Editorial Staff

Study: Systemic Failure in IDEA Implementation for Private School Students with Disabilities in Additional States

/in , , , , , , /by Editorial Staff
Share on Facebook
Share on Twitter
Share on
LinkedIn
+

States, school districts failing to allocate sufficient federal funding to special needs students in private schools   

BOSTON – On the heels of a $3.8 million settlement for private school students with disabilities in Massachusetts for the state’s failure to comply with provisions of the federal Individuals with Disabilities Education Act (IDEA) that require provision of equitable, publicly funded special education services to students in private schools, a Pioneer Institute study finds that two states and three school districts around the country for which data are available also appear to be out of compliance.

“Whether it be state departments of education wrongfully conflating state and federal law and giving school districts faulty or incomplete guidance, or lack of enforcement efforts, private school students are being wrongfully denied access to IDEA-funded special education services,” said Tom Olson, who co-authored “Bad IDEA: How States Block Federal Special Education Funding to Private and Religious School Students” with Kate McConnell and Nancy Kriegel.

Webinar today (Apr. 8th) at 1 pm ET: “Systemic Failure in IDEA Funding for Private School Students”

REGISTER

IDEA requires states to ensure that all public-school students aged 3-21 who have disabilities receive a “free and appropriate education.”  It also requires the provision of equitable services to students with disabilities in private schools.

The federal government appropriates IDEA funding for the states, which then appropriate the money among local school districts.  A “proportionate” share of the funds is to be spent on private school students who attend school within the school district’s geographic boundaries. Proportionate share is determined by a district’s total IDEA allocation, the total number of students within the district who are found to have disabilities, and the percentage of those students who attend private schools.

The law permits states to use their own money to offer special education services to private school students in addition to those required by IDEA.

In theory, Massachusetts is one of those states. However, the state’s anti-aid amendment prohibits state or locally funded services from being delivered at the private school site. In practice, this makes it difficult for students to access services and support. Until recently there was also confusion regarding federally funded services provided under IDEA. However, given the private school coalition’s work in partnership with Massachusetts DESE, and the recent settlement, private school students with disabilities can now access federally funded special education services on site at their schools.

To determine whether such non-compliance is common, the authors sent Freedom of Information Act requests to 12 states and 8 school districts that are geographically representative to determine how IDEA funding was allocated to students with disabilities in private schools beginning with the 2015-16 school year.  Only five – Florida, Missouri, Denver, Los Angeles and Portland, OR – more-or-less furnished the requested information.  In nearly all cases, the states and school districts didn’t provide proportionate share numbers, meaning the authors had to do their best to calculate it themselves based on the data provided.

The authors assumed that between 7 percent and 14 percent of private school students have special needs. The best results were from Denver, where during the 2015-16 school year between a quarter and half of the money that should have been made available for provide school students was allocated to them.  The poorest performer was Florida.  There only between 0.7 percent and 1.3 percent of the appropriate proportionate share was made available to private school students with special needs during the 2017-18 school year.

“Since the data are not being gathered in any meaningful way, it’s challenging if not impossible to hold agencies accountable for complying with IDEA,” said Director of Pioneer Education Jamie Gass.

Among the authors’ recommendations are that USED collect the applicable data from the states, that each state assume that at least 7 percent of private school students have special needs, and that each state appoint an IDEA ombudsman.

About the Authors

Tom Olson: Tom is currently a Principal Partner of ADAC. Tom has overseen development efforts, augmented donor commitment, and cultivated major gifts for a variety of organizations. Supporting initiatives that advance in government and civil society limited government and the principle of subsidiarity, Tom’s professional competencies include published writing and public policy research. Tom holds a bachelor’s degree from the College of the Holy Cross and graduate degrees from Saint Louis University and Boston College.

Nancy Kriegel:  Nancy is currently the Executive Director of Yad Chessed (“Hand of Loving Kindness”), a social service agency assisting individuals and families who are living at or below the federal poverty level. Prior to this, she was a Senior Director at Combined Jewish Philanthropies and one of the founders of Gateways: Access to Jewish Education. Nancy is a strong advocate for Jewish Day Schools and the wider Jewish community. Nancy holds a bachelor’s degree from the University of Pennsylvania and a juris doctor (JD) from the Boston College School of Law.

Kate McConnell: Kate is currently serving as the Director of Inclusive Education for the Office of Catholic Schools of the Archdiocese of Chicago. Previously, she has worked as the Director of Inclusive Education at Chicago’s Our Lady of Mount Carmel Academy. Before becoming a Catholic school educator, she was a special education teacher in public schools. A certified Learning and Behavior Specialist, Kate holds a bachelor’s degree from Towson University and graduate degrees from Loyola University Chicago and DePaul University.

About Pioneer Institute

Pioneer’s mission is to develop and communicate dynamic ideas that advance prosperity and a vibrant civic life in Massachusetts and beyond.

Pioneer’s vision of success is a state and nation where our people can prosper and our society thrive because we enjoy world-class options in education, healthcare, transportation and economic opportunity, and where our government is limited, accountable and transparent.

Pioneer values an America where our citizenry is well-educated and willing to test our beliefs based on facts and the free exchange of ideas, and committed to liberty, personal responsibility, and free enterprise.

Get Updates on Our School Choice Research

Education Posts:

NYT Best-Selling Children’s Author Carole Boston Weatherford on Fannie Lou Hamer & Race in America

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard are joined by Prof. Carole Boston Weatherford, a New York Times best-selling children’s book author, and Caldecott Honor Book and Coretta Scott King Award winning biographer of Harriet Tubman and Fannie Lou Hamer.

MA Commissioner Jeff Riley on Remote Learning, Voc-Techs, & Reforming Boston’s Schools

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard open with commentary on the George Floyd tragedy and K-12 education’s role in addressing racial injustice. Then, they are joined by Jeffrey Riley, the Massachusetts Commissioner of Elementary and Secondary Education, to talk about the unprecedented challenges of COVID-19.

Acclaimed Poet & Former NEA Chairman Dana Gioia on Poetry & Arts Education

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard are joined by Dana Gioia, a poet, writer, and the former Chairman of the National Endowment for the Arts, to talk about why the arts are so pivotal to the intellectual and civic development of America’s K-12 schoolchildren.

Homeschooling Expert Kerry McDonald on Harvard Law Professor Controversy & COVID

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard are happy to be joined by Kerry McDonald, a homeschooling expert and Senior Fellow at the Foundation for Economic Education, on the major lessons we all should be learning from this educational moment, now that COVID has turned most of America’s 50 million schoolchildren and their families into "homeschoolers."

Kaya Henderson, Former Chancellor, D.C. Public Schools, on Leading Urban District Reform

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard are happy to be joined by Kaya Henderson, the former chancellor of the District of Columbia Public Schools. They discuss the historic reforms Henderson oversaw, including increasing enrollment and improved test scores in an urban district that had been one of the lowest performing in the country.

UVA Law Professor Kimberly Robinson On Legal Debate About Education As Federal Right

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Kimberly Robinson, Professor at the University of Virginia School of Law and the Curry School of Education, about her new book, "A Federal Right to Education: Fundamental Questions for Our Democracy," and the need for states to establish a “floor of opportunity” to ensure educational equity.

New York Times #1 best-selling author John M. Barry on the 1918 Influenza Pandemic & lessons for COVID-19

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by John M. Barry, author of the #1 New York Times best seller, The Great Influenza: The Story of the Deadliest Pandemic in History.

Ashley Berner of Johns Hopkins on Academic Quality, Educational Pluralism, & the Providence Public Schools

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Ashley Berner, Deputy Director of the Johns Hopkins Institute for Education Policy. 

Christensen Institute Co-founder Michael Horn on Digital Learning & COVID-19

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Michael Horn, co-founder of the Clayton Christensen Institute for Disruptive Innovation.

The Institute for Justice’s Tim Keller on Espinoza v. Montana DOR & ongoing school choice litigation

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Tim Keller, Senior Attorney with the Institute for Justice, which is representing the plaintiffs in the high-profile Espinoza v. Montana Department of Revenue case currently before the U.S. Supreme Court,.

Stanford Pulitzer Winner David Kennedy on Lessons for COVID-19 from the 1918 Flu Epidemic & Great Depression

0 Comments
/
This week on “The Learning Curve” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Pulitzer-winning historian David Kennedy, the Donald J. McLachlan Professor of History Emeritus at Stanford University.

The Washington Post’s Jay Mathews on schooling during COVID-19 & lessons from teaching great Jaime Escalante

0 Comments
/
This week on “The Learning Curve,” Cara and Gerard continue coverage of COVID-19’s impact on K-12 education, joined by Jay Mathews, Washington Post education columnist.