Differences in School Choice Initiatives CFSC Educational Freedom Act of 2022 ESA Act of 2022
Student eligibility Universal, no means testing
No discrimination.
Means-tested phase-in over 4 years
Years 1 and 2 – income below $50K
Years 3 and 4 - income below $100K
Year 5 – any income level
Homeschooler (HS) eligibility All Homeschoolers are eligible,
Including private school affidavit (PSA)
PSA Homeschoolers are excluded
First Year Funding $14,000 $13,000
Accumulation of funds in ESA account No cap on amount accumulated for college or vocational training. Cap of $60,000 in accumulated funds.
Excess funds go back to Prop 98 Fund.
Funds Transferred to ESA Trust Two, equal transfers on Aug 1, Dec 31 3 or more transfers (potentially unequal)
Between Aug 1- June 15
Tuition payments to private schools Nine equal monthly payments between Aug 15 and May 15 Monthly payments (potentially unequal) and without specified funding dates.
ESA Trust Board Private, charter, religious and home school members. Supt Public Instruction nonvoting Includes private and religious school member. Superintendent votes.
State mandates on curriculum, teacher credentialing requirements, disciplinary policies, and admission policies. Specifically prohibits state imposition of these mandates on private schools or private homeschools Does not specifically state these prohibitions
Faith-based curriculum Cannot be excluded Not addressed
Student protections ESA participation shall not be suspended except for student ineligibility or specific parent/student prohibited acts. Not addressed
Private School Audits Requires a single annual, independent financial audit of the school’s finances. Requires tedious full public disclosure of all receipts and expenditures of ESA funds
Private School Health and Safety Standards Applies to private schools who serve students in-person at a physical location operated by the school. Applies to all private schools, even if the students do not meet in-person at a physical location.
Emancipated minor Allows emancipated minors to make educational decision on own behalf. Fails to allow emancipated minors to make educational decision on his behalf.
Legal actions against the EFA Act This act will remain fully in effect until overturned by an appellate court This may be suspended during period of legal challenge.
Parental Notification of ESA benefits Requires Superintendent of Public Instruction to provide parental notification of ESA program and benefits No required parental notification of ESA program and benefits
Parental intimidation or harassment by public school employees / administrators Prohibited by this act No prohibitions
Reporting of student or school ineligibility Safeguards against malicious reporting No safeguards against malicious reporting
Gift, grants, appropriations to ESA accounts May not be given to individual beneficiary’s account May be given to individual beneficiary’s account
Ineligible payments made by ESA Fund May seek refunds from schools, but not from parents (unless the parents obtained the payments fraudulently) May seek refunds from parents and schools
Eligible Colleges or Vocational Schools In-state or out-of-state colleges and vocational schools In-state or out-of-state colleges.
Only in-state vocation schools.