Feds: Michigan trying to 'brush aside' school discrimination complaint

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Federal officials accused the Michigan Department of Education of seeking to “shield itself from any scrutiny” in its violation of the rights of students with disabilities during COVID-era school closures, according to a recent court filing.

In the court filing last week, the U.S. Department of Education’s Office for Civil Rights claimed the state wants to “brush aside” the way it ignored federal anti-discrimination laws during the pandemic. Federal officials also said the state has not yet given proof that the violations have been resolved.

The agency asked the U.S. Department of Education’s administrative hearing officers to deny the MDE’s request last month to dismiss all claims made against it, including that officials repeatedly gave incorrect information about what rights students had to parents and school districts.

“The Michigan Department of Education has received the response, is reviewing with its legal counsel, and will respond through the appropriate legal channels,” said Bob Wheaton, director of the department’s office of public and government affairs in an email Monday.

Wheaton added that the department “remains strongly committed to providing equal access to educational opportunities to all students in Michigan – including students with disabilities.”

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In a mandatory response to all of the OCR’s allegations, attorneys representing the MDE denied any wrongdoing.

The federal proceedings come after a yearslong investigation by the OCR and multiple attempts on the federal government’s part to urge the state to voluntarily meet compliance with federal disability and special education laws.

States that don’t comply risk losing federal funding. In the 2023-24 school year, Michigan received $461 million in federal aid for special education.

The OCR’s complaint seeks compensatory services for all students with disabilities who have either individualized education programs or 504 plans in the state, said Marcie Lipsitt, a Michigan special education advocate who filed the initial complaint.

IEPs outline services that students with disabilities are entitled to, and 504 plans lay out needed accommodations for students with disabilities who do not require special education services.

“The OCR’s response was very powerful,” said Lipsitt in an email.

The OCR responded to all of the MDE’s arguments for dismissal, including:

• The MDE challenged the authority of the OCR to enforce 504 violations for students who are also protected under the Individuals with Disabilities Education Act. Citing legal precedent, the OCR said it does have the authority.
• The MDE said it does not have a legal responsibility to address local school districts’ 504 violations. The OCR said the department’s argument fails to consider federal cases that found states have some responsibility in taking steps to ensure districts are in compliance.
• The MDE argued that the OCR did not in its complaint identify any individual students that were harmed. The agency said federal court precedent does not obligate it to identify students in order to prove non-compliance. It also said that its complaint includes allegations involving specific schools, parents, and students.
• The OCR said that the MDE did not have a federally mandated 504 coordinator, or did not publicly identify one for years. The agency said the MDE’s website was updated days before it filed its motion to name an employee as its 504 coordinator. Despite that, the OCR said the MDE has given no proof that “any harm stemming from the years-long violence has been resolved, or that the violation will not recur.”

The 504 coordinator is a critical role because they help ensure compliance with the federal law, according to the OCR.

“MDE’s patent violation of a simple regulatory command foreshadowed the other violations OCR found MDE had engaged in,” the agency’s response said.

Additionally, the MDE repeatedly gave incorrect information to parents and school leaders in documents and presentations about what students qualified for compensatory services, according to the OCR, and has not taken steps to make sure they now have accurate information.

“Some of the documents have been removed from MDE’s website, but MDE has not issued corrections to parents, students, or schools,” the OCR’s response said.

The OCR’s complaint also alleges that the Michigan School for the Deaf, operated by the MDE, took away 43% of instructional time for students in the 2020-21 school year and never made it up. The school didn’t provide critical services like speech language pathology and social work for a prolonged period of time.

Though the MDE’s filing denies it violated the rights of MSD students, the OCR said a supervisor admitted in an email that the school was “severely out of compliance.”

Federal officials said they hope “negotiations can resume and expedite the ultimate resolution of this case.”

State education officials call for transparency

During a regular board meeting Tuesday morning, Nikki Snyder, a Republican member of the majority-Democratic State Board of Education, asked other members to call on the legislature to fund an audit of Michigan’s special education services.

Snyder also called on the board to discuss a motion to request the MDE give a public presentation on the OCR complaints at the next board meeting.

Tom McMillin, the only other Republican on the governing body, said the MDE has been “keeping the board in the dark” and that State Superintendent Michael Rice failed to notify them of the investigation.

The board voted against adding the resolutions to Tuesday’s agenda. Snyder and McMillin were the only votes in favor of discussing the items during the meeting.

Board President Pamela Pugh, a Democrat, said McMillin and Snyder were politicizing the issue and that she believes the board will continue to hear updates on the case. She added that though she voted against discussing the resolutions, “that doesn’t mean I don’t care.”

During public comment, six speakers, including parents and special education advocates, expressed frustration with the board for not taking action on the resolutions.

“I am really disappointed with what I see today,” Michele Maleszyk, a Troy parent of a student with dyslexia, said during the meeting.

Rice did not respond to McMillin’s remarks or to the parents’ concerns during the meeting.

Hannah Dellinger covers K-12 education and state education policy for Chalkbeat Detroit. You can reach her at hdellinger@chalkbeat.org.