Arizona’s Battle Against School Choice for Special Needs
School choice opponents warn that students with disabilities lose their federal protections when they enroll in private schools. “It’s important for Arizona families to be aware of the rights they give up when they leave the public school system,” said the state’s Attorney General Kris Mayes. But the latest special education scandal casts further doubt on whether these rights help some parents at all. The details reported by The Arizona Republic are chilling and the district’s response is infuriating.
“This child has been through hell,” said Sandy Zelenka, recounting how her autistic second grader, Levi, was treated by Peoria Unified School District’s autism program before transferring to a private school in 2020. Levi was restrained for long periods in an unfurnished closet-sized room until Zelenka was alerted by an assistant.
Six other families have come forward to The Arizona Republic with more recent allegations, including unexplained physical markings such as a black eye, bruising, and a bloody cut. They demanded answers but were stonewalled by district officials, who deny any abuse or mishandling by employees.
But school employees said “children are not safe in the program, and problems have been long-standing,” The Arizona Republic reported. They also accuse the district of concealing records from parents.
Two of the families have already switched their kids to private schools and can use Arizona’s Empowerment Scholarship Accounts (ESA) to help pay for tuition and other services. Under the program, students with disabilities get extra funding based on their needs.
While school choice opponents boast of robust federal protections, the reality for students in Peoria Unified—and public schools across the country—is much different. Â
The federal Individuals with Disabilities Education Act (IDEA) guarantees a free and appropriate public education for students with disabilities. When it was first signed into law in 1975 (then known as the Education for All Handicapped Children Act), public schools routinely discriminated against disabled students.
IDEA requires schools to develop an Individualized Education Program (IEP) in consultation with parents that describes a student’s needs, sets goals, and establishes what services the school will provide. However, school officials have the final say over what’s included in an IEP, and their incentive—to comply with federal mandates at t
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