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Special Ed Ruling Hits Community in Wallet; The Decision is Likely to Affect Small Maine Towns That Pay Tuition to Educate Students Elsewhere.

Posted on: Sunday, 4 December 2005, 15:00 CST

By KEVIN WACK Staff Writer

A ruling that requires a Maine community of just 250 people to pay the room and board of a special education student could have a big financial impact on some of the state's smallest towns, lawyers in the case said Friday.

The repercussions of the decision are likely to be felt in towns that are too small to operate their own schools and instead provide money for tuition at a school of the family's choice.

It's estimated that about 14,000 Maine studentsparticipate in such tuition programs. Roughly 2,500 of them are enrolled in special education classes.

Last month, a lawyer appointed to settle a dispute involving a special education student from Dallas Plantation found that the small western Maine community is required by federal law to pay $50,000 in transportation, room and board costs that were incurred over six years.

That's a lot of money for a community without a police force or fire department, which only spends about $150,000 each year to educate its roughly 30 students.

Amy Sneirson, a Portland lawyer who represented the student's family, said the case has been watched by other Maine school districts that don't have their own schools.

Until now, she said, those small districts have been setting their own policies. Dallas Plantation agreed to pay the cost of the special education student's tuition, but it drew a line at room, board and transportation costs.

"I think they thought, `We're giving you all this money. How dare you ask for more?' " Sneirson said. "It's easy for everyone to say it's not fair until it's their kid."

Brendan Rielly, a lawyer who represented the town, vowed to appeal what he called a disappointing, potentially dangerous decision. The ruling, which was issued after an administrative hearing in September, can be appealed to federal court.

Rielly maintains that the student, who is now 19, was placed in out-of-state schools as part of the Maine town's tuition program, not as a special education student.

Phil Richardson, superintendent of School Union 37, which includes Dallas Plantation and Rangeley, did not return a phone call seeking comment Friday.

The decision in Maine was issued on the same day the U.S. Supreme Court ruled that parents who challenge special education placements have the burden of showing the school's program is not appropriate. Unlike the Maine ruling, that decision was a disappointment for disability rights advocates.

The Maine case was brought by Martha Chase, whose son, David Bekeny, was sent to schools in Vermont, Virginia and New Mexico because of behavior and learning problems.

Chase, 60, hopes that more parents of students with special needs will become aware of their right to a free, appropriate public education. But she also hopes that parents and school officials will learn to work together to find the best solutions for the students.

Chase has since moved to Arkansas, but while her son was in school, the dispute caused resentment in Dallas Plantation.

"I felt badly about it," Chase said. "There aren't so many citizens, so a few people are footing a big budget."

Staff Writer Kevin Wack can be contacted at 282-8226 or at:

kwack@pressherald.com

Source: Portland Press Herald

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