Disability Organizations Condemn Inclusion of Voucher Bill in House Markup
Washington, DC, Tuesday, May 13, 2025—Today, the House Ways & Means Committee will mark up a budget reconciliation bill that will include a $20 billion proposal diverting public funds to private schools via the Educational Choice for Children Act (ECCA). While the bill includes new language about so-called “protections” for students with disabilities, it is insufficient in providing meaningful, enforceable protections for students with disabilities and their families. The National Center for Learning Disabilities, along with the Council for Exceptional Children, the Center for Learner Equity, and The Arc of the United States, are staunchly opposed to this bill.
Consider this math: ECCA is estimated to fund private school tuition for about 1 million children for $5 billion a year (averaging $5000 per child). By contrast, the Individuals with Disabilities Education Act (IDEA) currently serves 7.5 million children and receives $14.6 billion in federal funding a year, averaging less than $2000 per child. This funding level is about 10% of the average per-pupil expenditures. Instead of fully funding IDEA, a promise Congress has never fulfilled, this Congress chooses to fund vouchers, which ultimately benefit the wealthy instead of investing in educating students with disabilities, the overwhelming majority of whom attend public schools.
Further, we reject the many ways in which students with disabilities would still be discriminated against, losing rights under IDEA if this bill passes. Under this proposal, parents may not be fully aware that if they take the voucher, they will jeopardize the rights of their children under IDEA, including:
- The right to be educated in the least restrictive environment – a critical protection to ensure students with disabilities are not segregated from their nondisabled peers.
- Parental rights, including dispute resolution and due process, an imperative for families to resolve disagreements and ensure educational access.
- Student behavioral protections, manifestation determination – essential because disability and behavior are linked, and unmet needs can result in challenging behaviors.
The bill makes no mention of students’ protections under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, which private religious schools are exempt from.
“The guarantee of rights and protections for students with disabilities using these vouchers is disingenuous at best and crooked at worst, without the other critical provisions of IDEA,” says Dr. Jacqueline Rodriguez, CEO of the National Center for Learning Disabilities. “It is quite possible that families with disabilities will use a voucher under the pretense that their child will have the same rights when in fact they do not.”
“The rights to a free, appropriate public education for eligible students with disabilities remains even if federal and state funds are removed from the public education system. However, states will be extremely challenged to meet their obligation to these students if the ECCA becomes law,” says Katy Neas, CEO of The Arc of the United States. “Parents will have no choice but to sue their states to access the rights their children have been entitled to receive since 1975. And the parents of the 7.5 million children who receive special education services will prevail each and every time.”
“On the 50th anniversary of IDEA, now is the time for Congress to provide the funding it has failed to deliver over the decades for this landmark law. Instead, it is channeling public funds to private schools where there are no guarantees of protections for students with disabilities,” said Chad Rummel, Executive Director of the Council for Exceptional Children. “We call on Congress to rethink this strategy and prioritize public schools, which are designed to serve all children, and educate 90% of students nationwide each day, including 7.5 million children with disabilities.”
“The House proposal amounts to public dollars funding choice without rights. It misleads American families to believe their child with an Individualized Education Program (IEP) will have access to both a federal education voucher and their IDEA protections when they enroll their child in a private or parochial school. But it does not,” stated Jennifer Coco, Interim Executive Director of the Center for Learner Equity. “The fine print of this proposal literally takes the “Individualized” out of IEP.”