Miriam Segura-Harrison : Massachusetts Rule Hurts Special Needs Kids

The Institute for Justice, a nonprofit public-interest law firm, is set to file a lawsuit on Monday at the US District Court in Boston, challenging a regulation that restricts the rights of thousands of Massachusetts families and undermines the state’s education system. The lawsuit targets a regulation that, due to Article 18 of the Massachusetts Constitution, imposes a harsh burden on families seeking special education services for children with disabilities.

Massachusetts boasts some of the most progressive education policies in the nation, including Chapter 71B, which mandates that all schoolchildren diagnosed with learning disabilities receive appropriate special education services funded by the state or local government. This entitlement extends to students in both public and non-public school settings, ensuring that children with disabilities are provided with the necessary support to thrive academically.

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However, a regulation enforced by the Massachusetts Division of Elementary and Secondary Education complicates matters for special-needs students enrolled in private schools. Under this regulation, students with disabilities attending private schools are only eligible to receive government-funded services in a public school facility or other neutral site, a requirement that goes against the principles of Chapter 71B.

The lawsuit argues that this regulation is not only illogical but also unconstitutional. By forcing children with disabilities to access services in public schools, the regulation infringes on parents’ rights to choose the best educational environment for their children. It also discriminates against special-needs students in private schools, denying them the same level of support available to their peers in public schools.

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Among the plaintiffs represented by the Institute for Justice is the Harrison family, whose 6-year-old son, identified as H.H., has multiple learning disabilities. Despite requiring specialized services such as occupational therapy and psychological counseling, H.H. is unable to access these services at his Orthodox Jewish day school due to the restrictive regulation.

The Harrisons face a difficult choice: either disrupt H.H.’s education by transferring him to a public school to receive services or continue navigating the burdensome process of transporting him to a public school multiple times a week. This dilemma highlights the challenges faced by families whose children have disabilities and are enrolled in private schools.

The lawsuit underscores the fundamental right of parents to make educational choices that align with their children’s needs and beliefs. By challenging the discriminatory regulation, the Institute for Justice aims to uphold the principles of inclusivity and equal access to education for all children in Massachusetts.

The outcome of this lawsuit could have far-reaching implications for the state’s education system and the rights of families with children who have special needs. By addressing the barriers created by Article 18 and the associated regulation, Massachusetts has an opportunity to enhance its commitment to providing quality education for all students, regardless of the school they attend.