Dive Brief:
- As private school choice programs expanded over the last 10 years, they enrolled proportionately fewer students with disabilities and students from low-income families, "exacerbating disparities based on income and race as well as disability status and geography," according to a report released Monday by the Council of Parent Attorneys and Advocates.
- In eight states with private school choice programs that specifically serve students with disabilities, just 2% of eligible students participate on average. But Florida — the ninth state with such a program — sees much higher participation, at 29%.
- As private school choice proliferates in the U.S., the report said, it could "undermine" the gains that students with disabilities have made in public schools over the past 50 years, including the right to be educated in general education classrooms along with their peers without disabilities.
Dive Insight:
Nine states offered 12 different private school choice programs specifically for students with disabilities in the 2024-25 school year. Those programs served 135,025 participants, said the report, which was released at the start of National School Choice Week.
Many of these students' families were not informed that if they transfer from a public school to a private school, they are no longer guaranteed the legal rights and services available under the Individuals with Disabilities Education Act, according to the report.
Some evidence shows that students with disabilities in many school choice programs may have less access to general education settings and are attending more specialized, segregated schools designed to accommodate special education needs, the COPAA report said.
In public schools, about 2 in 3 students with disabilities spend at least 80% of the school day in the general education classroom. The report said research shows both students with disabilities and without benefit when the groups are educated together.
COPAA CEO Denise Marshall said in a Thursday statement that while the organization acknowledges there are families who benefit from and support private school choice, COPAA remains opposed to private school choice programs that don't support the education and civil rights of students with disabilities. COPAA also opposes the new federal private school choice program that will launch in 2027.
Chris Roe, COPAA’s director of state policy and author of the report, said in the statement that as private school choice options increase, including those open to universal participation, "COPAA is concerned that students with disabilities, who have historically experienced barriers to participating in these programs, will be even less likely to be able to access the benefits of these programs in the future.”
As private school choice continues to expand, COPAA recommends state leaders, private school leaders and parents pay close attention to ensuring that the rights of students with disabilities and their families are maintained, and that there is transparency regarding private school choice participation, outcomes, and fiscal oversight and responsibility.
The report offers these further recommendations:
- State leaders should safeguard student's legal rights under IDEA, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and all civil rights laws. States should also clearly inform parents about any rights that may be lost if they choose to participate in a private choice program.
- Participating private school leaders should provide a welcoming environment for students with disabilities and ensure their schools are prepared to meet these students’ needs. These leaders should also share information with parents and the public on student outcomes, including those for students with disabilities.
- Parents should research participating private schools before enrolling, including by touring the schools. They should understand these factors about the schools they're considering: outcomes for special education students, available services, student code of conduct and discipline policies, and retention rates for students and teachers.
