Free School Selection Program

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 the Commonwealth 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)_

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. _(Last updated July 31, 2024)_

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 the Commonwealth of Puerto Rico’s baseline per-pupil funding amount appropriated by the legislature. The 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)_

On August 9, 2019, the Supreme Court of Puerto Rico in _Asociaci_ ó _n de Maestros v. Departamento de Educaci_ ó _n_ ruled that vouchers are constitutional, overturning a lower court decision. The adverse ruling of the lower court relied erroneously on _Asoc. D_ _e 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. _Asociaci_ ó _n de Maestros v. Departamento de Educaci_ ó _n,_ 2018 TSPR 150 (2018), Case Number: CT-2018-6. _(Last Updated December 6, 2023)_