Por Renan Filho · 2026-10-09**Lead**
Governor Kathy Hochul signed New York into a federal school choice program originally advanced by former President Donald Trump on Thursday, a decision that places her at odds with the state’s influential teachers unions and marks a significant shift in New York’s education policy. The program, which allows parents to use public funds—often in the form of tax credits or education savings accounts—to pay for private or religious school tuition, has been a cornerstone of Trump’s education agenda. Hochul’s signature makes New York one of the largest and most politically complex states to join the initiative, which has been adopted by more than a dozen others since its creation.
**Context**
The program, formally known as the Education Freedom Scholarship Act at the federal level, was signed into law during Trump’s presidency and provides matching federal funds to states that establish their own school choice mechanisms. Participating states must create a system where parents can redirect a portion of per-pupil public school funding to approved private schools, homeschooling co-ops, or other non-public educational providers. New York’s version, which Hochul approved via executive order and subsequent legislative action, will initially apply to families earning below a certain income threshold, though details of the income cap have not been finalized by the state education department.
Hochul’s decision comes after months of intense lobbying by both supporters and opponents. The New York State United Teachers (NYSUT), the state’s largest teachers union with more than 600,000 members, has consistently opposed school voucher programs, arguing that they divert critical resources from already underfunded public schools. NYSUT President Melinda Person has publicly criticized the move, stating that it undermines the principle of universal public education and risks exacerbating inequality. The union has vowed to challenge the program in court and to mobilize its members against any implementation that weakens public school funding.
On the other side, school choice advocates—including several Republican state legislators and organizations such as the Empire Center for Public Policy—have praised Hochul for what they call a pragmatic step toward giving parents more options. They argue that New York’s public school system, despite high per-pupil spending, has failed to close achievement gaps, particularly for low-income and minority students. The program is also seen as a way to attract federal dollars to the state without raising taxes.
Hochul, a Democrat, has sought to position herself as a moderate on education issues. She previously expanded charter school capacity and increased funding for public schools, but her support for this Trump-era program has surprised many in her party. The governor’s office issued a statement saying the decision was based on “expanding educational equity and parental choice” and that safeguards would be put in place to ensure public schools are not harmed. However, the statement did not provide specific details on how those safeguards would work.
**Analysis**
The political calculus behind Hochul’s move is complex. By signing onto a program associated with Trump, she risks alienating the progressive base that is crucial in a Democratic primary—should she face one in the future. Yet she may also be courting suburban swing voters who have shown increasing support for school choice in recent years. New York’s suburbs, particularly on Long Island and in the Hudson Valley, have seen a rise in private school enrollment and a growing frustration with public school bureaucracy. Hochul’s decision could help her build a broader coalition ahead of the 2026 gubernatorial election, though it remains to be seen whether the union backlash will outweigh any gains.
Nationally, the move reinforces a trend: school choice has become a bipartisan issue in practice, even as it remains ideologically divisive. Several Democratic governors, including Jared Polis of Colorado and Michelle Lujan Grisham of New Mexico, have also embraced versions of school choice programs, though usually with stronger public school protections. Hochul’s decision to join a Trump-branded program, however, is more politically risky because it ties her directly to a figure deeply unpopular among many Democratic voters. The program’s federal funding mechanism also means that New York will be subject to federal oversight, which could lead to conflicts with state education laws.
Legal challenges are almost certain. NYSUT has already signaled it will argue that the program violates the state constitution’s prohibition on using public funds for religious education, a provision that has blocked previous voucher attempts in New York. The state’s highest court, the Court of Appeals, has historically been skeptical of school choice initiatives, but recent shifts in its composition could make the outcome uncertain. Meanwhile, the federal government has indicated it will defend the program’s constitutionality, setting up a potential clash between state and federal courts.
For Trump, the expansion of his school choice program into New York is a symbolic victory, even though he is no longer in office. It demonstrates that his education policies continue to gain traction at the state level, and it may be used as a talking point in any future political campaigns. For Hochul, the gamble is high: she must balance the immediate benefits of federal funding and parental goodwill against the long-term risk of alienating the teachers unions that have been a cornerstone of Democratic political power in New York.
**Sources**
- Office of Governor Kathy Hochul, official press release on the signing. - New York State United Teachers (NYSUT), public statements and press releases. - Empire Center for Public Policy, analysis of school choice programs. - New York State Education Department, preliminary program guidelines. - National Conference of State Legislatures, data on state participation in federal school choice initiatives.