Individuals with Disabilities Education Act (IDEA): Possible Voucher Issues

Publication Date: April 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

Type:

Abstract:

The 108th Congress is considering reauthorization of the Individuals with Disabilities Education Act (IDEA) program (the main federal program providing special education and related services to children with disabilities). Proposals that would provide increased parental choice under IDEA are likely to be debated during reauthorization.

This report provides background on current federal choice programs and on the Florida McKay Scholarship program, which provides scholarships for children with disabilities who are enrolled in the state's public schools to attend other public schools or to attend participating private schools. It also describes and analyzes legislation introduced in the 108th Congress (e.g., H.R. 1373) that would authorize school voucher programs under the IDEA. The report concludes with a discussion of possible issues that a federal special education voucher program might raise.

Congressional consideration of school choice is not new. The No Child Left Behind Act (P.L. 107-110), amended and reauthorized the Elementary and Secondary Education Act (ESEA), to contain several provisions to maintain and expand federal support of school choice for pupils and their families. For example, the ESEA requires that students attending schools identified as needing improvement be provided with the option of transferring to another school in the school district, consistent with state law.

States and localities also operate school choice programs. The Florida McKay Scholarship program provides school choice opportunities specifically for children with disabilities. The program offers parents of children with disabilities the opportunity to transfer their child to another public school or to enroll him or her in a participating private school if they are not satisfied with their child's educational progress. The scholarship amount is the lesser of the tuition and fees of the private school, or the amount of state funds the student would have generated if attending a Florida public school. If the value of the scholarship is insufficient to cover the full cost of the tuition of the private school, parents are permitted to contribute funds to cover the shortfall. Over 8,000 students and more than 450 schools currently participate in the program.

Proponents and opponents of voucher programs raise a number of important issues, such as whether expanded school choices and the increased competition that vouchers might engender would improve or weaken public education. A federal voucher program for children with disabilities might raise additional issues. Perhaps the key set of issues is the degree to which the rights and obligations conferred by IDEA would continue to be provided by private schools accepting federal special education vouchers.