Another Mandate--and No Money

In this nation, disabled children are guaranteed an education. That’s good. But last week the Supreme Court ruled that if the public schools don’t measure up, parents can shop around for a private school that fits the special needs of their child and then send that whopping bill to the state. Yet again, the federal government assigns a big responsibility to states and localities without offering to help pay the bill.

In the case decided by the high court, a South Carolina couple paid private school tuition of about $12,000 a year for their daughter, who suffered from dyslexia and attention deficit disorder--common learning problems--after they concluded that the local public school wasn’t doing enough to help the child. The parents sued the public school system for reimbursement and the high court said they were entitled to the money. Wrote Justice Sandra Day O’Connor: “ . . . public school authorities who want to avoid reimbursing parents for the private education of a disabled child can do one of two things: Give the child a free appropriate public education in a public setting, or place the child in an appropriate private setting of the state’s choice.”

If Washington is going to lay down such a law, however worthy, it must help with costs. Congress mandates special education for every child with special needs but refuses to pay a fair share of the bill. What’s fair? How about the 40% that Congress promised to pay in 1975 when it passed the first law requiring “free, appropriate public education” for disabled and learning-impaired youngsters?

The nation’s public schools now annually invest an estimated $18 billion in special education. Washington’s 40% share should amount to more than $7 billion, but the federal government provides only about $1.5 billion in reimbursement. That gap could grow even larger because of last week’s court ruling.

Special education classes, by definition, must be smaller than regular classes. Special education teachers, by law, require additional credentials and often need the help of numerous classroom aides. If the children’s disabilities are physical, special facilities are also required. In some states, children with very severe disabilities attend special private schools at state expense, but most states simply cannot afford to subsidize that type of education for all children with learning disabilities. The number is expected to grow as children whose ability to learn has been affected by parental drug use, poverty or poor health care come of school age.

The Supreme Court is correct, and compassionate, to insist that states provide an appropriate education for handicapped children. But how is this to be paid for? Once again, Washington dumps a big and expensive problem on local government.