Preliminary Study of the Special Education Standard for Services - February 2000
Reviewing The Standard For Special Education Services: Maximum Possible Development
Introduction
The Massachusetts Department of Elementary and Secondary Education reviewed available data and legal decisions in relation to the standard for special education services in Massachusetts often referred to as "Maximum Feasible Benefit." The purpose of this preliminary study was to consider the effect of the state special education standard for services, especially in comparison to the federal standard of "free appropriate public education."
The term "maximum feasible benefit" does not appear as such in G.L.c. 71B. The term came into use after decisions of the Massachusetts Supreme Judicial Court (Stock v. Massachusetts Hospital School, 392 Mass. 205 (1984)) and the U.S. Court of Appeals for the First Circuit (David D.v. Dartmouth School Committee, 775 F. 2d 411 (1st Cir. 1985)) referred to language in G.L.c. 71B mandating that the Individualized Educational Plan developed for a student with disabilities must "benefit the child to the maximum extent feasible." That phrase still appears in G.L.c.71B, § 3, paragraph 16, but it was amended in 1989 to state that the program must "benefit the child to the maximum extent feasible in the least restrictive environment." The Stock and David D. decisions also referred to the phrase in G.L.c. 71B, § 2 that called for the "maximum possible development" of a child with special needs. That provision, too, was amended in 1989 so that it now reads, "maximum possible development in the least restrictive environment." The term "maximum possible development" (MPD) is most often used in G.L.c. 71B and therefore "MPD" is used throughout this document. The three major references to the standard for services can be found in G.L.c 71B, § 2 in the first paragraph, and in § 3 in the 12th paragraph and the 16th paragraph.
Within the limits of available data and resources, the Department's preliminary study reviews the following:
- Part 1 - Eligibility: How does Massachusetts compare with other states?
- Part 2 - Placement: does the MPD standard result in different placement decisions?
- Part 3 - Outcomes: does the MPD standard result in different outcomes for students?
- Part 4 - Costs: does the MPD standard result in higher costs?
- Part 5 - Legal Review (based on analysis by Daniel Ahearn, independent legal consultant): To what extent does the MPD or FAPE standard affect decisions of hearing officers and judges in special education cases?
- Part 6 - Discussion
CHART A: Comparison States
In this document, data are presented comparing Massachusetts with seven other states: Rhode Island, New Jersey, Michigan, Virginia, Connecticut, Missouri, and Wisconsin. These states were chosen for the following reasons:
| Rhode Island | Neighboring state; recently exceeded Massachusetts' percentage of students in special education. Percentage of students in special education by age is very similar to Massachusetts. Ethnicity variation is similar to Massachusetts. |
| New Jersey | Has a high percentage of students in special education, and, until 1989 had a standard higher than the federal FAPE standard. In 1989 the New Jersey law was amended to clarify that New Jersey follows the federal FAPE standard. New Jersey has a slightly larger public school population than Massachusetts, but is similarly diverse in the mix of urban and rural communities, economics, and ethnicity. |
| Michigan | Michigan's public school population is almost twice that of Massachusetts. Michigan offers special education services to age 26, but is in the lower third of the United States generally in the percentage of students in special education. The Michigan state standard has similar terminology to Massachusetts (e.g., IEPs must be designed to "develop the maximum potential of a child"), but the courts have, in practice, not defined its meaning. |
| Virginia | Virginia has always used the federal standard of FAPE, and provides similar access to private special education programs such as are found in Massachusetts. Virginia's resident school-aged population is similar to Massachusetts although there is a higher percentage of racial and ethnic minorities in Virginia. |
| Connecticut | Neighboring state. Connecticut has a public school population similar in ethnicity to Massachusetts, uses the federal standard of FAPE, is demographically complex, and is located on the eastern seaboard with similar access to private special education programs such as are found in Massachusetts. |
| Missouri | Missouri was chosen for comparison purposes because although it is similar to Massachusetts in its resident population of 5-17 year olds (school age), it represents another part of the United States with limited access to private special education. The enrollment of students in special education programs is moderately high. |
| Wisconsin | Wisconsin's school-aged population is similar to Massachusetts in terms of size and diversity. Wisconsin's participation in special education is slightly below the national average. Few private special education programs are available. |
last updated: February 1, 2000
|
State Government · State Services 
