Critics of Tennessee’s school voucher program worry that it leaves kids with disabilities behind

Backers of the new school voucher program promised that it would expand school choice for Tennessee families. But critics worry the program leaves students with disabilities behind.

The controversial statewide voucher program – called Education Freedom Scholarships – lets families use taxpayer funds to offset the costs of attending private school. Nashville-based disability advocate, Zoe Jamail, warns that kids with disabilities will lose some protections when using these vouchers.

“What we know is that a private school, unlike a public school, doesn’t have to admit a student with a disability,” she told WPLN News. “So right off the bat, we have a problem in terms of access.”

Students with disabilities who accept a voucher forfeit their rights under the Individuals with Disabilities Education Act — the federal mandate for a free, appropriate public education. This includes a right to an individualized education plan (IEP), which is a plan tailored to a student’s specific needs.

This presents another problem, Jamail said, by causing some students to have to spend time outside the classroom go get their needs met.

“A young person might have to go off campus to receive some of that tutoring or one- on-one support that they would otherwise get for free in the classroom in a public school,” she said.

Some lawmakers requested more protection for students with disabilities when the voucher program was up for a vote during the special session in January.

Representative Chris Hurt, R-Halls, introduced an amendment to prevent private schools that accept vouchers from discriminating against kids with disabilities.

Lawmakers voted down that language. One of the bill’s sponsors, House Majority Leader William Lamberth, R-Portland, took issue with the word discriminate. He expressed concerned that it would preclude schools from asking what disability a student has before admitting them.

Hurt disagreed.

“Members, we should have no problem with the word discriminate being put in a bill to protect students with special needs,” he said on the House floor.

The Tennessee Department of Education isn’t tracking how many students with disabilities are now using vouchers — making it hard to determine the full scope of how the program is affecting these students.