Special Education

Effort To Revise Mass. Spec. Ed. Law Fails; Study Planned

By Kerry A. White — February 18, 1998 2 min read
  • Save to favorites
  • Print

Massachusetts lawmakers have abandoned plans to redefine their special education policy after critics voiced concerns that proposed changes could harm the state’s most vulnerable students.

Members of the legislature’s joint education committee voted 10-6 last week to withdraw a proposal in a special education reform bill that would have replaced the state’s 25-year-old mandate that public schools provide special education students a “maximum feasible” education with the lower federal standard of guaranteeing a “free and appropriate” public education.

Instead, the committee decided on Feb. 9 to underwrite an independent study--to be completed by next February--looking at how imposing the federal standard would affect the state’s 154,000 students with disabilities. The annual per-pupil cost of teaching those students averages about $9,000, but in some cases may soar to $40,000 per year, according to the state education department. (“Lawmakers Advance Proposal To Change Mass. Special Ed. Law,” Jan. 21, 1998.)

Since the language change was gutted, the amended version of the reform bill has moved on to the House ways and means committee. The measure would require passage by the full House and Senate before reaching Acting Gov. Paul Cellucci’s desk, but insiders say such advancement is unlikely.

High Costs

With some 17.5 percent of its children enrolled in special education during the 1994-95 school year, the Bay State had the second-highest proportion of such students in the nation behind North Carolina, according to the latest available data from the Denver-based Education Commission of the States.

Although the state says enrollment in special education is leveling off in Massachusetts, the costs associated with such programs are soaring, the state education department says.

The proposal to change the special education law has been the subject of intense debate and drew a standing-room-only crowd to a hearing at the Statehouse last month.

Opponents of the change, including a bipartisan group of lawmakers, parents of special education students, and advocacy groups, argued that the proposed standard would diminish the quality of services for special-needs students.

But advocates of the new standard--including Gov. Cellucci, a Republican; John R. Silber, the chairman of the state school board; and outgoing Commissioner of Education Robert V. Antonucci--contend that state law allows children with only slight learning disabilities or behavioral problems to enroll in special education. That, in turn, they say, depletes school budgets and the resources available to the neediest special education students.

“The full range of services available under ‘maximum feasible benefit’ are also available under ‘full and appropriate public education,’” Mr. Antonucci told the education committee last month.

But, he added, “the perception of maximum feasible benefit is that it is an unlimited mandate [when] there are not unlimited funds, nor are there unlimited resources.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Cameras in Special Ed. Classrooms: Safety Measure or Privacy Invasion?
Cameras don't address insufficient teacher training, inadequate staffing, and poor behavior policies.
7 min read
A photo showing a CCTV security eye style camera monitoring students in a classroom. The classroom is blurred in the background while the camera is in focus.
iStock/Getty
Special Education Spotlight Beyond the Diagnosis: Helping Students With Dyslexia Thrive
Explore what educators need to know about dyslexia—and how the right support can help students build confidence and thrive.
Special Education New Federal Guidance Could Roll Back Special Ed. Transition Services
New DOJ guidance threatens high school transition programs meant to help disabled students live independently.
3 min read
Lois Curtis, left, addresses a group at the state Capitol in Hartford, Conn., to observe the 10th anniversary of a U.S. Supreme Court ruling that qualified patients have the right to receive community-based care rather than to be institutionalized. Curtis was one of the to plaintiffs in the suit, Olmstead v. L.C. and E.W.
Lois Curtis, left, addresses a group at the Connecticut state Capitol in 2009 to mark the 10th anniversary of <i>Olmstead</i> v. <i>L.C.</i>, a U.S. Supreme Court ruling stemming from a lawsuit in which she was a lead plaintiff that established qualified patients' right to community-based care over institutionalization. In June, the U.S. Department of Justice stated it “will not rely upon the <i>Olmstead</i> Guidance in its enforcement” of the Americans with Disabilities Act, a move that advocates fear could upend transition planning for K-12 students who have disabilities.
Bob Child/AP
Special Education Opinion Disability Studies Is a Rich Discipline That Builds Empathy. How to Teach It
A more inclusive world starts with teaching all students the long history of disability rights.
Brittany R. Collins
•
5 min read
A classroom image with aspects of the struggles of disability rights woven through it.
Vanessa Solis/Education Week + Getty