Student Funding

In 2021–22, the maximum voucher amounts are $8,336 for grades K–8 and $8,982 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 ($61,050 for a family of four in 2022-23) may be charged additional tuition exceeding the voucher amount.

Student Eligibility

Students who live in Milwaukee and whose family income does not exceed 300 percent of the federal poverty level ($83,250 for a family of four in 2022-23) are eligible. 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.

EdChoice Expert Feedback

Wisconsin’s voucher for low-income students in Milwaukee helps tens of thousands of students access schools that are the right fit for them, but policymakers could do more to expand educational opportunity.

Eligibility for the scholarships is limited to students from families in Milwaukee earning up to 300 percent of the federal poverty level ($83,250 for a family of four in 2022-23). About three in four Milwaukee students are income-eligible to receive a scholarship. Statewide, less than 5 percent of students participate in one of Wisconsin’s private educational choice options (including the Racine Parental Choice Program, the Statewide Parental Choice Program the Special Needs Scholarship Program, and the K-12 Private School Tuition Deduction). This is the third highest EdChoice share in the nation.

The average scholarship size is about $8,478, which is about 67% of the average expenditure per student at Wisconsin’s district schools.

In order to expand access to educational choice, Wisconsin policymakers should increase the voucher amounts to be comparable with the per-pupil spending at district schools and expand eligibility to all students. 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.

The Milwaukee voucher program has some unnecessary and counterproductive regulations. For example, the program requires voucher students in certain grades to take the state’s standardized test. Instead of mandating a single test, policymakers should allow parents and schools to choose from a variety of nationally norm-referenced tests. Policymakers should also amend the program so that it no longer interferes with schools’ admissions standards.

Rules and Regulations

• Income Limit: 300 percent x Poverty
• Prior Year Public School Requirement: None
• Geographic Limit: District (Milwaukee)
• Enrollment Cap: None
• Voucher Cap: $8,336 (K–8) / $8,982(9–12)
• Testing Mandates: State Test

School Requirements

• Meet state nondiscrimination policies
• Meet state health and safety codes
• Allow students to opt out of religious programs
• Accept participating students on a random basis if at seat capacity, with preference given to siblings of students and students who participated in the program at a different private school
• Administer state testing to voucher recipients in third, fourth, eighth, ninth, 10th and 11th grade
• If not already accredited, receive accreditation within three years of participating in the Milwaukee Parental Choice Program
• Submit to the state an annual financial audit conducted by a certified public accountant
• 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 bachelor’s degree from a USDOE- accredited institution of higher education
  • Teachers must have a bachelor’s degree from an accredited institution of higher education, and teacher aides must have received a high school diploma or been granted a GED or HSED
• Administer background checks for all employees
• 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

Governing Statutes

Wis. Stat. §§ 119.23 and 235

Legal History

On March 3, 1992, the Wisconsin Supreme Court in Davis v. Grover held that the Milwaukee voucher program was constitutional. The court held that the voucher legislation was not an impermissible private or local bill, and the program does not disturb the uniformity of public school districts or violate the public purpose doctrine. Justice Ceci, in a concurring opinion said, “Let’s give choice a chance!” Davis v. Grover, 166 Wis.2d 501, 480 N.W.2d 460 (Wis. 1992)

On June 10, 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 v. Grover, 480 N.W.2d 460 (Wis. 1992), an earlier unsuccessful 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)

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