Special Need Students in the Struggle for the Character of Schooling in America

Abstract

One of the most contentious issues over American educational reform is government sponsorship of school vouchers and tax credits in elementary and secondary education. Voucher advocates have long believed that public schools have little interest in education reform which diminishes its monopolistic position in the public education enterprise which effectuates a system of escalating cost, inefficiencies, and unacceptable student performance. Also, they claim that in a nation historically devoted to free enterprise and equal education opportunity, the expansion of school choice opportunity is a natural progression. Conversely, voucher opponents posit that such programs are not only unconstitutional, but would also redirect valuable resources away from schools serving students with the greatest need. They view voucher policy as highly divisive in that it fosters government entanglement with churches and serves as a catalyst for the re-segregation of public schools, further amplifying educational inequality. High-profile public battles over school vouchers in the United States have mainly focused on poor and minority children served by public schools in large urban areas. On the other hand, school choice for special need students, though expanding significantly, has not received as much attention. This article reviews the legal history of private contracting for special education services, describes the current choice programs for students with disabilities, recounts the legal challenges, discusses policy implications, and considers its formulation in the context of the largest levels of inequality in American History.