SOUTHERN

L E G I S L AT I V E
CONFERENCE
OF

SPECIAL EDUCATION
SCHOOL VOUCHERS:

A LOOK AT SOUTHERN STATES

A REGIONAL RESOURCE FROM THE SLC

THE COUNCIL
O F S TAT E
G OV E R N M E N T S
Copyright February 2016

by Mikko Lindberg, Policy Analyst

Photo courtesy of
EasyStand via flickr
Creative Commons
License

Introduction
chool choice* continues to generate debate in
state legislatures, even as several states move toward offering their students options beyond the
K-12 public school setting. However, given the
particular circumstances of children with special needs, less debate and controversy has surrounded the
implementation of school choice programs for students in
special education classrooms. Since state governments have
a constitutional obligation to provide an education to all
children, creating more educational options for children
with special needs has the most potential for providing
them the best education possible. Meanwhile, considering
that the average annual cost of a special education student
is $9,369 above the norm,1 the provision of legally required
additional services for special needs students can prove
costly for public schools with a small student population,
where economies of scale are not feasible. Allowing and
supplying additional school options for special education
students, in these cases, may provide savings for schools
unable to provide cost-effective specialized services for the
limited number of students requiring them.
This SLC Regional Resource examines the strategies taken
by Southern states to increase school options for special education students through the implementation of
School choice refers to an array of programs designed to create
options beyond the K-12 public school setting.
*

SERVING THE SOUTH

state-funded school voucher programs, focusing on their

many forms and variations, and addresses school voucher
programs that provide direct payments or reimbursements
to private alternative schools or parents and legal guardians, respectively. While several strategies beyond school
voucher programs, such as tax credits and educational
savings accounts, have been implemented as additional
strategies to increase school choice, these programs are
not included within this Regional Resource.

Individualized Education Programs

The federal Individuals with Disabilities Education Act (IDEA),
a 1990 reauthorization of the Education for All Handicapped
Children Act of 1975, requires all public schools to craft an
Individualized Education Program (IEP) for any child with
a learning disability.
The Act identifies the following conditions as a disability
requiring special education and related services:
Mental retardation;
Hearing impairment (including deafness);
Speech or language impairment;
Visual impairments (including blindness);
Serious emotional disturbance;
Orthopedic impairments;
Autism;

THE SOUTHERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

P.O. Box 98129 | Atlanta, Georgia 30359
ph: 404/633-1866 | fx: 404/633-4896 | www.slcatlanta.org

Traumatic brain injury;

Other health impairment; and
Specific learning disability.
The purpose of an IEP is to ensure that every child
with special needs receives a free appropriate public
education* that ultimately provides them with equality of opportunity, full [civic] participation, independent
living, and economic self-sufficiency.2 Notably, IEPs are
individualized, meaning that every IEP is a unique document, tailored for the specific circumstances of each
student. However, each IEP is required to have several common, but individualized, components, including:
Current performance: information about how the
child is performing in his or her classes;
Annual goals: measurable objectives of learning and
advancement for each school year;
Special education and related services: a list of the
special education and related services that will be provided to the child or on behalf of the child;
Participation with nondisabled children: notes to
what extent the child will not participate in regular
classroom and other school activities;
Participation in state- and district-wide tests: a
determination of what standardized testing is appropriate for the child, and what special accommodations
will be required. If the child is exempted from testing,
an alternative measure must be identified;
Dates and places: a statement identifying the beginning, frequency, location, and completion date for the
special education services provided;
Transition service needs: a requirement for students
at age 14, identifying courses needed to realize postschool goals;
Needed transition services: required for students at
age 16, identifying what transition services are needed
to assist the child to succeed upon leaving school; and
Progress measurements: an outline of how the students progress will be measured and what information
will be reported to the parents or legal guardians.3
Free appropriate public education refers to the educational
right of children with disabilities in the United States guaranteed by the Rehabilitation Act of 1973 and IDEA.
*

2 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

In essence, IDEA and its requirements for IEPs provide basic rights and protections to children with
special needs attending public schools within the United States. Each IEP and any modifications made to a
students learning plan requires approval by parents or
legal guardians. Further, if parents or legal guardians
wish to challenge any decisions about their childs eligibility, evaluation, placement, and the services that
the school provides, they may negotiate directly with
the school or request remediation up to due process.
It is important to note that federal regulations created
through IDEA apply only to public schools, and not
private institutions. That is to say, once a child leaves
the public school system, the protections provided
by IDEA no longer apply. Given these circumstances, states considering the implementation or revision
of a state-funded private school voucher system for
special education students should consider how the
protections granted by IDEA transfer to schools of
choice, and if private schools will be able to provide,
and do provide, the appropriate services needed by
special education students.

504 Accommodation Plans

A 504 Accommodation Plan is named after Section 504
of the Rehabilitation Act of 1973, prohibiting discrimination against qualifying individuals with disabilities in
federal agencies and programs, activities that receive
federal financial assistance, or activities conducted by
a federal agency. Section 504 defines a disability more
generally as a physical or mental impairment that substantially limits a persons ability to participate in a
major life activity.4 As such, a student with a less severe learning disability that does not qualify for an
IEP but still impedes the students ability to learn in a
general education classroom e.g., an attention deficit
hyperactivity disorder may qualify for a 504 Accommodation Plan. The federal requirements for a student
504 Accommodation Plan also are less stringent, with
Plans generally confined to a list of any special accommodations that will be provided to the student,
identification of any and all service providers, and the
identification of an administrator who provides oversight and ensures the Plan is properly followed.5

State-Funded School Voucher

Programs for Special Education
Students in the SLC Member States
School voucher programs for special education students
have been present in the SLC member states since 1999,
when Florida became the first state in the nation to enact a program. To date, seven of 15 SLC member states
have implemented a similar program, demonstrating a
discernible trend toward increasing school choice options for special needs student populations.

Arkansas
On April 8, 2015, Governor Asa Hutchinson signed
House Bill 1552, establishing the Succeed Scholarship
Program for students with disabilities. The legislation
allows public school students with an IEP to apply for
a state-funded scholarship* to pay for private school tuition.6 To qualify, a student must have attended a public
school for one year or be a dependent of an active-duty military member, and must have been accepted into
a private school of choice.7
The Succeed Scholarship will be implemented during the 2016-17 school year, and will operate as a pilot
program in its first year, with a cap of approximately
100 students.8 Individual scholarships will be funded
at the lesser of either the states foundation funding
amount for the current school year $6,646 for fiscal
year 2017 or the tuition and fees of a selected private
school. The parents or legal guardians of special needs
students are responsible for paying the difference between the scholarship and private school tuition and
fees. The payments will be disbursed to participating
schools on a monthly basis.9
Due to the different nomenclature used by individual states,
this report uses the words, scholarship, grant and voucher
interchangeably to refer to private school vouchers.
*

Arkansass Public School Funding Act of 2003 defines foundation

funding as an amount of money specified by the General Assembly for each school year to be expended by school districts
for the provision of an adequate education for each student. The
foundation amount comprises two parts the local contribution and the state equalization amount. Citizens pay an amount
based on their property assessment each year, which is used to
create the per-pupil local contribution. The state then subtracts
the per-pupil local contribution from the foundation amount
and pays the remaining amount to the districts.

Private schools that wish to qualify as a school voucher option must:

Meet the accreditation requirements set by the state
Board of Education, Arkansas Nonpublic School Accrediting Association or its successor, or another
accrediting association recognized by the State Board
of Education as providing services to severely disabled individuals;
Demonstrate fiscal soundness by having been in operation for one school year; providing a statement
by a certified public accountant confirming that the
private school is insured and has sufficient capital
or credit to operate in the upcoming school year; or
submitting a surety bond or letter or credit for the
amount equal to the scholarship funds;
Comply with federal antidiscrimination provisions;
Meet state and local health and safety requirements;
Be academically accountable to parents or legal guardians for meeting the educational needs of the student;
Employ or contract with teachers who hold baccalaureate degrees or higher;
Comply with all state laws and regulations governing private schools;
Adhere to the tenets of published disciplinary procedures before an expulsion of a student receiving a
scholarship; and
Submit all other appropriate documentation within
the state-specified deadlines.10
Qualifying private schools also must measure student
performance annually with a nationally recognized
norm-referenced test determined by the state Board
of Education, unless a student IEP provides an exemption from such testing. If the student is exempted, the
school must prepare a student progress portfolio for review by parents or legal guardians on an annual basis.11

Florida
Floridas John M. McKay Scholarships for Students
with Disabilities Program is the first school voucher program in the United States specifically directed
at special education students. Created in 1999, and expanded in 2000, the program has provided more than
270,000 scholarships since its inception.12 To be eligible for the scholarship, students must have an IEP or
504 Accommodation Plan and have attended a Florida

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 3

PreK-12 public school or the Florida School for the Deaf

and Blind* during the previous school year, or be a dependent child of a member of the United States Armed
Forces who was transferred to Florida from out of state.
Once qualified, parents and legal guardians have three
placement options for their child: a different public
school within the same school district; a public school
in an adjacent school district with available space and
appropriate services; or an eligible private school.
The amount awarded for each qualifying student is
the lesser of the tuition and fees at a selected private
school or the cost of special education and services that
the student would receive in their current school. The
parents or legal guardians of special needs students are
responsible for paying the difference between the scholarship and private school tuition and fees. If the private
school option is selected, payments are sent quarterly
by the state Department of Education to the school on
behalf of the parents or legal guardians.13 Most current
statistics indicate that the state awarded $184 million in
scholarships to 28,370 students for the 2013-14 school
year, with an average award of $7,278 for students with
an IEP and $4,146 for students with a 504 Plan.14
Once awarded, a John M. McKay Scholarship remains
in effect until the receiving student either returns to a
public school, graduates from high school, or becomes
22 years of age. While in the program, a student also
loses eligibility for the award if any of the following
events occur:
Established in 1885, the Florida School for the Deaf and Blind is
a fully accredited state public school and outreach center available tuition-free to eligible Pre-K and K-12 deaf/hard of hearing
or blind/visually impaired students. The school provides comprehensive educational services that are individualized and specific
to the unique communication and accessibility needs of each
child to develop independence and lifelong success.
*

The student receives a Florida Tax Credit Scholarship;

The student participates in the states Personal Learning Scholarship Account program;
The student participates in a home education program;
The student participates in a private tutoring program; or
Within a year, the student participates in more than
two courses provided through a state-funded virtual
school, correspondence school, or distance learning
program.15
Private schools that wish to qualify as a school voucher option must:
Employ or contract with teachers who hold baccalaureate or higher degree(s), have at least three years of
teaching experience in public or private schools, or
have special skills, knowledge, or expertise that qualify them to provide instruction in subjects taught;
Meet applicable state and local health, safety and welfare laws, codes, and rules;
Require state and federal background checks for any
employee with direct student contact, and bar those
with certain felonies or misdemeanors from positions
requiring direct student contact;
Demonstrate fiscal soundness and accountability;
Comply with federal antidiscrimination provisions;
Meet all reporting and documentation submission deadlines required by the state Department of
Education;
Provide an annual report of student progress to parent or legal guardians; and
Administer a statewide assessment for a student whose
parents or legal guardians request their participation in the public school statewide student testing
program.16
The Florida Tax Credit Scholarship Program, established in
2001, provides state tax credits for contributions to nonprofit
scholarship funding organizations which, in turn, award scholarships of up to $5,272 (for the 2014-15 school year) to eligible
children of low-income families.

The Personal Learning Scholarships Accounts (PLSA) program

allows nonprofit scholarship funding organizations to provide
educational savings accounts to parents or legal guardians raising a child with a disability. The amount of a childs PLSA is
dependent on a number of different factors, including grade level, county of residence, and a students individual level of need.
The average for the 2015-16 school year is approximately $10,000.

4 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

The John M. McKay Scholarships for Students with Disabilities Program has experienced one legal challenge to
date.In November 2009, Citizens for Strong Schools,
Inc. and Fund Education Now filed a lawsuit against the
state, demanding that it comply with a 1998 constitutional referendum to ensure a uniform, efficient, safe,
secure and high quality public education system.17 In
May 2014, the coalitions amended their suit to include
new claims addressing the Florida Tax Credit Scholarship Program and the John M. McKay Scholarships
for Students with Disabilities Program.18 The amended
complaint asserts that these school voucher programs,
among others, unconstitutionally divert money from
Floridas public schools. The case is scheduled for a
five-week trial in the circuit court of the second judicial circuit of Leon County beginning March 2016.19

Georgia
The Georgia Special Needs Scholarship Program (GSNS)
was created through Senate Bill 10 of 2007, or the Georgia Special Needs Scholarship Act, and signed into law by
then-Governor Sonny Perdue as a school choice program for special needs students with an IEP attending
Georgia public schools. To qualify, a student must have
a parent or legal guardian who has resided in the state
for at least one year, been enrolled in grades K-12 and
completed the most recent school year in a Georgia
public school, and received special education services
through an IEP. Meanwhile, pre-kindergarten students,
home school students, students in private residential
treatment facilities, students in a Georgia Department
of Juvenile Justice school, students in an Early Intervention Program,* and students with a 504 Accommodation
Plan are not eligible.20 Furthermore, a student becomes
ineligible if he or she leaves an authorized private school
and does not re-enroll immediately in another, graduates from high school, or turns 21 years old.21
If the eligibility criteria for a GSNS are met, a student
may request a transfer from their current public school
to: 1) another public school within their current school
Georgias Early Intervention Program is designed to serve students who are at risk of not reaching or maintaining academic
grade level. The goal of the program is to provide additional instructional resources to help students who are performing below
grade level obtain the necessary academic skills to reach grade
level performance in the shortest possible time.
*

district; 2) another public school outside their current

school district; 3) one of three state schools for the blind
or deaf; or 4) a private school that has been authorized
to accept students through the GSNS program. Scholarship payments for GSNS students are calculated using
data from the last year the student was in a Georgia
public school. Payment amounts are based on the cost
of services provided to each individual student and can
vary widely depending on the degree of disability. For
the 2014-15 school year, scholarships generally ranged
from $2,500 to $13,500, with the average award totaling $5,700.22 The parents or legal guardians of special
needs students are responsible for paying the difference
between the scholarship and private school tuition and
fees. State payments to private schools are sent quarterly
by the Department of Education directly to the school.23
Schools participating in the GSNS program ultimately
control which students are accepted. However, once a
student is accepted, he or she must be allowed to complete all grades offered. For example, a middle school
must allow a GSNS student to stay until the student
completes grade 8, unless the student becomes ineligible for the program.24
Private schools that wish to participate in the GSNS
program must:
Be physically located in the state;
Be accredited through an approved regional or state
accrediting entity;
Demonstrate fiscal soundness;
Employ or contract only with teachers who hold a
bachelors degree or higher degree, or have at least
three years of experience in either education or health;
Meet applicable state and local health, safety, and welfare laws, codes, and rules;
Comply with federal antidiscrimination provisions;
Conduct criminal background checks on teachers that
will come into contact with a GSNS student, and have
protocols to handle any criminal histories that may
surface;
Only students with significant visual disabilities, deafness and/
or hardness of hearing may request a transfer to a state school
for the blind or deaf.

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 5

Provide clear, written descriptions of academic progress to the parents or legal guardians of GSNS students
during a school year;
Administer valid and reliable beginning-of-grade and
end-of-grade assessments to GSNS students and report
test results to parents or legal guardians; and
Complete other applicable reporting requirements.25

Louisiana
In 2010, the School Choice Pilot Program for Certain
Students with Exceptionalities Act was passed by the Legislature and signed into law by then-Governor Bobby
Jindal. Originally implemented as a pilot program for
grades K-8 during the 2011-12 school year, it was expanded in 2012 to include grades K-12. The School
Choice Program for Certain Students with Exceptionalities offers students with certain disabilities residing
in a parish with a population of 190,000 or more currently seven of the states 64 parishes tuition assistance
to attend eligible participating schools that offer special
needs programs.26 The Program offers tuition assistance
for up to50 percent of the state per pupil funding for
the students school district approximately $2,200
per year and cannot exceed the cost of the private
school tuition.27 If the cost is higher than the amount
of tuition assistance, the parents or legal guardians of
special needs students are responsible for paying the
difference. Program participation totaled 342 students
for the 2015-16 school year.
To qualify for the program, students must:
Have been identified by a Louisiana public school district as a student with autism, a developmental delay,
a mental disability, other health impairment, specific
learning disability, or a traumatic brain injury;
Have an IEP; and
Be eligible to attend public school in Louisiana.28

In addition to the parish population requirements, private schools that wish to qualify as a school choice
option must:
Be approved by the Board of Elementary and Secondary Education;
Comply with the racial nondiscrimination requirements set forth in Brumfield v. Dodd;*
Have provided educational services to students with
qualifying diagnoses for at least two years prior to
participation;
Employ teachers who hold appropriate certification
in special education; and
Submit all other appropriate documentation within
the state-specified deadlines.29

Mississippi
In 2012, with the passage of House Bill 1031, signed into
law by Governor Phil Bryant, Mississippi became the
first state in the nation to create a school voucher program targeted particularly for children with dyslexia.
Specifically, the Dyslexia Therapy Scholarship for Students with Dyslexia Program provides children with
dyslexia the option of attending a public school other
than their current one or receiving a scholarship to
attend a private school of their choice.30 The scholarship amount is determined by the Mississippi Adequate
Education Program (MAEP) base student cost for the
school year and equaled approximately $4,918 for the
2015-16 school year, with 116 students participating.31
The parents or legal guardians of special needs students
are responsible for paying the difference between the
scholarship and private school tuition and fees. Scholarships for private schools are paid by the state directly
to private schools in 12 installments.
The judicial orders issued in Brumfield v. Dodd prohibited the
provision of public funds or other assistance to any racially discriminatory private school or to any racially segregated private
school and created a certification process to establish private
school eligibility for receiving public funds.
*

The Mississippi Adequate Education Program (MAEP), created

in 1997, established the funding formula used to provide adequate
current operation funding levels necessary for the programs of
each school district to meet a successful level of student performance as established by the state Board of Education. The
MAEP formula produces a base student cost, considered to be
the amount necessary to provide each student an adequate education in a Mississippi school.

6 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

To qualify for the program, students must:

Have been properly screened and diagnosed with
dyslexia;*
Be entering grade 1-6;
Have attended a full school year at a Mississippi public
school or any other state-approved nonpublic school
within Mississippi providing instruction in dyslexia
intervention; and
Have been accepted into a school that is eligible for
the program.32
However, students do not qualify for the program if
they are:
Enrolled into a state school operated by Department
of Juvenile Justice (due to detainment for a criminal offense);
Participating in a home school education program; or
Taking more than two courses per school year in
a virtual school, correspondence school, or distance
learning program that receives state funding under
the students participation;
Private schools that wish to qualify as a school voucher
option for the Dyslexia Therapy Scholarship for Students with Dyslexia Program must:
Maintain a physical location within the state;
Be accredited by the state Department of Education
as a special purpose nonpublic school;
Use licensed dyslexia therapists or trainees of an
approved program to provide dyslexia therapy to
qualifying students;
Provide instruction for students with dyslexia using
the Orton-Gillingham Approach;
Have school leadership with additional training in
the characteristics of dyslexia;
The legislation also requires every school district to screen
public school students for dyslexia twice, once in kindergarten
and again in grade 1.

Conform to required criminal history record checks

and fingerprinting requirements to determine employment eligibility of teachers and other school personnel;
Provide, at a minimum, an annual progress report to
a students parents or legal guardians;
Follow generally accepted accounting principles and
submit to annual audits by the state auditor; and
Submit all other appropriate documentation within
the state-specified deadlines.33
In 2013, Mississippi expanded its school vouchers options for special education students with House Bill
1004, establishing the Nate Rogers Scholarship for
Students with Disabilities Program. Similar to the
Dyslexia Therapy Scholarship for Students with Dyslexia Program, the Nate Rogers Scholarship provides a
scholarship for qualifying students to attend a private
school that offers speech-language therapy. The scholarship amount also is determined by the MAEP base
student cost for each school year; however, the average scholarship for the 14 students participating in the
program in 2014-15 equaled $5,155.34 The parents or legal guardians of special needs students are responsible
for paying the difference between the scholarship and
private school tuition and fees.
The student requirements to qualify for the Nate Rogers Scholarship are the same as those for the Dyslexia
Therapy Scholarship, except that the student must
have a speech-language impairment and must have
received speech-language therapy and intervention.
The criteria for disqualification are equal to those of
the Dyslexia Therapy Scholarship for Students with
Dyslexia Program.
Private schools that wish to qualify as a school voucher option for the Nate Rogers Scholarship for Students
with Disabilities Program must:

Orton-Gillingham Approach is an instructional technique intended primarily for use with persons who have difficulties in
reading, spelling, and writing typically associated with dyslexia.
The Approach generally recommends a one-on-one teacher-student instructional model or small-group instruction.
(Source: Academy of Orton-Gillingham Practitioners and Educators)

Maintain a physical location within the state;

Be accredited by the state Department of Education
as a special purpose nonpublic school that emphasizes
The legislation also requires that local school districts screen
students for speech, language, voice and fluency disorders before the end of grade 1.

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 7

instruction in speech-language therapy and intervention as its primary purpose;

Employ licensed and certified speech-language pathologists to provide an appropriate and specialized
speech-language instructional program to participating students;
Conform to required criminal history record checks
and fingerprinting requirements to determine employment eligibility of teachers and other school personnel;
Provide, at a minimum, an annual progress report to
the students parents or legal guardians;
Follow generally accepted accounting principles and
submit to annual audits by the state auditor; and
Submit all other appropriate documentation within
the state-specified deadlines.

North Carolina
In 2013, the General Assembly passed House Bill 269,
creating Special Education Scholarship Grants for Children with Disabilities to replace an existing Tax Credit
for Children with Disabilities. In October 2013, the
North Carolina State Education Assistance Authority* began accepting and reviewing applications for
the program, giving priority to families who previously were granted a Tax Credit for Children with
Disabilities. Once pre-qualified families are approved
for scholarship grants, new applications are considered on a first-come, first-served basis.35 The program
provides up to $8,000 per school year by reimbursing
parents or legal guardians for qualifying expenses for
children with disabilities who attend school in an eligible nonpublic setting. The parents or legal guardians
of special needs students are responsible for paying the
difference between the scholarship and private school
tuition and fees. During the 2014-15 school year, 611students participated in the program and were awarded
$5,070 on average.36 The original legislation appropriated $3 million per fiscal year toward scholarship grants
to eligible students, to be rolled over if not depleted by
qualifying reimbursement submissions.37
The North Carolina State Education Assistance Authority is a
state agency that promotes access to higher education by administering financial aid and savings programs, informing students
and families about paying for college, teaching educators about
financial aid administration, and advocating for resources to
support students.
*

8 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

To qualify for the program, students must:

Be a child with a disability and an IEP;
Be reevaluated and identified as a child with a disability by their local public school district at least
every three years;
Have been previously approved to receive the grant,
or enrolled in a North Carolina public school for the
entire previous semester, or eligible for enrollment
in kindergarten or grade 1 within a North Carolina public school;
Be five to 22 years of age;
Be enrolled in an approved eligible school or home
school program; and
Receive special education at least 75 days per semester.38
Meanwhile, a student is ineligible if they have:
Been enrolled in a nonpublic school at public expense;
Received public school services while using the grant;
Earned a high school diploma; or
Been enrolled full-time at a postsecondary institution
(college or technical school).39
Notably, and unlike many other state special education
voucher programs, North Carolina does allow parents
or legal guardians of qualifying children to opt for
home schooling and receive reimbursements for costs
associated with special education instruction, related
services, and educational technology. However, if parents or legal guardians choose to home school a child,
the grant program does not allow for reimbursements
for any tuition payments, even if the student enrolls
in a private school for part of the semester.40
Private schools that wish to qualify as a school voucher option must:
Meet all applicable state and local fire,safety, sanitation and immunization requirements;
Agree to provide state access to all student records related to the administration of the voucher program;
Report tuition and fees charged to the student;
Perform a criminal background check on the school
staff member with the highest decision-making
authority and confirm that person has not been convicted of certain misdemeanors or felonies;

Provide to the tuition-paying parent or legal guardian

of an eligible student an annual written explanation
of the students progress;
Administer a nationally standardized test or other
nationally standardized equivalent measurement to
all students in grade 3 or higher participating in the
program, at least annually;
Report graduation rates and aggregate standardized
test performance of participating students;*
Contract with a certified public accountant to perform
a financial review during each school year scholarship program students served were awarded more
than $300,000;
Comply with federal antidiscrimination provisions;
and
Submit all other appropriate documentation within
the state-specified deadlines.41

Oklahoma
Lindsey Nicole Henry Scholarships for Students with
Disabilities were first established in 2010 through House
Bill 3393, creating additional funds for students with disabilities to attend PreK-12 in a private school of choice
approved by the state Board of Education.42 In 2011, the
program was updated through House Bill 1744, clarifying student IEP requirements, exempting children of
military parents or legal guardians from school attendance requirements, and providing additional guidance
and instruction.43 The scholarship amount is the lesser
of the funds that would have been designated for public school education or private school tuition and fees.
The average award during the 2014-15 school year was
$6,632 per student for 377 participating students.44 The
parents or legal guardians of special needs students are
responsible for paying the difference between the scholarship and private school tuition and fees. Payments are
made quarterly to the private school of choice on behalf of the parents or legal guardians.
To qualify for the program, students must:

to Oklahoma, or have an Individualized Family Service Plan; and

Have been accepted into an eligible private school of
choice.45
Private schools that wish to qualify as a school voucher option must:
Meet state accreditation standards;
Demonstrate fiscal soundness;
Report to the state Department of Education the services which the school has available for students with
disabilities;
Comply with federal antidiscrimination provisions;
Meet state and local health and safety laws and codes;
Be academically accountable to the parent or legal
guardian for meeting the educational needs of the
student;
Employ or contract teachers who hold a bachelors
degree or higher, or have at least three years of teaching experience in public or private schools, or have
special skills, knowledge, or expertise that qualifies
them to provide instruction;
Comply with all state laws relating to general regulation of private schools;
Adhere to published disciplinary procedures prior to
the expulsion of a scholarship student; and
Submit all other appropriate documentation within
the state-specified deadlines.46
Since its passage, the Lindsey Nicole Henry Scholarships for Students with Disabilities Act has been legally
challenged twice, with litigation ongoing as of December 2015. In January 2011, four school districts
filed suit against the state attorney general on the
grounds that the Act violates the Oklahoma Constitutions prohibition of using public funds to aid,
directly or indirectly, any sectarian institution, and
of making a gift of public funds.47,48 After an appeal
of a Tulsa County Court ruling finding the school
An Individualized Family Service Plan (IFSP) is a plan for early intervention for children with special needs, focusing on the
role of the family. Special services for a child are guided by the
IFSP from birth to age 3. At age 3, the IFSP transitions into
an IEP. Since Oklahomas Nicole Henry Scholarships for Students with Disabilities program serves children entering PreK,
some parents or legal guardians may apply for the scholarship
through an IFSP.

Be a child with a disability and an IEP;

Have spent the prior school year in attendance at a
public school in Oklahoma, be the child of a member of the United States Armed Forces transferred
Standardized test performance reporting only is required if
the school serves more than 25 students receiving scholarship.
*

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 9

voucher law unconstitutional, the Oklahoma Supreme

Court struck down the earlier decision, ruling that
the school districts did not have the legal standing to
challenge the law. After the state Supreme Court ruling, a new suit was filed in October 2013 by a group
of Oklahoma citizens on the same grounds as before
and, in August 2014, Oklahoma County District Judge
Bernard Jones became the second judge to rule the
law unconstitutional.49 However, Judge Jones ruled
that only the section of the law allowing state money to private sectarian schools was unconstitutional
and that payments to private non-sectarian schools
was constitutional. In addition, after the state attorney general announced that the state would appeal
the decision, Judge Jones stayed his ruling, allowing
the program to continue uninterrupted, in its entirety,
until the state Supreme Court takes up the appeal.50
The state Supreme Court has yet to decide if it will
consider the appeal.

Conclusion
While the U.S. Constitution does not guarantee education as a human right, every state has a constitutional

provision, commonly called the education article,

granting its citizens access to a free, public education,
generally through the 12th grade. For decades, both
education funding equity and access issues have been
constant topics of discourse among public policymakers. In an effort to address pervasive challenges ranging
from poor-performing schools to low teacher retention,
poor graduation rates to teacher evaluation and certification, from hunger and nutrition to school climate,
policymakers have examined and addressed myriad
ways to improve the multiple aspects of the K-12 public education system.
As an enterprise-wide endeavor, the U.S. public education system has demonstrated many successes in
providing a free education to millions of the nations
children. However, during the past 30 years, much criticism has been levied against the systems ability to
adequately educate and prepare students for careers or
higher education. In an effort to find alternative solutions and offer greater access to options other than
public education, school voucher programs were legislated, whereby funding historically tied to the public

Special Education School Vouchers in SLC Member States

Average School
Voucher
Amount

Name of State Program

Arkansas

Succeed Scholarship Program for

Students with Disabilities

2015

Up to 100 $6,500 (projected)

Florida

John M. McKay Scholarships for

Students with Disabilities Program

1999

28,370 $7,503 (projected)

Georgia

Special Needs Scholarship Program

2007

3,811

$5,396

Louisiana

School Choice Program for Certain

Students with Exceptionalities

2010

342

$2,264

Dyslexia Therapy Scholarship for

Students with Dyslexia Program

2012

148

$4,918

Nate Rogers Scholarship for Students

with Disabilities Program

2013

14

$3,556

North Carolina

Special Education Scholarship Grants

for Children with Disabilities

2013

611

$5,070

Oklahoma

Lindsey Nicole Henry Scholarships

for Students with Disabilities

2010

377

$6,632

Mississippi

Source: Friedman Foundation for Educational Choice

10 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

Year Introduced

Most Recent
Annual
Participation

State

education system became portable and tied to the pupil rather than the school.
As school vouchers continue be part of the mainstream
education landscape, policymakers most recently have
turned their attention to providing the same option
to families with special educational needs. Although a
smaller population in relation to the larger body of students attending both public and private schools, their
needs are no less important. Increasingly, parents and
legal guardians of special needs children are seeking
alternatives to the public school environment, and implementation of school vouchers for special education
students is becoming more commonplace. Since Florida became the first state in the nation to establish a

school voucher program for special education students

in 1999, several states followed with similar programs,
adapted for their particular circumstances. As these
programs are considered, and previously implemented
programs continue to grow and evolve, policymakers
have several strategies to consider that will determine
the effectiveness of these programs vis--vis their ability to serve special education students.
Given that the parents or legal guardians of special
needs students are responsible for paying the difference between the scholarship and private school tuition
and fees, one particular consideration before lawmakers is how to ensure that low-income families have the
ability to utilize any state school voucher programs.

Average Private School Tuition in SLC Member States

State / Affiliation

Elementary Schools

Secondary Schools

Average

Alabama

$5,117

$7,555

$6,833

Arkansas

Not Available

Not Available

Not Available

Florida

$6,509

$8,669

$7,628

Georgia

$8,681

$10,428

$9,777

Kentucky

$5,056

$6,782

$5,858

Louisiana

$5,061

$6,413

$5,646

Not Available

Not Available

Not Available

Missouri

$5,974

$11,841

$8,671

North Carolina

$7,634

$9,109

$8,649

Oklahoma

$4,683

$7,166

$5,925

South Carolina

$9,517

$6,070

$7,234

Tennessee

$7,926

$8,761

$8,420

Texas

$6,942

$9,284

$8,137

$10,040

$15,207

$12,710

West Virginia

$3,638

$5,279

$4,787

U.S. Total (Catholic)

$5,330

$9,790

$6,890

U.S. Total (Other Religious)

$7,960

$16,520

$8,690

$18,170

$25,180

$21,510

$7,770

$13,030

$10,740

Mississippi

Virginia

U.S. Total (Nonsectarian)

U.S. Total (All Private Schools)

Sources: Average Private School Tuition Cost (2015-2016). Private School Review.
http://www.privateschoolreview.com/tuition-stats/private-school-cost-by-state (accessed December 10, 2015)
U.S. Department of Education, National Center for Education Statistics, Schools and Staffing Survey (SASS), Private School Data File,
1999-2000, 2003-04, 2007-08, and 2011-12 https://nces.ed.gov/programs/digest/d14/tables/dt14_205.50.asp (accessed December 10, 2015).

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 11

Low-income households have the least disposable income to allocate toward the special needs of their child,
creating many impediments to individualized services.
Capping scholarships for special education services adversely affects families with limited finances, as private
schools may remain out of reach even with a partial
scholarship.
A potential solution to the problem of accessibility is
the creation and authorization of dual participation in
both special education and low-income school voucher programs. In addition to school vouchers for special
education students, many states have established similar programs for low-income families. North Carolina
is an example of a Southern state that has implemented this approach. However, a limitation of the North
Carolina model is that it reimburses parents and legal
guardians for costs associated with special education in
lieu of providing payments up front, which prevents
access for families that do not have the means to prepay private tuition and fees. Making special education
vouchers need-based is another option, and one with
the potential to provide additional funds for families
that are not able to participate without a scholarship
covering private school tuition and fees in full.
In addition to financial concerns, when a student enters a private educational institution, parents or legal
guardians relinquish all protections and rights afforded
to them by the federal Individuals with Disabilities Education Act and Individualized Education Plans. Given that

12 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

the ultimate objective of school voucher programs is

to give parents or legal guardians the ability to choose
the best option for their childs education, ensuring
that public school alternatives are able to serve a special education student and provide a proper learning
environment for them is critical. Southern states have
taken several approaches to ensuring that certain failsafes are in place for schools of choice, including:
Requiring that the teachers serving program students have proper teaching credentials and training
for special education students; an advanced level of
postsecondary education; or special skills, knowledge,
or expertise that qualifies them for their position;
Requiring that schools themselves are designed and
administered specifically as one serving special education students;
Requiring the administration of yearly student assessments and student progress reports; and
Requiring background checks for teachers and
personnel.
School vouchers for special education students have the
potential to assist families and their children in finding a learning environment tailored for their particular
circumstances. However, an appropriately structured
program is critical for meeting this end. As policymakers consider the options before them, several Southern
states have replicable program components that can
create a successful program for meeting the needs of
special student populations.

Endnotes
1) Background of Special Education and the Individuals with Disabilities Education Act (IDEA).
National Education Association. http://www.nea.org/home/19029.htm (accessed January 20, 2016).
2) Individuals with Disabilities Education Improvement Act of 2004. Public Law 108-446. 108th
Congress. http://idea.ed.gov/download/statute.html (accessed November 18, 2015).
3) Guide to the Individualized Education Program. U.S. Department of Education. March 23, 2007.
http://www2.ed.gov/parents/needs/speced/iepguide/index.html (accessed November 18, 2015).2015
4) 504 Plan Terminology | Glossary of Terms Used in and About 504 Plans. Understood.
https://www.understood.org/en/school-learning/special-services/504-plan/504plan-terms-to-know (accessed November 18, 2015).
5) IEP vs. 504 Plan: Whats the Difference? | Special Education Law. Understood. https://www.understood.org/en/
school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans (accessed November 18, 2015).
6) Lyon, John. Hutchinson Signs Bill to Allow Tax-Free Savings for Disabled. Arkansas News. April 8, 2015.
http://arkansasnews.com/news/arkansas/hutchinson-signs-bill-allow-taxfree-savings-disabled (accessed November 13, 2015).
7) Kaza, Greg. School Choice Reaches a Tipping Point. National Review Online. May 14, 2015.
http://www.nationalreview.com/article/418348/school-choice-reachestipping-point-greg-kaza (accessed November 16, 2015).
8) Kloap, Danielle. House Approves Bill for Private-School Scholarships. Arkansas Online. March 26, 2015.
http://www.arkansasonline.com/news/2015/mar/26/house-approves-billprivate-school-scholarships/ (accessed November 16, 2015).
9) Act 1178 of 2015. State of Arkansas. 90th General Assembly. April 8, 2015.
http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act1178.pdf (accessed November 16, 2015).
10) Ibid.
11) Ibid.
12) Florida John M. McKay Scholarships for Students with Disabilities Program.
Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/floridajohn-m-mckay-scholarships-for-students-with-disabilities-program/ (accessed November 16, 2015).
13) McKay Scholarship Program FAQs. Florida Department of Education. September 22, 2015.
http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/
mckay/mckay-faqs.stml (accessed November 19, 2015).
14) John M. McKay Scholarship Program Statistics. Florida Department of Education. November 2014.
http://www.fldoe.org/core/fileparse.php/5606/urlt/Fast_Facts_McKay.pdf (accessed November 18, 2015).
15) McKay Scholarship Program FAQs.
16) Florida Statutes 1002.39 and 1002.421.
17) A Case for High Quality Education. Southern Legal Counsel.
http://www.southernlegal.org/index.php/quality-education/ (accessed December 3, 2015).
18) Florida John M. McKay Scholarships for Students with Disabilities Program.
19) A Case for High Quality Education.

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 13

20) Georgia Special Needs Scholarship Program - Understanding the Program. Georgia
Department of Education. https://www.gadoe.org/External-Affairs-and-Policy/Policy/Documents/
SB10%20Understanding%20the%20Program.pdf (accessed November 20, 2015).
21) Quick Facts about the Special Needs Scholarship Program. Georgia Department of Education.
https://www.gadoe.org/External-Affairs-and-Policy/Policy/Documents/SB10%20
Quick%20Facts%20FTP.pdf (accessed November 20, 2015).
22) Georgia Special Needs Scholarship Program - Understanding the Program.
23) Special Needs Scholarship Program - How Payments are Made. Georgia Department of Education.
https://www.gadoe.org/External-Affairs-and-Policy/Policy/Documents/SB10%20
How%20Payments%20are%20Made.pdf (accessed November 20, 2015).
24) Georgia Special Needs Scholarship Program - Understanding the Program.
25) 160-5-1-.34 Georgia Special Needs Scholarship Program. Georgia Department of Education.
http://www.gadoe.org/External-Affairs-and-Policy/State-Board-of-Education/
SBOE%20Rules/160-5-1-.34.pdf (accessed November 20, 2015).
26) Department Announces 300 Percent Increase in School Choice Enrollments since 2012. Louisiana
Department of Education. https://www.louisianabelieves.com/newsroom/news-releases/2015/10/11/departmentannounces-300-percent-increase-in-school-choice-enrollments-since-2012 (accessed November 20, 2015).
27) School Choice Program for Certain Students with Exceptionalities. Louisiana Department of Education.
http://www.louisianabelieves.com/schools/school-choice-for-students-with-disabilities (accessed November 20, 2015).
28) Frequently Asked Questions: School Choice Program for Certain Students with Exceptionalities.
Louisiana Department of Education. https://www.louisianabelieves.com/docs/default-source/
school-choice/faq---school-choice-program.pdf?sfvrsn=10 (accessed November 20, 2015).
29) Ibid.
30) House Bill 1013. Mississippi Legislature. 2012 Regular Session.
http://billstatus.ls.state.ms.us/documents/2012/html/HB/1000-1099/HB1031SG.htm (accessed November 24, 2015).
31) Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program.
Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/mississippidyslexia-therapy-scholarship-for-students-with-dyslexia-program/ (accessed November 24, 2015).
32) House Bill 1013. Mississippi Legislature. 2012 Regular Session.
33) Ibid.
34) Mississippi Nate Rogers Scholarship for Students with Disabilities Program.
Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/mississippinate-rogers-scholarship-for-students-with-disabilities-program/ (accessed November 24, 2015).
35) NC Scholarship Program for Children with Disabilities. Autism Society of North Carolina. http://autismsociety-nc.
org/index.php/presets/public-policy/nc-scholarship-program-for-children-with-disabilities (accessed November 25, 2015).
36) North Carolina Special Education Scholarship Grants for Children with Disabilities. Friedman
Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/north-carolinaspecial-education-scholarship-grants-for-children-with-disabilities/ (accessed January 20, 2016).
37) Children with Disabilities Grant Program: Frequently Asked Questions. North Carolina State Education
Assistance Authority. http://www.ncseaa.edu/documents/CDG%20FAQ%2015%2016.pdf (accessed November 30, 2015).

14 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

38) Ibid.
39) Ibid.
40) Ibid.
41) Opportunity Scholarship Grant Program: Nonpublic School Participation Program. North Carolina State
Education Assistance Authority. http://www.ncseaa.edu/documents/OSP_PPA.pdf (accessed December 2, 2015).
42) Notification Regarding Lindsey Nicole Henry Scholarship Act. Oklahoma State Department of
Education. http://ok.gov/sde/sites/ok.gov.sde/files/LNH%20Notification.pdf (accessed December 2, 2015).
43) Lindsey Nicole Henry Scholarships for Students with Disabilities -Amended (HB 1744, 2011).
Foundation for Excellence in Education. http://excelined.org/downloads/lindsey-nicole-henryscholarships-for-students-with-disabilities-amended-hb-1744-2011/ (accessed December 2, 2015).
44) Oklahoma Lindsey Nicole Henry Scholarships for Students with Disabilities.
Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/oklahomalindsey-nicole-henry-scholarships-for-students-with-disabilities/ (accessed December 2, 2015).
45) Oklahoma Statutes 70-13-101.2. http://webserver1.lsb.state.ok.us/OK_
Statutes/CompleteTitles/os70.rtf (accessed December 3, 2015).
46) Ibid.
47) Archer, Kim. Student Voucher Law Unconstitutional due to No-Aid-to-Religion Provision, Judge Rules.
Tulsa World. August 29, 2014. http://www.tulsaworld.com/newshomepage3/student-voucher-law-unconstitutionaldue-to-no-aid-to-religion/article_ea454f83-4684-5b66-8c4d-efefe13fa69f.html (accessed December 3, 2015).
48) Archer, Kim. Union, Jenks School Districts File Lawsuit on Vouchers. Tulsa World. September 7, 2011.
http://www.becketfund.org/tulsa-world-union-jenks-school-districts-file-lawsuit-on-vouchers/ (accessed December 3, 2015).
49) Archer, Kim. Student Voucher Law Unconstitutional due to No-Aid-to-Religion Provision, Judge Rules.
50) Nelson, Jason. Lindsey Nicole Henry Scholarship Opponents Fall Short with Court Ruling. August 29,
2014. http://www.jasonnelson.org/2014/08/lindsey-nicole-henry-scholarship.html (accessed December 3, 2015).

SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 15

THE SOUTHERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

REGIONAL VIEW NATIONAL REACH

his report was prepared by Mikko Lindberg,

Policy Analyst for the Education Committee of the Southern Legislative Conference
(SLC) of The Council of State Governments
(CSG), under the chairmanship of Senator
Dolores Gresham of Tennessee. This report reflects the
body of policy research made available to appointed and
elected officials by the Southern Office.
The Southern Office of The Council of State Governments,
located in Atlanta, Georgia, fosters and encourages intergovernmental cooperation among its 15 member states. In
large measure, this is achieved through the ongoing work
of the standing committees of its Southern Legislative
Conference. Through member outreach in state capitols,
policy research, international member delegations, staff
exchange programs, meetings and fly-ins, staff support

state policymakers and legislative staff in their work to

build a stronger region.
Founded in 1947, the SLC is a member-driven organization
and the largest of four regional legislative groups operating under CSG and comprises the states of Alabama,
Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina,
Tennessee, Texas, Virginia and West Virginia.
The SLCs six standing committees provide a forum which
allows policymakers to share knowledge in their area of expertise with colleagues from across the South. By working
together within the SLC and participating on its committees, Southern state legislative leaders are able to speak in
a distinctive, unified voice while addressing issues that affect their states and the entire region.