New Hampshire’s Education Freedom Account program, established in 2021, has grown to more than 10,500 students — prompting Republican lawmakers to examine whether stronger verification requirements and clearer spending rules are needed to safeguard the program’s integrity.
Why It Matters
The EFA program gives families access to per-pupil state education adequacy funding, which can be used for private school tuition, homeschooling expenses, and other approved educational costs. As enrollment expands and a 2025 law removed income eligibility limits, scrutiny from both parties has intensified over how the funds are managed and who qualifies.
A 2025 law that stripped income caps from the program also imposed a 10,000-student enrollment ceiling. That cap has already been exceeded, with 10,510 students enrolled during the 2025-26 school year — each receiving $4,911 in state funding.
What Happened
A bipartisan group of lawmakers sent a letter in April to the State Board of Education requesting more precise definitions of which programs may receive EFA funding. The board rejected the request this month on procedural grounds, declining to act on the substance of the appeal.
Sen. Tim Lang, a Sanbornton Republican, separately wrote to the state board after meeting with Department of Education Commissioner Caitlin Davis. His April letter called for a formal rulemaking process to address two areas: clarifying permissible uses of EFA funds and requiring twice-annual audits of EFA recipients. “Many of us got these letters that our towns voted in their warrant articles about state funding,” Lang said, noting that constituent pressure helped drive his push for clearer rules.
Rep. Rick Ladd, the Republican chairman of the House Education Funding Committee, has said he wants to explore tightening verification standards for EFA students who receive special education funding — a subset of the program with its own compliance questions. Ladd has indicated legislation may be required to accomplish that goal.
Rep. Carol McGuire, an Epsom Republican, framed the proposed rule changes as straightforward. “So this is a request for the Department of Education to make better rules on these two specific subjects? That sounds like a reasonable request,” she said.
By the Numbers
- 10,510 students enrolled in the EFA program in the 2025-26 school year
- $4,911 per student distributed this school year
- 343 of the 10,510 current EFA students attended a public school the prior year
- ~24 municipal resolutions critical of the EFA program passed at New Hampshire town meetings over the past two years
- 2 new administrative rules sought through Sen. Lang’s April letter
Zoom Out
New Hampshire’s experience reflects a broader national pattern: school choice programs that expanded rapidly during the post-pandemic era are now drawing increased oversight attention even from supporters. Several other states have moved to add income-based guardrails or audit requirements to similar voucher and education savings account programs after enrollment growth outpaced original projections.
The Legislative Budget Assistant is already conducting a yearlong audit of the EFA program, ordered by lawmakers in 2025. That audit was expanded in May — with bipartisan support — to include a review of EFA students’ New Hampshire residency status and educational attainment data, two areas that have surfaced in local debates about program accountability.
At the local level, New Hampton voters passed a warrant article at their 2026 town meeting asking lawmakers to restrict EFA eligibility to families with demonstrated financial need and to require fiscal and educational performance reports for the program. That resolution was among roughly two dozen passed at town meetings statewide in recent years expressing concern about the program’s scope.
What’s Next
The State Board of Education’s rejection of the April rulemaking request leaves the oversight push in limbo for now. Any legislative changes are unlikely to take effect before the 2027 session at the earliest, given the timeline for drafting and advancing new bills.
Ladd’s effort to strengthen verification for special education recipients remains in an exploratory phase. Meanwhile, the ongoing Legislative Budget Assistant audit is expected to yield findings that could inform whatever action lawmakers ultimately take on the program’s governance framework.