May 1, 2024

Josh Harrison and Miriam Segura-Harrison have chosen to send their son to a private Jewish school in Massachusetts. When their son was younger, he went to a specialist to determine whether special education services were warranted. This led to a determination by their school committee that their son was entitled, by law, to things like reading services. Unfortunately, their child is largely unable to access these services because Massachusetts regulators have prohibited their provision at the child’s private school. What’s more, Josh and Miriam are unable to leave work multiple times per week to transport him to and from a state-deemed “neutral” location just so their child can receive services that are guaranteed by law and should be provided on-site at school. In short, they have been penalized because they have chosen to educate their child outside of the public school system. When they, as parents, decide how to educate their child, they must make a choice: Do we send our child to a public school, where all the services are available but the best environment for our child is not, or do we provide our child with the best environment but forgo required services? That’s not just wrong; it’s unconstitutional.

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