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Public Schools

New year, same state legislatures

Missouri state legislature in session
January 16, 2026
Nik Nartowicz

It’s a new year, so state legislatures are coming back into session. It’s also an election year, which means we can expect to see a lot of bills introduced by legislators who want to improve their chances of staying in office – or perhaps help them get elected to a higher office.

Every year, AU tracks hundreds of bills. Here is an overview of the types of bills we are already tracking:

Religion in public schools

Over the last few years, there has been an avalanche of state bills designed to promote religion in public schools. As someone who reads this blog, you are undoubtedly aware about the lawsuits we’ve filed in Arkansas, Louisiana, and Texas challenging laws that require public schools to display the Ten Commandments, a religious code, in every single public school classroom. Despite the fact that judges in all three states said those laws were unconstitutional, we’re tracking bills like HB 1612 in Missouri which would do the exact same thing. 

But it’s not just about Ten Commandments displays in public schools. Alabama has introduced a bill to allow chaplains to serve in public schools, and Oklahoma introduced a bill to allow teachers to pray with students. Every public school student should feel welcomed and included at school, regardless of their religion or beliefs, but these bills undermine that goal. AU will fight to make sure our public schools don’t promote religion or compel students to take part in religious activities.

Private school vouchers

Private school vouchers are another issue that has exploded in recent years. Just since 2022, 18 state legislatures have enacted universal private school voucher programs that make every child in the state eligible to receive a voucher. But vouchers are unpopular: During the 2024 elections, voters in Colorado, Kentucky, and Nebraska delivered a drubbing of vouchers at the ballot box. For example, 65 percent of Kentucky voters, and a majority of voters in every county in the state, rejected a constitutional amendment that would have allowed school vouchers.

Despite this reality, we’re tracking bills like HB 2 in Mississippi, which would create a new universal private school voucher program in the state. We’re also tracking bills like HB 88 in Kentucky – yes, the state that very recently overwhelmingly rejected vouchers just about a year ago –that would opt the state into the federal school voucher program that was enacted last year.

It’s no surprise that voters in Kentucky (and Colorado and Nebraska) voted so strongly against vouchers because they divert desperately needed taxpayer dollars away from public schools to fund private, mostly religious schools. They also primarily fund wealthy students who already attend private schools. In Arkansas, 88% of participating voucher students in the 2024-25 school year did not attend public school the year before.

And, of course, vouchers are ripe for fraud and abuse: In Arizona, for example, reporting found that parents receiving vouchers through the Arizona Empowerment Scholarship Account program used the state dollars to buy diamond rings and necklaces, kitchen appliances, lingerie, 200 iPhones, more than 50 smart TVs, and dozens of gift cards worth up to $500 each.

AU monitoring state legislatures

It’s impossible to predict what will happen in state legislatures. It may turn out that none of the bills I’ve described become law. And there are many more bills that have yet to be introduced. But AU will continue to monitor state legislation, engage with partners across the country, and actively oppose bills that would undermine religious freedom for all. 

If you care about these issues or church-state separation in general, you can become an AU member and follow us on Facebook, Instagram, TikTok, and other social media platforms to stay informed about all the work we do to fight for religious freedom.

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Americans United for Separation of Church and State is a nonpartisan, not-for-profit educational and advocacy organization that brings together people of all religions and none to protect the right of everyone to believe as they want — and stop anyone from using their beliefs to harm others. We fight in the courts, legislatures, and the public square for freedom without favor and equality without exception.

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