The push for school choice in Wisconsin has provided families with more educational opportunities, but a new report from the Wisconsin Institute for Law & Liberty (WILL) highlights a growing problem: excessive government regulations are making it harder for choice schools to open and operate. While accountability measures are necessary, the increasing burden placed on private schools participating in choice programs risks undermining their effectiveness.

WILL’s report, “The High Cost of Overregulation,” warns that Wisconsin’s Department of Public Instruction (DPI) has imposed extensive and often unnecessary requirements that discourage new schools from joining the choice program and make it difficult for existing schools to expand. These regulations, rather than ensuring quality, divert resources away from the classroom and create unnecessary administrative hurdles for schools and families.

Wisconsin already has some of the strictest school choice regulations in the country. Private schools must undergo a rigorous approval process, including proving financial stability, maintaining accreditation, and ensuring compliance with a wide range of state mandates. 

Schools can be denied participation for failing to complete paperwork to DPI’s satisfaction, and they must hire independent auditors to scrutinize every choice dollar spent. Additionally, families seeking to enroll their children in these programs must navigate complex income and residency verification procedures, which can discourage participation.

The financial cost of these regulations is significant. Schools must allocate funds for compliance instead of investing in student resources, teacher salaries, or innovative programs. According to WILL’s findings, 33 bills were introduced during the 2023-24 legislative session that would have increased regulatory burdens on choice programs—the highest number since at least 2009. These proposals ranged from limiting school enrollment caps to adding new curriculum mandates, many of which would have further restricted school autonomy.

Critics of school choice often claim that private schools lack accountability, but the reality is that Wisconsin’s choice programs are among the most heavily regulated in the nation. The increasing oversight threatens the very flexibility that allows these schools to offer innovative and diverse educational models. Without policy changes, overregulation could push high-performing private schools out of the program, leaving families with fewer alternatives to struggling public schools.

As Wisconsin lawmakers continue to debate the future of school choice, they must recognize the importance of striking a balance between oversight and innovation. Protecting educational freedom means ensuring that families have access to a variety of quality schools without unnecessary bureaucratic barriers standing in their way.