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Special education Law Blog

How will the recession affect special education?

2/16/2010

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Last year, Massachusetts cut state aid for special education by $90 million or approximately 40 percent.  The governor’s proposed state budget for this year cuts special education funding by $5 million.   

How will this affect Massachusetts's parents and their children?  Schools will be forced to tighten their proverbial belts.  Schools districts will be reluctant to indentify children in need of special education.  Districts may fight private placements more vigorously.  One-on-one aide positions may be cut, and remaining aides will be responsible for more children.  Officials may be less likely to suggest assistive technology for those children who may benefit from it.

But while special education budgets are challenged, the laws protecting students remain the same.  If schools fail to provide children with a Free and Appropriate Education (FAPE) in the Least Restrictive Environment (LRE) they will be violating the law.  These violations could lead to costly litigation and more importantly, lost educational opportunity to many of Massachusetts's children.

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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

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