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Three Things Not to Miss in Wolf’s Post

May 17, 2013 by

by Greg Forster –

Jay has already linked to Pat Wolf’s devastating knockout of the special ed smear campaign against Milwaukee vouchers. However, it’s such a long piece (there’s so much falsehood to debunk!) that I want to make sure the most important points don’t get overlooked:

Pat catches the Department of Public Instruction lying about how many disabled students are in the voucher program. “Lying” is a strong word, but that is what happened here.

USDOJ faults DPI for not requiring schools to report how many voucher students are disabled, so they can monitor discrimination against disabled students – but the reason is that state law gives them no power to do so, and regulations forbid them from doing so. The purpose of the regulation is to protect against schools using the information to discriminate against disabled students!

“A statistical analysis that my research team conducted during our five-year evaluation of the program confirmed that no measure of student disadvantage – not disability status, not test scores, not income, not race – was statistically associated with whether or not an 8th grade voucher student was or was not admitted to a 9th grade voucher-receiving private school. Our evidence is consistent with the expectation that private schools are admitting voucher students at random during that critical transition, as the law requires.”


Pat also points out, against the USDOJ’s claim that private schools in the voucher program are covered by Title II of the Americans with Disabilities Act, that the U.S. Supreme Court has twice reviewed and let stand Wisconsin court rulings finding that voucher schools are not government contractors, and students in the program are “parentally placed” not “government placed” in their schools, so the schools are not within reach of laws that apply to government services. In my (non-lawyer) opinion that does not make it a slam dunk that the voucher schools aren’t covered by ADA, because the ADA is such a badly crafted law. But it’s still worth remembering.

Update: This post has been modified because the original version didn’t state point #2 quite right. My apologies!

via Three Things Not to Miss in Wolf’s Post | Jay P. Greene’s Blog.

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