Every child, regardless of their disabilities, deserves a chance to pursue their dreams. However, when children with disabilities are not provided with appropriate support and educational services, they face significant disadvantages that make their lives more challenging.
To address this issue, federal law mandates that all states - and school districts - offer their kindergarten through twelfth-grade students an Individualized Education Plan (IEP). Though federal law oversees the policies surrounding IEPs, some states have expanded on these laws. If your child is having a difficult time receiving or amending their IEP, it is crucial you reach out to Attorney Joseph D. Lento and the Lento Law Firm's Special Education Defense Team.
Below you will find answers to frequently asked questions about IEPs in Michigan.
What is an IEP?
The Individuals with Disabilities Education Act (IDEA) was written to address the disparities between individuals without disabilities and those with disabilities. The laws governing IEPs are listed under the IDEA, which considers IEPs legally binding documents. As such, they must describe the accommodations and services that the student will receive to support their education.
For a student to be considered for an IEP, they must have a disability, which might include one of the following:
- Traumatic brain injuries
- Intellectual disabilities
- Autism
- Visual impairments or blindness
- Hearing impairment and/or deafness
- Speech or language impairment
- Orthopedic impairments
- Multiple disabilities
Additionally, students with serious emotional disturbances are also eligible for an IEP if they have been exhibiting one or more of the following characteristics listed below for a long period of time and to the degree that makes it hard to do well in school:
- Having a very hard time learning, but not because of an intellectual, sensory, or health issue.
- Finding it impossible to make or develop relationships.
- Exhibiting inappropriate feelings or behaviors about people or situations under normal circumstances.
- Experiencing depression or sadness for a prolonged period of time.
- Going through school or personal problems and developing physical symptoms or fears after.
- Being diagnosed with schizophrenia.
Prior to getting a complete IEP, there are several steps that need to be completed first. The most important step is getting an evaluation done if you believe your child would benefit from an IEP. Usually, your child's teacher will request an IEP evaluation before you do, but if they do not, you can reach out to the school and request it yourself.
During the initial evaluation, the evaluation team will meet with you and your child to conduct assessments and watch how your child behaves. The evaluation team typically consists of your child's teacher, yourself, and at least one other qualified individual - usually the school guidance counselor or school psychologist. After they have evaluated your child, they will determine if they qualify for an IEP. If they determine that your child does qualify for an IEP, they will schedule an IEP meeting.
At the IEP meeting, you will have the opportunity to discuss the evaluation and propose services and accommodations you think will benefit your child. The IEP evaluation team is supposed to collaborate with you to reach an agreement on what services and accommodations will be included in the IEP. Once the IEP is completed and all parties are satisfied with it, the school will roll out its stipulations immediately. The IEP is supposed to be reviewed at least once a year, but you can request additional IEP meetings throughout the year to have it amended and positively reflect what your child needs as they grow.
Unfortunately, there are situations where the school district either does not offer an IEP meeting, delays or tries to reschedule them repeatedly, or disagrees with the services you've requested. When this happens, you must reach out to an attorney-advisor with experience advocating for children with disabilities.
Transition Plans
In Michigan, once a student reaches the age of 14, their IEP should begin to include goals for a smooth transition after high school, and by the time they are 16, this process must be securely in place. Further, the transition plan should be based on your child's individual needs, skills, and interests and reflect opportunities for continuing education, work, and living arrangements after graduation.
Once a transition plan is created, it should be modified at least twice a year to ensure it keeps up with the child's needs, and most parents opt to have it amended every quarter.
Private School Exceptions for Michigan IEP Regulations
The IDEA only applies to public school systems, not private schools. If a parent were to enroll their child with a disability into a private school, the child would likely have no right to an IEP. However, Michigan, like most states, has local educational agencies (LEAs) that will provide special education evaluations and services to students in private schools around the state. Thus, when an LEA evaluates a student with disabilities for special education services and determines that they are eligible for them, they must offer the child a Free Appropriate Public Education (FAPE) in a public school. Parents may choose to refuse this offer because they believe their child is receiving a perfectly adequate education in their private school.
There are some cases, though, where a parent purposefully placed their child with a disability into a private school and was able to have the state pay for the services and accommodations they needed at the private school because to place them in the public school setting would have caused harm to the child. Additionally, if a child with disabilities is enrolled in public school and the parent can prove - usually to a court of law - that the accommodations and services requested are either not being provided or substandard substitutions are, they may be able to get the public school district to pay for the student's private school placement.
Michigan's Additional Requirements
Michigan has chosen to follow the IDEA to the letter, but it does express specific accommodations and services it will offer students with an IEP. For instance, school districts in Michigan have specific accommodations they will offer students with IEPs, including:
- Universal tools, like scheduled breaks, taking the test in a small group, using highlighters, repeating directions, using sticky notes or scratch paper, and using line guides.
- Taking the test orally, using text-to-speech to take the exam, or taking the exam at an off-site location.
- Being given exams in braille, having someone read the test aloud to them, having an American Sign Language interpreter, or using closed captioning.
- Having someone take notes for them, getting extra time on exams or assignments, and having access to snacks.
Moreover, the IDEA encourages schools to teach students who receive such accommodations on how to use or invoke them so that time does not have to be spent doing so during the assignment or examination.
Emergency Event Plans & IEPs
All school districts are required to follow the federal government's mandate for emergency preparedness. This means that they must create policies and procedures for specific emergency situations such as tornadoes, hurricanes, earthquakes, other natural disasters, and active shooter drills and fire drills. Moreover, the federal government has stipulated that these procedures are practiced by the school throughout the year.
The Guide for Developing High-Quality School Emergency Operations Plans also advises that each school district incorporates emergency proceedings, support, and accommodations into IEPs. This way, both the parent, school, and child know what to do during an emergency at school. Some of these supports might include:
- Creating a pre-identified space for the child to self-regulate that is quiet and separate.
- Giving the student one-to-one supervision during transitions and emergencies.
- Giving the student access to emergency medications.
- Making sure they have access to hand sanitizer or sanitation stations.
- Implementing a peer buddy system.
- Teaching the student self-soothing strategies.
- Giving the student an opportunity to practice emergency procedures prior to the emergency.
- Offering them earplugs or noise-canceling headphones.
- Making sure the student's service animal, if they have one, is familiar with as many people at the school as possible and has participated in the drills prior to an emergency.
- Ensuring students with temporary disabilities - like broken arms or legs - receive short-term accommodations- for children with temporary disabilities.
Schools are also supposed to ensure their faculty and staff are trained in emergency situations, especially when they have more than one student with an IEP.
In some situations, your child's IEP may not include an emergency event plan. If this happens, you have every right to contact the school and request an IEP meeting to correct the IEP plan. If the school is slow to schedule one or fails to schedule one completely, an attorney-advisor can help require them to do so. Call the Lento Law Firm today.
Report: Overview of Special Education in Michigan
Since Michigan has adopted the IDEA regulations, it has done a good job, in general, of rolling them out through its school districts. Unfortunately, some school districts are still slow to offer IEPs to families of children with disabilities or to provide transferring students who had IEPs at their old schools with new IEPs. To combat such issues, the Michigan Department of Education makes sure to create tip sheets and update procedures and rules as much as possible.
If you believe your child is being mistreated by their school or lost in the shuffle, Attorney-advisor Lento and the Lento Law Firm Special Education Law Team are here to help negotiate with the school on their behalf.
IDEA Reauthorization
The IDEA was originally implemented into federal law in 1975 and was reauthorized in 2004. Then, in 2018, Part B of the IDEA was introduced by the federal government and adopted by Michigan. Part B stipulates that for states to receive federal assistance, they have to submit a State Plan, which explains how the assistance will be used and the policies and procedures the state currently has in place. Michigan's State Plan might include the following:
- Their free appropriate public education policy.
- How a limited FAPE is offered to children under three years old.
- Physical education requirements.
- Which assistive technology services or devices they will provide for disabled students.
- Services offered in an extended school year.
- Alternative education placements.
- Options for other programs.
- Non-academic services.
- Procedures for finding and evaluating disabled children in the state.
- Individualized Education Plans.
- Residential placements.
- The plan for conducting routine external surgically implanted medical devices and hearings.
- Their least restrictive environment policy.
Costs
The IDEA was created with the intention of providing free services and accommodations for all students eligible for an IEP. In reality, though, there is limited federal funding in most states, including Michigan. Additionally, federal law only stipulates that schools are to provide "reasonable" accommodations, which means that it is up to the school district to decide what is appropriate for the child. For instance, if your child has a visual impairment and would do better with their materials in braille, the school might opt to simply place the student closer to the board and teacher. Their accommodation is free and reasonable but is not what is in the real best interest of the child. If something similar to this happens to your child, an attorney-advisor with experience in special education is the best way to ensure your child gets what is actually in their best interest. Costs should be factored into what is offered, but they shouldn't be the only factor the school district considers.
Lack of Funding Does Not End a Student's Right to Education
Many school districts will deny your accommodation and service requests because of a supposed lack of funding. While many schools do have some funding issues, there are ways to overcome them. When you arrive at your IEP meetings, it is imperative you voice your funding concerns and try to prove the accommodations and services are not just reasonable but necessary for your child's success.
Unfortunately, most parents do not realize how important it is to assert their positions and end up just going with whatever the school offers. But by hiring an attorney-advisor, you can make sure you understand all of your options and how to negotiate with the school to achieve the outcome you want. Attorney-advisor Lento and his team have worked with students all over the country and can use this experience and knowledge to encourage better accommodations for your child.
Michigan Department of Education Office of Special Education
Though the IDEA governs the IEP process throughout the country, the individual states are supposed to create their own processes to resolve disputes when conflicts come up. In Michigan, the Michigan Department of Education Office of Special Education oversees the mediation and due process proceedings.
Once a complaint is lodged against a school or school district regarding how they have handled a student with disabilities needs, the Office of Special Education will determine if the complaint should be investigated or dismissed. When they decide it should be investigated, they will notify the school, school district, and parents and begin their preliminary interviews. In some cases, the parties may decide to participate in mediation, which will be conducted by a third-party, impartial individual. This person will give the parent and local education agency a chance to discuss their conflict and help them reach an agreement together. If they are able to
Due Process Hearing
When a due process complaint is filed, the Michigan Office of Administrative Hearings and Rulings (MOAHR) will assign an administrative law judge (ALJ) to oversee the proceedings. The ALJ will review the complaint and determine if it has been filed properly. In cases where the parent has filed the complaint, the district and parent have 15 days to hold a resolution session.
If the dispute is resolved and the parties reach an agreement, they can request for the due process hearing to be resolved and the case closed. But if the resolution session is waived or an agreement cannot be reached during the resolution session, the ALJ will either schedule a pre-hearing conference or refer the matter for mediation. During this conference, the parties will clarify their complaints, exchange witness lists and proposed exhibits, and schedule the due process hearing.
During the due process hearing, both parties will have an opportunity to be heard. This means that they will both be able to present evidence and witness testimony to support their arguments, as well as cross-examine the other party's witnesses and evidence. Once both parties have been fully heard, the ALJ will review what has been presented and issue a written decision. The written decision will include things like the procedural history, the witness and evidence list, the issues being disputed, any law that applies to the decision, the ALJ's findings of fact, how they applied the regulations or rules to come to their conclusion, and whatever decision they've made.
If the written decision includes corrective action, it must be completed within one year. If it is not, the Office of Special Education will issue further penalties until the corrective action is completed - only then will the case be closed. Additionally, if either party disagrees with the ALJ's written decision, they can appeal it to a higher authority. The instructions for the appeal will also be included in the ALJ's written decision.
Special Considerations for Preschoolers
Under Section 619 of Part B of the IDEA, the federal government extended special education and coordinating services to preschoolers between the ages of 3 to 5 years old. Like their older counterparts, the section specifies that if the school believes they would benefit from an educational placement, it must be made in the least restrictive environment. To determine the least restrictive environment, the school must consider any harmful effects the child might incur by being placed there or the quality of services they will receive.
Sometimes, schools end up failing to place the child in the least restrictive environment, and when this happens, it is important to work with an attorney-advisor to encourage them to rethink the placement. It also creates a paper trail for your family in the event civil litigation is necessary. At the end of preschool, or when they turn five years old, the child will age out of their services. Once kindergarten starts, it is important you reach out to the new school to schedule an IEP meeting for them to ensure there isn't too long of a gap between services.
Protect Your Student's Rights
Under the IDEA, all children with disabilities are eligible to receive a FAPE (a free and appropriate public education). School districts must comply with this declaration by providing accommodations and services to children with disabilities. In order to prove these services and accommodations have been offered, schools are charged with creating IEPs on behalf of the child. As such, IEP documents are legally binding, so if the school does not follow through with the accommodations and services they specified in the document, they could be punished by the state - and potentially federal - government.
Attorney-advisor Joseph D. Lento and the Lento Law Firm's Special Education Law Team have extensive experience helping children with disabilities, and their families, navigate these complex proceedings. They understand how confusing they can be and will work tirelessly to ensure you understand your rights and how to defend yourself. Your child has every right to participate in their academic career in a way that makes them feel empowered. The federal government has said as much, and your school is supposed to comply with this ruling. If you believe your school is failing your family, the Lento Law Firm can help. Call 888-535-3686 today or schedule a consultation online.
