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Committee probes use of medical certification versus IEP to qualify EFA students for differentiated aid
Summary
Legislators questioned whether allowing a medical certification of disability (MCD) from any U.S.-licensed medical professional — instead of an IEP team determination — creates gaps in services and oversight; the department and CSF said both pathways exist to avoid forcing families back into district evaluations.
Committee members on March 27 raised concerns about the special‑education eligibility rules used for Education Freedom Account (EFA) students, focusing on two distinct pathways that qualify a pupil as having a disabling condition.
The committee reviewed a Department of Education memo saying a disabling condition may be determined either through an IEP team (a district special‑education process) or via a medical certification of disability (MCD) by a medical professional licensed in any U.S. state. Representative Rick Ladd said the broad phrase “licensed in any state” raises questions about variance in licensure and standards across jurisdictions.
Mark Manganiello of the Department of Education explained the two‑pathway approach was chosen to avoid requiring EFA families to reengage their resident district for evaluations, which can create logistical burdens. “To have an IEP means you’ve engaged with your district public school and… gone through the special education programming within your district,” Manganiello said, adding that some EFA families instead pursue the medical certification path.
Representative Peggy Balboni and others pressed for safeguards and for information that would show whether students assessed via MCD are receiving ongoing oversight and services comparable to those with IEPs. Committee members asked CSF for counts by disability category and asked the department and CSF to return with data describing how therapies and other services are tracked and verified for students who qualify via MCD.
CSF said the MCD must be re‑submitted annually and that CSF validates licensure on submitted medical certifications, but staff acknowledged they do not track growth in individual students the same way an IEP documents annual goals and triennial evaluation results. The committee signaled it will revisit the issue with requested data.
