Going Local: Michigan - Special Education Action

U.S. Dept. of Education Addresses IDEA Noncompliance in Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas

United States Department of Education (USDOE) Office of Special Education Programs (OSEP) issued differentiated monitoring support (DMS) reports and/or letters for Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas, addressing findings of noncompliance with Part B and/or Part C of Individuals with Disabilities Education Act (IDEA).

OSEP monitors all IDEA Part C and B programs through its DMS system and “differentiates its approach for each state based on the state’s unique strengths, progress, challenges, and needs.” This cyclical monitoring process focuses on states’ general supervision systems. OSEP will continue to provide support and technical assistance that is differentiated based on each state’s needs.

U.S. Dept. of Education Releases 2023 Determination Letters; Virginia Failed to Meet Requirements, While States Like Alabama Climbed Out of Years of “Needs Assistance” Determinations

June 26, 2023, U.S. Department of Education released its annual determination letters.

While a few states improved their performance, others continued to fail.

In 2023, 23 states or entities met requirements, as compared to 22 in 2022; six states need assistance (one year) in 2023, compared to 3 in 2022; 29 need assistance (two or more consecutive years) in 2023, compared to 35 in 2022; and two states need intervention in 2023, compared to zero in 2022.

Perez v Sturgis: Supreme Court Rules 9-0 in Favor of Michigan Student Who Was Denied Appropriate Special Education

In a rare 9-0 decision, the United States Supreme Court ruled unanimously in favor of Petitioner Miguel Luna Perez: An Americans with Disabilities Act lawsuit seeking compensatory damages for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act because the remedy sought is not one IDEA provides.

Today, just two months after oral arguments were presented, Justice Gorsuch delivered the opinion of the Court, which had to decide 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.

The case was based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS). For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma.

U.S. Dept. of Ed. Finds Arkansas and Michigan in Noncompliance with IDEA

United States Department of Education (USDOE) Office of Special Education Programs (OSEP) has found the states of Arkansas and Michigan in noncompliance with Individuals with Disabilities Education Act (IDEA).

January 12, 2023, OSEP issued differentiated monitoring support (DMS) reports for both states. In addition to including findings of noncompliance, the reports include required actions and timelines by which those actions must occur.

Perez v Sturgis: Will Supreme Court’s Decision Lead to Helping or Harming Students?

January 18, 2023, the Supreme Court heard oral arguments in Perez v Sturgis Public Schools.

The case focuses on 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. It is based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS).

Heartache and Lies Instead of FAPE

For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma. His experiences with SPS during those years are heartbreaking.

Category: Going Local: Michigan