Abstract
This article examines legal issues surrounding the delivery of special education to children whose parents have voluntarily enrolled them in Catholic schools. In so doing, the article reviews the Individuals with Disabilities Act (IDEA), its regulations, and case law over the extent to which special education must be provided, the way in which it is delivered, and the quality of services that students in Catholic schools receive. The final portion of the article addresses questions about the delivery of special education in Catholic schools, including guidelines for implementing the new provisions in the IDEA in a manner that avoids running afoul of the Establishment Clause.
Highlights
Recommended CitationSince the Individuals with Disabilities Education Act (IDEA), originally named the Education for All Handicapped Children Act, became law in 1975, questions remain over whether, or to what extent, it applies to students whose parents voluntarily enrolled them in religiously affiliated nonpublic schools, most notably Catholic schools
THE DELIVERY OF SPECIAL EDUCATION SERVICES IN CATHOLIC SCHOOLS: ONE HAND GIVES, THE OTHER HAND TAKES AWAY
As significant as the litigation surrounding the Individuals with Disabilities Education Act (IDEA) has been, there are at least four important issues in need of further clarification about the delivery of special education for children in Catholic schools: whether services must be provided to all students whose parents voluntarily enroll them in religious schools; whether public school officials have discretion over where and how services are delivered; whether districts must offer services to children whose parents voluntarily enroll them in religious schools; and whether there are specific safeguards that public school administrators must put in place pursuant to the delivery of special education services to children in religious schools
Summary
Since the IDEA, originally named the Education for All Handicapped Children Act, became law in 1975, questions remain over whether, or to what extent, it applies to students whose parents voluntarily enrolled them in religiously affiliated nonpublic schools, most notably Catholic schools. From the point of view of those who are interested in Catholic education, the landscape began to evolve when two Supreme Court cases lifted the ban against the on-site delivery of services to students who attended religiously affiliated nonpublic schools Additional change occurred in 1997 when Congressional reauthorization of the IDEA included provisions further clarifying the obligations of public school systems to provide special education and related services to students in nonpublic schools. The statutory provisions detailing the duties of school districts to offer special education to students in nonpublic schools are examined
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