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Lawsuit Announced Over Special Needs Open Enrollment; Links to Special Needs Vouchers
By Wisconsin School Administrators Alliance staff | November 20, 2014
From WisPolitics:
A conservative legal group yesterday announced a lawsuit over the state’s open enrollment program, which it says discriminates against children with disabilities.
The complaint — filed Tuesday in the western Wisconsin federal district court by the Wisconsin Institute for Law and Liberty — argues more than 1,000 disabled children applying for open enrollment were denied in the 2013-2014 academic year “solely on the basis of their disability.” The group alleges current state law violates federal disability law and is unconstitutional under the 14th Amendment’s equal protection clause.
“Wisconsin’s open enrollment program gives parents the freedom to find a public school that best meets their child’s individualized needs,” said WILL Education Policy Director CJ Szafir. “All children, regardless of whether they have a disability, deserve equal access to this program.”
WILL says it represents four children with disabilities who were denied open enrollment; three of the districts to deny those applications — Elkhorn, Greendale and Muskego-Norway — are named in the lawsuit, along with state Superintendent Tony Evers and the Department of Public Instruction.
Backers of legislation to create a scholarship for special needs students to attend private school, a charter or a school outside the districts they live in say they plan to bring the bill back again next session.
Legislation to create such a scholarship of $13,500 passed the Assembly in 2012, but failed to make it through the Assembly. Gov. Scott Walker then included a version in the 2013-15 budget he proposed that would allow up to 5 percent of the state’s special education students enroll in a private, charter or public school at no cost, but it was pulled by opponents.
A separate bill sponsored by Rep. John Jagler, R-Watertown, and Sen. Leah Vukmir, received hearings in both houses last session, but did not receive a vote. It would allow students to qualify for the scholarships if they meet certain criteria, including applying to attend another public school through open enrollment, but being denied.
“I’m confident with the changing landscape in both houses that we’ll be able to get it done this time,” Jagler said. “Unfortunately, the families that are affected by this have had to wait another year.”
Teachers unions have general opposed the bill, as have some disability rights advocates who fear special needs students who used the scholarships to attend private schools would not receive services that public schools have to provide under federal law.
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