Opportunity Scholarships

Students must meet the following requirements for eligibility: (1) live in North Carolina; (2) be at least 5 years old by August 31 or at least 4 years old by April 16 and approved for kindergarten according to the head of the school after finding “that the child is gifted and that the child has the maturity to justify admission to the school” according to state guidelines; (3) has not graduated from high school; and (4) has not enrolled in post-secondary institution full-time. Students may participate in both the Opportunity Scholarship and ESA+ program. If more students apply than funding permits, then scholarships are awarded first to students who had a scholarship the prior year and then to students based on their household income level. _(Last updated July 15, 2024)_

Opportunity Scholarship funds are used to pay for tuition at participating private schools. Fees for transportation, books, equipment, and other items required by the school may also be covered by the program, with payments made directly to the school. _(Last updated July 15, 2024)_

The maximum scholarship amount allowed is 100% of the average per-pupil state K–12 allocation based on the prior fiscal year, not to exceed the private school’s actual tuition and fees. The maximum amount is reserved for students from families earning at or below the federal Free and Reduced-Price Lunch (FRL) program. Families earning above this threshold receive lesser amounts in graduated tiers. See the schedule below: **Household Income Level** | **Maximum Voucher Amount** ---|--- 100% FRL and below | 100% average state funding 100% FRL to 200% FRL | 90% average state funding 200% FRL to 450% FRL | 60% average state funding 450% FRL and up | 45% average state funding The North Carolina legislature appropriated $541,500,000 for 2024–2025, meaning no more than 95,000 students will be able to participate, or about 5% of North Carolina’s K–12 student population. _(Last updated July 15, 2024)_

On July 23, 2015, the North Carolina Supreme Court in _Hart v. State_ upheld the constitutionality of all aspects of the state’s scholarship for children of low-income households. The lower court decision in _Hart v. State_ , No. 13-CVS-16771 (August 28, 2014), was overturned. _Hart v. State_ , 774 S.E.2d 281 (N.C. 2015); _Richardson v. State_ , 774 S.E.2d 304 (2015). On April 19, 2023, the North Carolina Association of Educators filed a notice of voluntary dismissal in _Walker Kelly v. State of North Carolina_. They brought the case alleging the Opportunity Scholarships program, “as applied,” unlawfully funds religious discrimination, lacks meaningful educational requirements, discriminates against students based on “homosexuality, bisexuality, or gender non-conformity,” and fails to accomplish a public purpose. _Kelly v. State and North Carolina State Education Assistance Authority_ , Wake County General Court of Justice, Superior Court Div., No. 20-CVS-8346. Prior to the voluntary dismissal, the Court of Appeals of North Carolina remanded the case, ruling that plaintiffs’ “as applied” challenge was improper; plaintiffs can only make a facial challenge against the Opportunity Scholarship Program. _Walker Kelly v. State of North Carolina_ , Court of Appeals of North Carolina, 2022-NCCOA-675, No. COA21-709. The North Carolina Association of Educators have not released any public statements about their decision to withdraw the case. _(Last Updated December 6, 2023)_