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not be relied upon as legal advice on specific facts.
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SPECIAL EDUCATION

Most teachers and school administrator do a good job ensuring that their students receive a free, public
education.  However, occasionally a child either falls through the cracks or finds him or herself in an
educational environment that is unwilling or ill-equipped to meet his or her special educational needs.

The Individuals with Disabilities Education Improvement Act of 2004 (“IDEA”) includes a provision that
allows states and intermediate school districts to use high quality, research-based instruction in general and
special education to provide services and interventions to students who struggle with learning and may be at
risk of or suspected of having learning disabilities.
In Michigan, we have very specific complaint procedures designed to implement IDEA and ensure that
students in need of special education don’t fall through the cracks.  The process begins with the filing of a
formal complaint.  A complaint . . .

  • Must be written and signed;
  • Can be filed by an individual or an organization, including an individual or organization from another
    state;
  • Must include the facts on which the allegation is based;
  • May pertain to one student, or multiple students, or to systems issues; and
  • Cannot pertain to an allegation that occurred more than one year prior to the date the complaint is
    received unless a longer period is reasonable because the violation is continuing, or the complainant is
    requesting compensatory services for a violation that occurred not more than three years prior to the
    date the complaint is received.

Each written, signed complaint must be investigated by public educational agency and its investigator must
submit a formal investigation report to the intermediate school district (“ISD”).  Where violations of IDEA are
found (i.e., the public educational agency failed to provide required services), the Michigan Department of
Education must conduct its own review of the failure.
Conversely, if the ISD determines that an allegation is invalid, the complainant may contest the decision,
request an investigation, and the MDE must conduct an investigation.  The MDE must:

  • Investigate an allegation brought forth on appeal;
  • Give the complainant the opportunity to submit additional information, orally or in writing;
  • If necessary, visit the public educational agency to conduct an independent onsite investigation;
  • Review all relevant factual information and make an independent decision as to whether the public
    agency violated any applicable standard; and
  • Issue a final written decision to the complainant and the public agencies involved that addresses the
    allegation and contains findings of fact, conclusions and the reason for the final decision.

Finally, under Michigan’s Administrative Procures Act (“APA”), you can seek review of the MDE’s final
decision within 60 days after the date the notice of the final decision is mailed or within 60 days after the
notice of the decision on a timely motion for rehearing before the agency is delivered or mailed.  MCL 24.304.

This will entitle you to file a brief setting forth the MDE’s errors and a hearing before a judge where you can
argue your case.

We can represent you thought this process.  We have successfully won or negotiated contentious special
education cases.  If you need help getting your child the she s/he deserves, we can help you.  Please give us a
call.
Effective, Compassionate, Affordable Legal Representation
LAW OFFICES OF RL JOHNSON