New York Gov. Andrew Cuomo has vetoed legislation that would have required school officials to consider a special education students’ home life and cultural backgrounds when making educational placements. The bill would have given parents more power to demand a publicly funded private education for their children with disabilities.
The New York State School Boards Association (NYSSBA), other education groups, and New York City Mayor Michael Bloomberg had opposed the bill, which likely would have resulted in more placements in religious schools.
NYSSBA Executive Director Timothy Kremer released a statement praising the veto:
“The bill would have made a child’s cultural and family background a factor in special education placements, thereby promoting religious segregation in special education placements at taxpayer expense. This result is contrary to the pluralistic values upon which our public education system was established,” he said. “Although we respect the personal choices that parents make to raise their children in accordance with their faith and culture, it would have been wrong to obligate taxpayers to pay for these private choices.”
The National School Boards Association (NSBA) sent a letter to Cuomo urging him to veto the bill. NSBA noted that the Individuals with Disabilities Education Act (IDEA), the main federal special education law, includes provisions for addressing issues related to cultural and religious differences during the placement determination stage and it allows parents to petition school districts for private placements. Adding another legal layer to these proceedings would delay a placement and could increase legal costs for both parents and school districts, according to NSBA.
“This expansion of the educational placement process could create a situation where such decisions become subjective in nature rather than being based on educational outcomes, actual data reflecting a student’s present levels of performance, and the spirit and intent of the IDEA and Section 504,” wrote Michael A. Resnick, NSBA’s associate executive director for federal advocacy and public policy. “Further, such expansions could have the unintended consequences of promoting school vouchers, preferences toward certain private and parochial schools, and the promotion of segregated schools on the basis of economic status or family income – all irrelevant to appropriate special education placement determinations.”
According to The New York Times, Cuomo said in a memo that the bill “would have created ‘an overly broad and ambiguous mandate’ to send more students to private schools, burdening taxpayers with ‘incalculable significant additional costs.’”