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Disability Law Commons

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Full-Text Articles in Disability Law

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel May 2015

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Wendy F. Hensel

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …


Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel Oct 2014

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Wendy F. Hensel

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve. Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school. …