In the state of Michigan, there are an estimated 50,000 individuals living with autism spectrum disorder, including approximately 16,500 school-age children.
All people in the United States who are diagnosed with autism spectrum disorder have the right to a free and appropriate education under the Disabilities Education Act (IDEA), which mandates that each state provide eligible children with disabilities a public education that meets their individual needs. It is important to be informed of these legal rights and protections to ensure that your child is treated fairly and given access to all of the supports and services to which you are entitled.
Understanding Michigan's policies and procedures regarding autism spectrum disorder accommodations can help you become an active participant in the planning and monitoring of your child's unique program and legal rights. Sometimes, schools fail to recognize a student's autism spectrum disorder diagnosis, they deny access to support services, or they fail to fulfill their legal obligation to provide an appropriate education.
When this happens, the Education Law Team at the Lento Law Firm can help your child receive the support and services they require. Contact us online and tell us about your case or call our team at 888-535-3686 to learn more.
What is Autism Spectrum Disorder?
Autism spectrum disorder (ASD) is defined as a developmental disability caused by differences in the brain. Individuals with autism spectrum disorder may exhibit behaviors, communication styles, social interactions, and learning approaches that are different when compared to the overall general population. The capabilities of individuals with autism spectrum disorder can vary widely—some individuals with autism spectrum disorder may require substantial assistance in their daily routines, whereas others with this disability can manage independently with minimal support.
Michigan Schools Are Guided By the Michigan Autism Spectrum Disorder (ASD) State Plan
The Michigan Autism Spectrum Disorder (ASD) State Plan is designed to offer schools guidance in developing evaluation procedures for students with autism spectrum disorder. The plan recommends that multidisciplinary evaluation teams in education have access to information and training regarding determining autism spectrum disorder eligibility. This is to ensure precise eligibility determinations, enhance collaboration across agencies to minimize duplication, establish a smooth process for families, and provide pertinent information for the Individualized Education Program (IEP).
Michigan Rules for Special Education ASD Eligibility Criteria
In Michigan, a multidisciplinary team evaluates whether a student is eligible for special education programs and/or services. Michigan's rules regarding eligibility for autism spectrum disorder special education require that the student meet all of the criteria of the Michigan Administrative Rules for Special Education (MARSE), which include the following:
- Qualitative impairments in reciprocal social interactions
- Qualitative impairments in communication
- A restricted range of interests or repetitive behavior
Two additional factors may be considered in making this determination:
- Unusual or inconsistent response to stimuli
- The child's age
Once the student has met the special education eligibility criteria for autism spectrum disorder under MARSE, it must be demonstrated that:
- The autism spectrum disorder adversely affects the student's educational performance in academic, behavioral, or social domains
- The impact of autism spectrum disorder requires and necessitates special education programs and/or services
A student may meet the criteria for autism spectrum disorder but not qualify for special education services if their access to and progress in the general education curriculum or environment are unaffected by the autism spectrum disorder.
Michigan Processes for Determining Education-Based Eligibility for Autism Spectrum Disorder
Michigan has various processes for determining education-based eligibility for autism spectrum disorder, which are designed to:
- Determine the eligibility or ineligibility of the student for special education services
- Determine the impact of the autism spectrum disorder on the student's education
- Determine if there is a need for specially designed instruction
- Inform the Individualized Education Program (IEP) and special education services
A multidisciplinary , which must include a psychologist/psychiatrist, an authorized provider of language and speech services, and a school social worker, will make this determination.
Michigan Special Education Eligibility Depends On the Adverse Educational Impact of Autism Spectrum Disorder
In Michigan, in order to receive eligibility for special education under autism spectrum disorder, it must be demonstrated that there is an adverse impact in one of three areas: academic, behavioral, and social.
Academic Impact
Academic impact includes the student's ability to engage meaningfully and make progress in the standard curriculum. Some evidence of adverse academic impact includes—but is not limited to—the following:
- Delay in acquiring academic skills, such as in writing, reading, and math
- Restricted involvement in classroom activities
- Absence of initiation and completion of school and home assignments
- Poor grades and low scores on academic evaluations
Behavioral Impact
Behavioral impact interferes with the student's capacity to actively engage and advance in the standard curriculum or integrated settings, such as classrooms, hallways, lunchrooms, and buses. Some evidence of adverse behavioral impact includes—but is not limited to—the following:
- Aggressive behavior such as kicking, spitting, and hitting
- Being verbally disruptive, including shouting, humming, making noises such as barking
- Temper tantrums, which may include crying or screaming
- Non-compliance, including not following instructions or not completing assignments
- Exhibiting self-stimulatory behaviors such as repetitive language or rocking back and forth
- Running away
- Hiding
Social Impact
Social impact affects the student's ability to interact with others, the development of relationships with others, and their engagement in the social environment. Some evidence of adverse social impact includes—but is not limited to—the following:
- Difficulty with mutual social interaction
- Struggles with forming and maintaining friendships
- Difficulty comprehending others' perspectives, such as insisting their needs are always met without any regard for other's feelings, asking impolite questions, or insisting they must always be first in line
- Dependence on others
- Fixated on peers adhering to rules
- Difficulty collaborating effectively in group settings
Clinical Diagnosis of Autism Spectrum Disorder and Special Education Eligibility
A Michigan state survey regarding autism spectrum disorder conducted in 2012 showed there was significant confusion surrounding a clinical diagnosis of autism spectrum disorder and the eligibility criteria for autism spectrum disorder special education. This confusion arises when a child receives a clinical diagnosis of autism spectrum disorder but does not meet the Michigan education-based eligibility criteria for autism spectrum disorder.
It is important to understand that the methods used to evaluate autism spectrum disorder for education-based eligibility in Michigan are different from the processes used to make a clinical/medical diagnosis of autism spectrum disorder. One method is used to determine whether a child is eligible for special education; the other is used to determine the child's medical treatment and insurance benefit eligibility.
In Michigan, a clinical diagnosis of autism spectrum disorder is not necessary when determining a student's eligibility for special education. In cases where a clinical diagnosis is available, that diagnosis and related information is to be factored into the evaluation process. When making a final determination of autism spectrum disorder eligibility, additional education-based assessments or observations may be required.
Types of Support Available to Michigan Autism Spectrum Disorder Students
Michigan students who are eligible for accommodations for autism spectrum disorder may receive a variety of supports, which may include, but not be limited to, any of the following:
- Physical therapy
- Speech-language pathology
- Occupational therapy
- Mobility assistance and services
- Interpreter and other interpretation services
- Extended time for taking tests
- Additional time for completing class assignments
- Mental health services
- Social worker services
- Behavior intervention plans
- Medical assistance
- Health services
- Preferred seating assignments
- Visual boards and visual aids
- Social stories, narratives made to illustrate certain problems and situations and how people deal with them
- Augmentative and Alternative Communicative (AAC) devices to assist with communication
Michigan Provides A Free Appropriate Public Education (FAPE) for Adult Learners
The federal government allows each state to establish an upper age limit for special education eligibility. In the state of Michigan, adult learners with disabilities, aged 18 to 26 years old, have available to them a free appropriate public education (FAPE) in the least restrictive environment. These individuals retain their right to special education if they have not received a regular high school diploma.
Provisions for special education programs and services are governed by legislation and administrative law specific to education at the state and federal levels. Article VIII of the
Michigan Constitution of 1963 specifically identifies the education of individuals with disabilities and adult education as state constitutional rights. Building on this foundation, Michigan provides for special education support for Michigan citizens from birth through the age of 26 years. This is governed by the Michigan Department of Education (MDE) and the Michigan Department of Labor and Economic Opportunity (LEO).
Individualized special education is designed to fit the educational needs of the adult, including the following:
- Acknowledges the adult learner's autonomy in decision-making
- Tailors the educational approach to align with the individual's unique objectives
- Prioritizes a cooperative partnership between the learner and the educational institution
- Highlights the importance of addressing disability-related requirements
- May or may not adhere strictly to a predefined curriculum
- Takes into account the available time to achieve set objectives
- Advocates for a collaborative partnership model involving all stakeholders
After a personalized program is created, the Individualized Education Program (IEP) is drafted.
Michigan Provides Special Education Programs and Services to Individuals with Autism Spectrum Disorder
In Michigan, eligible adult learners with autism spectrum disorder must be provided with
appropriate special education programs and services that are in accordance with the Individuals with Disabilities Education Act and the Michigan Administrative Rules for Special Education. Each school district in Michigan must develop, establish, and consistently assess and modify a plan for special education programs and services that meet the needs of each eligible student and adult learner with disabilities, including those with autism spectrum disorder.
What To Do If A Michigan School Fails To Recognize A Student's Autism Spectrum Disorder
Sometimes, a Michigan school's evaluation does not recognize the student's autism spectrum disorder. Any evaluation for autism spectrum disorder and a determination of eligibility is not to rely solely on any single evaluation component (e.g., interview, observation, test scores).
Instead, by law, each piece should be considered as part of the overall evaluation. Once all data is collected, a multidisciplinary evaluation team must use the preponderance of evidence to recommend whether the student meets the eligibility criteria outlined in the Michigan Administrative Rules for Special Education.
To achieve its goal of making accurate eligibility decisions, it is crucial that members of the evaluation team understand conditions that are similar to autism spectrum disorder, which often occur alongside it. Many traits linked to autism spectrum disorder, such as trouble with eye contact, hyperactivity, and challenges with attention and routine changes, are also found in other developmental or mental health disorders. Therefore, all multidisciplinary evaluation teams have an obligation to examine any information that can help them distinguish autism spectrum disorder from other disabling conditions using one of the many methods available for comparing and contrasting their findings.
Rights Of Michigan Parents Or Legal Guardians Regarding Autism Spectrum Order Accommodations
As a Michigan parent or legal guardian of a child with autism spectrum disorder, you have rights concerning your child's evaluation and placement in special education programs and services. Specifically, parents and legal guardians have the right to:
- Receive notification regarding the identification, assessment, and/or placement of the child into a special education program
- Review pertinent records related to the child's evaluation and assessment
- Request a fair hearing concerning the school district's decisions regarding the child's identification, evaluation, or placement in a special education program, including the opportunity to participate in the hearing, be represented by an attorney, and have access to a review process
- Lodge a complaint with the school district's Section 504 Coordinator, who is required to investigate complaints regarding Section 504 matters that do not pertain to the child's identification, evaluation, and placement in special education programs
- File a complaint with the relevant regional Office for Civil Rights
Requesting An Independent Educational Evaluation In Michigan
In Michigan, if a parent or legal guardian disagrees with the results of their child's special education evaluation, they have the right to have an evaluation conducted by an outside party that is independent of the school district. This is called an independent educational evaluation (IEE). In Michigan, parents are allowed to receive one IEE at the school district's expense each time the school district completes an evaluation of the child and the parent disagrees with the result.
The process of requesting an IEE in Michigan includes the following steps:
- Parents must contact the school district if they disagree with the school district's evaluation of the child and they would like to request an IEE
- Within seven calendar days of receiving the request for an IEE, the school district must inform the parents whether or not the request was granted
- If the school district believes the request for an IEE is unwarranted or inappropriate, the school district may start a due process hearing
If a school district refuses the parent's request for an IEE, the parent still has the right to an IEE, but the school district is under no obligation to cover the expense. When the IEE is completed, and the results are shared with the school district, the individualized education program team must consider the results, but they are not required to implement any of the results or recommendations.
Frequently Asked Questions Regarding Autism Spectrum Disorder Accommodations In Michigan
Q: How is a Section 504 Plan different from an Individualized Education Plan (IEP)?
A: A Section 504 Plan is based on the Rehabilitation Act of 1973, the civil rights law that prohibits discrimination on the basis of disability. This law guarantees individuals with disabilities equal access to an education. A 504 Plan lists the accommodations that will be provided by the school, such as additional time for test taking, access to listening devices, or assistance with taking notes. An Individualized Education Plan, known as an IEP, is a customized plan that is created to guarantee that a child with a known disability who is attending elementary or secondary school receives specialized instruction and related services. The IEP is crafted by a team consisting of professionals from different educational fields, the child with a disability, family members, and/or designated advocates.
Q: How is an autism spectrum disorder accommodation different from a modification?
A: The words accommodation and modification are used frequently in the context of special education and are included in Individualized Education Plans. An accommodation alters the learning setting to enable individuals to access the same content as their peers. A modification is a change to the curriculum itself. Modifications may be implemented for learners who may be below grade level or may lack the prerequisite skills necessary to access the curriculum in their current classroom or the classroom where their general education peers are present.
Q: Who can refer a child for a disability evaluation in Michigan?
A: In Michigan, if a child under the age of 25 years is suspected of having a disability, the parent or legal guardian or the school itself can request that the child receive an initial evaluation to determine if the child qualifies for special education services.
Q: What should I do if I want my child to receive an autism spectrum disorder evaluation?
A: The first step in the process of evaluating a child for autism spectrum disorder or any other disability is to write a letter to the child's school—their teacher or the principal—requesting that the school conduct a comprehensive evaluation of the child for special education eligibility. If a child is already receiving an Individualized Education Plan (IEP) but is not making adequate progress or additional needs have arisen, a parent or legal guardian should send a letter to the child's teacher to request that the school conduct a reevaluation of the child and their IEP.
Q: What is the timeline for conducting a special education evaluation in Michigan?
A: Michigan has established specific timelines for completing special education evaluations. Within thirty school days of receiving parental consent to administer an evaluation, the Individualized Educational Plan (IEP) team must convene to assess the student's eligibility and create the initial IEP. If the school finds it needs to extend this timeline, the school must provide a valid reason and obtain permission from the parent or legal guardian.
Q: Are colleges and universities in Michigan required by law to offer Individualized Educational Plans for students with autism spectrum disorder?
The federal Individualized Educational Plan process only applies to students until the completion of their high school diploma. Other laws, including the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, protect the rights of college students and their disability accommodations.
When Michigan Schools Fail To Provide Autism Spectrum Disorder Accommodations For Your Child, We Are Here To Help
If your child has been diagnosed with autism spectrum disorder, your child may be eligible to receive special education services and support. However, the process of evaluating a student for autism spectrum disorder, determining adverse impacts, and making sure all of Michigan's criteria are satisfied can be difficult and exhausting. Sometimes, a school fails to recognize a student's autism spectrum disorder. Other times, the school refuses to grant accommodations or fails to fulfill its responsibility to provide accommodations for autism spectrum disorder. In all of these situations, the Education Law Team at Lento Law Firm can help.
The Lento Law Firm Team addresses disability issues promptly, holding the school accountable to reasonably accommodate a student's autism spectrum disorder disability. The Lento Law Firm Education Law Team has extensive experience representing hundreds of students on issues concerning disability rights. Contact us online and tell us about your case, or call our team at 888-535-3686.
