Puerto Rico
Free School Selection Program
- Voucher
- Enacted 2018
- Launched 2019
Students living in Puerto Rico who have been enrolled in public or charter schools for at least two consecutive years qualify for school vouchers that may be used at private and public schools. Gifted students may also use vouchers to supplement their learning at institutions of higher education.
We do not administer this program.
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878
Participating Students (Spring 2021)
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65
Participating Schools (2019–2020)
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62%
of Students Eligible Territory-Wide
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$2,275
Average Voucher Value (2020–2021 projected)
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37%
Average Voucher Value as a Percentage of Territory’s Public School Per-Student Spending
Participation in the Puerto Rico Free School Selection Program
Student Funding
Use of Funds
For public and private school students using a voucher to attend a public school, qualifying expenses include a student’s instructional needs such as technological equipment, instructional materials, educational materials, uniforms, and professional services for remedial and/or specialized instruction. For public school students (including both special needs students and non-special needs students) using a voucher to attend a private school, qualifying expenses include tuition and monthly fees. The receiving school may use any remaining surplus to cover the cost of other instructional needs. For talented students taking college courses creditable to both high school and college programs, qualifying expenses include the cost to cover a course each semester, with the voucher being divided equally each semester. The receiving school may use any remaining surplus to cover the cost of other instructional needs.
Funding Amount and Source
The program is funded through the Puerto Rico Department of Education’s general expenses budget. The maximum amount for private school vouchers is set at 80% of Puerto Rico’s baseline per-pupil funding amount appropriated by the legislature. Puerto Rico Department of Education can set specific funding amounts depending on a student’s status. No more than 2% of the program’s funding may be used for administrative purposes. Any qualifying Puerto Rico K–12 student that wishes to participate may receive funding.
(Last updated July 31, 2024)
Student Eligibility
Students in grades 2–12 who have been enrolled in a public district or charter school for at least two years and are enrolled in a public or private school the semester immediately before applying are eligible for vouchers. The Department of Education prioritizes vouchers for students from low-income families (defined as qualifying for the Federal Free and Reduced-Price Lunch program, or earning $57,720 for a family of four in 2024–2025), students with severe disabilities, gifted students, students who have been adopted or are in shelters or foster homes, victims of bullying or sexual harassment, and any other, using the student’s grade point average in ascending order giving priority to students with poor academic performance. When determining students to accept, the Department of Education uses a lottery weighted by these priorities. The placement of public school special needs students using a voucher to attend a private school will be through Equal Participation Services. Talented students taking college courses creditable to both high school and college programs must present a letter signed by the teacher or school director certifying the student’s talent. The program’s total enrollment was capped at 3% of Puerto Rico’s total student population in 2022–2023, which is about 7,800 students. The Secretary of Education has the discretion to lower the rate prior to a given school year, though, taking into consideration the availability of funds.
(Last updated July 31, 2024)
EdChoice Expert Feedback
Puerto Rico’s Free School Selection voucher program helps hundreds 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 in grades 2-12 who have attended a public school for at least two years. More than six in 10 Puerto Rico students are eligible for a scholarship. However, the total number of scholarships available is capped at three percent of the island’s total K-12 student population. The average scholarship size is about $2,300, which is only about 37 percent of the average expenditure per student at Puerto Rico’s public schools. To expand access to educational choice, Puerto Rico policymakers should dramatically increase the available vouchers and expand eligibility to all students (prioritizing scholarships based on need). They should also eliminate the requirement that students first attend a district or charter school to be eligible, or at least reduce the two-year minimum to one year. Students should not have to spend longer than necessary in an environment that does not meet their needs before gaining access to a voucher to attend a school that is a better fit. 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. (Last updated December 18, 2023)Rules and Regulations
Program Guidelines
- Income Limit: None
- Prior Year Public School Requirement: Conditional
- Enrollment Cap: 3% of Student Population
- Voucher Cap: 80% of per–pupil funding
- Testing Mandates: None
- Budget Cap: None
- Special Needs Pathway: Priority
Participant and Family Guidelines
- Click Here for the Program Administrator’s Parent Handbook
- Education Requirements: Required check-ins with school
- Parent Supplemented Funds/Scholarships: Allowed
- Miscellaneous: N/A
Education Provider Guidelines
- Accreditation/Approval: Be accredited by an approved accreditor (international, national, territory, or regional)
- Employment Standards: Maintain a committee with a social worker to combat bullying and sexual harassment
- Calendar/Curriculum/Attendance: Submit invoices each semester that include a copy of the academic progress and attendance reports of each student participating in the program
- Financial: CPA Audit
- Nondiscrimination: Comply with territory and federal non-discrimination laws
- Miscellaneous:
- Offer participating students the standardized tests that are ordinarily administered to other students at the institution, provided that the tests are administered by an external entity
- Schools and others committing fraud with vouchers are subject to fines and sentencing
- Comply with health and safety codes
(Last updated October 10, 2024)
Legal History
On August 9, 2019, the Supreme Court of Puerto Rico in Asociación de Maestros v. Departamento de Educación ruled that vouchers are constitutional, overturning a lower court decision. The adverse ruling of the lower court relied erroneously on Asoc. De Maestros v. Sec. De Educación, 137 D.P.R. 528 (1994), a 25-year-old ruling that vouchers were unconstitutional. The Puerto Rico Supreme Court’s 2019 ruling was brief, simply reversing the lower court ruling and dismissing the complaint brought by the American Federation of Teachers (AFT) teachers’ union—the national and local Puerto Rico chapter—against Puerto Rico’s Department of Education. The Justices explained their positions in four concurring opinions and two dissenting opinions. On August 22, the AFT filed a Motion to Reconsider, asking the Puerto Rico Supreme Court to reconsider its ruling; the motion was denied. Asociación de Maestros v. Departamento de Educación, 2018 TSPR 150 (2018), Case Number: CT-2018-6.
(Last Updated December 6, 2023)