The U.S. Department of Justice urged the state’s Department of Public Instruction to ensure voucher schools do not discriminate against students with disabilities in a letter to the state superintendent.

The letter was in response to a 2011 complaint from American Civil Liberties Union and Disability Rights Wisconsin against Milwaukee’s voucher school program, which provides public funding for students to attend private schools. Voucher school opponents said the letter showed why Gov. Scott Walker’s proposed voucher school expansion and special needs scholarship program should not go through.  

The DOJ letter was addressed to state superintendent Tony Evers and said the state must provide protection for students with disabilities applying to voucher programs and make sure that they “do not encounter discrimination on the basis of their disabilities.”

“The state cannot, by delegating the education function to private voucher schools, place students beyond the reach of the federal laws that require Wisconsin to eliminate disability discrimination in its administration of public programs,” the letter said.

The 2011 complaint alleged DPI did not adequately enforce federal discrimination laws in Milwaukee, which lead to voucher schools having a much lower percentage of students with disabilities than Milwaukee Public Schools, although a University of Arkansas study suggested the percentage was not as low.

Lisa Pugh, public policy coordinator for Disability Rights Wisconsin, said in a statement the letter confirmed their worries about Walker’s school choice proposals.

“It would clearly be an irresponsible use of tax dollars and a disservice to parents to even discuss expansion of the current voucher program or implement a new special needs voucher at this time,” Pugh said.

Walker’s budget proposes an expansion of voucher schools to nine other school districts and a program that would give children with disabilities scholarships to attend private schools. 

Rep. Sondy Pope, D-Cross Plains, has been one of the leading opponents of voucher schools in the Legislature. Tom McCarthy, a Pope spokesperson, said voucher schools have not been shown to improve performance and take money from school districts that have already faced cuts and would not see a funding increase in Walker’s proposed budget.

Jim Bender, president of School Choice Wisconsin, said the DOJ’s letter was misguided because state law already says voucher schools cannot turn down students on the basis of disability. 

“They certainly don’t cite any cases of discrimination, and they ignore that state law already requires that any student that applies under the lottery system into the school choice programs is accepted regardless of education in public schools or special needs,” Bender said.

Bender said Walker’s proposed special needs scholarships would have numerous advantages. 

Under the current voucher school programs in Milwaukee and Racine, students receive a $6,442 voucher to attend private schools, which may not be enough to cover the cost of educating a student with special needs. The special needs scholarships would allow more funding to go to students with special needs, he said.

“Students with special needs do require additional help, so the special needs scholarship would allow additional funding to go to students with special needs where that isn’t really allowed now under the current voucher program,” Bender said.