The Downside of Vouchers

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act. At The New York Times, Dana Goldstein reports on special education vouchers:

McKay [program in Florida] is the largest of 10 such disability scholarship programs across the country. It serves over 30,000 children who have special needs. At the Senate confirmation hearing for Betsy DeVos, President Trump’s education secretary, she cited research from the conservative Manhattan Institute, saying that “93 percent of the parents utilizing that voucher are very, very pleased with it.”

Legal experts say parents who use the vouchers are largely unaware that by participating in programs like McKay, they are waiving most of their children’s rights under IDEA, the landmark 1975 federal civil rights law. Depending on the voucher program, the rights being waived can include the right to a free education; the right to the same level of special-education services that a child would be eligible for in a public school; the right to a state-certified or college-educated teacher; and the right to a hearing to dispute disciplinary action against a child.

It’s not just Florida. Private school choice programs in Arizona, Colorado, Georgia, Oklahoma, Mississippi, Tennessee and Wisconsin also require parents to waive all or most IDEA rights. In several other states, the law is silent on the disability rights of voucher students.

... 

The state affidavit that parents sign in order to receive a McKay scholarship, for example, says nothing about forfeiting IDEA rights and services. It also does not explain that parents are responsible for any additional fees a private school may charge on top of a voucher, which can range from $5,000 to $23,000. The Florida Department of Education website provides other materials with more detail on the legal implications of participating in McKay, but the documents are difficult to find and decipher. District-level documents are often similarly opaque.

Choice Programs

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act.

At Education Week, Christina Samuels writes:

Federal red tape, however, has not stopped individual states from offering their own choice programs, including vouchers and educational savings accounts. Twelve of 26 voucher programs nationwide are aimed specifically at students with disabilities, as are 3 of 5 educational savings account programs, 2 of 21 tax-credit scholarship programs, and 1 of 9 individual tax credits or deductions. (Also, nothing prevents a student with an individualized education program from taking advantage of any other choice program out there.)

She follows with a list.

IDEA Questions for DeVos

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act:

A letter to the chair and ranking member of the Senate HELP committee from Consortium for Citizens with Disabilities (CCD) 

The undersigned members of the Consortium for Citizens with Disabilities (CCD) write in response to the hearing of Betsy DeVos for the U.S. Secretary of Education. Given the lack of clarity that came from her nomination hearing, we request that she provide specific answers to numerous questions regarding her views on policies that impact students with disabilities before her nomination is voted on in committee. 

CCD advocates for federal public policy that ensures the self-determination, independence, empowerment, integration, and inclusion of children and adults with disabilities in all aspects of society. We see these principles as critical elements in a society that recognizes and respects the dignity and worth of all its members. 

On January 9, 2017, in anticipation of the nomination hearing for Betsy DeVos, the CCD Education Task Force submitted a letter to members of the Health Education Labor and Pensions (HELP) Committee urging members to ask questions that would help to clarify Mrs. DeVos’ vision for the Department’s role in supporting students with disabilities and promoting their access and inclusion in the education system. Unfortunately, at the hearing, Mrs. DeVos’ answers to many questions did not provide the needed clarity, and in fact, raised serious concerns from the undersigned organizations regarding her vision and commitment to upholding and implementing, with fidelity, the laws under which students with disabilities are educated including the Individuals with Disabilities Education Act and the Every Student Succeeds Act. Our concerns arise from, but are not limited to, answers such as the following:

• When asked on whether all schools that receive federal funding should meet equal accountability standards, Mrs. DeVos answered, “well no”.
• When questioned about IDEA full funding, Mrs. DeVos responded, “and maybe the money should follow the individual student instead of going to the states”. 
• When asked whether students would be able to keep their IDEA rights under a private school voucher system, Mrs. DeVos refused to answer the question. 
• When asked whether all schools that receive taxpayer funding should meet the requirements of IDEA, Mrs. DeVos responded, “I think that is a matter best left up to the states.” 
• When asked whether all schools should be required to report the same information on instances of discipline, harassment or bullying Mrs. DeVos responded, “I think that federal funding certainly comes with strings attached” rather than committing to this policy position. 

The undersigned organizations respectfully request that Mrs. DeVos provide answers to
the questions listed below prior to a vote on her nomination in committee. We believe
that answers to these questions are critical to assessing Mrs. DeVos’ commitment to
educating all students, including the 6.5 million students served under IDEA. 

• Do you support that it is the role of the U.S. Department of Education to enforce the Individuals with Disabilities Education Act (IDEA)?
• Should states and schools that receive federal funds though IDEA be required to meet all of the requirements laid out in the federal statute?
• Should the federal government incentivize states to provide students with disabilities and their families’ private school vouchers without the protections of the IDEA?
• Should IDEA funds follow the student?
• Should all schools that receive tax payer funding be held accountable as required in the Every Student Succeeds Act (ESSA) and its implementing regulations?
• Should all schools that receive federal funds be held accountable for students with disabilities as required by ESSA and its implementing regulations?
• Do you support that students with disabilities who attend private schools should retain due process rights as defined by IDEA?
• Are the McKay Scholarships, which require the signing away of IDEA rights, a model with which you agree?
• How do you expect that parents will make up the difference between the money that a private school voucher provides and the cost of educating a student with complex disabilities in a private school setting? Are you aware of the average cost for educating a student with a significant disability?
• Should students with disabilities have the option to attend general education schools and receive necessary special education services? If so, then how would you ensure that funding is available for this arrangement in a private school voucher system?
• Do you support the presumption under IDEA that students with disabilities should be educated in general education classes. If yes, how would you ensure the LRE provisions of IDEA are properly implemented in a private school voucher system, charter schools and traditional public schools?

A committee vote on Betsy DeVos for U.S. Secretary of Education should be delayed until Mrs. DeVos has fully answered the above questions, and allows Committee members the opportunity to fully understand how she plans to ensure that students with disabilities receive a quality education with their peers as required by federal statute. Thank you for considering our views. If you have any questions, please contact Kim Musheno, CCD Chair, at 301-588-8252/222 or kmusheno@aucd.org

DeVos on IDEA

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act:

During her confirmation hearing for Secretary of Education, Betsy DeVos faced questions from Senator Tim Kaine (D-VA):

Kaine: Should all K-12 school receiving governmental funding be required to meet the requirements of the Individuals with Disabilities Education Act?
DeVos: I think they already are.
Kaine: I’m asking you a “should” question. Whether they are or not, we’ll get into that later. Should all schools that receive taxpayer funding be required to meet the requirements of the Individuals with Disabilities Education Act?
DeVos: I think that’s a matter that’s best left to the states.
Kaine: So some states might be good to kids with disabilities and other states might not be so good, and then what? People can just move around the country if they don’t like how their kids are being treated?
DeVos: I think that’s an issue best left to the states.
Kaine: What about the federal requirement. It’s a federal law, the Individuals with Disabilities Education Act. Let’s limit it to federal funding. If schools receive federal funding should they be required to follow a federal law whether they are public, public charter or private?
DeVos: As the Senator referred to –
Kaine: Just yes or no, I’ve only got one more question
DeVos: There’s a Florida program. There are many parents that are very happy with the program there.
Kaine: Let me state this: I think all schools that receive federal funding, public, public charter or private should be required to meet the conditions of the Individuals with Disabilities Education Act. Do you agree with me or not?
DeVos: I think that is certainly worth discussion and I would look forward to.
Kaine: So you cannot agree with me.

Politico follows up:

The exchange prompted gasps from some watching the confirmation. Sen. Maggie Hassan then followed up, noting that IDEA is federal law and “federal law must be followed where federal dollars are in play.”

“Were you unaware that it is federal law?” Hassan asked.

“I may have confused it,” DeVos said.

“I'm concerned that you seem so unfamiliar with it,” Hassan said, adding that some private school voucher programs supported by DeVos aren’t honoring students’ rights under IDEA.

DeVos said that if confirmed, she’ll be sensitive to the needs of students under the law.

“It is not about sensitivity,” Hassan said. “It is ensuring that every child has equal access to a high-quality education. The reality is the vouchers that you support do not always come out that way. That is why it is something we need to continue to explore.”

School Choice in Wisconsin and the Nation

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act.

At The Milwaukee Journal-Sentinel, Alan J. Borsuk notes that Betsy DeVos is in line to be Education Secretary and says that  Wisconsin offers parallels to what is happening nationally.

Just as the once-every-two-years state budget gets rolling, Republicans have gained a more dominant hand in the Legislature. Gov. Scott Walker is a strong choice backer. And the makeup of the state Supreme Court makes legal challenges to anything the Republicans do difficult.

We already have hefty private school voucher programs in Milwaukee and Racine and a growing voucher scene in the rest of the state, plus a new special-education voucher program, and a convoluted but fairly lively charter school scene, particularly in Milwaukee. What more could be done?

It’s a time when school choice insiders are pulling out their wish lists and brain storming. The special ed vouchers and the statewide voucher program could be given bigger pushes. Maybe something could happen to increase the number of charter schools statewide, but charters always seem to play back-up to private schools in state politics.

Ideas such as “education savings accounts,” discussed in this column recently, are increasingly likely to emerge. Such accounts could offer parents more flexible ways to select education programs for their children, potentially including several providers. No one so far has gotten specific about what this could mean, but there’s serious interest.

If Washington unleashes a lot of money for school choice, that might bring some new federal aid to Wisconsin to support ideas like these.

Public school leaders and advocates nationwide are generally appalled by the DeVos pick and what it portends.

They have several reasons to be concerned in Wisconsin. Here are two:

What will any increase in school choice options and funding mean for state aid to public schools?

And will the Trump administration put together that $20 billion school choice fund by cutting other federal education programs, as some suggest? Reducing major areas of federal spending (particularly the Title 1 program for low-income students and federal special education aid), could mean less money for public schools, especially those serving large numbers of poor or disabled children.

Education Savings Accounts

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act.

At The Weekly Standard, Alexandra Hudson writes about Education Savings Accounts (ESAs):

In 2011, Arizona became the first state to adopt an ESA program. ESAs are government-funded accounts that allow families to spend money on their child's education wherever and however they choose. In a report I recently co-authored for the Wisconsin Institute for Law & Liberty, we survey ESA programs that currently exist in five states—each of which include autistic students among those eligible for ESA funds. In addition to unbundling educational services, Arizona's ESA program—and other programs like it—allows unused funds to roll over and be spent on future educational expenses, including college. With these features, ESAs have the potential to improve the safety and treatment that autistic children require for long term success.

Autistic children are three times more likely to be bullied in school and 28 times more likely to commit suicide than their non-autistic peers. This makes programs like ESAs in Arizona—which have helped many students like Kelden get the individualized attention they need—incredibly important. Parents know better than anyone else whether a public school environment is beneficial to their child. Giving parents the ability and and financial flexibility to choose other options if necessary may significantly increase the safety and wellbeing of autistic students.

Vouchers and Choice

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act.

The Council for Parent Attorneys and Advocates has a report titled  School Vouchers and Students with Disabilities: Impact in the Name of Choice.  Key findings:

• Parents often choose a voucher regardless of the availability of civil rights protections due to the urgency of their child needing to change schools. 
• Parents like knowing they can explore their options when vouchers are available, even if they end up keeping their child in the neighborhood public school. 
• Little data exists with regard to families choosing vouchers that limit or terminate IDEA rights once those families leave the traditional public school. 
• Voucher funding is rarely sufficient and generally does not cover the full cost of the child’s education, meaning that only parents with adequate finances have a choice. 
• Some schools accept children with a disability (and the voucher funds) and then expel them for behavior or other reasons forcing the children back into a poor or inappropriate school situation. 
• Special‐education specific voucher programs typically fail to include all students with disabilities and it is rare for programs to accept students who are twice exceptional.
• Too little data exists to compare the academic outcomes of students with disabilities [and other students] participating in voucher programs to public school students.

From the report:

Some states that offer special education vouchers distinguish the voucher amounts depending on the disability of the student. Ohio’s Jon Peterson Special Needs Scholarship Program provides students with disabilities with a range of maximum scholarships based on the student’s disability.Ohio also has an Autism Scholarship Program, providing public funding for students with autism to attend their non‐district school. All students with disabilities are otherwise eligible for the Jon Peterson Scholarship, with the amount depending on their disability category.Voucher amounts are determined through a complex funding formula that considers the average cost to educate a “typical student in a typical classroom” plus the estimated additional costs of providing special education and related services based on the child’s disability. This past year, Louisiana implemented a “School Choice Program for Certain Students with Exceptionalities.”This program provides vouchers for students with the following disabilities: autism, developmental delay, mental disability, other health impairment, specific learning disability, traumatic brain injury

..

“Actually, some districts won’t identify students as having autism or as being IDEA eligible so that parents can’t access {the scholarship} since much of the money comes out of the district’s budget.”

Bryce's Law in Missouri

After eight years, a Missouri state legislator has secured passage of his autism legislation.  Missourinet reports:

Representative Dwight Scharnhorst (R-St. Louis) named Bryce’s Law for his grandson, who died in 2007 of complications related to autism and epilepsy. It would create a grant program that parents of children with an autism spectrum disorder, Down syndrome, Angelman syndrome or cerebral palsy could apply for to help cover the cost of specialized educations that meet their unique needs.

“It’s somewhat of a mandate to the Department of Elementary and Secondary Education to seek and secure federal and state, and I will be seeking on my own private foundation money, to form a pool of money for parents who decide they want to move these children out of a public school and put them in the institutions that could probably best suit improving their quality of life as well as their family.”

The bill had met resistance in earlier versions because it would have created a tax credit program for those parents, which opponents had likened to school vouchers. Scharnhorst says converting it to a grant program removed any impact it would have on state funding for public schools. He says prior to this year, the proposal had not received a positive vote in a legislative chamber.

Two years ago, Scharnhorst spoke about Bryce and an earlier version of his bill:

Indiana Voucher Program

The Indianapolis Star reports on Indiana's voucher program and its effect on one Chakotay Parks, who attends the Independence Academy of Indiana, a small private school that specializes in educating HFA students.

Indiana's voucher program allows parents to receive thousands of dollars that can be applied toward tuition at private schools that participate in the program. The amount of aid is based on the per-pupil funding the state sets for a student who otherwise would attend public school in his or her local district, so it doesn't necessarily cover all of the private school tuition.
...

The Parks family started looking for a new school two years ago for Chakotay, who is somewhere in the middle of the autism spectrum. Socially, he's about two years behind but is learning well.

Three to four months into the search, they found Independence Academy.
"It was number one on our Christmas list," said Parks, whose wife had cancer and died in January.

Parks said he and his wife always figured a special needs school would join the program at some point, and it was his wife who pestered state officials, looking for information.

She called, emailed and showed up at the Statehouse so often that Indiana Department of Education workers remembered to reach out to her family once a special education school applied for the program.

Lisa Roesler, director of Independence Academy, understands the benefit to families such as the Parkses of her school and other so-called niche schools accepting vouchers.

"Different environments work for different students," she said, "and the voucher program provides more possibilities to find a program that more specifically meets your child's needs, whatever those are."

Voucher Bill in Georgia

AP reports:

Special needs children in Georgia may soon be able to forgo the required year of enrollment in a public school before they can receive a voucher that uses taxpayer dollars to pay for private school.

... 

Georgia's voucher program began in 2007 and has more than 2,500 students enrolled. That's up from 1,600 students in 2009.

The law defines special needs as students with an individualized education program written by the school district. That can include children who are autistic, deaf, blind, disabled and emotionally disturbed. It also can apply to a student with a learning disability or speech impairment.

Under the legislation, the state Board of Education would be responsible for deciding whether a child's medical condition warrants waiving the one-year public school enrollment requirement. The board would also be able to force the local school district to speed up the process of writing an IEP for the child, which can take months depending on the student's disability and often involves numerous meetings with parents and experts to work out the best strategy for teaching the student.

...

National experts say 11 states, Washington, D.C., and Milwaukee, Wis., offer voucher programs for low-income or special-needs students. No state has a universal voucher program for all students.

Georgia lawmakers have until Thursday to approve all remaining legislation before the session ends, including the voucher bill. It passed both the House and Senate, but senators amended the measure slightly, which means it must be approved by the House again before it goes to the governor's desk.

Special Education Vouchers

Previous posts have dealt with vouchers, scholarships, and choice programs for students with autism and other disabilities. Nirvi Shah writes at Education Week:

Meet voucher supporters' new fellow strategists: students with disabilities.

Creating private school vouchers for special education students—programs that are largely unchallenged in court, unlike other publicly financed tuition vouchers—can be the perfect way to clear a path for other students to get school options, according to school choice proponents.

With this approach, "there is more success legislatively," said Malcolm Glenn, a spokesman for the Washington-based American Federation for Children. The group advocates school choice, focusing its efforts on tuition vouchers and scholarship tax-credit programs.

"Our opposition is more worried about appearing that they're standing in the way of special-needs kids' getting a good education," Mr. Glenn said. "We don't really care [about] the reason they don't oppose the legislation. If we can benefit from that reticence, ... we're OK with that."

At least seven states—Arizona, Florida, Georgia, Louisiana, Ohio, Oklahoma, and Utah—have voucher programs for students with disabilities, and some of those have multiple programs. At least another 10 state legislatures are considering new voucher offerings targeted at special education this legislative session.

In addition, Georgia lawmakers have proposed a change to their program this session that would make it simpler for students who want a voucher to qualify for one by waiving a requirement that a student has attended a Georgia public school in the prior year.

In an article published in November in the public-policy journal National Affairs, Marcus A. Winters, a senior fellow at the conservative, pro-school-choice Manhattan Institute, based in New York City, said it would be a poor decision to dismiss the strategy of using special education vouchers as a driver for the movement as a whole.

"But one of the fastest-growing types of school choice program does not fit the typical voucher mold," Mr. Winters wrote in the article. "It is certainly a mistake, however, to overlook one of the most promising avenues for advancing school choice: voucher programs serving students with disabilities."

OK Schools Ignoring Scholarship Program

Earlier posts dealt with an Oklahoma law providing scholarships for special-needs kids. But not all schools are abiding by it, as KTUL reports:

Blake Robison has Asperger's Syndrome. He's comfortable here, after a nightmarish experience in a public school.

"He was never called by his name but by a nickname that they gave him called 'Bleak," she said "And he would answer, because no one would ever call him his name,".

Blake says he was bullied, by fellow students and even a substitute teacher. At Town and Country, he's made improvements.

"I was failing almost every class. I come here and I ask for help, because I'm not afraid to ask for help and I am making better grades here," said Blake.

His parents thought they'd be reimbursed tuition fees, thanks to a new state law.

"Now it's a little scary because we get to fill in the extra amount we thought the scholarship was going to take care of, and pay for the services that we are getting," explained Blake's mom.

Town and Country is a school specifically for students diagnosed with learning disabilities and Aspergers.

"We can do things in different way that sometimes another traditional environment, whether its a public school or private school. As hard as they try to help this child be successful, they just haven't been able to figure out the best way, " said Kate Davis, schools spokesperson.

They had nearly 20-students enroll, believing the scholarship money would be there. Now, public schools are holding the money back--in protest, citing constitutional rights and education standards.

But no matter what happens. Blake is staying here.

" I joke around and tell my husband and family, that we want Blake here so badly, we would live in a cardboard box, on the side of the highway, because he is happy," exclaimed his mother.

On Monday, however, Tulsa changed course -- a bit.