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OP-ED: Finegold, Miceli Tout SpEd Collaborative Oversight Bill

Bill sparked by fiscal abuses at Merrimack Special Education Collaborative.

 

(Editor's note: The following was submitted jointly by the offices of state Sen. Barry R. Finegold, D-2nd Essex & Middlesex District and state Sen. James R. Miceli, D-19th Middlesex District.)

By State Sen. Barry Finegold and State Rep. Jim Miceli

This month, the Senate and House of Representatives passed legislation that significantly increases oversight of special education collaboratives and includes measures that will significantly benefit students, sending school districts and the taxpayers of Massachusetts.

This bill works towards restoring the trust that was lost after gross indiscretions were committed at Merrimack Special Education Collaborative (MSEC), and we are proud to support increased oversight, transparency and accountability for all collaboratives.

Among a number of other measures, the bill requires collaboratives to complete annual audited financial reports that must be voted into acceptance by collaborative board members. This report must also be submitted to the Department of Elementary and Secondary Education, the Auditor, and most importantly, member school districts and the public (via a website). The bill also prohibits the executive officer of a collaborative from serving as a board member, officer, or employee of any related for-profit or non-profit organization.

No such regulations were in place before this legislation, and we trust that the legislation will prevent collaboratives from skirting the system and wasting taxpayer dollars as they have in the past. The days of inflated pensions and outrageous misuse of taxpayer funding are over.

Sen. Finegold filed an amendment that was included in the final Senate bill that will further increase collaboratives’ accountability to its sending school districts by requiring the executive director of the collaborative to meet annually with the school committee of each of its member school districts. Rep. Miceli filed the same amendment to the House version of the bill. The goal would be to allow the Tewksbury School Committee to engage the executive director of MSEC directly and ask for information or explanations on any programs or spending. That face-to-face contact will give the towns more input on how their special education budget is spent and bring in much-needed local oversight.  

Tewksbury and similar communities who are part of the consortium have actually been deprived of vital resources by scam artists whose primary goal was to line their own pockets with public monies, according to Rep. Miceli.

We look forward to reconciling the House and Senate versions of the bill to bring lasting and effective changes to special education collaboratives’ system.

 

 

Related Topics: Barry Finegold, Beacon Hill, Jim Miceli, Jouse of representatives, MSEC, Merrimack Special Education Collaborative, and Senate

Ellen Chambers

10:40 am on Sunday, January 29, 2012

This is good news that will hopefully prevent another instance of substantial misuse of public funds like that uncovered at the Merrimack Special Education Collaborative.

One major component of the pending legislation requires the Massachusetts Department of Elementary and Secondary Education (ESE) to appoint a voting member to each of the collaborative's board of directors. The assumption here is that this will lead to more ethical behavior. This is a dangerously false assumption.

ESE has a long history of ignoring serious violations of special education law. According to their own data, 5,000 such violations have been documented over the course of the most recently reported five school years. The federal government has cited ESE in 13 out of the last 20 years for failing to fully meet its legal obligations to our students with special needs. When asked by the special education watchdog group, SPEDWatch, to create a plan to reduce the frequency of these violations and to ensure that students harmed by regulatory noncompliance are located and helped, ESE flatly refused to act.

I support the intent of the bill, but I urge the legislature and the governor to look at the facts and rethink placing their faith in a state agency with such an abysmal record of safeguarding student's special education rights.

Ellen M. Chambers, MBA
Consultant
Special Education Rights & Process
141 River Road
Pepperell, MA 01463
Tel (978) 433-5983
emchambers@charter.net

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