Too many children with learning disabilities do not receive the education and services they need.
More than 30 years after Congress passed the Individuals with Disabilities Education Act (IDEA), achieving the law’s goals of restoring parental control over children’s education and guaranteeing services for special-needs students in public schools remains elusive.
A number of states implemented policies to fulfill the IDEA’s intentions by alternative means. Scholarship programs succeed in making it possible for parents in Florida, Ohio, Utah and Arizona to place disabled children in alternative schools. Citywide projects flourish in Milwaukee and Cleveland, despite strong-arm legal tactics by opponents designed to stop or diminish their effectiveness.
In Kentucky, a prefiled bill by Lexington Rep. Stan Lee would not only make the commonwealth the fifth state to offer such scholarships, it would also be the Bluegrass State’s first statewide school-choice program controlled by parents.
State law currently allows special-needs students to attend schools providing educational services not available in their resident district schools. However, this system is largely ineffective and relatively few students participate because school districts – not parents – control the process.
To move a child from an unsuitable public school, parents must open a complicated process wrapped in red tape and without any assurances. They must be prepared to fight – and even sue – local school districts that have both administrative means and economic motives for keeping students within their boundaries.
This constant specter of controversy and litigation has created an atmosphere in which paperwork comes before pupils and bureaucracy increases at all levels. Through his scholarship proposal that would require no tax increases or additional education funding, Lee’s program would offer parents a way around the courtroom instead of through it.
A body of evidence suggests that Kentucky’s special-education situation is serious … and worsening. For example, during the 2005-06

