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:

Lauren Redniss on Marie Curie, STEM, & Women’s History

0 Comments
/
This week on The Learning Curve, Cara and Gerard mark Women's History Month with Lauren Redniss, author of Radioactive: Marie & Pierre Curie: A Tale of Love and Fallout, the first work of visual nonfiction to be named a finalist for the National Book Award.

“The Last Candid Man”: B.U.’s Dr. John Silber

0 Comments
/
This week on The Learning Curve, Cara and Gerard talk with Rachel Silber Devlin about her memoir, Snapshots of My Father, John Silber, which captures the wide-ranging and remarkable life of the late philosopher, teacher, and president of Boston University.

OECD’s Andreas Schleicher on PISA & K-12 Global Education

0 Comments
/
This week on The Learning Curve, Andreas Schleicher, Director for Education and Skills at the Organisation for Economic Co-operation and Development (OECD), discusses global K-12 education, skills, and competition.

India Unbound: Gurcharan Das on the Rise of the World’s Largest Free-Market Democracy

0 Comments
/
This week on The Learning Curve, Gurcharan Das, author, public intellectual, and former CEO of Procter & Gamble India, discusses the rise of India since independence to become a thriving, incredibly diverse nation of 1.4 billion people—the world's largest free-market democracy.

Dr. Deborah Plant on Zora Neale Hurston’s Barracoon: The Story of the Last “Black Cargo”

0 Comments
/
This week on The Learning Curve, Dr. Deborah Plant, editor of the 2018 book Barracoon: The Story of the Last “Black Cargo" discusses Zora Neale Hurston's work as an anthropologist telling the story of one of the last survivors of the infamous Middle Passage.

George Weigel Discusses Pope St. John Paul II for National Catholic Schools Week

0 Comments
/
This week on The Learning Curve, George Weigel, the biographer of Pope St. John Paul II explores how Karol Wojtyla's education, deep faith, and experiences during World War II shaped his life as a spiritual leader and helped lead to the fall of Communism.

Award-Winning UK Author & Filmmaker Laurence Rees on the Holocaust, Auschwitz, and Remembrance

0 Comments
/
To mark International Holocaust Remembrance Day, Laurence Rees, a former head of BBC TV History Programmes and author of The Holocaust: A New History, sheds light on Germany in the 1920s and 1930s and the cultural and political conditions that led to the Holocaust.

D.C.’s Kevin Chavous on National School Choice Week

0 Comments
/
This week on The Learning Curve, Cara and Gerard talk with Kevin Chavous, president of Stride K12, Inc. and a former member of the Council of the District of Columbia, on the growing movement toward school choice in education. Chavous discusses recent Supreme Court rulings and the expansion of school choice programs, education savings accounts, and vouchers.

Pulitzer Winner Prof. David Garrow on the Rev. Dr. Martin Luther King, Jr. and the Civil Rights Movement

0 Comments
/
https://chrt.fm/track/4655F8/api.spreaker.com/download/episode/53284998/tlc_davidgarrow.mp3 This…

Independent Institute’s Dr. Richard Vedder on Higher Education, Skyrocketing Tuitions, & the Student Debt Crisis

This week on “The Learning Curve," co-hosts Cara Candal and Gerard Robinson talk with Dr. Richard Vedder, Senior Fellow at the Independent Institute and Distinguished Emeritus Professor of Economics at Ohio University. He shares analysis on the macro impact of COVID on the U.S. labor market, and the long-term economic prospects of American college students. He reviews insights from his recent book, "Restoring the Promise: Higher Education in America."

Columbia’s Prof. Roosevelt Montás on the Great Books & a Liberal Arts Education

Professor Roosevelt Montás, Director of the Freedom and Citizenship Program at Columbia University, and author of Rescuing Socrates: How the Great Books Changed My Life and Why They Matter for a New Generation, shares his immigrant story and what inspired his appreciation for the Great Books tradition.

UK’s Prof. Michael Slater on Charles Dickens, Ebenezer Scrooge, and A Christmas Carol

This week on “The Learning Curve," co-host Gerard Robinson and guest co-host Mary Connaughton talk with Prof. Michael Slater, Emeritus Professor of Victorian Literature at Birkbeck College, University of London, and the world's foremost expert on Charles Dickens and his works. They discuss some of the main elements of Dickens’ brilliant, prolific, and complicated life, as the 19th century’s most influential, best-selling writer of memorable works, from Oliver Twist to Great Expectations.