New Hampshire’s elected officials marked National School Choice Week on Thursday, with Gov. Kelly Ayotte opting the state into a new federal school choice tax credit program — just hours before state Senate Republicans moved ahead with legislation to create universal open enrollment in public schools.
The moves are the latest in a series of victories for Granite State supporters of education choice and a sign that Democratic attacks claiming school choice is “destroying public schools” are not gaining traction.
Ayotte announced Thursday that New Hampshire will participate in the new Federal Education Tax Credit program for Scholarship Granting Organizations (SGOs), a Trump-backed initiative approved by Congress as part of the so-called “One Big Beautiful Bill” passed in July.
The program allows individuals and businesses to receive a dollar-for-dollar federal tax credit of up to $1,700 for contributions to approved nonprofit SGOs. Those organizations then award scholarships to help students pay for tuition, tutoring, special education services, and other approved education-related expenses.
“New Hampshire continues to invest in educational opportunities for our students, whether it’s historic levels of funding for special education or expanding education options for families,” Ayotte said in a statement. “We want every child across our state to be in the learning environment that best fits their needs, and this tax credit opportunity will help give families that choice and provide tax relief to individuals and businesses.”
All four members of New Hampshire’s federal delegation voted against the legislation creating the program.
National education choice advocate Corey DeAngelis noted the announcement brings the total number of participating states to 27.
“New Hampshire Gov. Kelly Ayotte just announced New Hampshire will opt in to Trump’s new school choice program,” DeAngelis posted on social media. “We’re now at 27 states.”
Eligibility for the scholarships is capped at families earning up to 300 percent of the state’s median household income, roughly $290,000.
State participation is required for taxpayers to claim the credit, making Ayotte’s decision a key step in unlocking the program for New Hampshire families and employers.
Education Commissioner Caitlin D. Davis said the program will give families more flexibility in meeting their children’s needs.
“By participating in this program, New Hampshire continues to be focused on ensuring students have access to the supports that help them thrive,” Davis said. “The Federal Education Tax Credit program offers families additional flexibility to access educational resources and services aligned with their children’s needs.”
Federal regulators at the Internal Revenue Service and U.S. Department of Education are expected to release additional guidance on program implementation in the coming months.
Also on Thursday, Senate Republicans moved swiftly to pass legislation creating universal open enrollment in New Hampshire public schools.
Using a parliamentary maneuver, lawmakers added the proposal as a floor amendment to an unrelated House bill, thereby bypassing the committee process in both chambers. The Senate passed the measure 16-8 along party lines, sending it back to the House for an up-or-down vote.
If enacted, the bill would allow students to enroll in any public school district in the state, regardless of where they live. Districts would be required to both accept students from outside their communities and allow their own students to attend schools elsewhere, with tuition payments following the student.
Republicans argued the accelerated timeline is necessary so districts and families can plan ahead of annual school meetings scheduled for February and March. If approved by the House and signed by Ayotte, the law would take effect immediately.
New Hampshire Democrats have overwhelmingly opposed school choice initiatives, which are also opposed by their allies — and financial supporters — in teachers unions. In fact, 2024 gubernatorial candidate Cindy Warmington vowed to shut down the state’s popular Education Freedom Account (EFA) program and require students who could not afford their chosen options to return to government-run schools.
Warmington’s position drew criticism after it was revealed that both of her children attended the elite Tilton School, an independent boarding and preparatory school in New Hampshire. Tilton charges $38,500 for day students and nearly $67,000 for boarding students.
School choice advocates argue that open enrollment is a form of choice within the public school system and, therefore, unions and their allies should embrace it. Some Democrats have argued open enrollment could be a strategy to counter the growing support for private school choice and scholarships.
Kate Baker Demers, who oversees the EFA program at Children’s Scholarship Fund NH, acknowledged that open enrollment would likely reduce participation. But as an advocate for choice, she said she supports it.
“There are some families who want to choose different schools within their districts,” Demers told NHJournal. “They could use their EFA for that, but with EFAs, parents are giving up all the local tax dollars and only using the state portion of funding.
“It’s not really enough for a family to be able to pay tuition at another public school district, because districts might charge their cost per pupil, which we know in New Hampshire is between $20,000 and $30,000.”
Even so, Demers said she backs the policy.
“I’m always going to be for more opportunities for kids in New Hampshire — every time.”