Group files lawsuit challenging law signed by Holden

JEFFERSON CITY, Mo. -- A bill signed into law by Gov. Bob Holden that changes the accommodation standards for special-needs students in public schools is being challenged in court.

Michael Finkelstein, managing attorney for Missouri Protection and Advocacy Services in Jefferson City, filed a lawsuit Wednesday in Cole County Circuit Court alleging that the new law is unconstitutional.

The lawsuit alleges that the legislation was passed without appropriate notice and bypassed the regular legislative process.

"The repeal of Missouri's maximizing standard was slipped into legislation and it was not brought to the attention of the overwhelming majority of legislators who voted for the bill," Finkelstein said. "This disability community is justifiably outraged at the way this bill was passed. By virtue of our lawsuit we hope to right this wrong."

Jerry Nachtigal, Holden's spokesman, said Wednesday the governor's office was aware of the lawsuit but declined comment because the matter is pending litigation.

State education officials have backed the changes in the standards, which they claim are necessary to spare schools from high costs and allow them to follow lower federal standards that many school districts have been using for decades.

In 1973, Missouri lawmakers passed a special education law requiring "services sufficient to meet the needs and maximize the capabilities of handicapped and severely handicapped children."

But in 1974, Congress passed a federal law simply requiring a "free and appropriate public education."

Standard not followed

Missouri schools never followed the state law, instead abiding by the federal standard.

In December, however, the Missouri Court of Appeals ruled that a Camdenton school should follow the state's "maximization" standard for meeting a student's special education needs.

The state Supreme Court declined to hear an appeal. So school officials sought to repeal the state law.

After signing the bill, Holden acknowledged the concerns over its passage but said the measure's benefits outweighed potential problems. The legislation is scheduled to go into effect Aug. 28.

The bill replaces the state language with the federal phrase about an "appropriation education." The bill is supported by nearly a dozen school groups.

More than 137,000 people ages 3 to 21 received special education services in Missouri during last school year.

Missouri was one of four states that had a higher accommodation standard than the federal government, according to the state Department of Elementary and Secondary Education.

Massachusetts has since gone back to the federal standard, leaving only Michigan and North Carolina as states similar to Missouri.

Education officials have said Missouri's higher standard not only could cost schools money but, because it is unusual, could make it difficult for schools to apply accommodation decisions from other states.

The education bill is HB2023 (Franklin).