Special-needs law may exclude some disabled

First, they must be in a school that "specializes in serving students with disabilities," the law states.

The state school board last week, after much debate, defined such schools as those where 80 percent of the students are disabled, or that are accredited as a special-purpose school serving students with disabilities.

While Pingree and Woodland Hills schools are believed to meet that criteria, it's uncertain how many other private schools would. Lear said that as of several days ago, seven schools had applied to be considered as such.

Also, students who attend "specialized" schools would have to be assessed for a disability to determine if they qualify for a voucher.

But that does not mean students not meeting that criteria are automatically out of luck, Lear said. They could transfer back to the public school system or to one of those "specialized" schools. Or if they were in a public school last year, they may qualify for a retroactive voucher.

Such finer points, however, are news to the 5,500-student Catholic Schools system and Cache Valley Learning Center, where about 3- and 10 percent of students have disabilities, respectively. Neither is accredited as "special purpose."

"It sounds like most of our families are not going to be able to participate," Cache Valley Learning Center director Anne Desjardins said. "I'm sure they'll still attend (the center), but this continues to be a source of frustration. They're making sacrifices, they feel entitled to a free and appropriate public education . . . and they have to pay for it privately."

Still, the law could allow both the center and Catholic Schools to accept incoming voucher students. Just their current students would be out of luck.

Lear says the law aims to narrow the field of participants, therefore preserving the full voucher amount.

"We have a limited amount of money (to meet) the intent of the Legislature, which is serving the students with the most severe disabilities," she said. "I think the state board is trying to be responsible for the public dollars in all this."

But Rep. Newbold said the Legislature never intended to limit the scholarships.

"This is one area I don't think the rule and the intent of the Legislature are seeing eye to eye," Newbold told the state school board last week.

Van Tassell says he understands the state office's interpretation, even though he believes the Legislature intended differently. Perhaps, he says, the law needs to change.