Florida School Choice Under Fire for Leaving Disabled Kids Behind

Following the diagnoses, the school administration recommended placing her daughter in a modified classroom setting. This smaller, more tailored environment maintained the same curriculum while offering specialized support. Fernandez initially felt hesitant about the change but, after thorough research and visiting the proposed classroom, she ultimately agreed. The decision proved transformative. She observed her daughter subsequently "started excelling" and returned to being her "happy girl again," even forming a close friendship. Fernandez concluded, "Education, to me, is not just about academics. It's about the whole child."

Lissette Fernandez herself is a Miami resident, a mother of two elementary-aged children attending public schools. She holds degrees in Liberal Studies and Women's Studies from Florida International University and has explored pursuing a Master's in Public Administration. Beyond her personal advocacy, Fernandez is a licensed clinical social worker with over a decade of experience and works as a global real estate advisor. She is also a co-founder of Moms for Libros, an organization she established alongside public policy consultant and activist Vanessa Brito. Moms for Libros works to inform parents about public education policy, advocate for equitable and high-quality education, and address challenges arising from the 'Parent's Rights' movement, particularly regarding book challenges in schools.

Florida boasts one of the most extensive school choice landscapes in the United States. Approximately 1.7 million students—nearly half of all students in the state—currently attend a school of their choice through various programs. Historically, the state launched the John M. McKay Scholarships for Students with Disabilities Program in 1999, which was the nation's first school voucher program specifically designed for special needs students, enabling parents to use public funds for private school tuition. Another significant initiative, the Gardiner Scholarship Program, has since been integrated into the Family Empowerment Scholarship for Students with Unique Abilities (FES UA). This program provides education savings accounts (ESAs) that can be utilized for a broad spectrum of educational services, including private school tuition and various therapies. As of December 2025, a substantial 140,147 students are participating in the FES UA program, with an average account value reported to be $10,000.

A major shift in Florida's school choice policy came on March 27, 2023, when Governor Ron DeSantis signed House Bill (HB) 1 into law. This legislation dramatically expanded school choice options, making education savings accounts (ESAs) available to all K-12 students, including those with unique abilities, regardless of income. The stated aim of such programs, according to proponents, is to improve educational outcomes, provide more opportunities for disadvantaged students, and stimulate competition that ultimately enhances public schools. Conversely, critics argue that these programs divert crucial funds from traditional public schools, potentially exacerbating educational inequalities, and can channel taxpayer money to religious institutions.

Despite the stated goals, the expansion under HB 1 has reportedly faced considerable implementation challenges. There have been reports of "funding headaches" and instances where students have been "lost in the mix." One such case involved Irene, a single mother in Broward County, whose six-year-old daughter has autism. Irene enrolled her daughter in a private school, seeking a smaller, more intimate setting where her daughter "thrives the best in the setting where it's maximum 10 children." She observed a "night and day" improvement in her daughter's speech and math skills in the new environment.

However, Irene's experience took a difficult turn when the state reportedly froze her Florida Empowerment Scholarship for Unique Abilities voucher due to an enrollment discrepancy. This forced her to pay tuition out of pocket, creating immense financial strain. Irene voiced her profound frustration, stating, "As single parent who's trying to pay a rent that's pretty close to $2,000 a month on top of bills and then her food, she has special dietary needs, it's a lot for any one person to deal with." She added, with palpable disappointment, "I thought that this school choice program was designed to help kids like her just not get overlooked." Preston, who operates a private school catering to students with intellectual disabilities, corroborated these systemic issues, noting that funding problems began to emerge in September 2023, merely months after HB 1 was enacted. He reported that "Parents are scared, they're scared they're going to lose" their funding.

The experiences of mothers like Lissette Fernandez and Irene underscore a critical tension within Florida's ambitious school choice framework. While designed to offer flexibility and tailored education, the reality for some families with disabled children reveals potential gaps in support and a reliance on public schools' legal mandate to investigate and accommodate. As the state continues to expand its school choice options, the ongoing challenge remains ensuring that every child, especially those with unique abilities, receives the necessary resources and attention, rather than being inadvertently left behind in the pursuit of choice.