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
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
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
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

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 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
Special Education How Teachers Feel About Adapting Instruction for Students With Disabilities
Both general and special education teachers need more time and support to build confidence in differentiating instruction.
3 min read
Jessica DiMaggio, an education for students with disabilities paraprofessional, watches a Structured Academics and Interpersonal Learning or SAIL student put the tips of his index fingers together at Watkins Elementary on Nov. 4, 2025 , in Wylie, Texas.
Jessica DiMaggio, an education for students with disabilities paraprofessional, watches a Structured Academics and Interpersonal Learning or SAIL student put the tips of his index fingers together at Watkins Elementary on Nov. 4, 2025 , in Wylie, Texas. Most teachers don't feel confident in their ability to adapt instruction to differentiate instruction to meet the needs of students with learning disabilities, according to a new survey by the National Center for Learning Disabilities and West Ed.
Angela Piazza/The Dallas Morning News via TNS
Special Education Download How Is an IEP Different From a 504 Plan? At-a-Glance Guide
The support plans are crucial for students with disabilities to access the same curriculum, educational experiences as their peers
A paraprofessional assists a student in a special education program fill out a ballot during an Election Day lesson at Watkins Elementary on Nov. 4, 2025, in Wylie, Texas.
A paraprofessional assists a student in a special education program in filling out a ballot during an Election Day lesson at Watkins Elementary on Nov. 4, 2025, in Wylie, Texas. Determining the supports students with disabilities need to succeed in school starts with deciding whether they will be best served by an individualized education program or a 504 plan.
Angela Piazza/The Dallas Morning News via TNS
Special Education Explainer The Differences Between IEPs and 504 Plans: A Special Education Explainer
What educators need to know about the special education plans.
8 min read
IEP 504
Collage by Laura Baker/Education Week + Canva