Education Program

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Publicaly Funded School Voucher Programs

One of the most controversial and widely discussed issues in education today is the use of public funding to pay for private education through vouchers. On June 27, 2002, the United State Supreme Court in Zelman, Superintendent of Public Instruction of Ohio, et al, v. Simmons-Harris et al., ruled, in a 5-4 vote, that vouchers did not violate the Establishment Clause, thus leading the way for voucher programs throughout the United States. Supporters contend that voucher programs allow low-income children in poor performing schools the opportunity to attend private schools. Critics argue that these options weaken the public school system by diverting resources to non-public schools and pose a threat to the separation of church and state.

Voucher Program Arguments

As of March 2007, publicly funded school voucher programs exist in Arizona, Florida, Maine, Ohio, Utah, Vermont, Wisconsin and the District of Columbia. Ohio, Wisconsin and the District of Columbia offer general education voucher programs, while Arizona, Florida, Ohio and Utah offer special education voucher programs. General school voucher programs in Cleveland, Ohio; Milwaukee, Wisconsin; and Washington, D.C., target low-income students. A statewide voucher program in Ohio targets students in failing schools. Arizona offers a voucher program for students in foster care. In addition, Maine and Vermont have variations of school vouchers in which school districts provide tuition for children in rural towns that do not have their own public schools, allowing these children to attend a public school in a neighboring district or approved nonsectarian private school. Utah offers tuition voucher to every public school student in the state a to attend a private school.

Arizona

Scholarships for Pupils with Disabilities Program

In 2006, the Arizona Legislature established the Scholarships for Pupils with Disabilities Program for parents of students with disabilities to attend a public or eligible qualified school of their choice. To be eligible for the scholarship, the student must have been enrolled in a public school the year prior, the parent must obtain acceptance for admission of the student to the eligible qualified school and the parent must provide written or electronic notification to the school district of the request for a scholarship at least 60 days prior to the date of the first scholarship payment.  Once a student enrolls in the program, he or she may remain in the program through grade 12. The program allows parents to request that their child be administered statewide tests. The maximum scholarship amount granted for a student with a disability is equivalent to the base support level of state funding for that particular student. In addition, this law establishes the Arizona Scholarship for Pupils with Disabilities Program Fund and appropriates $2,500,000 in fiscal year 2006-2007 from the state General Fund to the Arizona Department of Education (ADE) for the purposes of the program. See HB 2676 for more information.

Displaced Pupils Choice Grant Program

In 2006, the Arizona Legislature established the Displaced Pupils Choice Grant Program. The program allows students in foster care to apply for and receive a grant for redemption at participating schools. The grant value is the lesser of $5,000 or the total amount of tuition and fees charged by the grant school. The grant must be applied towards tuition and fees for the educational and related services provided by the grant school. Further, the law establishes the Displaced Pupils Choice Grant Fund and appropriates $2,500,000 from the state General Fund in FY 2006-07 to the fund and makes the appropriation non-lapsing until June 30, 2008. See SB 1164 for more information.

Colorado

Colorado Opportunity Contract Pilot Program

In April 2003, Colorado became the first state to enact a statewide school voucher program since the Zelman decision in June 2002. Under the legislation, vouchers would be available to students in grades K through 12 who qualify for free or reduced lunch and attended a public school in the previous year. The program would apply to any Colorado district with eight or more schools that rate poorly under the state accountability system. At the time, 11 school districts fell under this criteria.

In December 2003, a state court declared the voucher program unconstitutional and halted implementation. On June 28, 2004, the Colorado Supreme Court declared the voucher program unconstitutional on the grounds that it violates the state's local control requirement under article IX, section 15. See the Owens, Colorado Governor v. Colorado Congress of Parents, Teachers and Students ruling for more information.

District of Columbia

District of Columbia Choice Incentive Act

On January 22, 2004, President George W. Bush signed into law the first federally funded voucher program and the only voucher program to be administered by the U.S. Department of Education.

The D.C. Choice Incentive Act allows nearly 2,000 students in low-income families in the District to receive scholarships worth up to $7,500 to attend private and parochial schools beginning in the 2004-2005 school year. The nearly $14 million initiative is part of Mayor Anthony Williams' three-sector education improvement initiative that also includes $13 million for D.C. charter and traditional public schools.

Students in grades K-12 are eligible for the voucher if they qualify for the free and reduced lunch program and are living 185 percent below the poverty level. Priority is given to students in schools that are labeled "in need of improvement" under No Child Left Behind.

For more information, visit www.DCscholarships.com

Florida

Florida-A+ Opportunity Scholarship Program

In 1999, Florida implemented the first statewide voucher program. The Opportunity Scholarship Program provides vouchers to students who attend schools deemed failing on a scale ranging from A to F. If a school receives an F two out of four consecutive years, students may be granted a voucher to attend a higher-scoring public school, private school or parochial school. In addition, schools that are top-performing or show improvement receive additional state funding. See Fla. Stat. § 1002.39 for more information.

In 2006, after a six-year legal battle, the Florida Supreme Court, in a 5 to 2 decision, struck down Florida's Opportunity Scholarship Program, ruling that it violates the state constitution's requirement for a "uniform, efficient, safe, secure and high quality system of free public schools." The ruling in Bush v. Holmes (2006) is expected to set a national precedent.

In 2006, the Legislature passed a law that provides for fiscal and academic accountability in Florida's school choice programs. It gives priority in awarding scholarships under the Corporate Tax Credit Scholarship Program to students who received a scholarship from the State of Florida or received scholarships from a private scholarship funding organization the previous year. The Senate staff analysis and economic impact statement states that this may provide a safeguard for those students who will be losing their opportunity scholarships as a result of the Supreme Court decision. It is still possible, however, that the underlying programs referenced in this bill may be similarly challenged. See SB 256 for more information.

McKay Scholarship for Students with Disabilities

In 2001, the Florida Legislature enacted the John M. McKay Scholarships Program for Students with Disabilities. All students who attend Florida public schools can receive a voucher to attend a public or private school of their family's choice. The voucher amount ranges from $4,500 to $21,000 and is determined by the child's disability. If the voucher does not cover the amount of tuition, families can make additional payments to the private school. See Fla. Stat. § 1002.39 for more information.

In 2006, the Legislature amended provisions of the John M. McKay Scholarships for Students with Disabilities Program to provide for fiscal and academic accountability. The revised program redefines the criteria for students who are eligible to participate, including students from the Florida School for the Deaf and the Blind and students who participated in Department of Juvenile Justice (DJJ) commitment programs the previous year. It requires parents to notify the Department of Education (DOE) of their request for a scholarship, and DOE to notify the school district. It revises conditions for eligibility for a student receiving a McKay scholarship, including prohibiting a student from receiving a McKay scholarship along with a Corporate Tax Credit (CTC) scholarship. It revises the eligibility requirements for participating private schools to include annual registration of schools, a notarized sworn compliance statement and evidence of criminal background checks of employees, officers and contracted personnel. It prohibits scholarships for virtual schools, correspondence schools or distance learning programs that receive state funding, or for students who do not have regular contact with their teachers. It revises the criteria for forfeiture of a student’s scholarship. It clarifies the obligations of school districts, private schools and program participants. It provides the DOE with additional authority and responsibilities for administering the program, including the ability to sanction private schools that fail to comply with the requirements in law. It revises the fiscal soundness requirements to require private schools to be in operation for at least three school years or to obtain a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter and filing the surety bond or letter of credit with the DOE. It provides that a scholarship ends at age 22 or upon graduation from high school, whichever occurs first. It prohibits a public school district from modifying a student’s matrix, except for technical and calculation edits. It provides a process for people to notify the DOE of violations by private schools and requires the DOE to investigate substantiated complaints. It requires that parents endorse payment warrants and prohibits them from allowing the private school to act as attorney-in-fact for purposes of endorsement. It requires the commissioner of education to deny, suspend or revoke participation of any private school determined to fail to meet the requirements of s. 1002.39, F.S.. It authorizes a private school adversely affected by the denial, suspension or revocation of participation in the CTC program to file for a hearing. Finally, it provides funding calculations for students who qualified for a McKay scholarship based upon their attendance at the Florida School for the Deaf and the Blind or a DJJ commitment program. See SB 256 for more information.

For more information on these programs visit, the Florida Department of Education Web site.

Maine and Vermont

Maine and Vermont, two largely rural and sparsely populated states, have long standing voucher programs. In Maine, if no public secondary school exists to serve the surrounding community's students, the state allows school districts to send its students to private schools and pay their tuition. Students are not allowed to attend nonsectarian schools under this program.

Vermont established a voucher program in 1869 that allows students who reside in towns without public schools to attend a public or approved nonsectarian private secondary school either within Vermont or outside of the state. The tuition is paid in full by the hometown school board if the student attends a public school. If the student opts to attend a private school, the school board only pays the amount equal to the average tuition charged by the state's high school districts. If the private school charges more than this amount, the school district may pay the greater amount, but is not required to do so. If the school district does not pay the greater amount, then the parent must cover the difference.

Ohio

Cleveland Scholarship and Tutoring Program

In 1995, Ohio lawmakers created the Cleveland Scholarship and Tutoring Program. This pilot program was established to provide parents of students within the boundaries of the Cleveland City School District (CCSD) the opportunity to apply for either a tutoring grant or a scholarship to attend a private or religious school. The scholarships may also be used to attend public schools in participating adjacent districts. Initially, students in grades K-3 were eligible. The legislature and Governor have since approved annual appropriations to continue to expand the program by one grade per year through grade eight. Scholarships and tutoring grants are available only to students whose family income is 200 percent below poverty level. See Ohio Rev. Stat. § 3313.97.4 - § 3313.99 for more information.

In 2005, the Ohio General Assembly expanded the Cleveland Scholarship and Tutoring Program to include scholarship eligibility to students in grade 11 in the 2005-2006 school year and to students in grade 12 in the 2006-2007 school year. In addition, the new provisions increase the maximum scholarship amount, beginning in fiscal year 2007, to $3,450 for all grades, K through 12.

In June 2002, the U.S. Supreme Court ruled, in Zelman, Superintendent of Public Instruction of Ohio, et al, v. Simmons-Harris et, al., that the Cleveland Scholarship and Tutoring Program does not violate the separation of church and state and is therefore constitutionally permissible. In the 5-4 vote, the Court ruled that vouchers to religious schools are permissible as long as the funding is indirect and relies on the independent private choice of the student.

Educational Choice Scholarship Pilot Program

During the 2006 legislative session, the Ohio General Assembly amended the Educational Choice Scholarships program to allow students attending public school labeled in "academic watch" or  "academic emergency" for at least two out of three consecutive school years. See HB 79 for more information.

In 2005, Ohio established the statewide Educational Choice Scholarship Pilot Program, which goes into effect during the 2006-2007 school year, to provide scholarships for students in grades K-12 attending public schools labeled in "academic emergency" for three consecutive years. The scholarships must first be awarded to eligible students who received them in the previous year, then to students whose family incomes are at or below 200 percent of the federal poverty guidelines and then on the basis of a lottery. Eligible students must take state achievement or proficiency tests. The scholarship amounts range from $4,250 for students in grades K-8 and $5,000 for students in grades 9-12 for up to a total of 14,000 students (in fiscal year 2007) to attend nonpublic schools. This program does not apply to students residing in a school district included in the Cleveland Scholarship and Tutoring Program, which currently operates only in the Cleveland Municipal School District. See Ohio Rev. Code Ann. § 3310.02 for more information.

In 2006, the Ohio General Assembly amended the Educational Choice Scholarship Pilot Program to allow students attending school districts in "academic emergency" or  "academic watch" for three consecutive years to be eligible to participate in the statewide scholarship program. See HB 530 for more information.

Special Education Scholarship Program

In 2005, the legislature reauthorized the Pilot Project Special Education Scholarship Program, which established a temporary pilot program to award scholarships to the parents of certain autistic children. The scholarship is to be used for services at public or nonpublic special education programs that are not operated by or for the child's resident school district under the budget act for the 2003-2005 biennium. In fiscal years 2006 and 2007, the maximum amount of the scholarship is increased from $15,000 to $20,000. The Department of Education is required to pay upon application a scholarship to the parent of a child identified as autistic who is entitled to receive special education and related services at the child's resident school district in any grade from preschool to grade 12.  The scholarship is to be used solely to pay part or all of the cost of sending the child to a public or nonpublic special education program instead of the one provided by the child's resident school district. The scholarship is to be used to pay for only those services specified in the child's "individualized education program." The amount of the scholarship is to be deducted from the state aid account of the child's resident school district. The district, therefore, is authorized to count the child in the district's formula average daily membership (ADM) and category six formula ADM.  The district then retains the balance of any amount of state funding credited to the district after the scholarship amount is deducted. See Ohio Rev. Stat. § 206.09.84 for more information.

Wisconsin

Milwaukee Parental Choice Program

In 1989, Wisconsin lawmakers approved the Milwaukee Parental Choice Program (MPCP). This program provides state funding for low-income students to attend private schools located in Milwaukee. Vouchers are available to students in grades K-12 from Milwaukee families with incomes at or below 175 percent of the federal poverty level to attend a private or parochial school of their choice. No more than 15 percent of Milwaukee Public Schools (MPS) students can attend private schools under the program in any given school year. Once a student enrolls in the program, he or she may remain in it through grade 12. The amount of the voucher is the lesser of the following: the private school's operating and debt service cost per pupil related to educational programming or the amount paid per pupil in the previous school year plus the amount of the per pupil revenue limit increase provided to school districts in the current year. When it was first implemented, students could only attend secular private schools. In 1995, the program was expanded to include non-secular schools. The expansion of this program to include non-secular schools was widely opposed leading to legal challenges. See Wis. Stat. §119.23 for more information.

In 2006, the Wisconsin Legislature amended several components of the Milwaukee Parental Choice Program. It capped the number of students enrolled in the program at 22,500. The program allows a pupil to continue to attend a MPCP school if the pupil’s family income does not exceed 2.2 times the federal poverty level and provides that siblings of pupils attending an MPCP school are subject to the higher limit. It eliminates enrollment eligibility requirements. It requires that each private school participating in the MPCP achieve accreditation or approval by at least one of a number of specified accrediting agencies within three and one-half years of its initial participation. It authorizes the Department of Public Instruction (DPI) to issue an order barring a private school from participating in the MPCP in the following school year if the private school fails to apply for accreditation in a timely manner, fails to achieve accreditation within the requisite period or is denied accreditation by the accrediting agency. It requires a private school participating in the MPCP to administer nationally normed, standardized tests in reading, science and mathematics to the pupils attending the school in the fourth, eighth and 10^th grades under the MPCP. It provides that beginning in 2006, and annually thereafter until 2011, the private school must provide the scores of all standardized tests that it has administered to the School Choice Demonstration Project, currently at Georgetown University. It directs the Legislative Audit Bureau, based upon the standardized test score data that it receives from the project, to review and analyze the test score data and submit reports to the Legislature annually from 2007 to 2011. Finally, it provides that reports must include the results of various tests, including standardized state tests administered to representative samples of pupils in the MPCP and pupils enrolled in the MPS. See SB 618 for more information.

In June of 1998, the Wisconsin Supreme Court found that the changes to the original legislation passed constitutional scrutiny. This decision was appealed to the U.S. Supreme Court. In November of 1998, the U.S. Supreme Court declined to review the case, thus allowing the Wisconsin Supreme Court's ruling stand.

For more information on this voucher program, visit the Wisconsin Department of Public Instruction.

Utah

Carson Smith Special Needs Scholarship Program

In 2005, Utah created the Carson Smith Special Needs Scholarship Program, Utah's first voucher program. It awards scholarships up to $5,700 to students with disabilities who attend a private school, both secular and non-secular. Existing private school students may be eligible for a scholarship if they attend a school that specializes in serving students who have one of the following disabilities: mental retardation; traumatic brain injury; autism; specific learning disabilities; serious emotional disturbance; or hearing, speech, language, visual, orthopedic or other health impairment. Five-to eight-year-olds with a developmental delay also qualify. It requires the State Board of Education to make rules, gives the State Board of Education enforcement authority and requires the Legislature to appropriate money annually from the general fund for scholarship payments. See Utah Code Ann. § 53A-1a-701 for more information.

In 2006, the Utah Legislature amended several provisions of the Carson Smith Scholarship Program, including scholarship qualifications, notification to parents or guardians of the availability of scholarships and eligible private school audits. See HB 351 for more information.

Parent Choice in Education Act

In 2007, the Utah Legislature enacted the Parent Choice in Education Act, a universal voucher program. The program awards tuition scholarships to all of the state's public school students to attend a sectarian or secular private school of their choice. The amount of the voucher ranges from $500 to $3,000 and is based solely on income eligibility guidelines. The scholarship will be awarded subject to the availability of funds appropriated by the Legislature into the state's general funds. In an effort to ease the financial burden to public schools, school districts will receive mitigation monies to alleviate the potential impacts due to the unplanned reduction in revenues resulting from students transferring to private schools. Under this plan, districts will retain a portion of their per pupil state funding that would otherwise lose for each student two transferred to a private school for five years after each student transfers.  According to the bill's fiscal note, the scholarship plan is expected to cost $9.3 million in fiscal year 2008 and $12.4 million in fiscal year 2009. For more information, see HB 148.

Shortly after HB 148 was enacted, the Utah Legislature passed legislation to amend the Parents for Choice in Education Act. HB 174 requires private schools accepting voucher students to perform criminal background checks on their teachers, requires a legislative audit of the program after five years (after the 2011-12 school year), rather than the several years required in HB 148, and appropriates an additional $100,000 from the General Fund to the State Office of Education to administer the scholarship program.  See HB 174 for additional information.

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