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Bill would require EFA providers to meet same anti‑discrimination standards as public schools

House Education Policy and Administration Committee · January 12, 2026
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Summary

HB 18 19 would direct the State Board to review Education Freedom Account service providers annually for compliance with state and federal anti‑discrimination laws; supporters argued public funds should carry public‑school protections, while questions remain about religious exemptions and enforcement.

Representative Tracy Brookie introduced HB 18 19 to require that Education Freedom Account (EFA) service providers develop and implement anti‑discrimination policies comparable to those required of public districts and chartered public schools, and to have the State Board of Education annually review approved providers for continued compliance.

Supporters told the committee that the EFA program already requires providers to comply with state and federal anti‑discrimination laws, but that enforcement and transparency have been limited. David Trumble, testifying in favor, said that when public money funds private education services, the public has an interest in ensuring those providers follow nondiscrimination rules and protect students who receive services paid with taxpayer funds.

Witnesses and members discussed technical questions: whether federal civil‑rights laws tied to federal funding or IDEA apply automatically to private providers, how religious‑school exemptions would operate in practice, and whether the bill’s language should be calibrated to avoid importing unrelated federal statutes into K–12 compliance obligations. Supporters argued the measure would not invent new duties but would make existing statutory requirements enforceable and visible to families and taxpayers.

The committee closed testimony with agreement to seek technical clarifications about religious exemptions, enforcement mechanisms and how the State Board should conduct reviews.