016, http://www.edchoice.org/school-choice/school-choice-in-america.
S.B. 1178, Texas 84th Cong. (2015).
S.B. 2695, Mississippi 114th Cong. (2015).
S.B. 302, Nevada 302nd Cong. (2015).
S.B. 431, Tennessee 431st Cong. (2015).
S.N. 850, Florida 116th Cong. (2014).