Could a state try to join the scholarship program only for some uses, such as tutoring at public schools? That would defeat Congress’s intent, and maybe prompt a legal challenge. Or perhaps the Treasury Department can write the program’s implementing rules to make clear that the parameters of the scholarships are set by Congress. That would mean Democratic governors can’t take some and reject others, as if this were a school lunch menu.
In North Carolina, it might not matter, given the GOP’s margin in the Legislature. “Either you support school choice, or you don’t,” said state Sen. Phil Berger, that chamber’s GOP leader. “I look forward to holding Gov. Stein accountable and overriding his veto to ensure North Carolina can participate in President Trump’s signature school choice initiative.”
Given the program’s 2027 launch date, other Democratic governors are going to get the same question, and some might be thinking of 2028. A spokesman for Pennsylvania Gov. Josh Shapiro said last month his administration is reviewing the law and “awaiting additional federal guidance.”
Yet the choice is clear: Giving students access to the scholarship funds can help families at no cost to the state. But it might upset the teachers unions.