Thus, the Texas Constitution permits a system that allows parents to choose the schools their children attend. A state voucher program will not result in fed-eral control of private education. All credible choice proposals include protec-tion from government control for private schools. Some even include extra protections such as supermajority or strict judicial scrutiny which is not available now to private schools. Vouchers create millions of new consumers who will have a vested interest in protecting private schools from regulation.
Courts are likely to protect private schools.
If regulations worked, public schools would be perfect. In Wisconsin the courts struck down the Department of Education's regulation of private schools under their voucher program. The Wisconsin court also rejected the argument that vouchers were unconstitu-tional because they were not sufficiently regulated by the state, thus spending state money without adequate accountability. In doing so, the court recognized that markets provide real accountability. Government monies do not necessarily have government strings.