Maryland Law Review Volume 78 | Issue 3 Article 3 Limited Choices: How the School-Choice Paradigm Subverts Equal Education for Students with Disabilities Amanda S. Sen Follow this and additional works at: https://digitalcommons.law.umaryland.edu/mlr Part of the Disability Law Commons, Education Law Commons, and the Fourteenth Amendment Commons Recommended Citation 78 Md. L. Rev. 470 (2019) This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized editor of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. LIMITED CHOICES: HOW THE SCHOOL-CHOICE PARADIGM SUBVERTS EQUAL EDUCATION FOR STUDENTS WITH DISABILITIES AMANDA S. SEN∗ ABSTRACT While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal op- portunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increas- ing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been largely overlooked. This Article will explain the ways in which school-choice laws and the rights of students with disabilities overlap and interact, expose gaps that leave stu- dents with disabilities vulnerable, and suggest actions that legisla- tors and litigators can take to mitigate that vulnerability and en- sure equal opportunity in education.