New school choice programs can launch quickly with effort, expert says, as more states consider them

After Tennessee approved a universal choice program during a special session in late January, Gov. Bill Lee celebrated the measure but waited more than a week to sign it into law – despite the program being slated to begin this fall.

School choice programs can take anywhere from a few months to more than a year to implement, one expert says, depending on the type of program.

Influencing factors can include the funding source, such as tax credits or the state budget; the speed of government bureaucrats; and likely legal challenges from school choice opponents.

As states from Texas to Kansas consider a variety of bills to establish or expand school choice, it’s worth examining what it takes to implement a measure once it passes.

Supporters want education freedom now 

State lawmakers “are between a rock and a hard place in the sense that people want these opportunities now,” Michael McShane, national research director for school choice advocate EdChoice told The Lion.

“Once the law gets passed in January or February, it’s like ‘OK, cool. When can I enroll my child? Can I do it right now? Can I at least do it for next school year?’”

Schools that campaigned for the program are likewise eager to take on new students. But the state first needs to ramp up its infrastructure.

McShane says a quick implementation can mean more hiccups once the program starts, but taking more time means increased pressure to “get it right” once it debuts. Thus, many states take an incremental approach, where the program takes two or three years to become fully universal.

While Florida scaled an existing school choice program to become universal in just a few months, McShane said, Utah took more than a year to establish its new education savings account program, including selecting an outside vendor to administer it.

States that hire an outside vendor must go through a competitive bidding process, which takes time. But even if a state handles the program “in house,” there can be challenges.

What if state officials still oppose it?

Sometimes government bureaucrats are “not necessarily super excited” about implementing school choice, McShane says. They are charged with writing rules and regulations based on the new law and establishing the state’s policies.

Often, “we’re really leaning on state departments of education to execute on these programs, and they’re not always in the best position to do that,” he says.

McShane cites Arizona, a pioneer in universal school choice, as a good example where the program rolled out quickly and effectively because there were pro-school choice members on the state Board of Education. 

“They are holding the folks’ feet to the fire that they actually execute on the program,” he says. “That’s not necessarily the case everywhere. 

“State boards of education are really important,” he says, adding school choice advocates should stay involved during the rules and policy process, attending meetings if possible. 

“In most cases the rules and regulations are put out for public comment before they’re finalized. Watch those things closely, and if it’s not what it’s supposed to be then say something or say what other states have done that are doing well.” 

Opponents take programs to court 

Then there are the legal challenges. Almost all school choice programs have faced lawsuits, McShane says, although most have been upheld. EdChoice’s legal department and advocates such as the Institute for Justice are helping lawmakers craft proposals that will withstand legal challenges. 

South Carolina is a recent exception, with the state Supreme Court striking down its program in September, a few weeks into the school year and after students had already received their first round of scholarship payments. 

The court’s makeup has since changed, however, leading advocates to believe the measure would withstand another challenge. The state Senate has already approved a bill to re-establish school choice; it now heads to the House. 

Even after school choice is established, opponents still try to take it down by seizing on a boilerplate narrative to cast doubt on the program, its effectiveness and who it’s serving. Often the accusations simply aren’t true. 

“In Arizona, there’s been all these garbage accusations that it’s bankrupting the state,” McShane says. “And then Matt Beienburg of the Goldwater Institute does some careful number-crunching and shows the state actually has a massive surplus.” 

School choice is a long-term proposition 

For those following a school choice bill in their legislature’s winter/spring session, including in Kansas, Texas and Mississippi, McShane advises taking a long-haul approach.  

“This is a marathon, not a sprint,” he says. “I think a lot of people see the four-month legislative session, or an even more condensed version of that, and it’s a sprint to get this bill passed, but that is like the first mile of a marathon. 

“You know, you still have all of these things that need to happen within the government, but then also I think the school choice movement needs to be aware that even if all of this stuff breaks the way that it should and everyone does exactly what they’re supposed to, you still have to help parents get onboarded onto this and all the schools growing and new people coming in – there’s a lot that needs to continue to happen.

“This is not a one year or 18 months and suddenly everything is different and better. This is a three-year, five-year, 10-year play to actually see a transformed education system for the better.”