This morning, House
Bill 2238 was reported from the Senate Finance Committee with a reenactment
clause. This legislation, sponsored by Delegate LaRock, would allow parents of
students with disabilities, some of whom may never have been enrolled in public
schools, to receive 90% of the state SOQ per pupil funding which would be
placed in a Parental Choice Education Savings Account. Those state funds could
then be used by the parent to send the student to private school, for
homeschooling, or to pay for certain other services for the child. There is no
requirement that this state money be used to provide special education services
for these children.
In HB2238, the parent signs a waiver that releases the local school division of all obligations to educate the student. Under IDEA and Section 504, the school division cannot be released from its obligation to provide a free and appropriate education. Regardless of a parent signing a waiver, local school divisions are ultimately responsible for the education of a child under federal law. Courts have held that this responsibility cannot be waived.
In HB2238, the parent signs a waiver that releases the local school division of all obligations to educate the student. Under IDEA and Section 504, the school division cannot be released from its obligation to provide a free and appropriate education. Regardless of a parent signing a waiver, local school divisions are ultimately responsible for the education of a child under federal law. Courts have held that this responsibility cannot be waived.
- The bill also places a major administrative burden
on local school divisions to collect, verify and audit receipts and
invoices, submitted by the parent. School divisions are not provided and
funds to perform these functions. Consequently, already limited funding
will have to be used to perform these functions, which have nothing to do with
the education of our students.
- HB2238 only requires that the child has been
identified as having a disability and is receiving or is eligible to
receive special education services and has attended a public school for
half of the school year. At that point, the parents may remove the child
and apply for the funds regardless whether the child was receiving an
appropriate education from the local school division. Currently, §
22.1-214 outlines a process by which a parent can dispute a program
placement. If the school division is found to not have provided an
appropriate education under current law, the local school division may be
required to send the child to a private school to fulfill the IEP.
- While private school students, who are not receiving
the Educational Improvement Scholarship Tax Credit cannot apply for the
funds, homeschool students or students who claim religious exemption can
apply by simply enrolling in a public school for half of the school
year.
- Removing a few students from a local school division
does not necessarily reduce overall operating costs, including the need
for teachers, buses or other infrastructure. It simply raises the per
pupil costs.
Thank you for your attention to this urgent action alert.
