Last week, the Wisconsin Reporter reported that the United States Department of Justice is still conducting an “ongoing investigation” into whether Wisconsin’s private-school choice program discriminates against children with disabilities and, as a result, violates federal disability law.
In 2011, the American Civil Liberties Union (ACLU) filed a complaint with the Justice Department accusing the Wisconsin school-choice program—as well as two private schools in the program—of discriminating against children with disabilities. In April 2013, the Civil Rights Division of the Justice Department sent a letter and legal memo to the state of Wisconsin accusing the school-choice program of violating the Americans with Disabilities Act (ADA). They concluded that unless Wisconsin drastically changes its choice program, the United States will take legal action.
Among its numerous demands, the Justice Department wants private choice schools to be forced to adjust their programming to accommodate all children with disabilities, so long as the accommodation does not “fundamentally alter” the school (an extremely onerous legal standard). Federal disability law, as traditionally interpreted by the U.S. Department of Education, applies a different, less exacting standard to private schools in the choice program. Private schools must only make “minor adjustments” to accommodate students with disabilities. Given that private schools do not receive the same government funding for special education as public schools and may wish to take distinctive approaches to students with behavioral problems, this is perfectly appropriate.
Via Alan Borsuk.
Much more on vouchers, here.