ACLU of WI, American Civil Liberties Union (national) and Disability Rights WI Allege Voucher Program Discriminates on Basis of Disability: Groups Request Federal Investigation

Tuesday, June 7, 2011

The American Civil Liberties Union, the ACLU of Wisconsin Foundation, and Disability Rights Wisconsin filed a complaint with the U.S. Department of Justice Civil Rights Division charging discriminatory practices in Milwaukee’s private voucher schools have led to an egregious segregation of students with disabilities. The complaint was filed against the State of Wisconsin, its Department of Public Instruction and two voucher schools. The groups say that Wisconsin has failed to hold taxpayer-funded private voucher schools accountable for serving children with disabilities, and has created a program that segregates and isolates children with disabilities.

“Twenty years of offering vouchers to attend private schools in Milwaukee have demonstrated that children with disabilities are not welcome in Milwaukee’s private schools,” said Jeffrey Spitzer-Resnick, attorney for Disability Rights Wisconsin. “Even worse is when these voucher schools occasionally accept children with disabilities, take their voucher funds, and then expel them without recourse leaving the family no other option than to return to Milwaukee Public Schools. In fact our complaint includes one family whose children with disabilities were not admitted to a voucher school, and another whose disabled child was kicked out of a voucher school and sent back to the public school system.”

“This failure of voucher schools to serve children with disabilities has led to the segregation of children with disabilities within Milwaukee Public Schools, while reducing resources the public school system needs to educate all students,” added Courtney Bowie, senior staff attorney with the ACLU Racial Justice Program.

“Right now only about 1.6% of voucher students have disabilities, while 19.5% of Milwaukee Public School students do,” said Karyn Rotker, senior staff attorney with the ACLU of Wisconsin. “Increasing the size of the voucher program – as the state intends to do – will only lead to even more discrimination and more segregation of children with disabilities. We hope DOJ will step in to stop that from occurring.”