Because of a few U.S. Supreme Court decisions, parents of special-needs children can ask that the DOE pay for private school if public school options aren't adequate. Last year, the city's department spent $116 million reimbursing parents, mainly in the wealthier areas of Manhattan and Brooklyn. However, many parents never tried sending their kids to public school before squeezing the DOE for their pennies. Michael Best, general counsel at the DOE, told the Wall Street Journal, "No one begrudges parents the right to send their children to private school. But this system was not intended as a way for private school parents to get the taxpayers to fund their children's tuition." Well, how do you think they stay rich?
In the past three years, the number of parents living in some of the city's most affluent neighborhoods who have sued the DOE for inadequate public school options has more than doubled. There are more claims filed in the city for special-education reimbursement than in any other district, but data shows that half of the claims come from households where the kids never went to public school, suggesting parents are just looking for a cheap way to get their kids a private school education. But one lawyer defended her clients, saying, "The law is an entitlement law much like Social Security or Medicare. If Congress wanted the law to be means tested they could have written it that way."
Matthew Mittenthal, a DOE spokesman, argued that "these are dollars that would otherwise be going directly to the classroom, to fund supplies and textbooks, instruction and additional supports for high-needs students." But other officials say the department shouldn't avoid the issue by blaming parents so seemingly quick to jump ship. Winston Prep Schools executive director Scott Bezsylko said, "Perhaps those concerned should work with us to expand access among low-income students instead of criticizing those of any income level who exercise their legal right to obtain a free and appropriate education."
