Teachers Unions Challenge Private School Voucher Programs Across the US

Teachers unions have been actively challenging the constitutionality of private school voucher programs in multiple states, with some successful lawsuits and ongoing court battles. The rise of private school choice, fueled by the US Supreme Court's Carson v. Makin ruling and growing parental interest in alternatives to traditional public schools, has led to a tug-of-war between public educators and school choice advocates.

Key Takeaways:

• At least five lawsuits have been filed by teachers unions against private school voucher programs in Wyoming, Utah, Montana, Missouri, and South Carolina since 2022.
• The Wyoming Education Association won a preliminary injunction against the state's universal voucher program in July 2023, temporarily halting the distribution of $7,000 scholarships.
• A Utah judge ruled a $100 million voucher program unconstitutional in April 2024, following a lawsuit by the state teachers union.
• Lawsuits in Montana, Missouri, and South Carolina are still working their way through the courts, with the Montana Federation of Public Employees, Missouri National Education Association, and state teachers union suing over the constitutionality of respective voucher programs.
• In South Carolina, the state Supreme Court initially ruled the Education Trust Fund Scholarship Program unconstitutional in 2024, but after revisions to funnel money from the lottery system, the program resumed in 2025.
• Other states, including Alaska and Wisconsin, have also seen union-led challenges to private school voucher programs.

Statistics:

• At least 33 states have some form of private school choice, according to the Georgetown University think tank FutureEd.
• The Wyoming universal voucher program provides $7,000 scholarships, funded from a state appropriation of $30 million.
• The Utah Fits All Scholarship Program has a budget of $100 million.
• The Missouri MOScholars program has a $50 million appropriation for scholarships and $1 million for program marketing in 2025.
• The National Education Association (NEA) has supported suits in multiple states, including Alaska and Wisconsin.

Sources:

• The 74 Million
• Carson v. Makin ruling
• FutureEd - Legislative Tracker 2025 State Private School Choice Bills
• Wyoming Education Association
• Utah Education Association
• Montana Federation of Public Employees
• Missouri National Education Association
• EdChoice Legal Advocates
• EdWeek
• Alaska Beacon
• We Are Educators Collective (WEAC)