Vouchers are worth the same amount public schools would have spent on a participating child, though funding may not exceed the private school’s tuition and fees. Parents may supplement vouchers with their own money.

Students with disabilities—who have Individualized Education Plans or a 504 plan—enrolled in public school for at least one year are eligible. Section 504 protects qualified individuals with disabilities, defined as persons with a physical or mental impairment that substantially limits one or more major life activities.

Florida’s John M. McKay Scholarship program was the first of its kind in the country and remains the model for similar, newly created programs in other states. The program excels on funding power and school requirements. Vouchers are worth up to the child’s full funding in his or her previous public school. As for school requirements, participating schools must be approved by the state and report to parents annually on voucher students’ progress. Private schools are not required to accept all students—an important feature, as not all private schools are equipped to educate students with special needs. The program’s only shortcoming is that it is limited, in this case to students with special needs. Obviously those children deserve access to a great education, but other Florida students similarly could benefit from McKay’s generous vouchers. Should the program expand eligibility, it would only improve upon its already great achievements

• Income Limit: None
• Prior Year Public School Requirement: Yes
• Geographic Limit: Statewide
• Enrollment Cap: None
• Voucher Cap: Conditional
• Testing Mandates: None
• *Limited to students with special needs

School Requirements:

• Be approved by the state
• Submit to the state annual sworn compliance reports regarding all local and state health and safety codes
• Comply with federal nondiscrimination requirements of 42 U.S.C. s 2000d
• Teachers and other school personnel working with scholarship recipients must undergo federal background checks
• Teachers must have a bachelor’s degree, three years of teaching experience or special expertise
• Schools in operation less than three years must obtain a surety bond or letter of credit to cover the value of the scholarship payments for one quarter
• Report student’s progress to parents annually

Fla. Stat. §§ 1002.39; 1002.421

In July 2014, Citizens for Strong Schools, Inc. and Fund Education Now amended a five-year-old lawsuit alleging the state has failed to adequately fund public education to include new claims concerning the Florida Tax Credit Scholarship Program and the McKay voucher program for students with special needs. The plaintiffs’ amended complaint contends the school choice programs, among other programs, unconstitutionally “divert” money from Florida’s public schools. The Circuit Court of the Second Judicial Circuit In and For Leon County State of Florida ruled against plaintiffs, upholding the constitutionality of Florida’s school choice programs, on May 24, 2016. On June 28, 2016, plaintiffs appealed the ruling to the District Court of Appeal State of Florida First District, requesting the case be accepted for direct appeal to Florida’s Supreme Court. Decision pending. Citizens for Strong Schools, et al. v. State Bd. of Educ., et al.