IJ Pillar
Educational Choice
IJ stands for the idea that every child deserves a chance at a great education and that all parents, regardless of means, should enjoy the freedom to direct their children’s education.
All children deserve a chance at a great education, no matter where they live. At its heart, educational choice is simply the idea that all parents, regardless of means, should enjoy the freedom to choose where and how their children are educated. As the nation’s legislative advisors, IJ’s attorneys regularly help legislators and policymakers ensure that educational choice initiatives will pass constitutional muster. And as the nation’s preeminent courtroom defender of educational choice programs, the Institute for Justice intervenes in legal challenges to such programs on behalf of parents nationwide to protect and defend their right to direct the education and upbringing of their children.
IJ’s educational choice work is changing!
IJ has joined with EdChoice—the foundation established by Nobel laureate Milton Friedman and his wife, Rose—to create the Partnership for Educational Choice. After a multi-year transition period within this partnership, EdChoice will take over as the main defender of traditional educational choice programs, while IJ will turn our attention to the regulatory barriers that so often stand in the way of education providers—especially those developing new and innovative models.
Read the transition announcement from November 2023: The Next Chapter of IJ’s Educational Choice Work
Read the update from April 2026: The Future Of Educational Choice Is In Good Hands
Educational Choice Issues
Publicly Funded Scholarships
IJ has fought to protect nearly every publicly-funded scholarship program in the country from outside attacks.
Tax Credit-Funded Scholarships
By letting businesses and individuals reduce their annual tax liability through donations to a scholarship organization, the state encourages citizens to support educational choice.
Educational Choice Cases
Educational Choice
Wyoming Families Head to Court to Keep Education Choice Program Alive
Wyoming families intervene to defend education savings accounts for parents who choose alternatives to public school.
Educational Choice | Publicly Funded Scholarships
Parents File Petition to Restore South Carolina Educational Choice Program
In 2023, South Carolina created the Education Scholarship Trust Fund (“ESTF”) program. This student aid program grants thousands of qualifying, low-income families a $6,000 scholarship that parents can use for educational…
Educational Choice | Publicly Funded Scholarships
Arkansas Mothers Intervene to Defend Education Freedom Accounts Program Against Lawsuit
Arkansas parents defend a state program that provides eligible families with thousands of dollars to cover certain educational expenses.
Educational Choice | Publicly Funded Scholarships
Utah Families Defend Program That Expands Educational Opportunity
Utah families intervene to defend the Utah Fits All scholarship program, so that families have more choice with their children's' educational opportunities.
Educational Choice
Parents Sue Massachusetts Over Unconstitutional Conditions for Special Education Services
Massachusetts families are fighting for the right to receive special education services at the schools their children attend.
Educational Choice News
Appeals Court Rules Against Massachusetts Families in Lawsuit Over Unconstitutional Conditions for Special Education Services, Family Will Appeal to The Supreme Court
BOSTON—Last Friday, the 1st U.S. Circuit Court of Appeals upheld a lower court ruling that dismissed a lawsuit brought by Ariella and David Hellman, and Josh Harrison and Miriam Segura-Harrison,…
Arkansas Supreme Court Agrees to Let Group of Mothers Intervene to Defend Education Freedom Accounts Program, Sends Case Back to Trial Court
LITTLE ROCK, Ark.—Today, the Arkansas Supreme Court ruled that a group of parents has the right to intervene in a lawsuit and defend the constitutionality of the state’s Education Freedom Accounts (EFA) Program. The case will now head back to the trial…
Court to Hear Argument Determining Future of Special Education Program
Press Availability: 12/1/2025 Location and Time:, Panel Courtroom at the Moakley Courthouse, 7th Floor, 1 Courthouse Way, Boston, MA 02210. Arguments before the Court are scheduled to start at 9:30am…
Maine School Boards’ Broad Ban on Homeschoolers Goes Too Far
Town officials in Dexter, Maine are considering a proposal that bars homeschool co-op leaders and private-school employees from serving on the local school board. Supporters of the ordinance claim it…
Judge Allows Lawsuit Against Alaska Correspondence School Program to Move Forward, Families Will Continue Defending Program
ANCHORAGE, Alaska—Today, the Superior Court for the State of Alaska denied a motion to dismiss a lawsuit challenging the use of the state’s Correspondence School Program to pay for tuition at non-public schools. Parents…
Arkansas Mothers Move to Defend Arkansas EFA Program in Federal Court
ARLINGTON, Va.—Today, the Partnership for Educational Choice, a joint project of the Institute for Justice (IJ) and EdChoice, announced it has filed a motion to intervene in federal court on…
Educational Choice Legislation
Educational Choice | Tax Credit Scholarships
Education Savings Account Act: Tax-Credit Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to…
Educational Choice | Publicly Funded Scholarships
Education Savings Account Act: Publicly Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to…
Educational Choice Research
Educational Choice
The Status of Use-Based Exclusions & Educational Choice After Espinoza
In this article, Michael Bindas discusses the U.S. Supreme Court’s decision in Espinoza v. Montana Department for Revenue, in which the Court held that states cannot bar families participating in educational choice programs from…
Educational Choice
12 Myths and Realities About Private Educational Choice Programs
Educational choice programs—defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system—are a hallmark of meaningful educational reform. Yet despite widespread news…