The American education landscape is undergoing a profound transformation as states increasingly pivot toward school choice initiatives, authorizing the use of public funds for private and microschool tuition. This shift, characterized by the rapid proliferation of voucher-style programs and education savings accounts (ESAs), has decentralized the oversight of primary and secondary education. To investigate the practical barriers to entry within this burgeoning market, reporters from ProPublica, in collaboration with the Arkansas Times, Mountain State Spotlight, and The Assembly, successfully initiated the registration process for three private schools across Arkansas, West Virginia, and North Carolina. The experiment sought to determine whether regulatory hurdles—intended to ensure student safety and academic standards—are sufficient to screen for quality, competence, or legitimacy.
The findings indicate that in several jurisdictions, the administrative process for establishing a private school is strikingly straightforward. By navigating state-specific filing systems, reporters were able to secure preliminary approvals and, in one instance, receive active encouragement to pursue public funding, despite having no pedagogical experience, facilities, or curricula.
The Regulatory Landscape: A Comparative Analysis
The rapid expansion of school choice programs has fundamentally altered the relationship between state governments and non-public educational institutions. In Arkansas, the Education Freedom Accounts program has acted as a catalyst for growth. Since the program’s inception in 2023, the number of private schools has more than doubled, rising from fewer than 100 to over 220. Additionally, the state has seen a surge in the popularity of "microschools"—small-scale educational environments that operate with a high degree of autonomy.
West Virginia, through its Hope Scholarship program, provides approximately $5,400 per student to cover tuition costs. This influx of capital has similarly incentivized the emergence of new private and microschool entities. North Carolina, meanwhile, has steadily expanded its voucher system, resulting in the establishment of at least 169 new private schools since the 2021-22 academic year.
While these programs are designed to empower families with options, critics and researchers have long questioned whether the lack of uniform accreditation or oversight requirements leaves the system vulnerable to mismanagement. The ease with which the journalistic team maneuvered through the registration process underscores the gap between the state’s role as a financier and its role as a steward of educational standards.
Chronology of the Experiment
The investigation began with a systematic review of state statutes and administrative rules governing the opening of private schools.
In Arkansas, the process was primarily a business registration task. On June 16, 2026, reporters filed paperwork with the secretary of state to form the "ProPublica-Arkansas Times Curiosity Academy LLC." The process required only a modest filing fee of $45 and a designation of agents. Following this, the team purchased an American flag to comply with state requirements, as regulations in Arkansas stipulate that schools must display the flag, though they do not mandate teacher credentials or specific learning outcomes. By early September, the team had submitted an application to accept state-funded Education Freedom Account vouchers. Although the Department of Education eventually cited the timing of the school year as a reason for not processing the application, officials actively suggested that the "school" pivot to a vendor status to capture funds, or reapply for the following year, indicating a systemic eagerness to onboard new providers.
In West Virginia, the approach involved filing a formal notice of intent with the Department of Education. After initially facing a requirement for a fire marshal inspection—a significant hurdle for a "school" based in a newsroom—the reporters were advised by department staff to register as a microschool. This shift effectively bypassed the building safety oversight that applies to traditional brick-and-mortar private schools. By providing a high school diploma as proof of qualification, the team successfully registered the school.
In North Carolina, the process involved using the premises of a local brewery as the school’s physical address. Utilizing the state’s online portal, reporters submitted a notice of intent. While the process reached a temporary impasse when state officials requested documentation confirming that the facility had undergone school-specific fire and sanitation inspections, the investigation revealed that the state’s Division of Non-Public Education lacks the statutory authority to deny an application, provided the administrative paperwork is complete and safety standards are met.
Official Responses and Institutional Oversight
When presented with the details of this journalistic endeavor, state education departments emphasized their role as administrative processors rather than evaluators of educational quality. In Arkansas, a spokesperson for the Department of Education noted that the agency’s function is to ensure compliance with state requirements, emphasizing that families possess the freedom to select learning environments that align with their personal needs.
In West Virginia, the Department of Education issued a statement clarifying that it "does not approve or deny the operation of microschools for any reason, including the qualifications of the owner/operator." This confirms a regulatory environment where the burden of due diligence is shifted almost entirely onto the parent.
These responses highlight a growing ideological divide in education policy. Proponents of these programs argue that the market will naturally filter out poor-performing schools, as parents will withdraw their children from institutions that fail to provide value. Conversely, analysts suggest that without baseline requirements for teacher certification, financial transparency, or academic performance tracking, the state risks subsidizing entities that may be ill-equipped to provide a substantive education.
Broader Implications for Education Policy
The implications of this reporting are significant for the future of school funding. As states continue to commit hundreds of millions of dollars to private and microschool initiatives, the question of accountability becomes paramount. The "Curiosity Academy" experiment suggests that the barrier to entering the taxpayer-funded education market is often no higher than the barrier to starting a small business.
Furthermore, the lack of rigorous oversight raises concerns regarding the equitable distribution of public funds. If state departments of education are unable or unwilling to verify the qualifications of those operating these schools, the potential for fraud, or at the very least, the provision of substandard education, increases. As the number of schools continues to climb, lawmakers in these states face a mounting challenge: how to balance the stated goal of providing parental choice with the fundamental responsibility to ensure that public investments are directed toward legitimate and effective educational institutions.
The experiment serves as a case study in the unintended consequences of rapid deregulation. While the schools created by the reporters were never intended to enroll students, the fact that they could be established with such minimal friction suggests that the "marketplace" of education is currently operating with a profound lack of safeguards. As policy continues to evolve, the findings from this investigation will likely contribute to the ongoing national debate regarding the proper level of state involvement in private and alternative schooling.
