Youngkin Says Educational Choice Act ‘Hugely’ Important; Opponents Say It Hurts Public Schools

Gov. Glenn Youngkin called new federal legislation to allow parents to donate tax-free towards their kids’ schooling — including private schools — a “landmark” moment for education on Wednesday afternoon.

However, public school advocates have opposed the measure, citing concerns about funding diversion, inequity, lack of oversight, and constitutional risks.

The legislation, known as the Educational Choice for Children Act, makes it easier for parents to send their children to private schools or other non-public options by allowing individuals or businesses to donate money tax-free to organizations that provide scholarships to families.

Virginia has a similar program known as the Education Improvement Scholarships Tax Credits Program, which provides state tax credits for donations made to approved scholarship foundations.

According to the Virginia Department of Education, the foundations provide scholarships to eligible students attending certain private schools and non-public pre-kindergarten programs. Approved scholarship foundations make payments directly to eligible schools selected by qualifying parents or legal guardians.

“First of all, this was a landmark moment where a tax incentivized choice program that works incredibly well in the commonwealth of Virginia, and we have a very successful one, translated into a national policy moment,” said Youngkin on Wednesday afternoon at the American Enterprise Institute in Washington, D.C.

States may choose whether or not to participate in the program. Youngkin, whose term ends soon, said the next governor will need to wait for further guidance to come out before committing Virginia to the initiative. However, he said he would like to see the commonwealth opt in first, saying it is a “hugely” important step.

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Opponents, including the National Education Association and American Federation of Teachers, have argued that the “the majority of taxpayers do not support the use of public monies for private education” and that the tax credits could divert essential funding from public schools to private institutions.

During his tenure, Youngkin has tried to provide alternative educational opportunities for Virginia’s K-12 students, including an unsuccessful plan to offer scholarships for students to attend private schools and cover other educational expenses. He also struggled to meet the goal of starting 20 charter schools, with the state constitution requiring state and local approvals. Virginia has a total of seven charter schools.

However, his administration did celebrate the establishment of the state’s 15th lab school — the Aerospace Academy of the Eastern Shore — during his tenure.

In 2010, the General Assembly and Republican Gov. Bob McDonnell passed legislation establishing laboratory schools, which operate like charter schools. The schools are developed and operated in partnership with colleges and universities and designed to offer students tuition-free specialized instruction for high-demand careers like teaching, computer science and technology.

For over a decade, no lab schools were established due to a lack of funding and interest. But in 2022, Youngkin and the General Assembly allocated $100 million to fund their development, with Virginia Commonwealth University opening the first in 2024. Institutions can receive up to $200,000 for one-time costs to design and, if successful, can earn a $1 million start-up grant.

On the new scholarship tax credits program, Youngkin reiterated Wednesday, “I will not leave office without making sure that Virginia has already agreed to do whatever is necessary for us to fully participate.”

There is no timetable for when the federal government will provide guidance to states on implementing the legislation but it is likely an issue the state’s next governor will need to address. Republican gubernatorial candidate Winsome Earle-Sears, who was Youngkin’s running mate and is the current lieutenant governor, has been a strong supporter of education options beyond public schools. Her opponent, Democratic nominee Abigail Spanberger, wants to keep as much public funding in Virginia’s schools as possible.

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