Trick or Treat? The Spooky Reality of School Choice Regulations

How red tape is undermining a free marketplace of education

Tonight, kids will fill the streets for a classic American tradition: trick-or-treating. Unlike the district school system, where learning is limited by ZIP code, kids will cross neighborhoods in search of the good stuff — gummies, lollipops, maybe even a king-sized chocolate bar.

But when it comes to accessing educational options through school choice programs, too many states are handing out tricks. Well-intentioned but overbearing rules often turn freedom into frustration. To build a thriving education marketplace, policymakers should trust families over red tape.

So this Halloween, the question is simple: Are your school choice policies tricks — or treats?

Trick: Even the broadest of programs can get tangled in bureaucratic cobwebs. Parents in some states wait weeks or longer for purchase approvals, or they get inconsistent answers about what counts as an allowable expense. This confusion discourages participation and wastes time that should be spent helping students learn. Implementation is policy in action, and if parents can’t use funds easily or consistently, the promise of choice becomes hollow. That’s why states must design programs with usability at the center.

Treat: States like Arizona and New Hampshire have shown that transparency and efficiency can coexist. With smart safeguards like clear rules, quick approvals, and rollover options for unused funds, families act responsibly while fraud remains incredibly low (less than 1% nationwide). The result is a parent-friendly system that builds trust instead of frustration.

Trick: You don’t check a kid’s family income before the candy goes in his pillowcase. But some states do check before they allow students to participate in school choice programs. Across the country, programs still face stringent restrictions, some limited by income and others by things like special needs status or whether a student is zoned in a “failing school” district. This leaves countless students on the sidewalk. Meanwhile, polling suggests families seek educational choice for a varying number of reasons like safety, curriculum, values, or just finding the right fit.

Treat: Programs offering universal eligibility put the power in the hands of families over bureaucracy. Today, 19 states operate programs like this, and with each student learning differently, opening these programs to all helps families find the education setting that best fits their kids. States would never place income limits on who may enroll in their local district school, so why place them on choice programs? Educational freedom shouldn’t depend on income, ZIP code, or circumstance. Every kid deserves an education that meets their unique needs.

Trick: Just as kids choose different costumes, they also learn in different ways. Many states sustain stringent rules on who may qualify as an education service provider, depriving families of options that may help their kids thrive. Accreditation requirements, while well-intentioned, often exclude innovative schooling types like microschools, co-ops, and hybrid learning models. Others restrict funding to “core” subjects like math, science, and reading, often neglecting the value of therapies, art, music, physical education, and other things that can be vital building blocks of a well-rounded education.

Treat: States should prioritize families when constructing choice programs by embracing flexibility and innovation. Programs that recognize a broad range of providers from tutors and therapists to arts programs and athletics give families the freedom to design learning that truly fits their child. Education should be treated like a full costume, not just a mask.

Trick: There’s nothing worse than walking up to a porch to find an empty bowl with “sorry, we’re out!” taped to the bottom. The neighborhood kids who started early enough all got a piece of the pie, but those who showed up later walked away with nothing. This is what many families face in states with programs, often even with universal eligibility, that fail to promise funding for all seeking to participate. While 19 states offer choice programs with universal eligibility, just eight of those also guarantee funding for all eligible students. As soon as enough students apply to meet that state’s funding cap, others looking to use the program typically get bumped to waitlists or never get to access the program at all. Calling a choice program that turns families away “universal” is like claiming you divvied out candy all night when your bowl was empty after just 20 minutes.

Treat: True universal educational choice is an opportunity to rethink public education, putting choice on the same footing as district schools. The most transformative programs ensure the state dollars set aside to educate each student follow each student, creating a robust marketplace of education. Moving beyond the monopoly encourages healthy competition, opening up endless opportunities for teachers and entrepreneurs to improve the quality of education and develop new schooling models.

And there is new data backing this up. In Arizona, which offers a fully universal choice program, the number of participating schools and vendors grew from 510 to 661 in just one year. When programs secure fully funded scholarships for all who want them, kids won’t face the darkened-porch disappointment of a missed opportunity.

At the end of the night, the best neighborhoods are those that keep their porch lights on, their candy bowls full with different treat options from house to house, and welcome kids from all over town. The same goes for educational freedom. When states choose innovation over bureaucracy, flexibility over red tape, and robust access over empty promises, foundational education reform takes root, and all students have an opportunity to thrive.

Happy Halloween!

Nathan Sanders is a Policy and Advocacy Director at EdChoice. Prior to joining EdChoice, Nathan worked with Americans for Prosperity in Louisiana. Nathan is a graduate of Southeastern Louisiana University, earning his Bachelor of Arts degree in Business Management. He is passionate about ensuring that families have the opportunities and voice in their child’s education, which is foundational in that child’s future and the future of the communities that surround them.

Ed Tarnowski is a Policy and Advocacy Director and Host of the State of Choice Podcast at EdChoice and a Young Voices contributor. His work has been published in National Review, The Washington Examiner, Fox News, RealClearPolitics, Education Next, and others. A University of Rhode Island graduate, he can be found on X @edtarnowski.