|Differences in School Choice Initiatives||CFSC Educational Freedom Act of 2022||ESA Act of 2022|
|Student eligibility||Universal, no means testing
|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.
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