Preliminary Study of the Special Education Standard for Services - February 2000
Reviewing The Standard For Special Education Services:
Maximum Possible Development
Executive Summary
Background
During the course of FY 1999 the Massachusetts Department of Elementary and Secondary Education reviewed available data to consider the effect of the state special education standard for services. Although the term "maximum feasible benefit" is commonly used, the state statute (MGL Ch.71B) most often uses the term "maximum possible development" and, therefore, throughout this report the acronym "MPD" is used to refer to the standard. As part of its review the Department considered the possible impact of a change to the federal standard of "free appropriate public education" ("FAPE").
What the Department Reviewed
The Department identified seven comparison states with some similar and some dissimilar features from Massachusetts. Special education laws and data from the states of Connecticut, Michigan, Missouri, New Jersey, Rhode Island, Virginia, andWisconsin were examined. These states are representative of special education systems in other parts of the United States. The following data were reviewed:
Eligibility rates: Massachusetts has one of the highest percentages of students identified as eligible for special education (FY 1999: 16.9% of the public school enrollment).
- The incidence rate has been relatively stable since 1992.
- In contrast, nationally and in the comparison states, the number of eligible students has been rising consistently during that same period of time.
Placement rates: Although the MPD standard is certainly a factor in some placement decisions, it was not possible to isolate it through review of the available placement data for Massachusetts, the nation, and the comparison states.
- For example in FY 1997
| Massachusetts use of separate day and residential programs | 5.3% |
| U.S. as a whole | 3.9% |
| New Jersey, operating under the FAPE standard | 9.3% |
- Various factors may affect placement decisions, including state standards, funding formulas, the use of state schools, the promotion of inclusive schooling practices, and the relative availability of private special education programs.
Outcome data: Neither Massachusetts nor other states have produced comprehensive or comparable outcome data on special education students.
- One reason for the inadequacy of the data is that until the enactment of the federal Individuals with Disabilities Education Act Amendments of 1997, the federal government has not asked states to produce this information.
- Available studies have been limited in scope and participation.
- Based on very limited data, no measurable differences were found between Massachusetts and other states with different special education standards.
Costs of education and special education: A full review of all the factors associated with determining cost and cost comparability was beyond the scope of this preliminary review.
- The federal government stopped requiring financial data after the 1987-88 school year because of concerns over accuracy and inability of states to provide information.
- FY94 is the most recent available financial information providing state-to-state comparisons. The FY94 data is based on a survey with multiple caveats on the accuracy and comparability of the information.
- With these caveats, the data on dollar expenditures for education (including special education) suggest that Massachusetts is generally in the top 15% of states.
- When the expenditure data are adjusted based on purchasing power, Massachusetts' spending in "cost-adjusted" dollars is comparable to the national average (with a state rank of 23).
- Other states that report high expenditures for education in both "cost-adjusted" and absolute dollars, such as Connecticut and New Jersey, operate under the FAPE standard for special education.
Legal review: The Department contracted with an outside attorney to research the legal decisions associated with the MPD standard in Massachusetts, standards in other states, and the FAPE standard nationally.
- While the standard (MPD or FAPE) is a factor in determining appropriate services and placements, it is not the only factor nor is it necessarily the most important factor.
- Regardless of the standard, judges and hearing officers decide each case based on the student's individual needs and the facts presented.
- The standard for services is one of a number of factors that affect placement and/or services in individual cases.
- The FAPE standard is not a "minimal" standard. Depending on the individual needs of the student, a student living in a state operating under the federal FAPE standard may receive the same types and amounts of services that a student living in Massachusetts would receive under the MPD standard.
last updated: February 1, 2000
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