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:

Pulitzer Winner Joan Hedrick on Harriet Beecher Stowe & Uncle Tom’s Cabin

Prof. Hedrick discusses Harriet Beecher Stowe's wide literary influence on U.S. history. From her abolitionist activism to the publication of international bestseller Uncle Tom's Cabin, they explore Stowe's New England upbringing, anti-slavery convictions, and lasting impact on American literature and social reform in the 19th century.

Dr. Adrian Mims on The Calculus Project & STEM

Dr. Mims navigates through the contentious "math wars" and underscores the pivotal role of Algebra I as a gateway to higher math. He also evaluates the negative impact of Common Core math standards, and proposes strategies to combat pandemic-induced learning setbacks and bridge the gap in math proficiency between American students and their international counterparts.

Yale University Pulitzer Winner Beverly Gage on J. Edgar Hoover & the FBI

Yale Prof. Beverly Gage, author of "G-Man: J. Edgar Hoover and the Making of the American," delves into the enigmatic life and career of J. Edgar Hoover, tracing his formative years in Washington, D.C., his rise to prominence as director of the FBI, and his enduring influence on American law enforcement and politics.

UK U-Warwick’s Benjamin Smith on Mexico’s Cartels & Drug Trade

Prof. Benjamin Smith, author of The Dope: The Real History of the Mexican Drug Trade, provides insights into various aspects of the Mexican drug trade, including its historical context and the evolution of illicit drug products over time. He discusses key cartels and their methods, the impact of the drug trade on Mexico's murder rates, the immense financial scale of the trade, its effect on Mexico and the U.S., and the challenges law enforcement face in combating it. Smith explores the relationship among Mexican cartels, other foreign countries, and the illicit drug market in the U.S.

DFER-MA’s Mary Tamer on MCAS & Teacher Strikes

Mary Tamer focuses on the historic impact of the 1993 Massachusetts Education Reform Act on the commonwealth’s students’ high achievement on national and international measures. She explores the politics of the Massachusetts Teachers Association advocating against the MCAS test as a graduation requirement. In closing, Ms. Tamer also discusses the rise of teacher strikes and their implications for education reform in the Bay State.

U-TN’s Robert Norrell on Booker T. Washington & Voc-Tech

Prof. Robert Norrell explores Booker T. Washington's early life in slavery, his transformative leadership at Tuskegee Institute amidst Jim Crow racism, and his advocacy for vocational education as a means for racial uplift. He also discusses Washington’s 1901 autobiography, Up From Slavery; his controversial White House dinner with President Theodore Roosevelt; and his often overlooked legacy following the activism of the 1960s Civil Rights era.

BC’s Dr. Matthias von Davier on TIMSS & K-12 Global STEM

Dr. von Davier explores his educational background and its influence on directing TIMSS & PIRLS, shedding light on psychometrics and standardized testing. He discusses the shift in education policy's focus, the global education data landscape, and the pandemic's effects on K-12 education around the world. Dr. von Davier addresses the alarming decline in U.S. educational performance, emphasizing the urgency to bridge achievement gaps. Drawing from international experiences, he highlights global examples for American policymakers from higher-performing countries, emphasizing the crucial links between education, skills, and innovation on the global economy.

ExcelinEd’s Dr. Cara Candal on National School Choice Week

Dr. Candal delves into the evolving landscape of K-12 education in the U.S., examining the expansion of private school choice programs post- U.S. Supreme Court decisions, changing political dynamics around charter schools, strategies of the national school choice movement in low-performing states, the role of parent-driven models during the pandemic, the significance of voc-tech education, and addressing underperformance and achievement gaps.

NYT Bestseller Jonathan Eig on the Rev. Dr. Martin Luther King, Jr.

Jonathan Eig delves into MLK's early spiritual leadership, the influence of Langston Hughes on his speeches, his relationship with his wife, Coretta Scott King, and the Southern Christian Leadership Conference's challenges. He discusses historic events in Birmingham, Alabama, the March on Washington, MLK's struggles in Chicago, the Poor People's Campaign, and the events leading to his assassination in 1968. Eig underscores the multifaceted aspects of MLK's life and provides insights on drawing lessons for contemporary challenges in race relations and leadership.

Olympic Track Medalist Gabby Thomas

Gabby Thomas, Pioneer Valley native, Harvard alum in neurobiology, and Olympic sprinter, won bronze and silver in Tokyo, she also pursued a master's in epidemiology. She shares her journey excelling both in academics and athletics.

Two Time Pulitzer Winner T.J. Stiles on Cornelius Vanderbilt & American Business

T.J. Stiles delves into the life of America’s first tycoon, Cornelius Vanderbilt, exploring his rise to historic wealth in steamboats, shipping, and railroads. He discusses Vanderbilt's legal battles, philanthropy, and enduring legacy, exploring his business competitiveness and wide impact on 19th-century America’s economy.

Smith College’s Carol Zaleski on The Lord of the Rings & Narnia

Prof. Carol Zaleski discusses the literary impact of the Inklings, focusing on J.R.R. Tolkien and C.S. Lewis, exploring their lives, works, and enduring moral contributions in today's cultural landscape.