Special Ed Rules Spark More Legal Challenges

February 10, 2010

New rules designed to reduce special education costs have led to an increase in legal challenges by families seeking services for their children, a lawyer told lawmakers Monday.

Nicole Bradick told the Education and Cultural Affairs Committee that her firm, Murray, Plumb & Murray in Portland , was involved in fewer than five challenges last year. Since the rules took effect last month, the firm has filed 13 legal challenges against the state since the last week in December.

”I don’t want that. The state doesn’t want that,” she said.

Bradick was testifying against the rule changes, which the state Department of Education says would save $3.8 million in special-ed administration costs annually if they become permanent. The changes aim to save money by bringing state rules into line with federal standards.

The department announced the emergency rules last year, but they would expire in one year if not formally adopted through legislation – LD 1741 – to make them permanent.

The increase in legal challenges stems from two of the rules. One reduces from four years to two the time period during which parents could challenge school district decisions on the special education services that a child will receive.

The other forces districts to let students retain their current status in a disputed case only if the family files for a legal hearing – it would not apply if the case is being mediated or investigated.

Reducing the time limits for legal challenges will make the hearings quicker and easier, said David Connerty-Marin, the department’s director of communications.

”Let’s focus the money and energy on providing services rather than administrative procedures,” Connerty-Marin said. ”I’d rather see the money going to kids’ services than to lawyers.”

Another cost-cutting provision that drew opposition at the hearing would have school psychologists and other contractors be paid the standard Medicaid rate rather than allow providers to negotiate rates directly with school districts. The department estimates this alone would save the state $2 million a year.

Thomas Jamrog of Lincolnville, testifying on behalf of the Maine Association of School Psychology, said this would likely encourage members of his profession to seek work outside schools.

Jamrog said he had spoken to 20 special educati on directors around the state who opposed the rate regulations because they were afraid they would lose staff.

Jamrog said he had negotiated a rate of $75 an hour with his school district, which he felt was reasonable considering that he recently paid a generator serviceman $66 an hour to do an oil change.

Representatives of several associations testified Monday, offering varying degrees of support for the legislation.

”In an ideal world, I don’t think anybody would be supporting what you folks are doing,” said Dick Durost, executive director of the Maine Principals Association. ”But it is not an ideal world.

”There are going to be students with a disability who are going to see a decline in the programs and services available to them this year,” he said, ”just like there are going to be students without a disability who are going to see a decline in the programs and services available to them.”

Two work sessions on the changes are scheduled for later this week – Thursday at 2 p.m and Friday a t 9 a.m. Both will take place in Room 202 of the Burton M. Cross building, across from the State House.