Families around the country have much to celebrate during this year’s National School Choice Week. Last year was dubbed “the year of school choice” after 18 states enacted or expanded programs to fund students instead of systems. The number of states with education savings accounts, the most flexible form of choice, jumped from five to 10.

Kentucky was one of those states, enacting the Educational Opportunity Account (EOA) Program—the nation’s first tax-credit funded education savings account. This innovative program will allow eligible parents to receive scholarship accounts that can be used for approved educational expenses, including private school tuition, tutoring, classes and extracurricular activities at public schools, instructional materials, and higher education courses. The accounts will be funded by donations from individuals and businesses who may receive tax credits for their donations.

Sadly, the “Council for Better Education,” which is made up of school districts, sued to block the program. A judge ruled in their favor in October, putting the program on hold. The Institute for Justice (IJ) filed an appeal with the KY Supreme Court on behalf of families who are eager to participate in the EOA program.

Akia McNeary, a mother of four with three school-aged children, is working with IJ to defend the program. She switched one of her children to private school because his public school wasn’t proficient in reading and math, but she struggles to afford it. “Why shouldn’t I have the choice to send my son to a school that is proficient in reading and math, why can’t I have that option as a parent?” asked McNeary in a local news story. She added that her own experience in public schools saw her graduate high school with a fourth-grade reading level.

It’s unfortunate that the educational establishment fights school choice programs instead of recognizing that diverse children have diverse needs. One claim opponents make against the tax credit program is that it drains funds from public schools. But the tax credit is completely separate from the education budget—it doesn’t impact public school funding at all. By this logic, any program the legislature funds—other than public schools—could be seen as “draining funds” from public schools.

While the case makes its way through the appeals process, Kentucky lawmakers are already seeking to expand eligibility for the program. The program currently has strict income limitations and a $25 million tax credit cap; only students in the largest counties can use the funds for private schools. The expansion efforts would extend private school tuition eligibility across the state as well as increase the income limit and program cap.

If IJ’s legal defense is successful and the legislative expansion goes through, Kentucky could be part of another “year of school choice” in 2022.