Arizona lawmakers love to tout the state’s school choice model. Open enrollment and the Empowerment Scholarship Account (ESA) program are framed as liberating tools — putting education in the hands of parents, not bureaucrats. But for families of children with disabilities, that promise unravels the moment they try to use it. 

Arizona’s open enrollment law allows families to apply to public schools outside their assigned district. In theory, it provides flexibility. In reality, it’s often a mechanism of exclusion. 

Districts can legally deny applications based on “program capacity” — a term that’s undefined and applied arbitrarily. Some districts request a student’s disability records or IEP before making enrollment decisions, raising serious legal concerns. And even when students are admitted, transportation — critical for many disabled students — is only required up to 30 miles and is inconsistently enforced. A child may be “enrolled,” but practically excluded. 

These aren’t just bureaucratic issues — they’re civil rights violations. Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, students with disabilities are entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). But weak enforcement and a lack of oversight mean that the burden falls on parents to file complaints, navigate hearings and fight for services while their children fall behind. 

It’s no surprise, then, that many families turn to the ESA program. Originally designed for students with disabilities, ESA now provides public funds — around $9,900 per child — to any Arizona student for use at private schools, microschools, or homeschooling. Over 83,000 students are currently enrolled; about 15,000 of them have disabilities. 

But here’s the catch: most private schools that accept ESA funds aren’t required to follow the Individuals with Disabilities Education Act. They don’t have to implement IEPs or provide comparable services. Many are segregated, disability-specific schools that offer specialized programs but little accountability or transparency. 

Some families seek these schools — and I understand why. As a parent of a child with a disability, I know how broken the public system can be. When your child is bullied, ignored or unsupported, you’ll do whatever it takes to protect them. That’s not privilege — it’s desperation. 

But it shouldn’t be this way. We should never have to choose between civil rights and educational adequacy. 

Yet Arizona’s system forces exactly that trade-off. Public schools exclude. ESA vouchers fund segregated settings without oversight. And the state calls that “choice.”

What’s worse, it pits parents against each other: ESA families vs. public school families, inclusion advocates vs. specialized setting defenders. But that’s the wrong fight. The real issue is a public system that has abandoned its responsibility to equitably serve all children. 

To fix this, we need to: 

1. Ban discriminatory enrollment practices. Open enrollment must be transparent and equitable for students with disabilities. 
2. Define “program capacity.” Districts shouldn’t be able to use vague terms to deny access. 
3. Enforce existing laws. Arizona’s Department of Education must strengthen oversight and ensure compliance with IDEA and Section 504. 
4. Support families. Parents deserve public education campaigns and legal support to understand and assert their rights. 
5. Reinvest in public schools. ESA expansion has siphoned money from the public system. That must be addressed. 

Public dollars should guarantee public accountability. Before we continue expanding private subsidies, we must ensure public schools are inclusive, well-funded and welcoming to every child — especially those with disabilities. 

Because right now, Arizona doesn’t offer choice.

Jennifer Dotson is a nationally recognized disability policy expert, former special education teacher, and founder of both CoEqual Consulting and The CoEqual Policy Lab.