Source: https://www.chalkbeat.org/
Michigan education officials have sought dismissal of claims from the U.S. Department of Education alleging violations of federal rights for students with disabilities during COVID-19 school closures. This follows an investigation by the Office of Civil Rights revealing that many students did not receive required services such as speech therapy, with some still awaiting mandated compensatory services to address educational gaps.
The Michigan Department of Education has denied allegations of wrongdoing during the COVID-19 pandemic, including claims that it worsened harm to students with disabilities by providing incorrect guidance to school districts about legal requirements during school closures.
A complaint filed seeks compensatory services for all 215,000 students with Individualized Education Programs (IEPs) and those with 504 plans, which outline accommodations for students not needing special education services. Many districts nationwide, including in Michigan, struggled to provide necessary services like physical and speech therapy during the pandemic, and faced challenges in evaluating and supporting students with disabilities upon their return to in-person schooling.
Before the COVID-19 pandemic, Michigan already faced challenges in improving the quality of its special education programs. In the 2016-17 school year, the Department of Education identified deficiencies in meeting requirements under the Individuals with Disabilities Education Act (IDEA), prompting the need for intervention.
Following an investigation by the Office of Civil Rights (OCR), the Michigan Department of Education (MDE) was required to respond to allegations within 20 days of the OCR’s notice. The MDE declined to comment further on the OCR’s findings due to the ongoing legal proceedings.
In October, the OCR sent a letter urging the MDE to implement corrective actions. Despite being aware of the investigation since June, the MDE has not agreed to a resolution or achieved compliance voluntarily, as stated by the OCR, which has concluded that compliance cannot be attained through voluntary means.
In the investigation, federal education officials said they found:
- The MDE knew districts were failing to provide services to students with IEPs and 504 plans. Parents told the state agency their children were being denied needed services during shutdowns, and they asked for help.
- Staff at the MDE were notified about calls from parents about their children’s IEPs not being met. The supervisor of the agency’s Office of Special Education said in an email the issue was “trickling down into larger needs” and that it needed to be addressed.
- The state agency also “repeatedly” gave incorrect information in materials and during virtual sessions with parents, the OCR found, including falsely stating that compensatory services could only be attained through due process, a lengthy and often expensive legal proceeding for parents to resolve disputes with school districts.
- The OCR also found fault with the guidance the MDE gave to districts, which failed to explain that students can receive compensatory education without district error or neglect, and that it can be given during regular school hours.
- The state agency gave incorrect information about legal obligations to provide services when schools and districts reached out for guidance.
- The Michigan School for the Deaf, which is operated by the MDE, reduced its instructional time during the 2020-21 school year by 43%, according to the OCR, and that time has not been made up. It also didn’t provide speech language pathology, social work, or visual impairment consultation services to students for prolonged periods in violation of students’ IEPs, according to the OCR, and did not provide adequate compensatory services.
- The MDE did not designate a 504 coordinator or did not notify stakeholders of who the coordinator is and still has not done so.
During a June meeting, State Superintendent Michael Rice faced questions from two State Board of Education members regarding why the Michigan Department of Education (MDE) had refused to comply with corrective actions requested by the Office of Civil Rights (OCR). Republican board member Tom McMillin criticized the state for mishandling the situation, emphasizing that many affected students had already graduated, which he described as a tragedy.
Marcie Lipsitt, who filed the complaint, expressed skepticism about fully compensating Michigan students with IEPs and 504 plans for missed educational opportunities during COVID shutdowns. She suggested that the state could still help these students by providing opportunities to develop the skills they missed out on.
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