In voucher debates around the country, parents of children with disabilities are often outspoken on behalf of vouchers. If they are dissatisfied with the services at the local public school, they feel sure they will find a private school that is better. What they don’t don’t know is that private schools do not have to follow federal laws. The Individuals with Disabilities Education Act does not affect private schools. Stories like this one are a wake-up call. When they leave public schools, they abandon their federal rights.
Pepper Stelter of The HECHINGER Report wrote about a family in Ohio that decided to place their child in a religious school, using voucher money. When the school decided her care cost too much, they told her grandparents to withdraw her. Private schools are not required to comply with the federal disability law.
CINCINNATI — The meeting with staff members of Cincinnati Christian Schools began with a prayer. Then they told Mike Grimmer and Linda Kelly that their granddaughter could no longer attend the private school.
Annabelle Kelly had enrolled there three months earlier, in August 2025, in a program specifically for students who struggle in mainstream classrooms. Annabelle, 15, has Rett syndrome, a genetic condition accompanied by significant cognitive and developmental delays. Her grandparents, who took legal custody of Annabelle when she was 5, believed that the small, faith-based setting of CCS would be a better fit than the local public school. She received a voucher from the state through a school choice program specifically for students with disabilities, which authorized paying CCS up to $29,750 for Annabelle to attend tuition-free.
But at the meeting in November, Kelly said, the school’s director of academic support services told her and Grimmer that Annabelle’s physical and educational needs were too extensive for her to continue at CCS. If they wanted her to stay, Annabelle would need an aide to work with her one-on-one, and her grandparents would need to pay the additional cost, roughly $25,000 per year.
Disability advocates warn that as private school voucher programs spread, more parents will find themselves in similar straits. Federal protections for students with disabilities don’t apply to private schools, and neither the schools nor voucher programs like the one Annabelle qualified for are required to inform parents that they waive certain rights when they leave the public school system. When Congress passed legislation last year establishing the nation’s first federal voucher program, it did not include language that disability rights groups had lobbied for that would have required private schools receiving federal funds to follow the law known as the Individuals with Disabilities in Education Act.
“If there are public funds being spent, public protections need to be afforded,” said Chris Roe, director of state policy at the Council of Parent Attorneys and Advocates, a policy advocacy organization that provides training and guidance in special education law. “At the very least, states that provide voucher programs should be required to inform parents of the rights they are giving up.”
Kelly said the decision from CCS came despite the family being transparent about Annabelle’s needs when they applied to the school: They shared medical information, copies of her academic evaluations and her learning plan from the public school she attended. The then-eighth grader attended three trial days at the school before enrolling, and several previous conferences with teachers had gone well, her grandmother said.
“We were blindsided by the school’s decision,” said Kelly.
Raymond Kochis, superintendent of Cincinnati Christian Schools, declined an interview but said in response to written questions that the costs of educating Annabelle exceeded what had been determined initially. “When a student’s needs evolve,” Kochis wrote, “the school works with the family to determine the most appropriate level of support.” (According to Kelly, Annabelle’s needs had not changed, and school officials quickly dismissed any alternative solutions she proposed.)
Private school voucher programs have proliferated in the United States in the last decade. The number of students with disabilities in these programs has grown too: In the 2025-26 school year, Annabelle was one of more than 200,000 students nationwide either using vouchers meant specifically for students with disabilities or enrolled in the country’s largest voucher programs, compared with more than 180,000 the year prior.
The federal school voucher program goes into effect next year. After failing to persuade Congress to include language stating that voucher programs and participating private schools must comply with IDEA protections, COPAA and other disability rights groups are focused on pressing states that choose to participate in the program to enforce the IDEA even for private schools.
Signed into law in 1975, the IDEA states that everyone ages three to 21 with a disability must be provided a free public education that meets their particular needs. In collaboration with parents, public school districts must develop an individualized education program, or IEP, establishing learning goals and plans appropriate for the student. The law also states that students with disabilities must be taught alongside children without disabilities “to the maximum extent appropriate.” Today, 8 million public school students are served by the IDEA.
While voucher programs like the one Annabelle received, Ohio’s Jon Peterson scholarship, are publicly funded, participating private schools like CCS control their own admissions and enrollment decisions. Students using a private school voucher are considered “parentally placed,” and private schools are not required to follow an IEP or uphold any IDEA protections. Families that use these vouchers sacrifice key civil rights afforded by the IDEA, including protection against discrimination and removal from the school based on a disability.
Kelly doesn’t remember, when filling out the scholarship application and enrolling Annabelle at CCS, being told that the rights and protections that apply to students with disabilities in public schools do not extend to private schools. Since students must have an IEP to qualify for the Jon Peterson scholarship, she assumed that the IDEA’s rules and policies would be followed.
In a response to written questions, a spokesperson for Ohio’s Department of Education and Workforce said there are multiple safeguards for students with disabilities who attend private schools. The department’s website never explicitly states that private schools are not required to comply with the IDEA’s mandates and regulations. But it does mention on a page of regulations that if a student is enrolled in a school that is not public, it is “not obligated to provide the child” with a free appropriate public education. Ultimately, the private school is not required to follow the IDEA, and parents have little recourse if the school chooses not to.
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