Coalition Statement

DeMint Voucher Proposal

Education Reform Subcommittee
Committee on Education and the Workforce
U.S. House of Representatives
Washington, DC 20515

Dear Representative:

The undersigned education, disability, religious, civil rights and civil liberties, labor and other advocacy organizations write to urge this Subcommittee to reject any effort to include H.R. 1373, the "IDEA Parental Choice Act," as an amendment to the Individuals with Disabilities Education Act (IDEA).

The DeMint voucher proposal undermines public accountability.
One of the basic underpinnings of the No Child Left Behind Act (NCLB), was that the federal government would expect greater accountability from states and local school districts. H.R. 1373 would undermine this cornerstone of education reform by providing funding to private schools that would not be held to any of the accountability measures of NCLB. For example, under H.R. 1373, private schools accepting the proposed vouchers would not be required to administer annual assessments, publicly report on student achievement, give parents individual, descriptive reports on their children's yearly progress toward proficiency in reading and math, or employ highly qualified teachers. Public schools must meet all of these requirements and more.

The DeMint voucher proposal would not improve student achievement.
It would be inappropriate to fund any voucher program, since they lack scientific, research-based evidence of effectiveness. Under the McKay voucher program in Florida, for example (which under H.R. 1373 would be permitted to supplement state funds with federal IDEA funds), the state evades responsibility for the academic achievement of voucher students. The only recourse parents have if a private school fails to provide appropriate education or special services is to transfer their child to another school.

The DeMint voucher proposal threatens students' and parental rights. Under the Individuals with Disabilities Education Act (IDEA), local school districts can place children with disabilities in private schools if the local school district is unable to meet the child's Individual Education Program (IEP). In those cases, the child must receive a program of special education and related services at the private school at no cost to the parents. This placement decision is arrived at by a collective decision of the child's IEP team, which includes the child's parents, educators, and related services providers (where appropriate). As a result of this agreement, the child and his or her parents have all the rights that they would have if the child were served by a public school. In other words, because authority remains with the school district to ensure that the child receives the needed services, public accountability is retained and parental rights are preserved. Under H.R. 1373, no such accountability for the preservation of student and parental rights by private schools can be assured.

The DeMint voucher proposal undermines children's IDEA rights.
The bill claims that once a private school has accepted the voucher, it is "deemed, for both the programs and services delivered to the child, to be providing a free appropriate public education and to be in compliance with . . . the Rehabilitation Act of 1973 (29 U.S.C. 794)." However, the U.S. Department of Education's Office of Civil Rights has decided that parents who accept a voucher give up their rights to a "free appropriate public education" when they opt to send their child to a private school under a voucher program. In other words, participating private schools could be deemed legally in compliance with both IDEA and the Rehabilitation Act, and yet not be required to fulfill the requirements of either law, and neither the parents nor the public would have recourse to challenge a denial of services or failure to accommodate a child with disabilities.

The DeMint voucher proposal undermines civil rights.
H.R. 1373 is also silent on the question of whether private schools accepting federal dollars must comply with other civil rights laws. While it would prohibit participating private schools from discriminating against students on the basis of race, color, or national origin, it is silent regarding employment discrimination on the basis of religion, gender, and disability.

The original purposes of IDEA, reiterated in the reauthorization proposed by Reps. Castle and Boehner (HR 1350), are to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services in the least restrictive environment, and to ensure that the rights of children with disabilities and parents of such children are protected. The undersigned groups urge you to respect that original purpose and the principles of NCLB, and reject efforts, such as the DeMint voucher proposal, that contradict and undermine them.

Sincerely,

American Art Therapy Association
American Association of School Administrators
American Association of University Women
American Federation of Teachers
The Arc of the U.S.
Association of University Centers on Disabilities (formerly American Association of University Affiliated Programs)
Council of the Great City Schools
Council for Exceptional Children
Council for Learning Disabilities
Division for Learning Disabilities
Easter Seals
Federation of Families for Children's Mental Health
Higher Education Consortium for Special Education
International Reading Association
Learning Disabilities Association of America
Leadership Conference on Civil Rights
National Alliance of Black School Educators
National Association of Elementary School Principals
National Association of Protection and Advocacy Systems
National Association of School Psychologists
National Association of Secondary School Principals
National Association of Social Workers
National Association of State Directors of Special Education
National Education Association
National PTA
National School Boards Association
New York State Education Department
People For the American Way
School Social Work Association of America
Teacher Education Division of the Council for Exceptional Children.
United Cerebral Palsy Associations (UCP)

Coalition Statements