Will a new governor and shifting Legislature mean the expansion of school choice in Arkansas?

A new governor and turnover in the state Legislature have proponents hopeful for the expansion of school-choice programs in the state during the 2023 legislative session.

A coalition of Democrats and Republicans from mostly rural areas have blocked numerous school voucher bills in committee in past sessions.

No legislation has been filed, but in interviews, influential members of the House and Senate education committees said they expect proposals to expand the state’s current school-choice programs, which cater to a limited number of low-income families and those with disabilities. 

Some also hinted that legislation could be introduced to create a universal voucher program, open to all students.

Specifics remain unknown as most members await an education reform package from Arkansas Gov.-elect Sarah Huckabee Sanders. Sanders made education — including school choice — a pillar of her gubernatorial campaign.

State Rep. Bruce Cozart (R-Hot Springs) is the longtime chairman of the House Education Committee, but he said he will not seek the post during the 94th General Assembly in 2023.

He noted that turnover on both education committees has made them friendlier to school-choice bills. Cozart supports programs that allow families to switch public schools, but he opposes allowing the use of public dollars on private school tuition.

“They probably will,” Cozart said when asked if school-choice expansion proposals would fare better in 2023 than in past sessions. “I can’t tell you 100%. But it’s on the new governor’s agenda and some of the new reps coming in and some reps that have switched over to the Senate.”

Asked if school-choice legislation would be a priority for Sanders’ administration, spokesman Judd Deere provided a statement.

“Governor-elect Sanders intends to work with the legislature and unleash bold, conservative education reforms — AR LEARNS — to expand quality education across Arkansas, empower parents, and ensure that kids are placed on a path to prosperity, not government dependency,” Deere said, referring to the Sanders campaign’s education priorities: literacy, empowerment, accountability, readiness, networking and safety.

During the campaign, Sanders said she wanted to “empower” parents to keep children from becoming trapped in “failing” schools.

Voucher programs are controversial in Arkansas and across the country. Tennessee’s voucher program, for instance, is mired in litigation and criminal allegations.

In Arkansas, the fights around vouchers have been more philosophical. 

Proponents believe voucher programs offer flexibility to families who haven’t been able to afford to send their children anywhere other than their local public school. Further, the local public school may not always be the best place for every student, they say.

Opponents, meanwhile, say voucher programs take away per-student funding from public schools, sending public money to private institutions that aren’t held to the same level of accountability and standards.

Arkansas’ newest voucher program, the Philanthropic Investment in Arkansas Kids Scholarship Program, eeked through the House in 2021 after earlier failed efforts. Because the legislation created tax credits, it was assigned to the House Revenue and Taxation Committee, avoiding the Education Committee where it would’ve faced more opposition.

That program, now in its first year, is capped at $2 million and only available to about 250 students whose family incomes are less than 200% of the federal poverty level.

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Laurie Lee, chairman of the Reform Alliance, which administers the Philanthropic Scholarship and Succeed Scholarship, said she’s hopeful for the expansion of both programs to more families with a new Legislature and governor. 

“We’re hoping that’s what happens,” she said. “Nobody can tell of course until it does.”

“We’re excited there’s a governor in Arkansas who is student-focused.”

So far, Arkansas’ voucher programs have been limited by funding caps and eligibility guidelines, but there are rumors that some legislators may propose a more universal voucher program similar to Arizona’s.

State Rep. Jim Dotson (R-Bentonville) has been one of the most vocal proponents of school choice in the Legislature, and he was elected to the state Senate in November.

He pointed to Arizona’s program, and he also suggested Arkansas’ next step could be the creation of an education savings account program. ESAs are tax-exempt accounts that can be used for education costs, like tuition, textbooks, tutoring, testing, etc.

“Will it pass?” Dotson said of school-choice legislation generally. “There’s a lot of momentum. Just have to see if it translates into votes once a bill is actually filed.” 

House Education Committee Vice Chairman Rep. Brian Evans (R-Cabot) said he thinks there will be some different school-choice proposals offered next year compared to past sessions, but most are in a holding pattern for now.

“I think by now, normally, we’d hear members talking about various items they’d want to run as bills in the session,” Evans said. “I think there is awareness of a reform package from the governor-elect, and members want to make sure they’re not going in a different direction that will be in direct conflict with that.”