Republican-Led States Urge Supreme Court to Consider Case on School Choice and Special Education

A group of Republican-led states is advocating for the Supreme Court to review a case that could alter the dynamic between school choice, parental rights, and special education services nationally. This comes as 14 state attorneys general filed a friend-of-the-court brief in support of two families from Massachusetts. They argue that state governments should not coerce parents into public schooling by making it difficult to secure educational benefits for children in private education.

The states allege that Massachusetts is effectively using special education services as a tool to push families toward public schools. They emphasize that states, while not obligated to create or fund educational benefits, cannot place restrictions forcing parents to choose between these benefits and school choice.

For opponents of school choice, that is the point—to leverage taxpayer dollars to coerce families into public schools by making private education the only setting in which benefits are forfeited, the states wrote in their brief.

Efforts to reach the Massachusetts attorney general’s office for comment were unsuccessful.

Impact on Families Nationwide

Special education services are vital for many families. Over 7 million students in public schools receive services like speech and occupational therapy, behavioral support, and specialized instruction. Nearly two-thirds of private schools in the U.S. enroll students with disabilities. The case in question could redefine whether states that provide these services to private school students need to do so at the students’ school locations.

The Hellman Supreme Court Case

The case, Hellman v. Massachusetts Department of Elementary and Secondary Education, arose from a conflict over state-funded special education services for children in private schools. These services encompass therapies and specialized instruction typically outlined in a student’s individualized education plan.

The Massachusetts families involved argue that the state’s current policy forces them to choose between their right to private school education for their children and the necessary services their children require. The controversy highlights the state’s policy, termed a “Place Restriction,” which mandates that state-funded services be delivered at public or neutral sites, not on private school grounds.

The families contend that this requirement imposes significant issues, including loss of instructional time and stigmatization for students who leave class for services. In extreme cases, it discourages parents from seeking necessary support altogether.

Legal Precedents and Challenges

The families’ legal argument references the Supreme Court case Pierce v. Society of Sisters, a precedent that established parents’ rights to choose private education. They contest that Massachusetts is unlawfully conditioning government benefits on the waiver of those rights.

The U.S. Court of Appeals for the First Circuit disagreed with this, upholding Massachusetts’ policy as constitutionally valid due to its aim to comply with the state’s constitutional restrictions on aid to private schools. The families now seek a Supreme Court ruling to potentially establish a constitutional safeguard for parental rights in education.

States Backing the Parents

West Virginia and South Carolina are leading the states supporting the families. Other states involved include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Montana, Nebraska, South Dakota, and Texas. They argue the outcome has ramifications beyond Massachusetts, referencing issues related to school-choice programs and constitutional challenges in various states.

Massachusetts’ Position

Massachusetts maintains it does not deny services to eligible children. Still, it insists the delivery of those services at public or neutral locations adheres to constitutional guidelines against public funds aiding private schools. The First Circuit supported Massachusetts’ rationale.

Several supportive organizations for the families, including the Alliance Defending Freedom and the New Civil Liberties Alliance, challenge Massachusetts’ stance, arguing that it burdens parental choice and inadvertently penalizes constitutional rights.

Awaiting Supreme Court Decision

The Supreme Court has not yet determined whether it will hear the case. If accepted, the decision could significantly clarify the extent of constitutional protections for parental educational choice and funding stipulations for private education.

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