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Editorial

How to Read a State Statute Without a Law Degree

The eligibility section, the appropriation, and the allowable-use list are the only three parts of a school-choice statute most families need to read. They are usually on three different pages.

By The School Choice Index Editorial Team · April 14, 2026 · 6-min read

If you want to know what your state's ESA actually does, the legislative text is the only authoritative source. Press releases, advocacy summaries, and even program FAQs frequently omit constraints that are written into the bill. The good news: most ESA statutes are between 8 and 40 pages, and the parts that matter to families are usually concentrated in three sections.

The *eligibility section* is the first thing to find. It will define which students may apply, list any priority categories, specify the income threshold (in raw dollars or as a multiple of the federal poverty level), and identify the documentation a family must provide. Look for the words "eligible student" — that defined term will appear throughout the statute.

The *appropriation* is usually near the back of the bill. It will name a dollar figure (often in the hundreds of millions), specify whether the program is funded inside or outside the state's K–12 funding formula, and indicate whether the appropriation is one-time or annualized. The appropriation, divided by the per-student award amount, gives you the program's theoretical seat count.

The *allowable-use list* is usually in the middle. It enumerates the categories of expenses that a family may pay for with ESA funds. The list is often non-exhaustive — meaning the administrator can add categories by rule — but the categories that are explicitly excluded usually appear here too.

Three other sections are worth scanning: the *administrator* (which agency or non-profit runs the program), the *rulemaking authority* (who can change the rules without legislative action), and the *sunset clause* (whether the program automatically expires). A few of the most-watched ESA programs in the country have implicit sunset clauses that few families know about.