School Choice or School Inequality? Children with Disabilities and the Texas Voucher Debate

For families with children with disabilities, the voucher initiative fails to address their specific needs. The Piñón family, who shared their concerns with The Dallas Morning News, highlighted this often-overlooked issue for both supporters and opponents of the vouchers. They worry the program could drain resources from public schools, which are federally required to provide services for children with disabilities, while private schools, not bound by the same obligations, often lack the necessary resources to accommodate these students.

Public schools in Texas are required by the Individuals with Disabilities Education Act (IDEA) to tailor their services to meet the needs of students with disabilities. In contrast, private schools participating in the voucher program have no such obligation, raising concerns about their ability to provide the level of support these children require. Reports from Disability Rights Texas emphasize that the voucher program could shift vital resources away from public schools, leaving families with fewer options for appropriate education. Important data released by the previous report shows that: 

• Prevalence of Disabilities: With 14% of students receiving special education services, the voucher initiative could shift resources away from public schools, limiting access for a significant portion of students who rely on specialized services.
• Types of Disabilities: Students with Learning Disabilities, Speech Impairment, and Autism require tailored support. It’s unclear whether private schools in the voucher program can meet this range of needs, as public schools have established frameworks, such as Individualized Education Plans (IEPs), to support them.
• Inclusive Education: The fact that 26.36% of students with disabilities spend more than 20% of their education outside regular classrooms underscores the importance of Least Restrictive Environment (LRE) standards. If private institutions accept voucher students, it remains to be seen if they will adhere to LRE standards.
• Individualized Education Plans (IEPs): The introduction of the voucher program could disrupt the process for determining educational placements, leading to inconsistencies in how Free and Appropriate Public Education (FAPE) is provided.
• Legal Framework: While public schools are legally required to provide customized education under IDEA, private schools in the voucher program may not be subject to the same legal obligations, raising concerns about accountability.

While the voucher initiative promises more educational choice, it also risks undermining services for students with disabilities, who require specialized support that public schools are more equipped to provide. Ensuring that private schools participating in the voucher system are prepared to meet these needs is crucial to maintaining equity in special education in Texas.

Families like the Piñóns are caught in the debate. Texas has a history of underfunding special education in public schools, but private schools often aren’t viable for children with disabilities. Those that do cater to special needs often have limited availability. During legislative hearings, lawmakers heard stories of children with disabilities being turned away by private schools. After waiting for hours to testify, Felicita Piñón, daughter of Liz Piñón, was deeply hurt by a dismissive remark from one of them: “She reads.” Implying that, because of her disability or the school system she attended, she was incapable of reading.Piñón believes that “school choice” fails to offer meaningful options for families like hers. Her triplets have attended both public and charter schools. At Crowley ISD, they received necessary therapies, but Felicita faced exclusion from extracurriculars. The family later enrolled their children in an International Leadership of Texas charter school, appreciating its small classes and focus on multilingual skills. Still, Piñón remains a strong advocate for fully funding public schools to serve all children, especially those with special needs.