On Special Education

Your guide to special education news at the local, state, and national levels

Education Week reporter Christina A. Samuels tracks news and trends of interest to the special education community, including administrators, teachers, and parents. Former Education Week special education reporter Lisa Fine is guest-blogging while Christina is on leave for the 2009-10 academic year.

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Arizona Supreme Court Rejects Special Education Vouchers

Arizona's voucher program for students with disabilities and students in foster care was invalidated today by the state's high court.

The unanimous decision stated that the $5 million program, which I wrote about last June, violates a state law that prohibits state funds from going to private schools.

From today's story from the Associated Press:

Though supporters argued that students and their parents were the true beneficiaries of the programs, the Supreme Court's unanimous ruling said the programs still tripped up against the Constitution's prohibition against appropriating money for private education.


"These programs transfer state funds directly from the state treasury to private schools. That the checks or warrants first pass through the hands of parents is immaterial," Justice Michael D. Ryan wrote.

The full decision can be found here. (pdf)

Early fallout is as expected; the supporters of the program say the decision takes away needed options from families. Opponents, like the Arizona School Boards Association, say that the program was siphoning away state dollars from public schools.

The 350-or-so students who are in the program now do not have to leave their schools immediately; the voucher program will continue to be funded through the rest of this school year.

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Lisa Fine
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