Every child in the US is entitled to a free education at a public school. Although this is not, technically, a Constitutional right, it has its origins in our Constitution. If a state has a public school system, then it can't deny children equal access to schools within that system. Since every US state has a school system, every US child has the right to a free education.
Children with more complex learning needs are no exception. In fact, students with disabilities may have additional rights to ensure they receive the education they're entitled to. They may need extra accommodations and access to certain services to help them reach their true potential. They need access to special education.
At the Lento Law Firm, our Education Law Team is committed to helping every child thrive. If you're concerned about the support your child is receiving, or you're unsure what rights they have, we can help. Contact the Education Law Team at 888.535.3686 to discuss your concerns with special education lawyers in Michigan.
What Is “Special Education”?
Special education is any education program that is designed to accommodate students who don't learn at the same pace as other students. This could be for any number of reasons, but in all cases, it means that the student needs extra support to help them meet learning outcomes. These extra support tools are considered reasonable accommodations.
Special education may be appropriate for students with:
- Sensory impairments, e.g., vision and/or hearing difficulties.
- Conditions that affect their ability to process information, e.g., dyslexia.
- Speech, language, or communication impairments.
- Severe mental, emotional, or social issues.
Special education may be suitable for disabled students who are also academically gifted students (i.e., they have exceptional academic abilities).
Terms to Know
Before we discuss the laws around special education, there are some terms you should be aware of.
- Free appropriate public education (FAPE): Every K-12 student has the right to a free appropriate school education.
- Individualized Education Program (IEP): An IEP is a strategy designed to help your child achieve the required learning outcomes. It's designed specifically for your child and should enable them to succeed in school.
- Least restrictive environment: This principle means that special needs students should be taught alongside their peers as far as possible. Necessary modifications should be the least restrictive options.
- Michigan Merit Curriculum (MMC): The MMC is the standard for achieving the requisite number of credits to obtain a high school diploma in Michigan. Every MI high school must conform to these standards.
- Multidisciplinary Evaluation Team (MET): This team is responsible for evaluating students to determine if they're eligible for special needs services.
- Personal Curriculum (PC): A personal curriculum is a means for modifying a credit requirement to allow students to meet the Michigan credit requirements. It can be used to modify an IEP.
Accommodations vs Modifications
There's a difference between disability accommodations and modifications.
Accommodations help the student learn the same curriculum as their peers. The only difference is how the student learns rather than what they learn.
Modifications are changes made to the curriculum itself. What the child learns is different from their peers based on their unique learning needs.
It's important to bear this difference in mind when considering what adaptations your child needs.
What the Law Says About Special Education
The most relevant laws regarding special education in MI are as follows.
Individuals with Disabilities Education Act (IDEA)
IDEA establishes the right of every disabled K-12 student to receive a free public education. Specifically, it gives students the right to an Individualized Education Program. It also ensures they have access to the additional support they might need to achieve their academic goals.
Michigan Administrative Rules for Special Education (MARSE)
MARSE provides a legal basis in Michigan for ensuring that children receive the free education they're entitled to. MARSE explains how schools must implement IDEA provisions and support disabled children within the state.
Other laws that may apply include Section 504 of the Rehabilitation Act, provisions from the Michigan School Code, and the Americans with Disabilities Act (ADA).
The Rights of Special Education Students
If a school receives federal funding, it's obligated to make reasonable accommodations to ensure that students can make academic progress. The school is not required to accommodate every request or provide every possible modification. It's only obliged to do what's reasonably necessary to allow a student to access education services.
Here are some examples of requests which may not be approved:
- Expensive materials when there are cheaper, effective materials available.
- Services that are difficult to add when there are simpler services available that achieve the same outcomes.
- Any service which requires staff to have special training if there are more proportionate options available.
Although schools must accommodate disabilities, they must also consider the wider student community so disproportionate requests may not be honored.
Who Is Eligible for Special Education Programs in Michigan?
Only students with qualifying disabilities can receive special education in Michigan. MARSE specifies 13 disability categories – your child must fall into at least one category to qualify. Categories include various levels of cognitive impairments, specific learning disabilities, emotional impairments, physical impairments, and sensory impairments, e.g., hearing or vision problems.
School METs evaluate students to determine their eligibility. You must provide informed, written consent to this evaluation, and you can withdraw consent at any time. If the relevant team determines that your child requires special education services, they will help you develop an IEP. You play a key role in shaping the IEP. If you're unhappy with the school's findings, we can help.
Special Education Services for Students
There are many special education services available for Michigan students. What they all have in common is that they adapt the traditional curriculum in some way to make it more accessible for students with special needs.
The goal of special education services is to modify how or what the students are taught to help them thrive. Special education services include:
- Amplification devices
- Assistive technologies
- Speech and language services
- Visual aids
- Note-taking
- Exam accommodations
Michigan offers special education services to all qualifying individuals up to the age of 25.
Related Services
Some special needs students require additional services to help them benefit from their IEP. These additional services might include transporting the child to and from school, physical therapy, and mobility services.
The IEP team should identify what related services your child needs. The recommendations should be included in the IEP document.
Special Education Schools
There are over 180 special education schools in Michigan. These schools are uniquely designed to meet the needs of disabled students across the state.
For example, the Lincoln Center accepts students with autism spectrum disorder and related cognitive impairments. Support includes sensory intervention techniques, social and communication skills, and transition planning. The Iosco Regional Educational Service Agency (IRESA) supports children with severe cognitive impairments and hearing difficulties in five school districts.
Not all special needs children require a special school placement or separate classes. Many can thrive in a more traditional classroom environment. The goal should always be to find the least restrictive means to help your child feel safe and comfortable.
What Services Does My Child Need?
The answer for your child depends on various factors, including the impairment(s) your child has and the services available in your school district. Your child's preferred learning style should also be evaluated.
You should research the services provided by schools in your district and think carefully about what's best for your child. You might also reach out to the Michigan Alliance for Families – a group that supports families with special needs children.
And even if a service you require is not yet available, you might ask the school district to see if there's scope for updating their service options. There's no guarantee your request will be upheld, but it is still worth making inquiries.
Special Education and Gifted Students
Academically talented or gifted students may require accelerated teaching to let them reach their full potential. Although Michigan's Academic Acceleration program is not technically considered special education, your child may require special education services if they're gifted in some areas but struggle in others.
Such students require careful and comprehensive assessment to ensure they access the services they deserve. Our Education Law Team can help you explore the options for your gifted child with learning difficulties.
Special Education and Disciplinary Matters
Children with learning difficulties may face disciplinary action for behavioral or academic misconduct. They have this in common with the wider student community. However, there's a difference in how schools are expected to respond when the matter concerns a special needs student.
According to the Code of Federal Regulations, schools should strongly consider using positive interventionsrather than punishment to discipline special needs students. Suspension or expulsion should be a true last resort.
What's more, if the misconduct is a “manifestation of the disability,” then schools have further obligations to try to remedy the situation without resorting to disciplinary action. Our Education Law Team can help if you have concerns about how a school handled a disciplinary matter.
What if My Child Is Not Receiving the Right Support?
If you're concerned about the support your child receives, you have a few options.
- Raise your concerns with the school in question. Make sure you understand what support your child is receiving – there may just be a simple misunderstanding that can be resolved quickly.
- Consult an education lawyer. You may find it helpful to discuss your rights and what accommodations are available with a lawyer before approaching the school district.
- Make sure you keep a record of any relevant behavioral, medical, or academic assessments for your child. These records may be helpful if you wish to discuss concerns you have, as they can help you identify where you think your child needs more support.
- Keep any correspondence you have with the school district and service providers. Such communications are helpful for a lawyer to review.
Remember, a school district only needs to offer reasonable accommodations for special needs children. They don't need to provide every possible accommodation. A special education attorney can explain how this principle applies to your case.
How Can a Special Education Lawyer in Michigan Help?
There are various ways that a MI special education lawyer can help your family. For example, they can:
- Help you understand your federal and state-level legal rights.
- Explain how special education services work in the state of Michigan.
- Help you determine which services your child needs and how to access them.
- Liaise with the school if there are behavioral or academic misconduct issues to deal with.
- Handle concerns about disability discrimination and related issues.
These are just some of the ways that a special education attorney can assist you. Contact us to discuss how we might be able to help your child.
Special Education Lawyers in Michigan | Lento Law Firm
Every child is unique. And they all deserve the chance to reach their true academic potential. Your child has the right to a free education – and access to special education services if required. However, special education services can seem complicated, and you might be unsure which route to take. Or you might be concerned about the quality of the accommodations your child is receiving. You might even be worried that a school is failing to offer the accommodations that your child is rightfully entitled to.
The Student Defense Team at the Lento Law Firm understands your concerns. This is a complex area of education law, and you should not attempt to navigate it alone. Your child deserves the best shot at a quality education so they can thrive in later life. To help make this a reality, call our Education Law Team. We're on hand to assist across Michigan, whether you're in Detroit, Grand Rapids, Warren, Sterling Heights, or elsewhere.
We also work across the country to support families in their pursuit of special education services. To learn more or to discuss your options with experienced counsel, tell us about your case online or call 888.535.3686.
