MILWAUKEE – Wisconsin public schools receive special government funding to accommodate special needs students.
Wisconsin private schools that that accept state vouchers to enroll low-income students do not receive any extra money to accommodate special needs students.
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Yet anti-voucher forces in Wisconsin are complaining because U.S. Sen. Ron Johnson, a Wisconsin Republican, has introduced a budget amendment in Congress that would prohibit the U.S. Department of Justice from one again trying to force private voucher schools to follow the guidelines of Title II of the Americans with Disabilities Act.
Title II specifies that public schools must make necessary physical and academic adjustments to properly accommodate special needs students. The law does not say that private schools that accept government vouchers must follow Title II.
That makes sense, because voucher schools receive far less government money for each voucher student they enroll than public schools receive for every one of their students.
And – once again – the voucher schools, unlike public schools, receive no extra funds to cover the considerable costs of accommodating special needs students.
As the Milwaukee Journal Sentinel explained it, “Private schools that participate in the Milwaukee voucher program cannot deny students admission on the basis of a disability. But because voucher schools are private institutions, they are not legally bound to offer the same range of special education services or physical accommodations that public schools must provide under federal law. Voucher schools receive no federal funds for special education services, and must obtain those services through the local school district.”
Yet that didn’t stop the Obama administration’s Justice Department from trying to use the ADA law to attack voucher schools, anyway.
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In 2011, the Justice Department opened an investigation of the private voucher schools in the Milwaukee Parental Choice Program, based on allegations from several liberal groups that the schools excluded or failed to properly serve special needs students.
The DOJ quietly ended that investigation last December “with no findings of significant wrongdoing,” according to a report in the Milwaukee Journal Sentinel.
That means that the voucher schools were not violating Title II of the ADA – even though they were never required to follow it in the first place.
That led many to suspect that the Obama administration – which believes in forcing students to attend local public schools, and opposes private school vouchers that allow children to leave public schools – used the investigation to harm or even close the Milwaukee voucher schools.
Johnson’s amendment is simply designed to keep the Justice Department from embarking on that type of unfounded witch hunt again.
“The Obama Justice Department’s investigation was never about protecting kids; it was about the federal government attempting to destroy Wisconsin’s school choice program by forcing schools to provide services for which they receive no funding,” wrote Rick Esenberg, president and general counsel of the Wisconsin Institute for Law and Liberty, in a recent op-ed published by the Journal Sentinel.


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