In 2015–16, the maximum voucher amount is $7,214 for grades K–8 and $7,860 for grades 9–12. Each school year, maximum voucher payments increase by a dollar amount equal to the dollar amount increase in general school aid to Wisconsin public schools. Parents of students in grades 9–12 that have an income greater than 220 percent of the federal poverty level ($53,460 for a family of four in 2016–17) may be charged additional tuition above the voucher amount.

Students who live in Milwaukee and whose family income does not exceed 300 percent of the federal poverty level are eligible ($72,900 for a family of four in 2016–17); moreover, a family’s income limit increases by $7,000 if the student’s parents/legal guardians are married. Students who are continuing the program from previous years and those who were on a school’s waiting list in the prior year because the school did not have space available do not need to demonstrate income eligibility. Once a student receives a voucher, that student is able to keep it, regardless of his or her family’s future income.

The Milwaukee Parental Choice Program’s income limits cover more than 58 percent of all Milwaukee families, earning strong marks on eligibility. However, the maximum voucher of $7,214 (K–8) and $7,860 (9–12) per pupil is only slightly more than half of what Milwaukee public school pupils get. Additionally, the program’s regulations are somewhat extensive. Voucher students must be allowed to opt out of religious programs. Also, participating private schools must submit to mandatory academic standards, specific hours of yearly instruction and must admit students on a random basis and allow all applicants to enroll if they have capacity. Accountability provisions also require that state tests be used. The Milwaukee Parental Choice Program could improve in each area: Increase eligibility, raise voucher amounts closer to public school students’ levels and lower regulations on participating schools. That could include allowing parents—not the state—to determine which tests their children take in private school and removing the reporting requirements.

• Income Limit: 300 percent x Poverty
• Prior Year Public School Requirement: None
• Geographic Limit: District (Milwaukee)
• Enrollment Cap: None
• Voucher Cap: $7,214 (K–8) / $7,860 (9–12)
• Testing Mandates: State

School Requirements:

• Meet state nondiscrimination policies
• Meet state health and safety codes
• Allow students to opt out of religious programs
• Administer state testing to voucher recipients in grades four, eight and 10; Smarter Balanced Assessments for English Language Arts and Math for grades 3–8; and the ACT suite of assessments for high school students
• Receive accreditation within three years of participating in the Milwaukee Parental Choice Program (current participating schools adding grades or creating a new school are exempt)
• Submit an annual financial audit conducted by a certified public accountant to the state
• Admit eligible students on a random basis
• Provide evidence of sound fiscal practices and financial viability to the state
• School administrators must undergo financial training and have at least a teaching license or a bachelor’s degree from a nationally or regionally accredited institution of higher education
• Teachers must have a teaching license or a bachelor’s degree from a nationally or regionally accredited institution of higher education and teacher aides must have received a high school diploma or been granted a GED or HSED
• Must provide 1,050 hours of direct pupil instruction in grades 1–6 and 1,137 hours of direct pupil instruction in grades 7–12
• Must provide the state with information about the academic program at the participating school and student test score data

Wis. Stat. §§ 119.23 and 235

In June 2011, the ACLU filed a complaint with the U.S. Department of Justice’s Civil Rights Division, alleging that the Milwaukee voucher program violates federal laws prohibiting discrimination against students with disabilities. On December 23, 2015, the U.S. Department of Justice, Civil Rights Division of the Educational Opportunities Section, issued a letter to Wisconsin’s state superintendent of public instruction, informing the superintendent that after a rigorous evaluation, the Department of Justice has determined that no further action is warranted and that their investigation is now closed. There were no findings of wrongdoing.

In 1998, the Wisconsin Supreme Court held that the Milwaukee voucher program does not violate either the state’s Compelled Support Clause or Blaine Amendment. The court also affirmed the conclusions of Davis (1992), an earlier uniformity challenge to the school choice program. Jackson v. Benson, 218 Wis. 2d 835, 578 N.W.2d 602 (1998), cert. denied, 525 U.S. 967 (1998).