Special Education School Vouchers: A Look at Southern States

8/20/2019 Special Education School Vouchers: A Look at Southern States

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THE SOUTHERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

P.O. Box 98129 | Atlanta, Georgia 30359ph: 404/633-1866 | fx: 404/633-4896 | www.slcatlanta.org SERVING THE SOUTH

SPECIAL EDUC ATIONSCHOOL VOUCHERS:A LOOK AT SOUTHERN STATES

A REGIONAL RESOURCE FROM THE SLC

Photo courtesy of

EasyStand via flickr

Creative Commons

License by Mikko Lindberg, Policy Analyst

S O U T H E R N

L E G I S L AT I V E

C O N F E R E N C E

O F

T H E C O U N C I L

OF STATE

G O V E R N M E N T S

© Copyright February 2016

state-funded school voucher programs, focusing on theirmany forms and variations, and addresses school voucher

programs that provide direct payments or reimbursementsto private alternative schools or parents and legal guard-ians, respectively. While several strategies beyond schoolvoucher programs, such as tax credits and educational

savings accounts, have been implemented as additional

strategies to increase school choice, these programs are

not included within this Regional Resource.

Individualized Education Programs

The federal Individuals with Disabilities Education Act (IDEA),a 1990 reauthorization o the Education for All Handicapped

Children Act of 1975 , requires all public schools to craft anIndividualized Education Program (IEP) for any child witha learning disability.

The Act identiies the following conditions as a disabilityrequiring special education and related services:

» Mental retardation; » Hearing impairment (including deafness);

» Speech or language impairment; » Visual impairments (including blindness); » Serious emotional disturbance; » Orthopedic impairments; » Autism;

Introduction

School choice* continues to generate debate in

state legislatures, even as several states move to-

ward offering their students options beyond the

K-12 public school setting. However, given the

particular circumstances o children with spe-

cial needs, less debate and controversy has surrounded the

implementation o school choice programs for students in

special education classrooms. Since state governments havea constitutional obligation to provide an education to allchildren, creating more educational options for children

with special needs has the most potential for providing

them the best education possible. Meanwhile, consideringthat the average annual cost o a special education student

is $9,369 above the norm,1 the provision o legally required

additional services for special needs students can prove

costly for public schools with a small student population,where economies o scale are not feasible. Allowing and

supplying additional school options for special educationstudents, in these cases, may provide savings for schools

unable to provide cost-effective specialized services for thelimited number o students requiring them.

This SLC Regional Resource examines the strategies taken by Southern states to increase school options for spe-

cial education students through the implementation o* “School choice” refers to an array o programs designed to createoptions beyond the K-12 public school setting.


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2 SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES

» Traumatic brain injury; » Other health impairment; and » Speciic learning disability.

The purpose o an IEP is to ensure that every child

with special needs receives a “free appropriate public

education”* that ultimately provides them with “equali-

ty o opportunity, full [civic] participation, independentliving, and economic self-suficiency.”2 Notably, IEPs are

individualized, meaning that every IEP is a unique doc-ument, tailored for the speciic circumstances o eachstudent. However, each IEP is required to have sever-

al common, but individualized, components, including:

» Current performance: information about how thechild is performing in his or her classes; » Annual goals: measurable objectives o learning and

advancement for each school year; » Special education and related services: a list o thespecial education and related services that will be pro-vided to the child or on behal o the child; » Participation with nondisabled children: notes to

what extent the child will not participate in regularclassroom and other school activities; » Participation in state- and district-wide tests: a

determination o what standardized testing is appro-

priate for the child, and what special accommodations

will be required. I the child is exempted from testing,an alternative measure must be identiied; » Dates and places: a statement identifying the begin-

ning, frequency, location, and completion date for thespecial education services provided; » Transition service needs: a requirement for students

at age 14, identifying courses needed to realize post-school goals; » Needed transition services: required for students atage 16, identifying what transition services are needed

to assist the child to succeed upon leaving school; and » Progress measurements: an outline o how the stu-dent’s progress will be measured and what information

will be reported to the parents or legal guardians. 3

* “Free appropriate public education” refers to the educationalright o children with disabilities in the United States guaran-teed by the Rehabilitation Act of 1973 and IDEA.

In essence, IDEA and its requirements for IEPs pro-

vide basic rights and protections to children with

special needs attending public schools within the Unit-

ed States. Each IEP and any modiications made to a

student’s learning plan requires approval by parents or

legal guardians. Further, i parents or legal guardians

wish to challenge any decisions about their child’s el-

igibility, evaluation, placement, and the services thatthe school provides, they may negotiate directly with

the school or request remediation up to due process.

It is important to note that federal regulations created

through IDEA apply only to public schools, and not

private institutions. That is to say, once a child leaves

the public school system, the protections provided

by IDEA no longer apply. Given these circumstanc-

es, states considering the implementation or revision

o a state-funded private school voucher system for

special education students should consider how the

protections granted by IDEA transfer to schools o

choice, and i private schools will be able to provide,

and do provide, the appropriate services needed by

special education students.

504 Accommodation Plans

A 504 Accommodation Plan is named after Section 504o the Rehabilitation Act of 1973 , prohibiting discrimina-

tion against qualifying individuals with disabilities in

federal agencies and programs, activities that receive

federal inancial assistance, or activities conducted bya federal agency. Section 504 deines a disability more

generally as “a physical or mental impairment that sub-stantially limits a person’s ability to participate in a

major life activity.”4 As such, a student with a less se-vere learning disability that does not qualify for an

IEP but still impedes the student’s ability to learn in ageneral education classroom – e.g., an attention deicithyperactivity disorder – may qualify for a 504 Accom-modation Plan. The federal requirements for a student

504 Accommodation Plan also are less stringent, withPlans generally conined to a list o any special ac-

commodations that will be provided to the student,

identiication o any and all service providers, and theidentiication o an administrator who provides over-sight and ensures the Plan is properly followed. 5


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SPECIAL EDUCATION SCHOOL VOUCHERS: A LOOK AT SOUTHERN STATES 3

State-Funded School Voucher

Programs for Special Education

Students in the SLC Member StatesSchool voucher programs for special education students

have been present in the SLC member states since 1999,

when Florida became the irst state in the nation to en-

act a program. To date, seven o 15 SLC member stateshave implemented a similar program, demonstrating a

discernible trend toward increasing school choice op-

tions for special needs student populations.

Arkansas

On April 8, 2015, Governor Asa Hutchinson signed

House Bill 1552, establishing the Succeed Scholarship

Program for students with disabilities. The legislationallows public school students with an IEP to apply fora state-funded scholarship* to pay for private school tu-

ition.6 To qualify, a student must have attended a publicschool for one year or be a dependent o an active-du-ty military member, and must have been accepted into

a private school o choice.7

The Succeed Scholarship will be implemented dur-

ing the 2016-17 school year, and will operate as a pilotprogram in its irst year, with a cap o approximately

100 students.8 Individual scholarships will be funded

at the lesser o either the state’s foundation funding†

amount for the current school year – $6,646 for iscalyear 2017 – or the tuition and fees o a selected private

school. The parents or legal guardians o special needsstudents are responsible for paying the difference be-

tween the scholarship and private school tuition and

fees. The payments will be disbursed to participating

schools on a monthly basis.9

* Due to the different nomenclature used by individual states,

this report uses the words, “scholarship,” “grant” and “voucher”interchangeably to refer to private school vouchers.† Arkansas’s Public School Funding Act of 2003 deines foundationfunding as “an amount o money speciied by the General As-sembly for each school year to be expended by school districts

for the provision o an adequate education for each student.” Thefoundation amount comprises two parts – the local contribu-

tion and the state equalization amount. Citizens pay an amount based on their property assessment each year, which is used tocreate the per-pupil local contribution. The state then subtractsthe per-pupil local contribution from the foundation amount

and pays the remaining amount to the districts.

Private schools that wish to qualify as a school vouch-

er option must:

» Meet the accreditation requirements set by the stateBoard o Education, Arkansas Nonpublic School Ac-crediting Association or its successor, or another

accrediting association recognized by the State Board

o Education as providing services to severely dis-abled individuals;

» Demonstrate iscal soundness by having been in op-eration for one school year; providing a statement

by a certiied public accountant conirming that theprivate school is insured and has suficient capital

or credit to operate in the upcoming school year; orsubmitting a surety bond or letter or credit for the

amount equal to the scholarship funds; » Comply with federal antidiscrimination provisions; » Meet state and local health and safety requirements; » Be academically accountable to parents or legal guard-ians for meeting the educational needs o the student;

» Employ or contract with teachers who hold baccalau-reate degrees or higher;

» Comply with all state laws and regulations govern-ing private schools;

» Adhere to the tenets o published disciplinary pro-cedures before an expulsion o a student receiving ascholarship; and

» Submit all other appropriate documentation withinthe state-speciied deadlines.10

Qualifying private schools also must measure studentperformance annually with a nationally recognized

norm-referenced test determined by the state Board

o Education, unless a student IEP provides an exemp-tion from such testing. I the student is exempted, theschool must prepare a student progress portfolio for re-

view by parents or legal guardians on an annual basis.11

Florida

Florida’s John M. McKay Scholarships for Students

with Disabilities Program is the irst school vouch-

er program in the United States speciically directedat special education students. Created in 1999, and ex-panded in 2000, the program has provided more than

270,000 scholarships since its inception.12 To be eligi-

ble for the scholarship, students must have an IEP or

504 Accommodation Plan and have attended a Florida


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PreK-12 public school or the Florida School for the Deaand Blind* during the previous school year, or be a de-

pendent child o a member o the United States Armed

Forces who was transferred to Florida from out o state.Once qualiied, parents and legal guardians have three

placement options for their child: a different public

school within the same school district; a public school

in an adjacent school district with available space andappropriate services; or an eligible private school.

The amount awarded for each qualifying student is

the lesser o the tuition and fees at a selected private

school or the cost o special education and services thatthe student would receive in their current school. The

parents or legal guardians o special needs students are

responsible for paying the difference between the schol-arship and private school tuition and fees. I the private

school option is selected, payments are sent quarterly by the state Department o Education to the school on

behal o the parents or legal guardians.13 Most current

statistics indicate that the state awarded $184 million inscholarships to 28,370 students for the 2013-14 school

year, with an average award o $7,278 for students with

an IEP and $4,146 for students with a 504 Plan.14

Once awarded, a John M. McKay Scholarship remainsin effect until the receiving student either returns to a

public school, graduates from high school, or becomes22 years o age. While in the program, a student alsoloses eligibility for the award i any o the following

events occur:* Established in 1885, the Florida School for the Dea and Blind is

a fully accredited state public school and outreach center avail-able tuition-free to eligible Pre-K and K-12 deaf/hard o hearingor blind/visually impaired students. The school provides compre-

hensive educational services that are individualized and speciicto the unique communication and accessibility needs o each

child to develop independence and lifelong success.

» The student receives a Florida Tax Credit Scholarship;†

» The student participates in the state’s Personal Learn-ing Scholarship Account program;‡

» The student participates in a home education program; » The student participates in a private tutoring pro-gram; or

» Within a year, the student participates in more than

two courses provided through a state-funded virtualschool, correspondence school, or distance learning

program.15


er option must:

» Employ or contract with teachers who hold baccalau-reate or higher degree(s), have at least three years o

teaching experience in public or private schools, or

have special skills, knowledge, or expertise that qual-

ify them to provide instruction in subjects taught; » Meet applicable state and local health, safety and wel-fare laws, codes, and rules;

» Require state and federal background checks for anyemployee with direct student contact, and bar thosewith certain felonies or misdemeanors from positions

requiring direct student contact; » Demonstrate iscal soundness and accountability; » Comply with federal antidiscrimination provisions; » Meet all reporting and documentation submis-sion deadlines required by the state Department o

Education;

» Provide an annual report o student progress to par-ent or legal guardians; and

» Administer a statewide assessment for a student whoseparents or legal guardians request their participa-

tion in the public school statewide student testing

program.16

† The Florida Tax Credit Scholarship Program, established in2001, provides state tax credits for contributions to nonproit

scholarship funding organizations which, in turn, award schol-arships o up to $5,272 (for the 2014-15 school year) to eligiblechildren o low-income families.‡ The Personal Learning Scholarships Accounts (PLSA) program

allows nonproit scholarship funding organizations to provideeducational savings accounts to parents or legal guardians rais-ing a child with a disability. The amount o a child’s PLSA is

dependent on a number o different factors, including grade lev-

el, county o residence, and a student’s individual level o need.The average for the 2015-16 school year is approximately $10,000.


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The John M. McKay Scholarships for Students with Dis-

abilities Program has experienced one legal challenge todate. In November 2009, Citizens for Strong Schools,

Inc. and Fund Education Now iled a lawsuit against thestate, demanding that it comply with a 1998 constitu-tional referendum to ensure a “uniform, eficient, safe,secure and high quality” public education system.17 In

May 2014, the coalitions amended their suit to includenew claims addressing the Florida Tax Credit Schol-

arship Program and the John M. McKay Scholarshipsfor Students with Disabilities Program.18 The amended

complaint asserts that these school voucher programs,among others, unconstitutionally divert money from

Florida’s public schools. The case is scheduled for a

ive-week trial in the circuit court o the second ju-

dicial circuit o Leon County beginning March 2016.19

Georgia

The Georgia Special Needs Scholarship Program (GSNS)

was created through Senate Bill 10 o 2007, or the Geor-

gia Special Needs Scholarship Act , and signed into law by

then-Governor Sonny Perdue as a school choice pro-

gram for special needs students with an IEP attendingGeorgia public schools. To qualify, a student must have

a parent or legal guardian who has resided in the statefor at least one year, been enrolled in grades K-12 andcompleted the most recent school year in a Georgia

public school, and received special education services

through an IEP. Meanwhile, pre-kindergarten students,

home school students, students in private residential

treatment facilities, students in a Georgia Departmento Juvenile Justice school, students in an Early Interven-

tion Program,* and students with a 504 AccommodationPlan are not eligible.20 Furthermore, a student becomes

ineligible i he or she leaves an authorized private school

and does not re-enroll immediately in another, gradu-ates from high school, or turns 21 years old.21

I the eligibility criteria for a GSNS are met, a student

may request a transfer from their current public school

to: 1) another public school within their current school

* Georgia’s Early Intervention Program is designed to serve stu-dents who are at risk o not reaching or maintaining academicgrade level. The goal o the program is to provide additional in-structional resources to help students who are performing belowgrade level obtain the necessary academic skills to reach gradelevel performance in the shortest possible time.

district; 2) another public school outside their currentschool district; 3) one o three state schools for the blind

or deaf;† or 4) a private school that has been authorized

to accept students through the GSNS program. Scholar-ship payments for GSNS students are calculated usingdata from the last year the student was in a Georgia

public school. Payment amounts are based on the cost

o services provided to each individual student and canvary widely depending on the degree o disability. For

the 2014-15 school year, scholarships generally ranged

from $2,500 to $13,500, with the average award total-

ing $5,700.22 The parents or legal guardians o special

needs students are responsible for paying the difference

between the scholarship and private school tuition andfees. State payments to private schools are sent quarterly

by the Department o Education directly to the school.23

Schools participating in the GSNS program ultimately

control which students are accepted. However, once astudent is accepted, he or she must be allowed to com-plete all grades offered. For example, a middle school

must allow a GSNS student to stay until the student

completes grade 8, unless the student becomes ineligible for the program.24

Private schools that wish to participate in the GSNS

program must:

» Be physically located in the state; » Be accredited through an approved regional or state

accrediting entity; » Demonstrate iscal soundness; » Employ or contract only with teachers who hold a

bachelor’s degree or higher degree, or have at least

three years o experience in either education or health;

» Meet applicable state and local health, safety, and wel-fare laws, codes, and rules;

» Comply with federal antidiscrimination provisions; » Conduct criminal background checks on teachers thatwill come into contact with a GSNS student, and haveprotocols to handle any criminal histories that may

surface;† Only students with signiicant visual disabilities, deafness and/

or hardness o hearing may request a transfer to a state schoolfor the blind or deaf.


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» Provide clear, written descriptions o academic prog-ress to the parents or legal guardians o GSNS students

during a school year; » Administer valid and reliable beginning-of-grade andend-of-grade assessments to GSNS students and report

test results to parents or legal guardians; and » Complete other applicable reporting requirements.25

Louisiana

In 2010, the School Choice Pilot Program for Certain

Students with Exceptionalities Act was passed by the Leg-

islature and signed into law by then-Governor Bobby Jindal. Originally implemented as a pilot program forgrades K-8 during the 2011-12 school year, it was ex-

panded in 2012 to include grades K-12. The School

Choice Program for Certain Students with Exception-alities offers students with certain disabilities residingin a parish with a population o 190,000 or more – cur-rently seven o the state’s 64 parishes – tuition assistance

to attend eligible participating schools that offer special

needs programs.26 The Program offers tuition assistancefor up to 50 percent o the state per pupil funding forthe student’s school district – approximately $2,200

per year – and cannot exceed the cost o the private

school tuition.27 I the cost is higher than the amounto tuition assistance, the parents or legal guardians o

special needs students are responsible for paying the

difference. Program participation totaled 342 studentsfor the 2015-16 school year.

To qualify for the program, students must:

» Have been identiied by a Louisiana public school dis-trict as a student with autism, a developmental delay,

a mental disability, other health impairment, speciic

learning disability, or a traumatic brain injury; » Have an IEP; and » Be eligible to attend public school in Louisiana. 28

In addition to the parish population requirements, pri-vate schools that wish to qualify as a school choice

option must:

» Be approved by the Board o Elementary and Sec-ondary Education;

» Comply with the racial nondiscrimination require-

ments set forth in Brumield v. Dodd;*

» Have provided educational services to students with

qualifying diagnoses for at least two years prior to

participation; » Employ teachers who hold appropriate certiicationin special education; and


Mississippi

In 2012, with the passage o House Bill 1031, signed into

law by Governor Phil Bryant, Mississippi became theirst state in the nation to create a school voucher pro-

gram targeted particularly for children with dyslexia.Speciically, the Dyslexia Therapy Scholarship for Stu-

dents with Dyslexia Program provides children with

dyslexia the option o attending a public school otherthan their current one or receiving a scholarship to

attend a private school o their choice.30 The scholar-

ship amount is determined by the Mississippi Adequate

Education Program (MAEP)† base student cost for theschool year and equaled approximately $4,918 for the

2015-16 school year, with 116 students participating.31

The parents or legal guardians o special needs studentsare responsible for paying the difference between thescholarship and private school tuition and fees. Schol-arships for private schools are paid by the state directly

to private schools in 12 installments.

* The judicial orders issued in Brumield v. Dodd prohibited theprovision o public funds or other assistance “to any racially dis-

criminatory private school or to any racially segregated privateschool” and created a certiication process to establish private

school eligibility for receiving public funds.† The Mississippi Adequate Education Program (MAEP), created

in 1997, established the funding formula used to provide adequatecurrent operation funding levels necessary for the programs oeach school district to meet a successful level o student per-

formance as established by the state Board o Education. The

MAEP formula produces a base student cost, considered to be

the amount necessary to provide each student an adequate ed-ucation in a Mississippi school.


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» Have been properly screened and diagnosed withdyslexia;*

» Be entering grade 1-6; » Have attended a full school year at a Mississippi public

school or any other state-approved nonpublic school

within Mississippi providing instruction in dyslexiaintervention; and

» Have been accepted into a school that is eligible forthe program.32

However, students do not qualify for the program i

they are:

» Enrolled into a state school operated by Departmento Juvenile Justice (due to detainment for a crimi-

nal offense); » Participating in a home school education program; or » Taking more than two courses per school year ina virtual school, correspondence school, or distance

learning program that receives state funding under

the student’s participation;

Private schools that wish to qualify as a school voucheroption for the Dyslexia Therapy Scholarship for Stu-

dents with Dyslexia Program must:

» Maintain a physical location within the state; » Be accredited by the state Department o Education

as a special purpose nonpublic school; » Use licensed dyslexia therapists or trainees o anapproved program to provide dyslexia therapy to

qualifying students; » Provide instruction for students with dyslexia usingthe Orton-Gillingham Approach;†

» Have school leadership with additional training inthe characteristics o dyslexia;

* The legislation also requires every school district to screenpublic school students for dyslexia twice, once in kindergartenand again in grade 1.†

Orton-Gillingham Approach is an instructional technique in-tended primarily for use with persons who have dificulties inreading, spelling, and writing typically associated with dyslexia.

The Approach generally recommends a one-on-one teacher-stu-dent instructional model or small-group instruction.(Source: Academy of Orton-Gillingham Practitioners and Educators)

» Conform to required criminal history record checksand ingerprinting requirements to determine employ-

ment eligibility o teachers and other school personnel;

» Provide, at a minimum, an annual progress report to

a student’s parents or legal guardians; » Follow generally accepted accounting principles andsubmit to annual audits by the state auditor; and


In 2013, Mississippi expanded its school vouchers op-

tions for special education students with House Bill

1004, establishing the Nate Rogers Scholarship for

Students with Disabilities Program. Similar to the

Dyslexia Therapy Scholarship for Students with Dys-lexia Program, the Nate Rogers Scholarship provides a

scholarship for qualifying students to attend a privateschool that offers speech-language therapy. The schol-arship amount also is determined by the MAEP base

student cost for each school year; however, the aver-

age scholarship for the 14 students participating in the

program in 2014-15 equaled $5,155.34 The parents or le-

gal guardians o special needs students are responsiblefor paying the difference between the scholarship andprivate school tuition and fees.

The student requirements to qualify for the Nate Rog-

ers Scholarship are the same as those for the DyslexiaTherapy Scholarship, except that the student must

have a speech-language impairment‡ and must have

received speech-language therapy and intervention.The criteria for disqualiication are equal to those o

the Dyslexia Therapy Scholarship for Students with

Dyslexia Program.


er option for the Nate Rogers Scholarship for Studentswith Disabilities Program must:

» Maintain a physical location within the state; » Be accredited by the state Department o Education

as a special purpose nonpublic school that emphasizes‡ The legislation also requires that local school districts screenstudents for speech, language, voice and luency disorders be-

fore the end o grade 1.


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instruction in speech-language therapy and interven-

tion as its primary purpose; » Employ licensed and certiied speech-language pa-thologists to provide an appropriate and specialized

speech-language instructional program to participat-

ing students; » Conform to required criminal history record checks

and ingerprinting requirements to determine employ-ment eligibility o teachers and other school personnel;

» Provide, at a minimum, an annual progress report to

the student’s parents or legal guardians; » Follow generally accepted accounting principles andsubmit to annual audits by the state auditor; and

» Submit all other appropriate documentation withinthe state-speciied deadlines.

North Carolina

In 2013, the General Assembly passed House Bill 269,

creating Special Education Scholarship Grants for Chil-

dren with Disabilities to replace an existing Tax Creditfor Children with Disabilities. In October 2013, the

North Carolina State Education Assistance Author-

ity* began accepting and reviewing applications for

the program, giving priority to families who previ-

ously were granted a Tax Credit for Children with

Disabilities. Once pre-qualiied families are approved

for scholarship grants, new applications are consid-

ered on a irst-come, irst-served basis.35 The programprovides up to $8,000 per school year by reimbursingparents or legal guardians for qualifying expenses for

children with disabilities who attend school in an eli-gible nonpublic setting. The parents or legal guardians

o special needs students are responsible for paying the

difference between the scholarship and private schooltuition and fees. During the 2014-15 school year, 611 stu-

dents participated in the program and were awarded

$5,070 on average.36 The original legislation appropriat-ed $3 million per iscal year toward scholarship grants

to eligible students, to be rolled over i not depleted by

qualifying reimbursement submissions.37

* The North Carolina State Education Assistance Authority is a

state agency that promotes access to higher education by admin-istering inancial aid and savings programs, informing studentsand families about paying for college, teaching educators aboutinancial aid administration, and advocating for resources to

support students.


» Be a child with a disability and an IEP; » Be reevaluated and identiied as “a child with a dis-ability” by their local public school district at least

every three years; » Have been previously approved to receive the grant,

or enrolled in a North Carolina public school for theentire previous semester, or eligible for enrollment

in kindergarten or grade 1 within a North Caroli-

na public school; » Be ive to 22 years o age; » Be enrolled in an approved eligible school or homeschool program; and

» Receive special education at least 75 days per semester.38

Meanwhile, a student is ineligible i they have:

» Been enrolled in a nonpublic school at public expense; » Received public school services while using the grant; » Earned a high school diploma; or » Been enrolled full-time at a postsecondary institution(college or technical school).39

Notably, and unlike many other state special educationvoucher programs, North Carolina does allow parents

or legal guardians o qualifying children to opt for

home schooling and receive reimbursements for costsassociated with special education instruction, related

services, and educational technology. However, i par-

ents or legal guardians choose to home school a child,the grant program does not allow for reimbursements

for any tuition payments, even i the student enrolls

in a private school for part o the semester.40


er option must:

» Meet all applicable state and local ire, safety, sanita-tion and immunization requirements;

» Agree to provide state access to all student records re-

lated to the administration o the voucher program; » Report tuition and fees charged to the student; » Perform a criminal background check on the schoolstaf member with the highest decision-making

authority and conirm that person has not been con-

victed o certain misdemeanors or felonies;


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» Provide to the tuition-paying parent or legal guardiano an eligible student an annual written explanationo the student’s progress;

» Administer a nationally standardized test or othernationally standardized equivalent measurement to

all students in grade 3 or higher participating in theprogram, at least annually;

» Report graduation rates and aggregate standardizedtest performance o participating students;*

» Contract with a certiied public accountant to perform

a inancial review during each school year scholar-

ship program students served were awarded more

than $300,000; » Comply with federal antidiscrimination provisions;and


Oklahoma

Lindsey Nicole Henry Scholarships for Students with

Disabilities were irst established in 2010 through HouseBill 3393, creating additional funds for students with dis-

abilities to attend PreK-12 in a private school o choice

approved by the state Board o Education.42 In 2011, theprogram was updated through House Bill 1744, clari-

fying student IEP requirements, exempting children o

military parents or legal guardians from school atten-dance requirements, and providing additional guidance

and instruction.43 The scholarship amount is the lesser

o the funds that would have been designated for pub-

lic school education or private school tuition and fees.The average award during the 2014-15 school year was

$6,632 per student for 377 participating students.44 The

parents or legal guardians o special needs students are

responsible for paying the difference between the schol-

arship and private school tuition and fees. Payments are

made quarterly to the private school o choice on be-hal o the parents or legal guardians.


»

Be a child with a disability and an IEP; » Have spent the prior school year in attendance at a

public school in Oklahoma, be the child o a mem-

ber o the United States Armed Forces transferred* Standardized test performance reporting only is required ithe school serves more than 25 students receiving scholarship.

to Oklahoma, or have an Individualized Family Ser-vice Plan;† and

» Have been accepted into an eligible private school ochoice.45


er option must:

» Meet state accreditation standards; » Demonstrate iscal soundness; » Report to the state Department o Education the ser-vices which the school has available for students with

disabilities; » Comply with federal antidiscrimination provisions; » Meet state and local health and safety laws and codes; » Be academically accountable to the parent or legalguardian for meeting the educational needs o the

student; » Employ or contract teachers who hold a bachelor’sdegree or higher, or have at least three years o teach-ing experience in public or private schools, or have

special skills, knowledge, or expertise that qualiies

them to provide instruction; » Comply with all state laws relating to general regu-lation o private schools;

» Adhere to published disciplinary procedures prior tothe expulsion o a scholarship student; and


Since its passage, the Lindsey Nicole Henry Scholar-ships for Students with Disabilities Act has been legally

challenged twice, with litigation ongoing as o De-

cember 2015. In January 2011, four school districtsiled suit against the state attorney general on the

grounds that the Act violates “the Oklahoma Con-

stitution’s prohibition o using public funds to aid,

directly or indirectly, any sectarian institution, and

o making a gift o public funds.” 47,48 After an appeal

o a Tulsa County Court ruling inding the school† An Individualized Family Service Plan (IFSP) is a plan for ear-

ly intervention for children with special needs, focusing on therole o the family. Special services for a child are guided by theIFSP from birth to age 3. At age 3, the IFSP transitions intoan IEP. Since Oklahoma’s Nicole Henry Scholarships for Stu-dents with Disabilities program serves children entering PreK,some parents or legal guardians may apply for the scholarshipthrough an IFSP.


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State Name of State Program Year Introduced Most Recent

AnnualParticipation

Average SchoolVoucherAmount

ArkansasSucceed Scholarship Program for

Students with Disabilities 2015 Up to 100 $6,500 (projected)

Florida John M. McKay Scholarships for

Students with Disabilities Program1999 28,370 $7,503 (projected)

Georgia Special Needs Scholarship Program 2007 3,811 $5,396

LouisianaSchool Choice Program for Certain

Students with Exceptionalities2010 342 $2,264

Mississippi

Dyslexia Therapy Scholarship forStudents with Dyslexia Program

2012 148 $4,918

Nate Rogers Scholarship for Studentswith Disabilities Program

2013 14 $3,556

North CarolinaSpecial Education Scholarship Grants

for Children with Disabilities2013 611 $5,070

OklahomaLindsey Nicole Henry Scholarships

for Students with Disabilities2010 377 $6,632

Source: Friedman Foundation for Educational Choice

Special Education School Vouchers in SLC Member States

voucher law unconstitutional, the Oklahoma Supreme

Court struck down the earlier decision, ruling that

the school districts did not have the legal standing to

challenge the law. After the state Supreme Court rul-

ing, a new suit was iled in October 2013 by a group

o Oklahoma citizens on the same grounds as before

and, in August 2014, Oklahoma County District Judge

Bernard Jones became the second judge to rule thelaw unconstitutional.49 However, Judge Jones ruled

that only the section o the law allowing state mon-

ey to private sectarian schools was unconstitutional

and that payments to private non-sectarian schools

was constitutional. In addition, after the state attor-

ney general announced that the state would appeal

the decision, Judge Jones stayed his ruling, allowing

the program to continue uninterrupted, in its entirety,

until the state Supreme Court takes up the appeal. 50

The state Supreme Court has yet to decide i it will

consider the appeal.

Conclusion

While the U.S. Constitution does not guarantee educa-

tion as a human right, every state has a constitutional

provision, commonly called the “education article,”

granting its citizens access to a free, public education,generally through the 12th grade. For decades, both

education funding equity and access issues have been

constant topics o discourse among public policymak-ers. In an effort to address pervasive challenges ranging

from poor-performing schools to low teacher retention,

poor graduation rates to teacher evaluation and certi-ication, from hunger and nutrition to school climate,policymakers have examined and addressed myriad

ways to improve the multiple aspects o the K-12 pub-lic education system.

As an enterprise-wide endeavor, the U.S. public ed-

ucation system has demonstrated many successes in

providing a free education to millions o the nation’s

children. However, during the past 30 years, much crit-

icism has been levied against the system’s ability to

adequately educate and prepare students for careers orhigher education. In an effort to ind alternative so-

lutions and offer greater access to options other than

public education, school voucher programs were legis-

lated, whereby funding historically tied to the public


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education system became portable and tied to the pu-pil rather than the school.

As school vouchers continue be part o the mainstream

education landscape, policymakers most recently haveturned their attention to providing the same option

to families with special educational needs. Although a

smaller population in relation to the larger body o stu-dents attending both public and private schools, theirneeds are no less important. Increasingly, parents andlegal guardians o special needs children are seeking

alternatives to the public school environment, and im-

plementation o school vouchers for special educationstudents is becoming more commonplace. Since Flor-

ida became the irst state in the nation to establish a

Average Private School Tuition in SLC Member States

State / Affiliation Elementary Schools Secondary Schools AverageAlabama $5,117 $7,555 $6,833

Arkansas Not Available Not Available Not Available

Florida $6,509 $8,669 $7,628

Georgia $8,681 $10,428 $9,777

Kentucky $5,056 $6,782 $5,858

Louisiana $5,061 $6,413 $5,646

Mississippi Not Available Not Available Not Available

Missouri $5,974 $11,841 $8,671

North Carolina $7,634 $9,109 $8,649Oklahoma $4,683 $7,166 $5,925

South Carolina $9,517 $6,070 $7,234

Tennessee $7,926 $8,761 $8,420

Texas $6,942 $9,284 $8,137

Virginia $10,040 $15,207 $12,710

West Virginia $3,638 $5,279 $4,787

U.S. Total (Catholic) $5,330 $9,790 $6,890

U.S. Total (Other Religious) $7,960 $16,520 $8,690

U.S. Total (Nonsectarian) $18,170 $25,180 $21,510U.S. Total (All Private Schools) $7,770 $13,030 $10,740

Sources: “Average Private School Tuition Cost (2015-2016).” Private School Review.http://www.privateschoolreview.com/tuition-stats/private-school-cost-by-state (accessed December 10, 2015)U.S. Department o Education, National Center for Education Statistics, Schools and Stafing Survey (SASS), “Private School Data File,”1999-2000, 2003-04, 2007-08, and 2011-12 https://nces.ed .gov/programs/digest/d14/tables/dt14_205.50.asp (accessed December 10, 2015).

school voucher program for special education studentsin 1999, several states followed with similar programs,

adapted for their particular circumstances. As these

programs are considered, and previously implementedprograms continue to grow and evolve, policymakershave several strategies to consider that will determinethe effectiveness o these programs vis-à-vis their abil-

ity to serve special education students.

Given that the parents or legal guardians o special

needs students are responsible for paying the differ-

ence between the scholarship and private school tuition

and fees, one particular consideration before lawmak-ers is how to ensure that low-income families have the

ability to utilize any state school voucher programs.


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the ultimate objective o school voucher programs is

to give parents or legal guardians the ability to choose

the best option for their child’s education, ensuring

that public school alternatives are able to serve a spe-

cial education student and provide a proper learning

environment for them is critical. Southern states havetaken several approaches to ensuring that certain fail-

safes are in place for schools o choice, including:

» Requiring that the teachers serving program stu-dents have proper teaching credentials and training

for special education students; an advanced level o

postsecondary education; or special skills, knowledge,

or expertise that qualiies them for their position; » Requiring that schools themselves are designed andadministered speciically as one serving special edu-cation students;

» Requiring the administration o yearly student assess-ments and student progress reports; and

» Requiring background checks for teachers andpersonnel.

School vouchers for special education students have the

potential to assist families and their children in ind-ing a learning environment tailored for their particular

circumstances. However, an appropriately structured

program is critical for meeting this end. As policymak-ers consider the options before them, several Southern

states have replicable program components that can

create a successful program for meeting the needs o

special student populations.

Low-income households have the least disposable in-

come to allocate toward the special needs o their child,creating many impediments to individualized services.

Capping scholarships for special education services ad-

versely affects families with limited inances, as privateschools may remain out o reach even with a partial

scholarship.

A potential solution to the problem o accessibility is

the creation and authorization o dual participation in

both special education and low-income school vouch-er programs. In addition to school vouchers for special

education students, many states have established simi-lar programs for low-income families. North Carolinais an example o a Southern state that has implement-ed this approach. However, a limitation o the North

Carolina model is that it reimburses parents and legal

guardians for costs associated with special education in

lieu o providing payments up front, which prevents

access for families that do not have the means to pre-pay private tuition and fees. Making special educationvouchers need-based is another option, and one with

the potential to provide additional funds for families

that are not able to participate without a scholarship

covering private school tuition and fees in full.

In addition to inancial concerns, when a student en-

ters a private educational institution, parents or legal

guardians relinquish all protections and rights afforded

to them by the federal Individuals with Disabilities Educa-

tion Act and Individualized Education Plans. Given that


13/16


Endnotes

1) “Background o Special Education and the Individuals with Disabilities Education Act (IDEA).”National Education Association. http://www.nea.org/home/19029.htm (accessed January 20, 2016).

2) Individuals with Disabilities Education Improvement Act of 2004 . Public Law 108-446. 108thCongress. http://idea.ed.gov/download/statute.html (accessed November 18, 2015).

3) “Guide to the Individualized Education Program.” U.S. Department o Education. March 23, 2007.http://www2.ed.gov/parents/needs/speced/iepguide/index.html (accessed November 18, 2015).2015

4) “504 Plan Terminology | Glossary o Terms Used in and About 504 Plans.” Understood.https://www.understood.org/en/school-learning/special-services/504-plan/504-plan-terms-to-know (accessed November 18, 2015).

5) “IEP vs. 504 Plan: What’s the Difference? | Special Education Law.” Understood. https://www.understood.org/en/ school-learning/special-services/504-plan/the-diference-between-ieps-and-504-plans (accessed November 18, 2015).

6) Lyon, John. “Hutchinson Signs Bill to Allow Tax-Free Savings for Disabled.” Arkansas News . April 8, 2015.http://arkansasnews.com/news/arkansas/hutchinson-signs-bill-allow-tax-

free-savings-disabled (accessed November 13, 2015).

7) Kaza, Greg. “School Choice Reaches a Tipping Point.” National Review Online . May 14, 2015.http://www.nationalreview.com/article/418348/school-choice-reaches-tipping-point-greg-kaza (accessed November 16, 2015).

8) Kloap, Danielle. “House Approves Bill for Private-School Scholarships.” Arkansas Online . March 26, 2015.http://www.arkansasonline.com/news/2015/mar/26/house-approves-bill-private-school-scholarships/ (accessed November 16, 2015).

9) Act 1178 o 2015. State o Arkansas. 90th General Assembly. April 8, 2015.http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act1178.pdf (accessed November 16, 2015).

10) Ibid.

11) Ibid.

12) “Florida – John M. McKay Scholarships for Students with Disabilities Program.”Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/lorida- john-m-mckay-scholarships-for-students-with-disabilities-program/ (accessed November 16, 2015).

13) “McKay Scholarship Program FAQs.” Florida Department o Education. September 22, 2015.http://www.ldoe.org/schools/school-choice/k-12-scholarship-programs/ mckay/mckay-faqs.stml (accessed November 19, 2015).

14) “John M. McKay Scholarship Program Statistics.” Florida Department o Education. November 2014.http://www.ldoe.org/core/ileparse.php/5606/urlt/Fast_Facts_McKay.pdf (accessed November 18, 2015).

15) “McKay Scholarship Program FAQs.”

16) Florida Statutes §§ 1002.39 and 1002.421.

17) “A Case for High Quality Education.” Southern Legal Counsel.http://www.southernlegal.org/index.php/quality-education/ (accessed December 3, 2015).

18) “Florida – John M. McKay Scholarships for Students with Disabilities Program.”

19) “A Case for High Quality Education.”


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20) “Georgia Special Needs Scholarship Program - Understanding the Program.” GeorgiaDepartment o Education. https://www.gadoe.org/External-Afairs-and-Policy/Policy/Documents/ SB10%20Understanding%20the%20Program.pdf (accessed November 20, 2015).

21) “Quick Facts about the Special Needs Scholarship Program.” Georgia Department o Education.https://www.gadoe.org/External-Afairs-and-Policy/Policy/Documents/SB10%20 Quick%20Facts%20FTP.pdf (accessed November 20, 2015).

22) “Georgia Special Needs Scholarship Program - Understanding the Program.”

23) “Special Needs Scholarship Program - How Payments are Made.” Georgia Department o Education.https://www.gadoe.org/External-Afairs-and-Policy/Policy/Documents/SB10%20 How%20Payments%20are%20Made.pdf (accessed November 20, 2015).

24) “Georgia Special Needs Scholarship Program - Understanding the Program.”

25) “160-5-1-.34 Georgia Special Needs Scholarship Program.” Georgia Department o Education.http://www.gadoe.org/External-Afairs-and-Policy/State-Board-of-Education/ SBOE%20Rules/160-5-1-.34.pdf (accessed November 20, 2015).

26) “Department Announces 300 Percent Increase in School Choice Enrollments since 2012.” LouisianaDepartment o Education. https://www.louisianabelieves.com/newsroom/news-releases/2015/10/11/department-announces-300-percent-increase-in-school-choice-enrollments-since-2012 (accessed November 20, 2015).

27) “School Choice Program for Certain Students with Exceptionalities.” Louisiana Department o Education.http://www.louisianabelieves.com/schools/school-choice-for-students-with-disabilities(accessed November 20, 2015).

28) “Frequently Asked Questions: School Choice Program for Certain Students with Exceptionalities.”Louisiana Department o Education. https://www.louisianabelieves.com/docs/default-source/ school-choice/faq---school-choice-program.pd?sfvrsn=10 (accessed November 20, 2015).

29) Ibid.

30) House Bill 1013. Mississippi Legislature. 2012 Regular Session.http://billstatus.ls.state.ms.us/documents/2012/html/HB/1000-1099/HB1031SG.htm (accessed November 24, 2015).

31) “Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program.”

Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/mississippi-dyslexia-therapy-scholarship-for-students-with-dyslexia-program/ (accessed November 24, 2015).

32) House Bill 1013. Mississippi Legislature. 2012 Regular Session.

33) Ibid.

34) “Mississippi – Nate Rogers Scholarship for Students with Disabilities Program.”Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/mississippi-nate-rogers-scholarship-for-students-with-disabilities-program/ (accessed November 24, 2015).

35) “NC Scholarship Program for Children with Disabilities.” Autism Society o North Carolina. http://autismsociety-nc.org/index.php/presets/public-policy/nc-scholarship-program-for-children-with-disabilities (accessed November 25, 2015).

36) “North Carolina – Special Education Scholarship Grants for Children with Disabilities.” Friedman

Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/north-carolina-special-education-scholarship-grants-for-children-with-disabilities/ (accessed January 20, 2016).

37) “Children with Disabilities Grant Program: Frequently Asked Questions.” North Carolina State EducationAssistance Authority. http://www.ncseaa.edu/documents/CDG%20FAQ%2015%2016.pdf (accessed November 30, 2015).


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38) Ibid.

39) Ibid.

40) Ibid.

41) “Opportunity Scholarship Grant Program: Nonpublic School Participation Program.” North Carolina StateEducation Assistance Authority. http://www.ncseaa.edu/documents/OSP_PPA.pdf (accessed December 2, 2015).

42) “Notiication Regarding Lindsey Nicole Henry Scholarship Act.” Oklahoma State Department oEducation. http://ok.gov/sde/sites/ok.gov.sde/iles/LNH%20Notiication.pdf (accessed December 2, 2015).

43) “Lindsey Nicole Henry Scholarships for Students with Disabilities -Amended (HB 1744, 2011).”Foundation for Excellence in Education. http://excelined.org/downloads/lindsey-nicole-henry-scholarships-for-students-with-disabilities-amended-hb-1744-2011/(accessed December 2, 2015).

44) “Oklahoma – Lindsey Nicole Henry Scholarships for Students with Disabilities.”Friedman Foundation for Educational Choice. http://www.edchoice.org/school-choice/programs/oklahoma-lindsey-nicole-henry-scholarships-for-students-with-disabilities/ (accessed December 2, 2015).

45) Oklahoma Statutes §70-13-101.2. http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os70.rtf (accessed December 3, 2015).

46) Ibid.47) Archer, Kim. “Student Voucher Law Unconstitutional due to ‘No-Aid-to-Religion’ Provision, Judge Rules.”

Tulsa World . August 29, 2014. http://www.tulsaworld.com/newshomepage3/student-voucher-law-unconstitutional-due-to-no-aid-to-religion/article_ea45483-4684-5b66-8c4d-efefe13fa69f.html (accessed December 3, 2015).

48) Archer, Kim. “Union, Jenks School Districts File Lawsuit on Vouchers.” Tulsa World . September 7, 2011.http://www.becketfund.org/tulsa-world-union-jenks-school-districts-ile-lawsuit-on-vouchers/ (accessed December 3, 2015).

49) Archer, Kim. “Student Voucher Law Unconstitutional due to ‘No-Aid-to-Religion’ Provision, Judge Rules.”

50) Nelson, Jason. “Lindsey Nicole Henry Scholarship Opponents Fall Short with Court Ruling.” August 29,2014. http://www.jasonnelson.org/2014/08/lindsey-nicole-henry-scholarship.html (accessed December 3, 2015).


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THE SOUTHERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

REGIONAL VIEW NATIONAL REACH

This report was prepared by Mikko Lindberg,

Policy Analyst for the Education Commit-

tee o the Southern Legislative Conference(SLC) o The Council o State Governments

(CSG), under the chairmanship o Senator

Dolores Gresham o Tennessee. This report relects the

body o policy research made available to appointed and

elected oficials by the Southern Ofice.

The Southern Ofice o The Council o State Governments,located in Atlanta, Georgia, fosters and encourages inter-governmental cooperation among its 15 member states. In

large measure, this is achieved through the ongoing work

o the standing committees o its Southern Legislative

Conference. Through member outreach in state capitols,

policy research, international member delegations, staf

exchange programs, meetings and ly-ins, staf support

state policymakers and legislative staf in their work to

build a stronger region.

Founded in 1947, the SLC is a member-driven organization

and the largest o four regional legislative groups oper-

ating under CSG and comprises the states o Alabama,

Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississip-

pi, Missouri, North Carolina, Oklahoma, South Carolina,Tennessee, Texas, Virginia and West Virginia.

The SLC’s six standing committees provide a forum whichallows policymakers to share knowledge in their area o ex-

pertise with colleagues from across the South. By working

together within the SLC and participating on its commit-tees, Southern state legislative leaders are able to speak in

a distinctive, uniied voice while addressing issues that af-

fect their states and the entire region.

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