- The Role of Lawyers in Education Reform
- Education in Context: Schools and Their Connections to Societal Inequalities
- Schooling for Democracy: Past, Present, and Future
- The Constitutionally Anomalous Right to Education
- Developing the Free Mind
- The Shifting Landscape of Education Governance
- Education Federalism: Why It Matters and How the United States Should Restructure It
- Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-giving, and Agency Accountability
- How States Fund Education
- State Constitutional Analysis in School Finance Litigation
- Standards-based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
- Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education
- The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K–12 Schools
- The Muddled Distinction Between <i>De Jure</i> and <i>De Facto</i> Segregation
- School District Boundaries: Consequences and Challenges
- The School-to-Prison Pipeline: How Federal Antidiscrimination Law Fails to Protect Equal Educational Opportunity
- Closing Achievement Gaps through Socioeconomic Integration
- Challenges Facing Immigrant Students
- Educating English Learners
- Sex Discrimination and the Transformation of U.S. Education
- Transgender Students
- Students with Disabilities: A Half-Century of Progress
- Students with Disabilities and School Choice
- Least Restrictive Environment and the Education of Children with Disabilities
- Students’ Individual Rights: Safety and Privacy
- Surveillance and Security Practices in Schools
- Student Privacy and the Law in the Internet Age
- Eighty Years of Students’ Free Speech in Public Schools
- School Jurisdiction over Online Speech
- Religion in the Schools
- School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
- Education in Virtual Environments
- Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and “School Choice”
- Parental Choice and the Future of Faith-based Schools
- Teacher Labor Market Reforms: A Look Ahead to the Next Decade
- Racial and Ethnic Equity in American Public Schools: Looking Ahead
- Equality, Liberty, and Education
Abstract and Keywords
School choice is one of the primary education reforms currently sweeping the United States. School choice systems create unique challenges for students with disabilities and schools of choice in serving such students. While there are a variety of school choice systems, this chapter focuses on three types of school choice models—charter schools, portfolio school districts, and voucher programs—and the unique policy and legal challenges they present for students with disabilities. Specifically, this chapter examines the interplay of these school choice reforms with the United States laws regarding students with disabilities: the Individuals with Education in Disabilities Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act (ADA). The challenges, barriers and problems are examined and solutions are proposed that consider both the laws regarding students with disabilities and the structures of the choice programs.
Keywords: Special education, students with disabilities, Individuals with Disabilities in Education Act, IDEA, Section 504, ADA, Americans with Disabilities Act, School choice, Charter schools, vouchers
Loyola University New Orleans College of Law
Dean and Professor of Law, Georgia State University College of Law
Barton Gilman LLP
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- The Role of Lawyers in Education Reform
- Education in Context: Schools and Their Connections to Societal Inequalities
- Schooling for Democracy: Past, Present, and Future
- The Constitutionally Anomalous Right to Education
- Developing the Free Mind
- The Shifting Landscape of Education Governance
- Education Federalism: Why It Matters and How the United States Should Restructure It
- Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-giving, and Agency Accountability
- How States Fund Education
- State Constitutional Analysis in School Finance Litigation
- Standards-based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
- Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education
- The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K–12 Schools
- The Muddled Distinction Between <i>De Jure</i> and <i>De Facto</i> Segregation
- School District Boundaries: Consequences and Challenges
- The School-to-Prison Pipeline: How Federal Antidiscrimination Law Fails to Protect Equal Educational Opportunity
- Closing Achievement Gaps through Socioeconomic Integration
- Challenges Facing Immigrant Students
- Educating English Learners
- Sex Discrimination and the Transformation of U.S. Education
- Transgender Students
- Students with Disabilities: A Half-Century of Progress
- Students with Disabilities and School Choice
- Least Restrictive Environment and the Education of Children with Disabilities
- Students’ Individual Rights: Safety and Privacy
- Surveillance and Security Practices in Schools
- Student Privacy and the Law in the Internet Age
- Eighty Years of Students’ Free Speech in Public Schools
- School Jurisdiction over Online Speech
- Religion in the Schools
- School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
- Education in Virtual Environments
- Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and “School Choice”
- Parental Choice and the Future of Faith-based Schools
- Teacher Labor Market Reforms: A Look Ahead to the Next Decade
- Racial and Ethnic Equity in American Public Schools: Looking Ahead
- Equality, Liberty, and Education
