Deep in Judge Thomas Moukawsher’s decision in the Connecticut Coalition for Justice in Educational Funding v. Rell is troubling language regarding funding for students with severe disabilities. Judge Moukawsher is correct that identifying students with disabilities remains imprecise and subjective. And yes, school funding issues are negatively and disparately impacting students with disabilities. However, the language Judge Moukawsher uses in his ruling regarding determining educational benefits for students with the most severe disabilities is disturbing at best.
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