When parents enroll their child in school, most would say they are doing it for their child to get a good education. Many may say they are also looking at the school as a place for their child to learn how to get along with others, learn to follow rules, and learn to socialize. In other words, most parents see schools as both a primary source of “book learning” and as a place where their child can develop other skills that will help prepare them for adulthood.
Parents of a child with a disability have a more complicated set of factors to consider when choosing a school for their child. The Kentucky Department of Education reported for the 2022-2023 school year that 1 in 6 Kentucky students (17.3%) have a disability. These disabilities can be one or a combination of: developmental, intellectual, sensory, mobility, learning, social, and/or emotional challenges. School is a place for education and skill development that must meet that student’s particular needs. Federal law – theIndividuals with Disabilities Education Act (IDEA) – requires all public schools to do that. The student with a disability has a prescribed set of special services, accommodations, and protections spelled out in an Individualized Educational Plan (IEP) or a 504Plan which the public schools are required to implement. For these students, school provides an education that allows development of learning skills and achievement to the best of the student’s ability.
Constitutional Amendment #2, which will be on the November 5th ballot, would allow state funding to be allocated to private schools for the first time in Kentucky. Parents are being told that they will have “school choice” if they vote Yes on the amendment. But what kinds of choices are being offered and where are they available? Ky Center for Economic Policy’s report shows that 37% of Kentucky counties have at least one private school. So if you live in one of those counties, you could conceivably choose a private school and then apply for funding to help you pay some – but probably not all –of that school’s tuition. What you likely give up would be free transportation to and from school, access to breakfast and lunch, and an array of resources such as school mental health professionals, a robust suicide-prevention program, health screenings and other services regularly offered in Kentucky’s public schools.
If you are the parent of a child with a disability, you could be giving up much, much more. Private schools are not required to provide educational and other services spelled out in an IEP or 504 Plan. In fact, enrolling your child with a disability in a private school essentially waives your child’s right to these educational services. Private schools are not required to follow state and federal anti-discrimination regulations that protect students with disabilities. They can cherry-pick students they choose to enroll, oftentimes denying admission to students with higher needs or not retaining them for the entire school year. If a student’s parent has a conflict with the private school, they don’t have access to the Dispute ResolutionProcess that can include mediation, a due process hearing and/or formal complaint afforded to them if the student attends a public school.
If you live in the majority (63%) of Kentucky counties without a private school, voting Yes on the amendment won’t give you a choice because there is none where you live. Unfortunately, if the Yes votes win in November, there will likely be a decrease in the current state funding level for our public schools. Keep in mind that in the 2024 Kentucky budget session, public school districts were left without funding for teachers’ raises, to meet full transportation costs and to address needs in other important areas.
Creating “choice” costs money at the expense of taxpayers and public schools. In many states, private school funding is in the billions of dollars…and growing. If Amendment #2 passes, there will be significant funding shortfalls in our public schools, particularly those in rural areas that do not have the property tax base to make up the difference. Not only would parents not have choices, their public schools will likely be less able to meet the needs of all students.
Parents and all voters do have a choice on November 5th, but this is a “buyer beware” situation. Contrast the requirements and accountability standards public schools have to meet with the lack of requirements and accountability for the private schools. A NO vote on Amendment #2 will protect Kentucky’s public school system from disastrous losses of revenue needed to maintain and grow all of the good things that our public schools do – providing a solid education, making available health and mental health resources, meeting the needs of students with disabilities, and preparing ALL students for the future.
This opinion piece was originally published by the Lexington Herald-Leader here. Header image is courtesy of the Lexington Herald-Leader.
Dr. Sheila Schuster is a licensed psychologist who has been advocating in Frankfort for over four decades on behalf ofKentuckians with behavioral health issues, disabilities, or lack of access to health care and services. Isabella Edghill is a Senior at duPont Manual High School in Louisville, Opinion Editor of the Manual RedEye, a member of theKY Student Voice Team and a product of 12+ years of public school education.
