Student Funding

Each student’s voucher is funded at the statewide average of the per-pupil expenditures by all local education agencies for the current school year, up to but not exceeding the amount of tuition at the private school. The program’s advisory board takes into account a student’s special needs when determining scholarship amounts and may fund these students with higher vouchers than the per-pupil average.

The Maryland legislature established the program as a budget item, and it is funded by appropriation. It appropriated $10 million from the general fund to fund vouchers for students as well as awarded rollover funds for the 2021–22 school year. Of the appropriation, $0.7 million is set aside for providing higher vouchers to students with special needs.

Student Eligibility

Students are eligible if they live in families with incomes up to, but not exceeding, 100 percent of the federal free and reduced-price lunch program ($51,338 for a family of four in 2022-23). Renewing students who remain income-eligible are entitled to vouchers as long as funding is available.

EdChoice Expert Feedback

Maryland’s Broadening Options and Opportunities for Students Today (BOOST) Program helps thousands of students access schools that are the right fit for them, but policymakers could do much more to expand educational opportunity.

Eligibility for the scholarships is limited to 185 percent of the federal poverty line. Around one in five  Maryland students are eligible for a scholarship and less than 1 percent of students statewide actually use a scholarship.

The average scholarship size is about $3,134, which is about 19 percent of the average expenditure per student at Maryland’s district schools. The amount of scholarships budgeted for the 2022-23 academic year is only $10 million, which is equivalent to only 0.76 percent of Maryland’s total K–12 expenditures.

In order to expand access to educational choice, Maryland policymakers should dramatically increase funding for the scholarship and expand eligibility to all students (prioritizing scholarships based on need). Instead of funding the scholarships via an annual line-item appropriation, the scholarships should be formula funded. The program could also be converted into an education savings account to ensure that all students have access to the education that’s the right fit for them, whether private school or a customized course of education.

Additionally, Maryland’s scholarship program has some unnecessary and counterproductive regulations. The program requires the Maryland Department of Education to “compile and certify” a list of applicants and rank them by eligibility before sending to the BOOST advisory board. Though this was likely intended to provide the most aid to the most disadvantaged students, this policy creates unnecessary invasions of privacy and forces a ranking system for students already eligible for the program. Schools participating in this program also must adhere to Maryland’s Title VI of the Civil Rights Act of 1964 as amended and Title 20 Subtitle 6 of the State Governor Article, which requires private schools eligible for vouchers to not discriminate in student admissions, retention, expulsion or otherwise based on race, color, national origin, sexual orientation or gender identity or expression. Although the program includes a protection for religious liberty (“Nothing herein shall require any school or institution to adopt any rule, regulation, or policy that conflicts with its religious or moral teachings”), the state government expelled one private religious school from participating in the program due to its stated beliefs about marriage and sexuality, even though the school fully complied with the state’s nondiscrimination policy concerning admissions. The case is currently being litigated.

Rules and Regulations

• Income Limit: 100 percent x FRL
• Prior Year Public School Requirement: None
• Geographic Limit: Statewide
• Enrollment Cap: None
• Voucher Cap: 100% Statewide Average Per-Pupil Expenditure by Local Education Agencies
• Testing Mandates: Nationally norm-referenced tests

School Requirements

• Have participated in state’s Non-Public Schools Program for Textbooks and Computer Hardware and Software
• Have at least one grade above kindergarten
• Administer national norm-referenced assessments to all students in English/language arts and mathematics in grades 3–8 and high school, and at least three times in science
• Comply with Title VI of the Civil Rights Act of 1964 as amended and Title 20 Subtitle 6 of the State Governor Article
• Agree not to discriminate in student admissions, retention, or expulsion on the basis of race, color, national origin, sexual orientation or gender identity or expression.
  • If a non-public school fails to comply with these requirements, it shall reimburse all scholarship funds to the state

Governing Statutes

Senate Bill 190 § R00A03.05

Legal History

On December 10, 2021, the U.S. District Court of Maryland in Bethel Ministries, Inc. v. Salmon held that the state board administering the BOOST voucher program violated the First Amendment free speech rights of Bethel Christian Academy when it removed and excluded the school from the voucher program. The Court opined that the state violated the constitution when it “conditioned government funding on a viewpoint-based restriction of speech” and violated the Unconstitutional Conditions doctrine.  

Schools participating in the BOOST program are prohibited from discriminating against students in the admissions process based on sexual orientation or gender identity. Bethel did not violate this nondiscrimination law. The case began when the school was nonetheless disqualified due to statements in its parent/student handbook that marriage is “a covenant between one man and one woman,” and that gender is bestowed by God “at birth as male or female to reflect His image.” The Court declined to rule whether the BOOST program is constitutional. This case may be appealed. Bethel Ministries, Inc. v. Salmon (D. Md. 2021).