Samantha Frechon has been out of school and in a state of academic limbo since September when Braintree Public Schools unilaterally decided not to reenroll the teenager in her special education placement at a private school in Hingham.
It’s unclear how many other students in Massachusetts are in academic limbo like 14-year-old Samantha, but districts across the state pay for thousands of kids to attend specialty schools when they can’t meet the needs of those students. In fact, Massachusetts places special education students “out-of-district” at more than double the rate of the national average, a Globe analysis of federal data found.
Who the system serves and how it works is nuanced. Here’s how it plays out on the ground:
What is an out-of-district placement?
Federal special education law requires school districts to provide every special education student with a “free and appropriate public education.” What education services the child receives depends on the student’s disabilities and necessary accommodations, among other things. If a district does not have the means to provide such an education itself, it must pay the cost to educate the student elsewhere.
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In Samantha’s case, her special education team, which includes administrators, teachers, and her parent, decided her disabilities couldn’t be properly accommodated in a regular school setting. Samantha, who has traumatic stress disorder, ADHD, generalized anxiety disorder, and autism, requires a smaller, calmer environment to learn.
Braintree Superintendent Jim Lee recently told the Globe the district has “acted consistent with its legal obligations and has made available many educational opportunities” to Samantha this school year.
How many students are served by such placements?
Samantha is one of roughly 9,500 Massachusetts special education students who were enrolled in separate public or private day schools at public expense in 2022, while about 800 more were educated at residential facilities, federal data show. That figure is large, in comparison with other states. In 2022-23, federal data show Massachusetts placed 6 percent of its special education students in out-of-district settings compared with 2 percent in California and less than 1 percent in Texas.
For the students in Massachusetts who attend those day schools, roughly one-third have a primary disability of emotional disturbance and another third have autism. Most of the students at residential schools also have autism. Other students, like those with dyslexia, also can be taught at such schools that have more expertise in the area than the student’s home district does.
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How much do districts spend?
Massachusetts school districts spent more than $1.1 billion on out-of-district placements last fiscal year, according to state records. That figure includes transportation costs and tuition to both private schools and public school collaboratives. The collaboratives were initially formed by school districts that, unable to afford specialized programming on their own, pooled resources to operate joint special education programs. How much other states spend on average for such placements is unclear.
Out-of-district costs have increased over the last decade by 35 percent, according to state data.
“It’s unfortunately really expensive to support the kids that need it the most,” said Adam Tiro, a South Shore-based special education advocate advising Samantha’s family.
Most funding for special education, however, goes toward educating students in regular district schools. Those teaching costs have ballooned more than 50 percent over the decade.
How did out-of-district placements come about?
Massachusetts passed its special education law, Chapter 766, in 1972. The law, which enabled more students with disabilities to receive an education, was seen as progressive for its time and served as a model for the first special education law in 1975.
Today’s private special education schools, often called “Chapter 766 schools,” are a legacy of this law. There are currently more than 100 such schools in the state, and advocates say they’re critical.
“School districts don’t have enough support in place for the most needy kids,” Tiro said. “That’s why this small proportion of kids have to go to school with highly trained individuals and controlled environments that public schools simply cannot provide.”
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How do districts afford placements?
The state’s special education “circuit breaker program” reimburses districts part of the cost for out-of-district placements. In fiscal 2023, the state reimbursed districts $430 million under the program, according to the Department of Elementary and Secondary Education.
Still, the reimbursement amount is only a fraction of what districts pay out. Local superintendents say the reimbursements are not enough to account for the escalating costs of private school tuition. The state allowed special education private schools to increase tuition by up to 14 percent last year.
For example, the state is expected to reimburse Braintree Public Schools just over a third of the cost of the more than $9 million it paid last year in student placements to specialty schools.
What will happen to Samantha?
Samantha appears to be caught in the middle as the district wrangles with her mother over her placement. But Samantha’s fate could be determined as soon as this week by a Norfolk Superior Court judge.
Judge Catherine Ham is weighing whether to grant an injunction on Samantha’s behalf, which would require Braintree to reenroll the girl at the school she last attended.
“I just want to go to school,” Samantha recently told the Globe.
Mandy McLaren can be reached at [email protected]. Follow her @mandy_mclaren.