Federal School Choice Passage Triggers Concerns Of Private School Control

By Carole Hornsby Haynes      July 13, 2025 

On July 4, President Trump signed into law a federal school choice program contained within the “One Big Beautiful Bill.” The legislation has sparked concern that federal school choice is the camel’s nose in the tent of private education. 

Funding for the voucher will be generated by taxpayers donating up to $1700 annually to government approved scholarship granting organizations (SGO) in exchange for a dollar-for-dollar tax credit. SGOs will use the funds for scholarships for K-12 public and private school students. Scholarship funds can be applied toward private schools, homeschooling, tutoring, special education services, transportation, technology, and other qualified educational expenses. 

Although earlier versions of the bill limited the program to $4 to $5 billion each year for four years, the final version has no cap on funding nor an expiration date.  An analysis of IRS data by the Institute on Taxation and Economic Policy found that, if 59 million of those who are eligible choose to take a tax credit, the cost to the federal government in lost tax revenue would be $101 billion per year. 

The House bill provided for a universal program funded by tax credits. In the Senate, the parliamentarian advised that the tax credit was deemed “extraneous” to the federal tax reconciliation bill. To secure passage, senators amended the bill to “allow states to decide whether to participate.” With an opt-in, blue states likely will not participate. 

Language in the House bill that protected religious liberty and sought to restrain government control over private schools was stripped from the final bill before passage. 

Although the language of the bill is vague so as to allow wide interpretations by an administrative state that adopts the program, especially regarding homeschooling, the bill contains some highly troubling signs. 

To be eligible for payment through the voucher, a tutor must be licensed as a teacher, have taught at an eligible educational institution, or be a subject matter expert in the relevant subject. Who determines whether someone is a subject matter expert? If being licensed makes one superior as a teacher, why are public school students failing on so many levels academically when public school teachers are licensed. If having taught at an educational institution – either K-12 or higher education – makes one competent to be a tutor, then consider how much learning is occurring at the K-12 and higher education levels. Do we really want to replicate that from which we are fleeing? 

We can expect mandates that private schools be accredited and teachers state certified. Neither has been found to improve the learning process. 

Voucher opponents are demanding accountability for private schools that accept government funding. Public schools have been subjected to ever increasing levels of accountability, yet it has made no difference in their academic success. So what is the point? 

With the passage of the national school voucher without a ban on government interference and funding through the tax code, the stage has been set for the eventual control over private education. 

Republicans have a mandate from the people to get the federal government out of public education. Yet they have expanded government control with a private school voucher funded by tax credits. 

Some members of Congress privately have expressed deep concern about the national voucher gradually entangling private education. Yet they caved to public fury over public education and the rallying cry of Senator Ted Cruz: “School choice is the civil rights issue of the 21st century. Every child, regardless of race or wealth or ethnicity, deserves access to an excellent education. This tax credit provision will unleash billions of dollars every single year for scholarships for kids to attend the K-12 school of their choice.” 

The question is whether the results of government funding for private education will be any different from the results of government funding for public schools. 

For years critics have warned that publicly funded school choice is the camel's nose in the tent of private education. UNESCO, the education agency of the communist United Nations, envisions government control of private education through taxpayer funded school choice. 

More federal legislation to get students out of dysfunctional public schools, destroyed largely by federal intrusion, is not the solution. With the help of Republican zealots, popular tax credits, and federal statutes, the nation is likely to witness private education fall to federal control.