Lawyer’s argument against school choice falls apart under scrutiny

Arguments against school choice by a lawyer with a special needs son don’t hold up once the facts are considered.

Jennifer Coco, who formerly worked for the Southern Poverty Law Center – which labels Christian organizations such as Focus on the Family as hate groups – says Congress should fund special education through public schools instead of supporting a national school choice provision in the current budget plan.

“Instead of fully investing in (the Individuals with Disabilities Education Act) and embracing its promises of ensuring all children can access and receive the services they need – something America has never done – Congress is considering passing the so-called ‘One Big Beautiful Bill’ (H.R. 1), which would only further undermine the rights and opportunities of students with disabilities,” she writes in a recent article. 

But the Educational Choice for Children Act (ECCA), which was just passed in the Senate version of the budget bill, wouldn’t take money from public schools. It would simply allow taxpayers to designate part of their taxes to fund private school scholarships.

Similar programs exist in 18 states and are popular with parents.

Finding the right private school 

Coco also opposes school choice because private schools can discriminate against special-needs students. She shares how her 4-year-old son faced discrimination once his private school learned he had developmental delays. 

“Soon after his diagnosis, the school began calling family conferences to complain about his behavior, having never raised any concerns during the two previous years,” she writes. “The school relinquished any responsibility for how they might adapt to meet my son’s needs. It felt like they had made a unilateral decision to push him out once they realized he had developmental delays.” 

Her son now attends the family’s local public school, where he “receives specialized instruction, along with speech and occupational therapy.” 

She worries more students will be treated like her son if private school choice expands. The ECCA would be available nationwide, not just in the 35 states that already have school choice programs. 

But her claims about discrimination, while unfortunate, don’t tell the full story. Many special-needs families support school choice. 

School choice helps special needs students 

In Arizona, which has one of the largest school choice programs in the country, 18% of participants have special needs, compared to 12% of the public-school population. Arizona families with special-needs students use school choice options more often than public schools – although that option remains available to them. 

Nationally, one estimate found more than 137,000 special-needs students use school choice, or about one in six participants at the time data was collected. And some states without universal school choice still have programs tailored to special-needs students. 

While some private schools can’t or won’t serve special-needs students, many do – including schools founded specifically for that population. They are showing strong results, often at a fraction of what public schools spend. 

Special needs students are protected by law. There will always be services for them. 

But many states are discovering it’s better for both parents and the state to have options, including private schools, which can cost less and often deliver better outcomes than public schools. 

Dr. Corey DeAngelis, a leading school choice advocate, says Coco’s arguments aren’t just weak – they’re wrong. 

Government schools have problems 

“The one-size-fits-all government school system fails students with special needs more than anyone else,” DeAngelis told The Lion in an email. “Children have unique needs, and they deserve education opportunities beyond an assigned system that fails them year after year. 

“If the government schools think they’re so great at educating students with special needs – that option is still on the table – but the defenders of the status quo know that they are failing. Their time is up. Children with special needs shouldn’t be trapped in these failures factories any longer.” 

While Coco cited her experience with one private school, DeAngelis notes many parents have had to battle public school districts in court to get the services their children need. 

“Federal education law already allows families to transfer to a private school if a school district cannot meet their needs,” he said. “The problem is, public school districts will argue that they are doing a splendid job and take parents to court. 

“Families shouldn’t be forced to prove to a judge that a government school district is failing their special-needs child. The parents should be able to direct their children’s education dollars to the school that best meets their needs, regardless of what the assigned government school thinks about the decision.” 

Lifting all boats 

While special needs education is often a contentious issue, school choice doesn’t have to be. Parents with options tend to be more engaged and satisfied, and public schools are shown to improve once school choice becomes available. 

Coco’s experience at one private school doesn’t reflect the broader success of school choice among special needs families. Thousands of special needs families are thriving through school choice. If Congress moves forward with ECCA, that success could be available to families nationwide.