Special-ed voucher bill is back, with heavy support

A bill giving private school vouchers for special education students is back on Capitol Hill, co-sponsored by GOP heavy-hitters.

But an education law expert says the bill still could leave the state on the hook to pay a child's entire tuition, which could cost four times more than the voucher.

HB249, sponsored by Rep. Merlynn Newbold, R-South Jordan, reflects last year's vetoed "Carson Smith Special Needs Scholarships."

The bill is named for a boy attending the Carmen B. Pingree School for Children with Autism, a highly regarded, $23,000-a-year private school. It is co-sponsored by 24 House members, including Speaker Greg Curtis, R-Sandy, and House Majority Whip Steve Urquhart, R-St. George.

HB249 would give private school vouchers worth up to $5,455, based on the value of the weighted pupil unit, to students with disabilities ranging from mental retardation to visual impairment.

The three-year scholarships would be renewable after a special-education evaluation. It also is retroactive to the current school year.

Participating private schools would give scholarship students a test and report results to parents, among other requirements.

The bill also would require participating parents to sign a statement acknowledging a private school may not provide services found in public schools and that they will assume financial responsibility for the child's schooling.

That and other language refer to federal law requiring public schools to provide students with disabilities a "free and appropriate public education." Districts that can't can pay to send students to a private school.

But the disclaimer won't absolve schools from their federal duty, said Carol Lear, director of school law and legislation for the State Office of Education. Parents still could sue for full tuition.

"My feeling is, these kinds of disclaimers never work," Lear said. "The parent can always sound sympathetic, uninformed, unadvised. It just hasn't been successful in the past in terms of protecting agencies, because you're the big bad state and this is the poor, uninformed, unsophisticated parent."

Meanwhile, the state school board is asking legislators for $2.2 million to better cover special education needs in public schools before diverting money to private schools.

But Newbold says the bill is solid and allows parents to choose a better education for special needs children.

"I hope the powers that be let it go through," said Carson Smith's mother, Cheryl Smith. "It's desperately needed."

The bill's financial impact, aside from the $100,000 the State Board of Education would get for administration, is being studied. Last year's bill included $1.4 million from the general, not school, fund. Scholarships also would be subject to available money.

---

E-mail: jtcook@desnews.com