David Hodges is an attorney on IJ’s Educational Choice Team. David defends educational choice programs in court and heads IJ’s efforts to enact educational choice laws. He was also a member of the IJ team that successfully argued the landmark educational choice case Espinoza v. Montana Department of Revenue before the United States Supreme Court.
Prior to joining IJ, David cofounded the Governor’s STEM Scholars, an educational nonprofit program, and worked for Washington Post columnist Charles Krauthammer. Following law school, he worked at the law firm Winston & Strawn. David has been interviewed on PBS and NPR, quoted in the New York Times, and published in National Journal, Commentary, Star–Ledger, Weekly Standard, and the Ocean and Coastal Law Journal. He frequently speaks about educational issues at conferences and law schools.
David's Cases
Educational Choice | Publicly Funded Scholarships
South Carolina ESAs
In 2023, South Carolina created the Education Scholarship Trust Fund (“ESTF”) program. This student aid program grants thousands of qualifying, low-income families a $6,000 scholarship that parents can use for educational expenses for their children—things…
Massachusetts School Choice
Massachusetts law makes a guarantee to students with special needs: No matter who you are, or where you go to school, you are entitled to special education and related services. It is part of the…
Educational Choice | Publicly Funded Scholarships
Alaska School Choice
As a sparsely populated state, Alaska faces unique challenges in ensuring that all children can receive an education. To address this concern, the state created “correspondence programs,” in which a student’s public school used the…
Educational Choice | Publicly Funded Scholarships
New Hampshire School Choice
New Hampshire families are poised to defend the state’s Education Freedom Accounts (EFA) from a legal challenge.
Ohio School Choice
Two of Ohio’s most popular educational choice programs are under attack. This IJ suit seeks to defend these programs, which tens of thousands of Ohio students depend on.
Vermont Educational Choice
Vermont has one of the most robust school choice programs in the country, but there is one massive exception. The state does not provide the tuition benefit for parents who want to send their children…
Educational Choice | Publicly Funded Scholarships
Tennessee School Choice
In 2019, Tennessee enacted an Education Savings Account that helped thousands of low-and-middle-income students receive a quality education. A year later, the mayor of Nashville announced a lawsuit attacking the program. A group of Tennessee…
Educational Choice | Tax Credit Scholarships
Espinoza v. Montana Department of Revenue
On June 30, 2020, the U.S. Supreme Court decided one of the most important education reform cases in the past half-century. This landmark case held that the U.S. Constitution does not allow states to discriminate…
David's Research & Reports
Educational Choice
12 Myths and Realities About Private Educational Choice Programs
Educational choice programs—defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system—are a hallmark of meaningful educational reform. Yet despite widespread news coverage…
David's Amicus Briefs
Eidson, et. al. v. South Carolina Department of Education, et. al.
South Carolina Supreme Court
Mississippi Department of Finance and Administration, et al. v. Parents for Public Schools
Mississippi Supreme Court
FIRE v. Victim Rights Law Center
U.S. Supreme Court
David's Legislation
Educational Choice | Tax Credit Scholarships
Education Savings Account Act: Tax-Credit Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to parents. …
Educational Choice | Publicly Funded Scholarships
Education Savings Account Act: Publicly Funded
Our present system of delivering publicly funded education is in need of dramatic reform. Educational choice programs provide that reform as they shift the power from state boards of education and school districts to parents. …