Private School Vouchers Strip Disability Rights, Parents
A Cincinnati family was told their granddaughter with Rett syndrome could no longer attend a private school using a state disability voucher.
A Cincinnati family was told their 15-year-old granddaughter could no longer attend a private school just three months after enrolling with a state-funded voucher for students with disabilities. The school said Annabelle Kelly's needs required a one-on-one aide at an additional cost of roughly $25,000 per year, a charge her grandparents could not afford.
Disability advocates warn this scenario is becoming more common as private school voucher programs expand. Federal protections under the Individuals with Disabilities in Education Act (IDEA) do not apply to private schools, and families are often not informed they waive these rights when accepting a voucher. Chris Roe, director of state policy at the Council of Parent Attorneys and Advocates (COPAA), argues that where public funds are spent, public protections should follow.
The Cincinnati Case
Annabelle Kelly, who has Rett syndrome, enrolled at Cincinnati Christian Schools in August 2025 using Ohio's Jon Peterson scholarship, a voucher program specifically for students with disabilities. The scholarship authorized paying the school up to $29,750 for her tuition-free education. Her grandparents, Mike Grimmer and Linda Kelly, had shared her medical and educational records during the application process.
In a November meeting, school officials told the family Annabelle's physical and educational needs were too extensive for her to continue without a dedicated aide. The family would have to pay the aide's cost. School superintendent Raymond Kochis stated that when a student's needs evolve, the school works with the family to determine the appropriate support. Linda Kelly contends Annabelle's needs had not changed and that the school dismissed her proposed alternatives.
The Legal Gap in Protections
The IDEA, signed in 1975, guarantees a free appropriate public education for students with disabilities and requires public schools to develop individualized education programs (IEPs). These protections do not extend to private schools. Students using vouchers are considered "parentally placed," and private schools are not required to follow an IEP or uphold IDEA protections, including safeguards against discrimination or removal based on disability.
A spokesperson for Ohio's Department of Education and Workforce said there are multiple safeguards for students with disabilities in private schools. The department's website notes that a non-public school is "not obligated to provide the child" with a free appropriate public education. Parents have little recourse if a school chooses not to comply.
Voucher Program Growth and Variability
Private school voucher programs have proliferated nationally. The number of students with disabilities using vouchers grew from over 180,000 in the 2024-25 school year to more than 200,000 in the 2025-26 school year. Programs and their rules vary dramatically by state.
| State | Program Feature | Requirement for Students with Disabilities |
|---|---|---|
| Florida | Largest program (140,147 participants in 2025-26) | Does not require an IEP; a medical diagnosis is accepted. |
| Ohio | Jon Peterson Scholarship | Requires an IEP to qualify. Schools are expected to employ special education staff and report on IEP implementation, but face no listed consequences for non-compliance. |
| Oklahoma | Scholarship for students with disabilities | Requires schools to provide services and accommodations, but does not require documentation of IEP implementation or credentialed special education staff. |
| Texas | Education Freedom Accounts | Gives priority to students with disabilities. As of June 2026, over one in four awarded vouchers went to a student with a documented disability. |
Advocacy and the Federal Landscape
Congress established the nation's first federal voucher program last year, but it did not include language requiring participating private schools to follow the IDEA. COPAA and other groups are now pressing participating states to enforce IDEA protections voluntarily. A January 2026 COPAA report outlined challenges due to a lack of regulations and oversight, noting most states do not require private schools to keep data on how effectively they educate students with disabilities.
Data from Ohio suggests many students use disability vouchers only briefly. In 2025, 8,680 students received a Jon Peterson scholarship, but just over half had participated for three years or more. Students may leave the program by transferring to a different voucher, moving districts, graduating, or returning to public school. Linda Kelly said she does not remember being told that IDEA rights do not extend to private schools when she enrolled her granddaughter.
