Does the receipt of public funds in school choice programs impose duties on private schools with respect to disabled children?
Possibly, but if so only to a limited extent. A threshold question would be whether private schools in a state-financed school choice program were subject to rules applicable to recipients of federal funds. Even if a court concluded that federal rules apply, the duties of private schools that do not operate special education programs would be limited to providing an appropriate education on a nondiscriminatory basis to disabled children who can participate in the private schools’ regular programs with only minor adjustments. Where private schools operate special education programs, they can charge for increased costs associated with providing services to disabled children.
