Special ed changes contested Advocates for disabled children worry services could be limited

PORTLAND – A move to revise Maine’s eligibility guidelines for special education in light of a federal court decision has raised concern among advocates for families of children with disabilities.

At issue is whether the state will limit services for children who have a disability but are able to perform well academically.

The changes were sought in response to U.S. District Judge D. Brock Hornby’s ruling that a western York County school district must provide special services to a girl who had been diagnosed with Asperger syndrome and depressive disorder.

The girl, identified in court records as “L.I.,” was denied services because she had some academic success, but Hornby noted that educational performance under Maine law also includes development of social skills.

Educators fear that increasing the number of Maine students eligible for special education would put a strain on school budgets. The Department of Education proposed changes as part of a continuing review of special education guidelines.

A set of proposed rules was withdrawn this month after advocates and families of children with special needs complained that the process was moving too quickly. The rules, which require legislative approval before final adoption, will be presented again at a series of regional meetings as early as next month.

The extent to which Hornby’s ruling would expand eligibility for special ed remains unclear.

Lenny Schafer, who edits the California-based newsletter Schafer Autism Report for parents of children with autism, wrote that if the ruling is upheld by higher courts it could double the number of children in the nation who receive special education services.

Diane Smith, staff attorney for the Disability Rights Center of Maine, suggests that the number would be relatively small.

“There are very few kids who need special ed for behavioral issues and have no academic needs,” she said.