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School Voucher Laws: State-by-State Comparison

Twelve states and the District of Columbia provide state-funded school vouchers to qualifying students. While each state approaches school vouchers differently, there are common questions states must address when developing their voucher programs. These include:

  • What will the program jurisdisciton be? Will it be statewide? Will it be limited to certain areas of the state?

  • Which students will be eligible for a voucher? Will it be offered to low income students, special needs students, students attending failing schools, etc? Or, will every student in the state be eligible?

  • Will the voucher be only for students currently enrolled in public school? Or, will it be offered to students already attending private schools who otherwise meet the eligibility criteria?

  • What will private schools be requried to do in exchange for accepting publicly-funded students? Will they have to administer state assessments? Will they have to share student performance data with parents? Will they have to receive official accreditation? Will private schools have to share their finacial reports with the state? For what reasons will participating schools be allowed to reject voucher student applications?

  • Will there be a cap on the number of vouchers that can be handed out each year?

  • What will be the maximum dollar value of a voucher?

The following table describes how each state with an existing school voucher law has answered these questions.

(Download PDF)

State Information

Major Provisions

Student Eligibility Requirements

Previous public school attendance requirement

Private School Participation Standards

Cap on # of Vouchers Awarded

Max. dollar value of voucher

Arizona

Program: Empowerment Scholarship Accounts (2011)

Statute:
A.R.S. 15-2401 – 15-2404

Jurisdiction:
Statewide
- Students with certain disabilities
- Students attending public schools or districts assigned a D or F under the school grading system
- Child of an active duty service member
- A student living in foster care
Yes - Private schools are not required to administer state assessments to voucher recipients No cap 90% of what the district would have received in state funding for each participating student
Florida

Program:
John M. McKay Scholarships for Students with Disabilities Program (2001)

Statute: Fla. Stat. § 1002.39

Jurisdiction:
Statewide
- Students with certain disabilities
- Students with Individual Education Plans (IEPs)
Yes - Must annually provide parents with a written statement of each student's progress
- Private schools are not required to administer state assessments but parents can ask that their student take state exams and the private school must cooperate
No cap Equal to what a public school would receive for each participating student
Georgia

Program:
Special Needs Scholarship Program (2007)

Statute:
O.C.G.A. TITLE 20
Chapter 2 Article 33


Jurisdiction:
Statewide
- Students with certain disabilities
- Students must also have an IEP plan in effect
Yes - Must have been open for at least one year or otherwise must get approval from the state on its financial stability
- Must report student assessment data to the state and to a student's parents
No cap Equal to what a public school would receive for each participating student, not counting federal funds
Indiana

Program:
Indiana Choice Scholarship Program (2011)

Statute:
IC 20-51-4

Jurisdiction:
Statewide
All students with household incomes up to 150% of the free and reduced price lunch guideline Yes, student must have attended public school previous two semesters not counting kindergarten. If a student received a tax credit scholarship the previous school year then the public school attendance requirement is waived - Must be accredited by the state or a regional accrediting agency
- Schools must administer state assessments to scholarship recipients
- Schools will be included in the state school grading system
- Schools must implement annual teacher performance evaluation plans
15,000 - 90% of the state per-pupil funding for students that qualify for free and reduced price lunch
- 50% of the state per-pupil funding for students with household incomes up to 150% of the amount required to qualify for free and reduced price lunch
- $4,500 for students in grades 1-8
Louisiana

Program:
- Student Scholarships for Educational Excellence Program (2008)
- School Choice Pilot Program for Certain Students with Exceptionalities (2010)

Statute:
- RS 17:4011 - 17:4025
- RS 17:4031


Jurisdiction:
- Income-based voucher: Statewide
- Special needs voucher: only eligible in certain parishes
- All students with household incomes up to 250% of the federal poverty guideline and who attended a public school that received a school grade of C or lower under the school grading system
- Any student entering kindergarten who meets the income requirement
- Students in grades K-8 with Individual Education Plans (IEPs) who have been diagnosed with certain disabilities and live in an eligible parish
- Income-based voucher: Yes
- Special needs voucher: No
- Schools must develop an academic accountability system approved by the state
- Schools must administer state assessments to voucher recipients
- The state can waive any school participation requirement such as substituting the state assessment for a different assessment
No cap - Income-based voucher: Equal to the state per-pupil allocation
- Special needs voucher: Up to 50% of the state per-pupil allocation
Maine

Program:
Town Tuitioning Program (1873)

Statute:
M.R.S. 20-A § 2951 to 2955

Jurisdiction:
Statewide
 
Students residing in a district that does not operate any public schools, or does not contract with school's of another district No - If at least 60% of a private school's student attendance is publicly funded, the school must participate in the state assessments
- Must be non-religious
No cap Equal to the statewide average per-pupil allocation
Mississippi

Program:
Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program (2012)

Statute:
Miss. Code Ann. Title 37,
Chapter 173

2012 HB 1031


Jurisdiction:
Statewide
Students in grades 1-6 who have been diagnosed with dyslexia No - Participating private schools must receive accreditation from the state in the practice of dyslexia therapy
- The therapy must be delivered by a licensed dyslexia therapist
- Must provide parents of scholarship recipients an annual report of the student's progress
No cap Equal to the state's base per-pupil allocation plus any state and federal categorical funding that participants would otherwise qualify for
Ohio

Program: 
- Cleveland Scholarship and Tutoring Program (1995)
- Educational Choice Scholarship Program (2005)
- Autism Scholarship Program (2003)
- Jon Peterson Special Needs Scholarship Program (2011)

Statute:
- O.R.S. § 3313.974 to 3313.979
- O.R.S. § 3310.01 to 3310.17
- O.R.S. § 3310.41
- O.R.S. §3310.51 to 3310.64


Jurisdiction:
Statewide
- Any student living in the Cleveland School District; priority given to students with household incomes under 200% of poverty guideline
- Outside of Cleveland,  students whose neighborhood school is low performing 2 out of 3 consecutive years
- Statewide, public school students diagnosed with Autism; special needs students with a current Individual Education Plan (IEP)
- Yes, unless student is enrolled in a private school at the time it receives a nonpublic charter from the state and otherwise meets the student eligibility criteria
- Special Needs and Autism program participants must officially enroll in public school in order to receive a voucher
- Private schools must be designated chartered nonpublic schools by the state
- Private schools cannot charge tuition above the value of the voucher to students with household incomes under 200% of the poverty guideline
- Chartered nonpublic schools must administer state assessments to voucher recipients
- For Special Needs and Autism programs, private education providers must be approved by the State Board of Education
- In Cleveland there is no cap
- Under the Education Choice Scholarship Program there is a cap of 60,000 vouchers
- The Autism Scholarship Program has no cap
- The Special Needs Scholarship Program cannot issue scholarships to more than 5% of all Ohio students who qualify
Cleveland and EdChoice Programs:
Grades K-8: $4,250
Grades 9-12: $5,000
Autism and Special Needs Programs: $20,000
Oklahoma

Program:
Lindsey Nicole Henry Students with Disabilities Scholarship Program (2010)

Statute:
70 O.S. § 13-101.1

Jurisdiction:
Statewide
 
Any student with a disability who has an Individualized Education Plan           Yes, the student must have spent the prior school year attending public school in the state - Must be accredited by the State Board of Education
- Must have been in operation for one school year or providing the State  with evidence of financial stability
- Will be academically accountable to parents for meeting the educational needs of the student
- Adheres to its published discipline policy prior to the expulsion of a voucher student
No cap The statute contains a funding formula that the State Department of Education must use annually to determine the max dollar value of the voucher
Utah

Program:
Carson Smith Special Needs Scholarship Program (2005)

Statute:
U.C.A. 53A-1a-702 to 710

Jurisdiction:
Statewide
- Students with certain disabilities that also have an Individual Education Plan (IEP) Yes - Must show evidence of financial stability
- Must administer an annual assessment of each voucher student's academic progress and report the results to the student's parents
- All participating schools must first apply to the state for approval
No cap Depending on the amount of special services the student needs, vouchers can be between 150% and 250% of the weighted per-pupil state allocation
Vermont

Program:
Town Tuitioning Program (1869)

Statute:
16 V.S.A. § 821 - 836

Jurisdiction:
Statewide
Must live in a district that does not operate either an elementary school or a high school, and where the voters of the district have approved the use of public funds for private school tuition No - Private school must meet state school quality standards
- Can be a school located in the state or outside of the state
No cap The voucher cannot exceed the average announced tuition of Vermont public schools
Wisconsin

Program:
- Milwaukee Parental Choice Program (1990)
- Racine Parental Choice Program (2011)

Statute:
- W.S. § 119.23
- W.S. § 118.60


Jurisdiction:
Only in Milwaukee and Racine, WI
 
Students with household incomes up to 300% of the federal poverty guideline - No in Milwaukee
- Yes in Racine
- Participating schools must obtain accreditation by a private school accrediting agency
- Schools must provide at least 1,050 hours of direct instruction in grades 1-6 and 1,137 hours in grades 7-12
- Schools cannot reject program applicants for any reason other than not having space available
- Schools cannot charge any tuition on top of the voucher for students in grades K-8, or for students in grades 9-12 with household incomes up to 220% of the poverty guideline
- A series of minimum student performance requirements must be met by each participating school
-  Participating schools must administer state assessments to all students enrolled in the private school
- No cap in Milwaukee
- In Racine, there is a cap of 250 vouchers for the 2011-12 school year and 500 for the 2012-13 school year
$6,442 in the 2010-11 school year. Increases by an amount equal to the increase in state public school funding. The value of the voucher can never decrease from one year to the next.
Washington, D.C.

Program:
D.C. Opportunity Scholarship Program (2004)

Statute:
H.R.1473, 112th Cong. (2011)

Jurisdiction:
District of Columbia
 
- Students with household incomes up to 185% of the federal poverty guideline
- Current participants can remain in the program each year unless their household income surpasses 300% of the poverty guideline
No - Must provide parents with an annual report of their student's academic progress
- Must administer the assessment approved by the independent evaluator that tracks student performance in the program
No cap - Grades K-8: $8,136
- Grades 9-12: $12,205
Maximum will increase annually with inflation










 

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