The Legal Fight Over Private School Choice: Who Is Suing and Why?

The program: Education Freedom Accounts

Who’s suing: Three parents of K-12 students in public schools

Why they’re suing: Plaintiffs alleged in a lawsuit filed in June 2024 that the state’s Education Freedom Account program—an education savings account approved as part of the state’s broader LEARNS Act legislation in 2023—illegally supplies private schools with funds meant for public schools.

What’s happened so far: State officials petitioned to have the case dismissed, but the state supreme court dismissed that request in December 2025. At the same time, the state supreme court ruled that three parents of students benefiting from the state’s ESA program have a right to participate as defendants.

What’s next: The case will return to trial court.

The program: Several ESA and tax-credit scholarship programs run by Step Up for Students, the state’s leading administrator of private school choice funds

Who’s suing: Seven K-12 private schools

Why they’re suing: Plaintiffs allege in a Feb.19 circuit court complaint that the organization’s persistent funding mistakes—including years-late and inaccurate payments to schools and families—have caused financial problems for schools trying to maintain services for students even when funding temporarily comes up short.

The program: Parental Choice Tax Credit

Who’s suing: Two public education advocacy groups, the state teachers' union, the Moscow school district, a former state superintendent of education, a current state lawmaker, and three other individuals

Why they’re suing: The nine plaintiffs allege the state is violating its constitutional commitment to “a general, uniform, and thorough system of free, common schools” by funding a separate set of schools that require students to pay tuition and can legally turn away students.

What’s happened so far: The conservative-leaning state supreme court—which includes four members appointed by Republican governors and one member who won a nonpartisan election—unanimously ruled on Feb. 5 against the plaintiffs, upholding the program and rejecting arguments that it’s unconstitutional. The case is essentially closed.

The program: MOScholars

Who’s suing: The Missouri chapter of the National Education Association

Why they’re suing: The plaintiff argues in a July 2025 lawsuit that Republican Gov. Mike Kehoe’s approval of a $51 million investment in the program from the state’s general fund violates the state constitution. The program previously drew its funding from taxpayers’ donations to organizations that grant scholarships to students attending private school.

What’s happened so far: A circuit court judge held a two-day hearing in November 2025, where program directors revealed that funding for roughly 98% of the K-12 students using the program’s scholarship money this year came from the state’s general fund, rather than from taxpayer donations. The court has yet to issue a ruling.

The program: Special Needs Equal Opportunity Education Savings Account Program

Who’s suing: Two education advocacy nonprofits

Why they’re suing: Plaintiffs alleged in a January 2024 lawsuit that Montana’s new ESA program for students with disabilities illegally shortchanged public schools and provided public funds for schools that aren’t legally required to provide needed services.

What’s happened so far: A district court judge ruled in December 2025 that lawmakers failed to use a legal mechanism for appropriations to establish the program. That ruling blocked the program from operating, effective immediately, but a judge the following month allowed it to continue through the end of the current school year.

The program: EdChoice vouchers

Who’s suing: A coalition of five school districts, two public school parents, and one advocacy group filed the initial lawsuit in January 2022. More than 300 school districts have since signed on to the coalition.

Why they’re suing: Plaintiffs argue that the state has prioritized investments in private school subsidies while simultaneously starving public schools of needed resources.

What’s happened so far: A county judge ruled in June 2025 that the program is unconstitutional but allowed it to continue while the case continues to play out. The state appealed the ruling and is awaiting a court hearing. Meanwhile, a Republican state lawmaker proposed legislation that would withhold state aid from schools participating in the lawsuit—then later amended the bill to dramatically reduce the amount the state would withhold.

The program: Education Freedom Scholarship

Who’s suing: A coalition of 10 public school parents, represented by the American Civil Liberties Union and education advocacy groups

Why they’re suing: Plaintiffs alleged in a November 2025 lawsuit that the program violates clauses of the state constitution that require adequate school funding that serves all students, and a single system of public schools.

What’s happened so far: Gov. Bill Lee has proposed doubling annual investment in the program to $310 million for as many as 40,000 students. The state says it’s received 56,000 applications from students hoping to participate in the program next year, including 18,000 from families reapplying for the funding.

The program: Education Fits All Scholarship

Who’s suing: The Utah Education Association, the state teachers' union and a chapter of the NEA

Why they’re suing: The plaintiff alleged in a May 2024 lawsuit that the program circumvents the constitutional requirement for the Utah State Board of Education to ensure that education funding goes to public schools.

What’s happened so far: A district court judge ruled in April 2025 that the program is unconstitutional but allowed it to continue until the state supreme court weighs in on the state’s appeal of the ruling.

The program: Steamboat Legacy Scholarship Program

Who’s suing: Wyoming Education Association, the state chapter of the NEA, along with nine public school parents

Why they’re suing: Plaintiffs alleged in a June 2025 lawsuit that the program violates constitutional requirements for a uniform system of public education and for restricting public funds to institutions under the “absolute control of the state” and for entities that require “necessary support for the poor.”

What’s happened so far: Weeks after the lawsuit was filed, a judge blocked the newly enacted program from taking effect while he considered the case. He ultimately issued a preliminary injunction just weeks later, arguing that the program likely violates the state constitution. In February, the state supreme court held a hearing on whether to lift the injunction, and members may also weigh in on the constitutionality of the program.