Family & Community Special Communities
Special Education

Preliminary Study of the Special Education Standard for Services - February 2000

Part 6: Discussion

This study is preliminary for several reasons. First, it is difficult to draw definitive conclusions from the data because of the lack of up-to-date and consistent data for state-by-state comparisons. Second, it is difficult to isolate the impact of the MPD standard because of the interaction of a number of other factors that affect the delivery of special education in a complex system. The study commissioned by the Legislature may address these difficulties.

With those caveats, this preliminary study found that the MPD standard may have an impact on special education placement rates and costs in Massachusetts, but the impact could not be isolated and quantified. With respect to outcomes for students, the limited data available suggest that the MPD standard does not result in improved outcomes for Massachusetts students in comparison to students in states with a FAPE standard. The review of legal decisions, on the other hand, indicates that on a case-by-case basis, the standard for services may serve as an important factor in determining placement or services, although other variables also play a significant role. In addition, it is possible that the MPD standard affects local decision-making in individual cases, the vast majority of which do not go to hearing. These findings fit the anecdotal evidence provided in public meetings and discussions that suggest some individual students may receive greater amounts of services in more specialized and separate settings, due in part to the MPD standard.

If the Legislature and Governor act to change the statutory standard for special education in Massachusetts MPD to FAPE, it would be advisable to provide funds for the first year of transition to support training and information for school districts, parents and others about the meaning of the FAPE standard. As the legal review suggests, school districts and parents should both recognize that FAPE is not a "minimal" standard. Depending on individual needs, a student may receive the same types and amounts of services under FAPE as under MPD.

Indeed, both the FAPE standard and the MPD standard share these common attributes:

• Both standards are based on an individual assessment of student needs.
• Both standards require a program that is expected to provide educational benefit to the student.
• Both standards rely equally on the evaluative information related to the student's individual needs.
• Both standards are closely tied to the requirement to provide services in the least restrictive environment (LRE).

If a new standard is implemented, it will also be important to collect and analyze the data over a period of years in order to report on the results of the change. Implementation of the new data collection and reporting requirements under the federal Individuals with Disabilities Education Act, and of a greatly improved electronic student data collection system in Massachusetts, will enable the Department to analyze and report on findings and trends much more systematically.

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