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New voucher program for dyslexic students deserves a look

Mississippi recently became the first state in the nation to adopt a public and private school choice program in which state and federal monies are provided directly to schools which parents choose. Aimed at students with dyslexia, it’s also the second special needs school choice program in the country designed for children with a single type of disability. (Ohio’s Autism Scholarship Program enacted in 2003 was the first.)

What makes this new program interesting is that it may be a starting point for other state legislatures where special needs voucher bills have failed due to concerns about parent accountability – Wisconsin comes to mind – or where special needs voucher laws have come under increased scrutiny due to reports of private school abuse of public money – Florida comes to mind. 

Mississippi’s program morphed from a dyslexia screening and treatment bill (supported by a governor who struggled with the learning disorder) into a school choice measure during the proverbial sausage-making legislative process. It’s not as carefully or as broadly designed as it could have been. It also appears there’s currently only one school in the state which is specialized enough to meet the exceedingly specific criteria to participate. But nonetheless, it succeeds in incentivizing the growth of more highly-accountable school options for parents.

Under the law, a parent of a child in grades 1 through 6 who has “dyslexia” (a specific learning disability which negatively impacts progress in reading) can access the scholarship in one of three ways: A) Getting his or her child screened and diagnosed with dyslexia in public school the prior year; B) Applying for the scholarship after spending the prior year as a student in a private school “which emphasizes instruction in dyslexia intervention;” or C) Getting his or her child admitted to a private school that is a state accredited “special purpose school” which is eligible to participate in the Mississippi Dyslexia Therapy Scholarship program. 

Though the amount of the scholarship (which never reaches the hands of the parents) is limited to the Mississippi Adequate Education Program base student cost (about $5,000 per year), more public funds will flow to participating private schools because the state will provide “the proportionate share of monies generated under federal and state categorical aid programs to the participating school.” So, unlike the Romney education plan, which proposes that federal special education funds travel with kids to private schools, Mississippi’s program simply disburses those funds directly to the private schools. That provision of the Mississippi law would presumably exclude religious schools from participating in the program because under Zelman the state cannot directly fund such schools.

In exchange for these state and federal funds, participating private schools arguably become agents of the state – which will likely result in a host of unintended liability issues. For example, in public and private schools participating in the program, the state may extend the day or length of the school year; mandate curriculum in subject areas in addition to reading instruction, which is very clearly circumscribed by the law; and mandate the qualifications/licensure of certain school personnel. In addition, private schools must annually file a financial audit report and management letter with the state and presumably, though it is not addressed specifically in the law, administer the state standardized achievement test to their students. 

In my post on redefinED last month, I argued for greater testing accountability for Florida’s McKay Scholarship for Students with Disabilities. Mississippi’s program requires regulations of private schools way beyond what I believe is necessary to provide informed school choice and accountability to parents. But it is a unique model which deserves attention from policy makers, particularly in the special needs school choice arena.

Allison Hertog

About Allison Hertog

Allison Hertog is a member of the Step Up for Students governance board and is the founding attorney of Florida School Partners, a private law firm whose mission is to help parents access the right placement - public or private - for their special needs children. Allison, who is one of only a handful of lawyers in the country with a masters degree in special education, has long been an advocate of school choice and has gained particular expertise in Florida's groundbreaking McKay Scholarship - a special needs voucher for students with disabilities. She has worked with the U.S. Congress and has spoken nationally about special education law and special needs vouchers. She graduated from Smith College, Columbia University's Teachers College, and the Loyola Law School of Los Angeles.

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2 Responses to New voucher program for dyslexic students deserves a look

  1. Mark Halpert July 3, 2012 at 3:31 pm #

    I agree with Allison that school choice options, especially for students with disabilities adds value. We need to be careful that these laws do not over prescribe exactly what needs to be done, but rather focuses on results. The Florida McKay Scholarship requires neither a specialized program, nor does it have any academic accountability.

    We need to encourage choice with accountability and freedom to innovate. Getting that balance right requires real effort, but our kids are worth it.

  2. Diane July 3, 2012 at 11:22 pm #

    YIKES! I am confused by support for an idea which basically has no known data behind it of a worthwhile nature, imho. It seems to me that Mr. Halpert is quite pleased to have Florida’s ESE population tested by the generally age placement based FCAT. As I see it , that is a flag for inappropriate match of student to test. This match does, howeve,r provide for political wills to prevail.
    The amazing unfounded belief that adding high stakes to a child will increase achievement is also problematic and in conflict with major research findings. The confidence in the A+ Plan is equally concerning.
    So let’s see…..I have addressed inappropriate testing practice, broken accountabiity being given unearned credence, and now for my next topic….IEPS.
    Certainly, Ms. H is well aware of the incredible power granted to the parents of children with an iep and the incredible accountability an IEP can provide. Why is the dynamite of an IEP being ignored as if ESE students are floating around unprotected when nothing could be farther from the truth? How political is it to ignore this and move to uncharted territories? Vouchers are no miracles. Ask Milwaukee after 20 years. Ask Chile.

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