Publication Date

Spring 4-29-2026

School

Helms School of Government

Major

Government: Politics and Policy

Keywords

Educational Savings Accounts, Home-Education, 14th Amendment, 1st Amendment

Disciplines

Constitutional Law

Abstract

Public commodities require public access. I review twenty-one state-funded education savings accounts (ESAs) funded by general fund revenues to argue that limiting home-education access violates principles of public access—The General Availability Doctrine. To the dismay of many home-educated students, nine state-funded ESAs require parents to terminate their home-education status as a condition for public funds. At least five state-funded ESAs require public school attendance as a prerequisite to receive funds, thereby precluding homeschooling students. Three state-funded ESAs treat home-education negatively by reducing funding based on a student's home-education status. The discriminatory treatment of home-educated parents and students raises First and Fourteenth Amendment issues. Homeschooling coalitions, state lawmakers, and judicial advocates must challenge these ESA statutes. Homeschooling students deserve nothing less than equal justice under the law, the same justice given to their publicly educated counterparts.

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