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Experts Discuss Controversial Court Ruling About Students With Severe Disabilities

Pool Photo / Stephanie Aaronson
/
Wall Street Journal

Special education professionals and parents gathered at the University of Connecticut's School of Law on Friday, to talk about changes that may follow a landmark court case decided last September. One of those changes has to do with perceptions of children with severe disabilities.

In a decision last year, Supreme Court Judge Thomas Moukawsher sparked controversy when he questioned whether schools should be educating severely disabled students.

"The first step is for schools to identify and focus their efforts on those disabled students who can profit from some form of elementary and secondary education," Moukawsher said. 

Margaret McLaughlin, professor at the University of Maryland's College of Education, addressed this idea. She said this language assumes that some children simply aren't able to learn -- and that idea goes against what's called the "zero reject" policy, which is part of federal special education law.

"I really don't sense that there's a national movement to suddenly say, 'These kids can't be educated' and 'They cost too much,'" McLaughlin said. "But I do agree that having it even in a decision like that is not just controversial, it's troublesome."

Robert Villanova runs the executive leadership program at UConn's Neag School of Education. He said that the judge's position raises other questions outside of special education, such as the civil rights of children with disabilities. But he also said it's one thing to know what’s right, but it's another to make it happen, especially when resources are limited.

"Trying to define adequacy, and all the terms that education advocates and parents and educators have to try to sort out at the ground level is obviously complex," Villanova said. "More so when you put the funding issue on top of that. So the conflict between what's best for a child and what a district can afford -- knowing full well that in these economic times, there's a fixed source of income often times."

When the federal government passed the first special education law in the 1970s, it promised to fund 40 percent of the program costs. But less that 10 percent of special education costs in Connecticut are covered with federal dollars each year.

David finds and tells stories about education and learning for WNPR radio and its website. He also teaches journalism and media literacy to high school students, and he starts the year with the lesson: “Conflicts of interest: Real or perceived? Both matter.” He thinks he has a sense of humor, and he also finds writing in the third person awkward, but he does it anyway.

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SOMOS CONNECTICUT is an initiative from Connecticut Public, the state’s local NPR and PBS station, to elevate Latino stories and expand programming that uplifts and informs our Latino communities. Visit CTPublic.org/latino for more stories and resources. For updates, sign up for the SOMOS CONNECTICUT newsletter at ctpublic.org/newsletters.

SOMOS CONNECTICUT es una iniciativa de Connecticut Public, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

The independent journalism and non-commercial programming you rely on every day is in danger.

If you’re reading this, you believe in trusted journalism and in learning without paywalls. You value access to educational content kids love and enriching cultural programming.

Now all of that is at risk.

Federal funding for public media is under threat and if it goes, the impact to our communities will be devastating.

Together, we can defend it. It’s time to protect what matters.

Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.