Author: Julie M. Lane, Ed.D.
In 1985, the Supreme Court ruled in Aguilar v. Felton that religiously affiliated schools were no longer to receive funding under Title 1, a law that strove to improve the academic achievement of children who were disadvantaged (Daughtery, 1999). Upon that ruling, the federal government began to question delivery of special education services in religiously affiliated schools. As a result, the reauthorization in 1997 stipulated that “students with disabilities in private and parochial schools do not have the right to receive the same level of services that they would have received had they been enrolled in public schools” (Individuals with Disabilities Education Act (IDEA), § 300.454). Although the law still allowed public schools to provide special education services, the decision was left in the hands of each state and district. This resulted in many public schools completely pulling funding and services to children placed in private and parochial schools by their parents (Daughtery, 1999). Since IDEA’s reauthorization in 1997, state and local districts have continued to either cut back on, or completely discontinue, services to private and parochial school children. Because the federal government has yet to fulfill its original intent of funding 40% of special education state costs, public schools reduced their financial obligations by reducing and/or cutting special education services to children placed in private and parochial schools by their parents.
As stated under the reauthorization of IDEA in 1997, the responsibility as to whether services are provided to a child in a private or parochial school is a decision made by each state or school district. Daugherty (1999) states that public school agencies may then “make their determinations as to the number of private school children with disabilities who will be served, and about the nature and extent of services to be provided” (p. 84). Thus, district professionals maintain the right to elect what services will be provided and to what extent.
In 2004, IDEA was reauthorized yet again (Daggett, 2014; DeFiore, 2006; Doran, 2013; Drang & McLaughlin, 2008; Durow, 2013; Eigenbrood, 2010; Lane & Jones, IP/2015a; Russo, et al., 2011). Although still commonly referred to as IDEA, the Individuals with Disabilities Education Improvement Act (IDEIA) again impacted children who had been placed in private or parochial schools by their parents. As under the original law and previous reauthorizations, children who had been identified for special education assessments were the responsibility of the child’s school of residence. IDEA 2004 changed the responsibility to the public school district in which the private school is located.
What we know is that private and parochial school special education program are becoming more and more available to families and children across the United States. In a recent review of research that has been published since 2000, more and more schools are actively providing a variety of levels of programming, finding creative way to off-set costs, and fulfill the needs of all family members within their schools.
In addition, parents continue to look for alternatives outside the public sector. Children are being enrolled in private and parochial schools due to the small student population and class size, a safer and more caring environment, and in hopes of finding educational success for their child (Bartholio, 2020; Blackette, 2011; Blackwell & Robinson, 2017; Boyle & Hernandez, 2016; Burke, & Griffin, 2016; Cookson & Smith, 2011; Crowley & Wall, 2007; Cunningham et al., 2017; Doran, 2013; Durow, 2013; Eigenbrood, 2005; Lane, 2011/2017; Lane & Jones, I.P/2015a/2015b/2014; Lane & Kinnison, 2014; Lane et al., 2019; Pirner, 2015; Sargeant, 2015; Scanlan & Tichy, 2014; Sopko, 2013; Taylor, 2005). Private and parochial schools are accepting these children for a variety of reasons, including economic.
For private schools – both religious and non-religious – there is no requirement to accept children with disabilities. R-ISE strives to educate and increase the awareness of the need and establishment of such programs so that all children belong. With more than 25 years of experience in assisting private schools throughout the United States, we hope that you will not just recognize the need to fully support families, but that you will take the steps necessary to do so.
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