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New Laws Increase Options for Parents of Special Needs Students

State lawmakers across the U.S. are considering and passing legislation that would expand educational offerings to students with special needs.

This year 15 states considered bills to create or expand school voucher and scholarship tax credit programs that empower parents of students with special needs to select the best schools for their children. If passed, these measures will offer educational choices to thousands of children across the country.

“Children with disabilities must receive an education that meets their individual needs,” said Betsy DeVos, chairman of the American Federation for Children. “Tens of thousands of children across the country will have the opportunity to thrive in the schools of their parents’ choice if these programs are passed and enacted.”

Summary of Legislation

Eleven states and the U.S. Congress passed school choice legislation between January and June 2011:

  • Indiana passed the nation’s most expansive school voucher program.
  • In Washington, D.C., Congress reauthorized and expanded the highly successful D.C. Opportunity Scholarship Program.
  • Ohio expanded eligibility for EdChoice vouchers and created a new scholarship program for children with special needs.
  • Wisconsin dramatically expanded the nation’s longest-running school choice program.
  • Arizona passed the nation’s first Education Savings Account legislation, which will benefit children with special needs.
  • Florida expanded its corporate scholarship tax credit program.
  • Georgia strengthened and expanded its corporate and individual scholarship tax credit program.
  • North Carolina enacted a tax credit program for children with special needs.
  • In Colorado, the Douglas County School Board created a local school voucher program.
  • Iowa expanded funding for its scholarship tax credit program.
  • Oklahoma created a new scholarship tax credit program.
  • Utah increased funding for the state’s Carson Smith Special Needs Scholarship Program.

Source: American Federation
for Children

School voucher and scholarship tax credit programs for children with special needs are highly successful and popular among parents. Currently, seven such programs are serving nearly 25,000 children in Arizona, Florida, Georgia, Louisiana, Ohio, Oklahoma and Utah. 

In 2011, 12 states (Connecticut, Mississippi, Missouri, New Mexico, New York, Ohio, Oregon, South Carolina, Tennessee, Texas, West Virginia and Wisconsin) proposed legislation to create new school voucher, opportunity scholarship, or scholarship tax credit programs for children with special needs.

In Wisconsin, for example, a bipartisan team of legislators sought to create a statewide scholarship program for children with special needs, modeled after the landmark McKay Scholarships for Students with Disabilities program in Florida.

Florida lawmakers are also being proactive, having passed legislation to expand the McKay program. Once signed by the governor, the bill will expand the program to include students who have an accommodation plan issued under federal law.

Federally, the U.S. House of Representatives Armed Services Committee considered legislation to provide special needs scholarships for children in military families.

Already in 2011, two states have passed significant new special needs scholarship programs or expansions.

In Arizona, legislators developed, and the governor signed, the nation’s first-ever education savings account program for children with special needs. The Arizona Empowerment Scholarship Account program will allow participating families to receive 90 percent of the per-pupil funding to use on a variety of educational options, including: tutoring, online education, testing fees, college courses and textbooks. Any unused funds after high school graduation can be used for college tuition. 

In Utah, legislation passed that increases the ongoing appropriation by $538,200 for the Carson Smith Special Need Scholarship program, allowing additional students to participate in the program. Demand is so high that a lottery system is now in place for participation in the program. A recent legislative audit conducted by the state of Utah showed that the program has a parental satisfaction rate of 100 percent.  

 

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