Article
Harleigh Summerville
As calls for reform in public education grow, students with disabilities have become the poster children for a failing system that is not equipped to handle students’ varying needs. With the number of children receiving services for learning disabilities growing, some argue that the current system not only is failing to provide students with appropriate education but is actively causing harm. Issues gaining adequate funding, disparities in educational access to racial minorities, and failure to adhere to federal mandates have made it difficult for public schools to meet the individualized needs of all students, particularly students with disabilities. One example is the LEARNS Act in Arkansas, which expands access to vouchers including for students with disabilities. However, voucher programs often require families to waive rights under the Individuals with Disabilities Education Act (IDEA), including access to free, appropriate public education and the least restrictive environment. This Article will explore the potential federal claims that students with disabilities may have as well as legal arguments to compel states that have subsidized education to, at a minimum, guarantee students with disabilities their federal rights, including relevant legal history of the rights of students with disabilities under federal statutes, an overview of voucher programs and their challenges, and an evaluation of the LEARNS Act in Arkansas under the Constitution that students with disabilities could make to invalidate private schools’ discriminatory admission policies as well as the denial of their federally-guaranteed rights under the state-action doctrine.