We need more nuance on how school choice programs jibe — or don’t — with federal civil rights protections for children with special needs.
In a guest column for The 74, Ana Garcia, a veteran Florida public-school teacher and mother of a child with special needs, offers a valuable perspective.
Recent articles in The New York Times and Education Week highlighted the trade-offs parents face when they pull special needs children out of public schools and enroll them in private schools with the help of vouchers or scholarship programs. They found some states don’t do enough to inform parents that when they accept a voucher, they often waive their rights under the Individuals with Disabilities Education Act.
Garcia writes that vouchers are no panacea when it comes to improving educational opportunities for children with special needs. But in her experience, the federal law hasn’t been, either.
IDEA requires public schools to customize the educational needs of special needs students through Individualized Education Plans (IEPs). But sometimes, even with the best intentions, IDEA and IEPs still fall short. In those situations, vouchers and education savings accounts give parents other paths to customization and success for their children.
As a 15-year veteran of public schools, I saw students with special needs in my classrooms every year. IEPs often dictated that a resource aide attend class with the child. Yet in 15 years, I never saw a single aide in my class. I’m certain the school district received the additional federal funds for the child, but for some reason, the money never trickled down to my classroom.
When IEPs aren’t followed, parents are forced to fight. This can result in constant arbitration meetings with school and district officials. Many times, school leaders figure out ways to make accommodations and rectify problems, but sometimes parents discover that nothing will be resolved. In these instances, no one leaves happy.
For decades, parents facing that outcome could either accept defeat or find a lawyer. But now, in states like Florida, they increasingly have options available through educational choice.
Garcia’s son uses a Gardiner scholarship. The program provides education savings accounts for children with special needs. Step Up For Students, which publishes this blog, helps administer the program.
