A group of Republican-led states is urging the Supreme Court to review a case that could impact school choice, parental rights, and special education services across the U.S. This case involves a dispute, Hellman v. Massachusetts Department of Elementary and Secondary Education, where families challenge a Massachusetts policy that affects special education services for private school students.

The Arguments

Fourteen states filed a friend-of-the-court brief supporting two Massachusetts families. They argue that governments should not make it challenging for parents to access educational benefits, effectively pressuring them into public schools. The states claim Massachusetts uses special education services as leverage to influence families’ choices.

The states argue that while they do not need to create or fund educational benefits, they cannot impose restrictions that force parents to forgo benefits if they opt for private schools. They believe such actions use taxpayer dollars to coerce families into public education.

Massachusetts’ policy requires that private school students travel to public or neutral locations to receive state-funded special education services. Families claim this creates a significant burden, leading children to lose instructional time and, in some cases, forgo needed services altogether.

Who Is Affected?

Special education services impact millions of families. Over 7 million public school students receive services like speech and occupational therapy. Most U.S. private schools enroll some students with disabilities. The outcome of this case could dictate whether states funding such services for private school students must allow those services on private school campuses.

The Hellman Case

The case centers on families, such as the Hellmans and the Segura-Harrisons, whose children with disabilities attend private Jewish day schools. Massachusetts extends special education rights to private school attendees, unlike federal law.

The constitutional claim is based on a precedent from Pierce v. Society of Sisters, which recognizes parents’ right to choose private education. The families argue Massachusetts is unlawfully conditioning government benefits on the surrender of these rights.

The Role of Republican States

The brief supporting the families was led by West Virginia and South Carolina, joined by Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Montana, Nebraska, South Dakota, and Texas.

The coalition warns that the ruling could guide opponents of school choice in challenging educational programs. They emphasize that parents best determine their children’s educational environment, especially for students with specialized needs.

Massachusetts’ Position

Massachusetts maintains it is not denying services but complying with constitutional provisions against aiding private schools directly. State-funded services are provided at public or neutral sites, not private school premises.

The First Circuit Court of Appeals accepted this rationale. While recognizing parents’ rights to choose private school, it upheld Massachusetts’ restrictions based on state constitutional obligations.

Next Steps

The Supreme Court has not decided if it will hear the case. The decision could test the boundaries of constitutional protections for parental choice in education and funding restrictions related to private schooling.