Washington
The Education Department has formally agreed to consider Massachusetts’ appeal of a department order that the state return $676,256 in fiscal 1985 special-education funds.
The state’s appeal had been rejected Sept. 23 by the acting chairman of the Education Department’s appeal board on the grounds that it did not fall within the board’s jurisdiction.
But Secretary of Education William J. Bennett announced in the Feb. 11 Federal Register that he had overruled the acting chairman. Although the appeal board typically reviews audit findings, it is also authorized to hear other proceedings designated by the Secretary.
Federal special-education officials claim that they overpaid Massachusetts by $676,256 last year, after finding that the state had exceeded the legal ceiling on the number of handicapped individuals between the ages of 5 and 17 who may receive federal aid.
State’s Complaints
Massachusetts officials mainly challenge the accuracy of the federal statistics and cite the fact that the state must serve students between the ages of 3 and 21. They also say that they were not given adequate notice of the alleged excessive enrollment.
The state’s Congressional delegation is also exploring legislative remedies for its special-education enrollment problems, according to Rhoda M. Schneider, the acting commissioner of education. Massachusetts also disputes a $1.5-million cut in its current grant, but that reduction will not be addressed in this appeal.
