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States can now sign up for the for private school choice, which could potentially spread voucher-like programs nationwide. But the public still wants a say in how the government regulates the new policy 鈥� and how much.

Supporters want the program to be uncomplicated, both for nonprofits granting scholarships and the private schools participating. Others want to ensure that students who remain in public schools can benefit from the program, while critics oppose the basic concept 鈥� a dollar-for-dollar tax credit for those who donate up to $1,700 annually to a scholarship-granting organization.

They want the Trump administration to focus instead on supporting public schools.

 鈥淭he federal government should invest in strong, inclusive, well-resourced public schools 鈥� not incentives that drain support and weaken safeguards,鈥� one Tennessee man wrote in a letter to the Treasury Department and the IRS, among the more than 2,100 comments on the new law submitted by the Dec. 26 deadline. 

With the tax credit already on the books, the Federal Scholarship Tax Credit Coalition, which represents more than 200 school choice advocates, private schools and scholarship organizations, wants the administration to keep the program simple. 

The organization wants officials to make it 鈥渁s easy as possible鈥� for scholarship-granting organizations to participate, for taxpayers to contribute and to 鈥渕aximize鈥� the number of students who will benefit.

Their letter calls for the administration to clear up some potential confusion.They want officials, for example, to keep recordkeeping requirements for participating nonprofits from being 鈥渙verly burdensome or onerous.鈥� 

John Schilling, a consultant who lobbied in favor of the program, said he hopes Treasury officials will release rules by summer. 

鈥榁ery well prepared鈥�

President Donald Trump signed the new program into law in July as part of a large tax cut and spending package. Because it鈥檚 hard to predict how many taxpayers will donate and claim the credit, it鈥檚 not yet clear how much the program will cost the government. Kristin Blagg, a principal research associate at the Urban Institute, a left-leaning think tank, that after an initial 鈥渞amp-up period,鈥� the program could generate between $2.7 billion to $6.1 billion annually.

Scholarship groups could begin awarding funds to students in early 2027, but it might take until that fall for them to raise enough money.

鈥淭he ones that are serious about doing this are going to be very well prepared,鈥� Schilling said. 鈥淚’m hopeful that they will line up a lot of donors who will give in the first quarter of 2027.鈥�

So far, of Colorado, Iowa, Louisiana, Nebraska, North Carolina, South Dakota, Tennessee and Texas have said they intend to opt in, while those in New Mexico, Oregon and Wisconsin have announced that they won鈥檛. But Schilling said he thinks that鈥檚 a mistake聽because donors could just send their money to a scholarship organization in another state.聽聽

鈥淚f you’re a blue state governor, why would you want taxpayers in your state sending their money to some other state?鈥� he asked. 鈥淚 think that’s a political liability.鈥�

Despite Democrats鈥� longstanding opposition to vouchers for private school and education savings accounts, which can be used for homeschooling, some, like North Carolina Gov. Josh Stein, say the program is a chance for more public school students to receive tutoring and afterschool programs.. 

That鈥檚 what the Afterschool Alliance emphasized in its submission. The advocacy organization suggested that perhaps some scholarship programs could focus on students who need afterschool activities while others could stick to granting private school scholarships. 

According to a December , conducted for the National Parents Union, more than three-fourths of parents support the tax credit if it鈥檚 targeted only to public school students for tutoring, summer learning and afterschool programs. But that figure drops to 40% if the benefit is restricted to private school tuition.

In the spirit of 鈥渞eturning education to the states,鈥� the advocacy group, , wrote that states should be able to design and run the programs in a way that reflects 鈥渢heir unique policy landscapes, community needs and family priorities.鈥�

The organization also wants the Treasury Department to allow states to evaluate schools and providers 鈥渢o assess whether the programs participating are delivering meaningful, measurable results.鈥� Such data, including average scholarship amounts and the demographics of students served, should be publicly available, the comment said.

Roger Severino, vice president of domestic policy at the conservative , told The 74 that he鈥檚 not opposed to public school students receiving scholarships for tutoring or afterschool enrichment, but he doesn鈥檛 want the program to become 鈥渁 backdoor diversion of funds to public schools themselves.鈥�

To religious groups, one chief concern is that states might attempt to require private schools to change their admission policies. In its comment, the Christian Legal Society, an organization of Christian attorneys, referenced litigation in Maine, where religious schools are suing over a requirement that they accept all students, regardless of religion, disability, sexual orientation or gender identity, if they want to participate in a private school choice program.

鈥淚t is important that federal regulations prevent governors from yielding to the temptation to play politics with the program by adding additional regulations to distort it,鈥� the group鈥檚 comment said. 鈥淪uch regulations,鈥� they wrote, would lead to 鈥渋nevitable lawsuits鈥� and limit options for families.

Microschool founders and advocates have additional concerns. A section of the tax credit law says that a K-12 鈥渟chool鈥� is whatever a state law defines it to be. The problem is that most states don鈥檛 legally recognize microschools even though they represent a fast-growing sector within the private school landscape. A published last year showed that most schools participating in state school choice programs enroll around 30 students 鈥� the size of many microschools.

鈥淔amilies turn to programs like ours because their children鈥檚 needs cannot be met in traditional settings,鈥� Alexandra Batista. the owner of Steps Learning Center in Orlando, Florida, in a comment to the Treasury Department. 鈥淓xcluding these types of learning environments due to narrow or outdated definitions would further disadvantage students who already face significant barriers.鈥�

Some organizations, like the left-leaning , want the federal government to adopt an official definition of microschools as a way to better track them and monitor the quality of education they provide. 

But those in the movement are 鈥渘ot excited about that prospect,鈥� said Don Soifer, CEO of the National Microschooling Center. Some microschools in states with education savings accounts operate like small private schools, while others are more like homeschool co-ops. Some are required to earn accreditation in order to receive state funds; others aren鈥檛.

In his to the Treasury Department, Soifer said that it would be 鈥渉ighly inappropriate and contrary to legislative intent鈥� for officials to adopt an official definition of a microschool when 鈥渢he industry itself has no consensus.鈥�

Schilling, the lobbyist, said he hopes the Treasury Department addresses the issue in the rules. 

鈥淢icroschools feel like they ought to be able to participate in this and we completely agree,鈥� he said. 鈥淭he intent of the legislation was for a student, in any educational environment, to benefit.鈥�

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