Critics of school choice have long claimed that private schools in Wisconsin’s choice programs do not serve students with disabilities or actively discriminate against them. However, a new analysis conducted by the Wisconsin Institute for Law & Liberty (WILL) and School Choice Wisconsin (SCW) finds that these assertions are based on flawed data. The report reveals that more than 14% of students in Wisconsin’s choice programs have a disability, a figure that is seven times higher than what the Department of Public Instruction (DPI) reports.
According to Will Flanders, Research Director at WILL, “The data are clear. Wisconsin’s school choice programs serve thousands of students with disabilities—far more than choice opponents acknowledge. The Department of Public Instruction’s method of counting grossly undercounts these students. This fuels a false narrative about private schools’ commitment to serving children with disabilities.”
DPI’s underreporting stems from its method of identifying students with disabilities. Only those who have previously received services in a public school or have an active service plan with a public school are counted. This means that even students in the Special Needs Scholarship Program (SNSP), a school choice program reserved for special needs, are often excluded from official state data, significantly misrepresenting the number of students with disabilities in choice schools.
The findings also highlight a critical point often overlooked in debates about school choice: Wisconsin’s private schools in choice programs cannot deny admission based on disability status. Opponents argue that these schools engage in discrimination, yet public schools in Wisconsin’s open enrollment program are legally permitted to reject students based on disability. In the 2023-24 school year alone, over 2,000 students were denied access to public schools for this reason.
Mike Metoff, Director of Research at SCW, noted, “This research shows why official state estimates greatly understate the actual number of choice students with disabilities. Our data are consistent with prior scholarly work and dispel misinformation circulated in some media outlets and by opponents of school choice programs.”
Another myth debunked by the report is the claim that private choice schools receive nearly full reimbursement for students in the Special Needs Scholarship Program. In reality, of the 3,068 students using SNSP scholarships for the 2024-25 school year, only 11—just 0.36%—qualify for the 90% reimbursement rate. Most choice students with disabilities are funded at levels equal to about 70% of public funding for general education students.
The report reinforces previous research showing that private schools participating in choice programs enroll students with disabilities at levels far higher than what is officially recognized. While the percentage of students with disabilities in private choice schools may be slightly lower than in public schools, the gap is nowhere near as significant as DPI data or media reports suggest.
As National School Choice Week highlights the successes and opportunities provided by choice programs, this new research serves as a powerful reminder that misinformation continues to shape the debate. The reality is clear: Wisconsin’s school choice programs serve thousands of students with disabilities, providing them with options beyond an often bureaucratic and restrictive public school system. The persistence of misleading claims against school choice only underscores the importance of setting the record straight with facts.