Lawmakers Back Lifting Voucher Cap for Children With Disabilities
The Senate Fiscal Policy Committee and the House Appropriations Committee unanimously approved identical measures aimed at allowing more students to receive the state-backed vouchers amid high demand.
November 07, 2023 at 03:08 PM
4 minute read
EducationState lawmakers on Monday moved toward temporarily nixing a cap on the number of students who can participate in a school-voucher program for children with disabilities.
The Senate Fiscal Policy Committee and the House Appropriations Committee unanimously approved identical measures (SB 4-C and HB 3C) aimed at allowing more students to receive the state-backed vouchers amid high demand. The full House is expected to pass its version Tuesday, with the full Senate taking up the issue Wednesday.
Senate sponsor Jay Collins, R-Tampa, said 8,839 students are waiting to receive vouchers in what is known as Family Empowerment Scholarship for Students with Unique Abilities program.
"This bill, focused narrowly on what we're trying to accomplish, ensures that we don't leave anybody behind," Collins said.
Participation in the program was capped at roughly 41,000 students for this school year. Under the proposals, the participation cap for this year would be eliminated. The state Department of Education and what are known as scholarship funding organizations — nonprofits that administer vouchers for the state — would determine how many vouchers are available.
After this school year, the program would return to using a formula for determining maximum capacity. That formula involves the overall number of "exceptional student education" students.
"Beginning with the 2024-2025 school year, the maximum number of students (in the voucher program) will increase annually by three% of the exceptional student education full-time equivalent student membership, not including gifted students," a Senate staff analysis of the proposal said.
The program provides money that families can use for private school tuition or on a range of other purchases, such as for tutoring services and instructional materials. Proponents of the scholarships have touted them as allowing families to customize students' educations.
The average scholarship in the program for students with disabilities was $9,700 during the past school year, about $2,000 more than the state's largest voucher program for the broader population of students, according to the Senate staff analysis. However, Step Up for Students, an organization that administers the vouchers, said on its website that the average Unique Abilities program scholarship is $9,900.
Senate President Kathleen Passidomo, R-Naples, and Collins noted Monday that people seeking vouchers through the program in the current year would have until Dec. 15 to apply.
Republican sponsors said a $350 million pot of money in this year's state budget is expected to cover the cost of eliminating the waiting list and funding additional vouchers.
Sen. Shevrin Jones, D-Miami Gardens, questioned Collins about how much of that money could be used with the changes.
"How much of the $350 million appropriated for the educational stabilization program [the part of the budget] will be used to modify the Family Empowerment Scholarship program?" Jones asked.
Collins said the amount is not expected to be a "huge portion" of that money.
"Every situation is unique. It's going to be really hard to tell what those final numbers are, but it will be well within those margins," Collins said.
House sponsor Josie Tomkow, R-Polk City, similarly said that the $350 million would be "more than sufficient" to cover the additional vouchers.
As lawmakers address the issue during a special legislative session this week, operators of schools that participate in the program raised another concern Monday.
Some operators have reported receiving late and partial payments from the state, making it difficult to continue providing services.
Collins said that as of Sunday, 96 percent of invoices from schools had been processed "and were being worked on."
Mary Josephine Walsh, founder of the group Florida Coalition for Private Schools, cast doubt on that number. Walsh said she also owns a nonprofit school for children with autism. She called the payment problems a "pressing issue that needs to have light revealed."
"In order to maintain payroll and operations, I have had to take out several high-interest loans. I have maxed out my personal credit cards. I have not been able to pay my home mortgage or the school's mortgage in two months. And I also have not taken a paycheck in the past eight weeks to ensure that my staff gets paid. My situation is not isolated," Walsh told senators.
Ryan Dailey reports for the News Service of Florida.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow Uncertainty in College Athletics Compensation Could Drive Lawsuits in 2025
St. Thomas University Settles With Fired Professor Who Had Alleged Academic Freedom Violations and Discrimination
9 minute readEx-St. Thomas Univ. Law Professor Sues School Over Firing, Alleging Defamation
4 minute readTrending Stories
- 1South Florida Attorney Charged With Aggravated Battery After Incident in Prime Rib Line
- 2'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 3Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 4‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 5State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250