The U.S. Government Accountability Office (GAO) has reported that parents/guardians of children with disabilities who are looking for an educational option outside of the public schools are not being provided the information they need to make an informed choice. Although federal law provides certain protections (i.e., a guaranteed FAPE in the least restrictive environment, access to special education, and disciplinary safeguards) to students with disabilities when they attend public school, if parents/guardians use a publicly funded voucher to enroll their child in a private school, many of those protections are no longer available. Though some parents/guardians are aware of this trade-off, the GAO contends that others are unaware of the loss of this legal safety net. The GAO also contends that many private schools are doing a poor job of making sure that parents/guardians are informed. In fact, the GAO found that about half of the private schools surveyed offered little or no information about special education services on their websites.

It is important to note that the legal protections afforded special needs students will follow the identified child if their school district decides s/he would be better off in a private school. However, when the student’s parent(s)/guardian(s) initiate the move to a private school, the right to a FAPE no longer applies. This is important information that needs to be shared, and the GAO recommends that Congress pass a law requiring states to notify parents/guardians of such, since the US Department of Education says that it does not  have the authority to require states to inform parents/guardians of the rights they are giving up when they leave a public school.