Attorney general: Arizona families using school voucher funds give up legal protections

Since the major expansion of Arizona's school voucher program in 2022, all school-age children in the state can apply for public funding that can be used for private school tuition, home school supplies, tutoring and other educational resources.

Many families receiving money from the voucher program were not previously enrolled in public school, but those that leave the public school system to use voucher funds — officially called Empowerment Scholarship Accounts — give up certain rights under federal law.

Private schools are not subject to the Family Educational Rights and Privacy Act, which protects the privacy of student education records and gives parents the right to inspect and review them, or Section 504 of the Rehabilitation Act of 1973, which guarantees students with disabilities a “free and appropriate education.”

Because these statutes don’t apply to private schools, "families have no recourse under federal law,” said Arizona Attorney General Kris Mayes in a recent news release warning families of the forfeited rights and possible scams by voucher vendors.

“It’s important for Arizona families to be aware of the rights they give up when they leave the public school system," she said.

Private schools that accept voucher funds are not required to change their creed, practices, admissions policies or curriculum. Many private schools have admissions policies or practices that would be illegal at public district and charter schools, like only accepting students of a certain faith or denying students with different learning needs or disabilities, said Attorney General’s Office spokesperson Richie Taylor in an email statement. 

Private schools often don't share the educational records behind decisions to deny admission or kick out a student, Mayes said in the release.

Private schools pop up:As Arizona’s school voucher program grows, public dollars flow to private schools

Recipients of school voucher funds are still protected by Arizona’s consumer protection laws, and families that feel a school or vendor has “made misrepresentations with the intent to deceive” can file a complaint with the Attorney General's Office, Taylor said.

Students who face discrimination based on a protected trait other than disability may be covered under state and federal public accommodation anti-discrimination laws, though parochial schools and religious institutions may be exempt, he said. Personal traits commonly protected under the law against discrimination include sex, race and ethnicity.

“Protections under these circumstances are fact-specific, based on the type of educational institution, the allegations of discrimination, and the specific protected class at issue,” Taylor said. Individuals who feel they’ve been discriminated against can submit a complaint to the Civil Rights Department of the Attorney General’s Office.

Taylor said the Attorney General's Office urges families to do their research when selecting school voucher vendors by using well-established, reputable vendors and seeking reviews from trusted individuals like friends and family.

Madeleine Parrish covers K-12 education. Reach her at mparrish@arizonarepublic.com.