For students with disabilities, special education services are a key requirement for their education. These accommodations aren't a luxury. K-12 students with disabilities have not only the right to an education but to an education that includes special education services.
Students with disabilities can face a range of issues in school. A school may refuse to assess them for a disability. They may fail to properly implement a student's IEP or 504 Plan. A school may offer ineffective services.
Whatever the reason, the Education Law Team at the Lento Law Firm is here to help. We work with families in the Detroit area and throughout Michigan to protect every student's opportunity to reach their full potential in school. Call us at 888-535-3686 or fill out an online form.
Special Education Laws and Policies
Federal law, Michigan law, and school district policy all work together to establish and protect the right to an education, regardless of a student's disability. That a student has a disability doesn't mean they're unable to benefit from their education or thrive in the school environment. All it means is they need support to reach that potential.
Whether your student attends school in Dearborn or Detroit, all schools must follow the same federal and Michigan laws. What may be different is how school districts choose to implement these laws. For example, neither federal nor Michigan law requires specific accommodations.
Federal Laws
Three federal laws are the foundation for K-12 disability rights in education. These laws are:
- The Individuals in Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
IDEA, ADA, and Section 504 work together to protect a student's right to an education and establish minimum levels of services and support for students with disabilities.
IDEA, which focuses exclusively on the K-12 years, is the law that parents and students will likely hear the most about. Some of the requirements under IDEA:
- Within their boundaries, school districts must assess and evaluate all children with suspected disabilities. This requirement begins at birth and continues through high school graduation.
- Schools must create an Individualized Education Plan (IEP), which is for students who have an eligible disability
- Accommodations must be effective and reasonable
- These services are available to all children in the district, even if that child doesn't attend school
- Schools and communities must have early intervention and transitional programs beyond the K-12 years
When a student doesn't have a qualifying disability under IDEA, they may have an eligible disability under Section 504. Rather than an IEP, these students will have a 504 Plan. Section 504 doesn't require these plans to be in writing. To prevent future miscommunication, parents and guardians should request that the 504 Plan be in writing.
Michigan Law and Services
The Michigan Department of Education Office of Special Education handles the implementation of relevant laws. They also provide programs and services for students with disabilities.
The MDE Office of Special Education also oversees the state's dispute resolution options. When families and schools disagree about a child's access to special education or other related issues, they may select one of the following options:
- Mediation
- State complaints
- Due process hearings
The state encourages families and staff to engage in collaborative problem solving before turning to these more formal avenues. More informal resolution options generally lead to quicker resolutions.
When collaborative conversations don't lead to a solution, the next question can become which dispute resolution option is best for my student and their situation. The Education Law Team at the Lento Law Firm supports our clients and helps them and their students understand their options.
State-Funded School
Michigan has one state-funded school that serves students with hearing-related issues. The Michigan School for the Deaf is located in Flintridge. The school has a residential campus for K-12 students as well as statewide programs that begin at the infant stage.
While many states do have a publicly-funded school for the blind, Michigan does not. The state instead focuses on instruction at a student's home school.
School District Policies and Services
Every school district must follow federal and Michigan laws. Beyond following these laws, districts have leeway in how they support students with disabilities.
Neither federal nor Michigan law requires schools to provide specific accommodations. The result is that schools meet their legal obligation when accommodations are effective and reasonable.
Each district is unique, which means certain districts may provide better services for specific disabilities than others. That a district doesn't meet another district's accommodations doesn't automatically mean they are breaking any laws.
Examples of some of the special education programs available in the Detroit area:
- Farmington Public Schools offers Visions Unlimited, which supports adults between the ages of 18 and 26 transition into adult life. This program goes above legal requirements by having a maximum age for people to r receive special education support.
- Cooke School, part of Northville Public Schools, supports students with severe cognitive impairments or multiple impairments.
- Bloomfield Hills Schools has the Wing Lake Developmental Center. This center provides individualized support to students.
- Detroit Public School's Keidan Special Education Center works with pre-K to Grade 8 students. The center provides services beyond what other schools can provide, and placement is determined by a student's IEP and meetings.
These programs are important, but the most important question is whether your student receives sufficient unique and personalized support. Your child is more than their disability, and their IEP or 504 Plan should represent that.
Getting Help
The Education Law Team at the Lento Law Firm's Detroit area office is located in Birmingham. Our team supports families through Michigan to resolve issues with their child's K-12 education.
We help families wherever they are in the special education process. The Education Law Team at the Lento Law Firm is here to assist you and help protect your child's education.
Protect Your Child's Future
All children have the right to a K-12 education. This includes students with disabilities. Children with disabilities are, among other things, more likely to face discipline in school.
If your student's school is interfering with your student's right to an education, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
