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Associated Press
11 hours ago
- Politics
- Associated Press
Special education complaints jump in Michigan, as odds stacked against parents
HOWELL, Mich. (AP) — As a teacher, Andrea Lee thought she knew how to ensure her children had access to education guaranteed by law in Michigan. But she's the one who's received a tough education, filing more than two dozen complaints and four legal grievances over the Howell Public Schools' treatment of her three children with disabilities. The mother of six has spent more than a year battling with the district over services for her children, her input on their education plans, the lack of make-up education services for one child and the accuracy and completeness district-provided student progress information. 'As a teacher, I truly believed in the system,' said Lee, who has previously taught special education through a staffing company. 'I believed in the ethics. I believed, I trusted. And that trust wasn't destroyed overnight. It was a gradual takedown brick by brick.' Such battles are increasingly becoming common for parents of nearly 212,000 Michigan students who receive special education services. Since 2018, state investigations stemming from parent complaints jumped 21%, while the overall population of special education students has increased just 3.6%, records show. Michigan has one of the nation's highest rates of special education drop outs, and advocates say the system is stacked against parents — making them fight for services that are supposed to be guaranteed by law. Experts like long-time advocate Marcie Lipsitt predict the situation may grow worse as President Donald Trump works to dismantle the US Department of Education, which distributes funding for special education and helps uphold rights of disabled people. Lee describes a series of compounding issues with the district last school year about her three children: a 16-year-old who struggles with reading fluency and generalized anxiety, and twin 14-year-olds, one with autism and another who has issues with reading fluency and until recently had special education services. In response to Lee's formal complaints, the Michigan Department of Education determined the school district violated some rules. Other complaints didn't result in violations. Lee said she has no faith the district will follow state orders and is preparing a lawsuit. Howell Public Schools is standing by its practices. 'Howell Public Schools is committed to meeting the needs of every student and working in partnership with parents to support their success,' the district told Bridge in a statement. 'We take parent concerns seriously and follow all state and federal educational requirements, as evidenced by state decisions that have recognized the good work Howell has done to support all students.' How the complaint process works Lee's challenges come as advocates argue the state is long overdue for reform. Statewide, about 15% of the public school population has an individualized education program or personalized plan for those with disabilities. 'It does ultimately start to feel like it's a rug that we're just kind of sweeping things under for how kids with disabilities are treated in our system in this state,' said Heather Eckner, director of statewide education for the Autism Alliance of Michigan. Michigan remains in a battle with the federal government for the guidance it gave to school districts about what services students with disabilities should receive during the pandemic. This investigation stems from a federal complaint filed by Lipsitt in March 2021. She told Bridge she has filed more complaints to the state since March than the previous 10 years because there is no accountability on the federal level. If parents disagree with their local school district's decisions about their child, they can have informal discussions, a facilitated meeting or mediation. Parents can also file a state complaint, due process complaint or federal complaint. But advocates and experts say each path has their drawbacks. The state complaint is free but advocates say the state does not do enough to ensure districts correct themselves after a violation is found. Going through a due process system is expensive, and the federal complaint process takes a lot of time. With the federal staff cuts, the federal process is likely to be even slower. Lee has not chosen the due process route, anticipating it would cost $40,000 to $50,000 per student. 'No David ever decides to pick a fight with Goliath just because they're bored,' said Lee, who has previously taught special education through a staffing company. 'But unfortunately, in my viewpoint, when justice is sleeping and desperate behavior roams, unfortunately little David has to pick up his proverbial stone and aim.' The scope of the problem If a parent feels their child isn't getting the proper services or support they need, a parent may pay out-of-pocket for services. Sometimes, students leave the public education system altogether: The state graduation rate for those with disabilities is 60.97%, compared to 82.8% of all students. Bernadette Minaudo pulled her son from Fenton Public Schools after she said staff members said her child was misbehaving because he wanted to have bad behavior, rather than his disabilities affecting him. Her son has Tourette syndrome, ADHD, anxiety, sensory processing disorder, mood disorder and dyslexia and fine motor impairment. 'If the Michigan Department of Education is not even doing the right thing for my child, it's not going to matter like what county I go to,' Minaudo said. 'Because there's no accountability for these schools.' MDE defended itself in a statement to Bridge. 'Once the MDE Office of Special Education identifies noncompliance in investigation of the complaint, it is responsible for issuing a final report and tracking and monitoring the district's implementation of the corrective action activities ordered. MDE takes the responsibility for accountability seriously, its own and that of intermediate school districts and local school districts, and has mechanisms in place to ensure timely correction is verified and closed.' The department uses 12 full-time staffers and nine contracted staff to investigate state complaints. When the state issues a corrective action for a district, there's longer-term work that should occur, said Kirsten Myers, president of the Michigan Association of Administrators of Special Education. 'Often, the real work happens after the corrective action is completed, through ongoing training, process adjustments, and proactive monitoring to prevent the same concern from re-emerging.' Myers said in an email. 'That longer-term follow-through is essential to translating a single resolution into meaningful, systemwide improvement.' A longstanding issue A decade ago, Gov. Rick Snyder created the Special Education Reform Task Force after then-Lt. Gov. Brian Calley raised concerns about the topic. 'Disputes over Individualized Education Programs may result in adversarial and expensive, drawn-out legal confrontations between families and school districts,' the final report to the governor says. 'When a parent believes their child is not receiving the public education they are entitled to, in the least restrictive environment, there should be better, more affordable options.' Calley told Bridge this month that while the state has made progress in other aspects of special education in the last decade, the dispute process has not improved because 'we do not have an effective or functional department of education. It's literally structured in our constitution to not work.' MDE said in a response to Bridge that the recommendation is referring to the due process complaint process, which MDE does not administer. Calley told Bridge the 'recommendation is a call for those with authority to step up and do the right thing for these kids.' He said parents feel 'the Department of Education is another opponent' in getting education for their students with disabilities. MDE said it has fact sheets on various special education topics and is encouraging school districts to share the resource with parents. Also, parents, districts and advocates can call a toll-free number 888-320-8384 or email the state at [email protected] with questions about special education. Advocates, parents face barriers Among Lee's allegations is that her children's schools have kept her out of key decision-making for their education plans, refused to provide 5.75 hours of education makeup services known as compensatory services for one child and provided documents with missing or incorrect student progress information. Liz Abdnour, an attorney that represents parents of students with disabilities, said Lee's complaints as described by Bridge are 'very common.' She said the state complaint process is 'pretty parent-friendly and timely' but even if the state issues a corrective action plan for a school district, the education department is 'not properly overseeing their corrective action plans to ensure that the school actually fixes the issue.' If a parent chooses to file a due process complaint, Abdnour said there are several barriers: parents will likely be unsuccessful unless they can hire an attorney. She said attorney and expert fees are costly and the administrative hearing officers 'do not have the training in special education that they need to do these hearings.' If a parent doesn't like the officer's decision, the parent can appeal it to state or federal court. The compounding effect of these barriers mean students may be missing out on services they need. Lee said that when she started filing complaints, she hoped they would lead to her children getting the services. But now, it's 'more than just my kids. This was more than just a 'did I say something wrong?' This was (an) institutional, this was a system that was broken.' Lee said she wants other parents to know they have rights and there are formal processes to challenge what school districts decide. Jan Lampman, an advocate through the Michigan Alliance for Families, said she has seen some success with the state complaint process or with mediation. She said there can be an information or communication gap that makes it hard for the parent to advocate for the child. 'Sometimes what happens is parents can see their kiddo struggling, they've got this medical diagnosis. But they don't realize that what they really have to go to the school with is have a conversation about 'how is whatever is going on with my kid getting in the way of them accessing the general education?'' What now? School and state leaders have long pointed to a gap between what the state and federal government provides to educate these students and what it costs to fully fund this education. State leaders put $500,000 in the state budget to pay for research into what it would take to fully fund special education. The Autism Alliance of Michigan is leading this work and plans to make its recommendations by the end of October. Michigan schools continue to face teachers shortages too. 'School districts reported higher vacancy rates for special education teachers than any other type of teaching position, with many districts reporting more than 10% of their special education positions vacant,' according to a recent report from the Education Policy Innovation Collaborative at Michigan State University. Lampman said she would like to see MDE be a resource to school districts that are struggling to find a solution with special education. For example, she said small districts may rarely encounter a specific type of disability or may have trouble finding a qualified person to provide therapies to students. She said the state could partner with schools to help them solve issues. 'We really need to raise expectations for the outcomes of kids with disabilities in Michigan,' Eckner said. ___ This story was originally published by Bridge Michigan and distributed through a partnership with The Associated Press.
Zawya
2 days ago
- Politics
- Zawya
Joint Statement of Condolence by the African Commission on Human and Peoples' Rights and African Committee of Experts on the Rights and Welfare of the Child on the Passing of Chief Theresa Kachindamoto
The African Commission on Human and Peoples' Rights (ACHPR), together with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), extends its deepest condolences on the passing of Chief Theresa Kachindamoto on 13 August 2025. Chief Kachindamoto was a pioneering female leader whose vision, courage, and moral conviction broke through cultural barriers and set a powerful example for the African continent and beyond. She took decisive action, annulling thousands of child marriages, challenging deeply entrenched norms and fiercely advocating for every child's right to education. Her tireless commitment transformed the lives of countless children across Malawi, safeguarding their futures and restoring their dignity. Through her innovative community engagement, working with families, leaders, and schools, she ensured that girls could remain in school, free from harmful practices, and able to embrace their childhoods without fear of forced marriage. It was this resolute stance that earned her the distinguished title of 'Chief Terminator,' a name that will forever be remembered as a symbol of her strength, determination and love for her people. Her influence extended far beyond her own community. Chief Kachindamoto inspired national reforms, influenced policy change, and sparked a global conversation about ending child marriage and advancing gender equality. Her passing leaves a profound void in the hearts of all who knew her and in the global human rights community. Yet, her legacy endures in the children she rescued, the communities she transformed, and the generations she inspired to fight for justice, dignity, and equality. To her family, friends, and all who mourn her loss, we extend our deepest sympathy. May her extraordinary life and unwavering mission continue to inspire collective action until every child in Africa and around the world is free from the scourge of harmful traditional practices. Jointly Issued By Hon. Wilson Almeida Adão Chairperson, African Committee of Experts on the Rights and Welfare of the Child Hon. Hermine Kembo Takam Gatsing Special Rapporteur on Child Marriage and Other Harmful Practices, African Committee of Experts on the Rights and Welfare of the Child Hon. Vice-Chair Janet Ramatoulie Sallah-Njie Vice-Chairperson and Special Rapporteur on the Rights of Women in Africa, African Commission on Human and Peoples' Rights Hon. Commissioner Mudford Zachariah Mwandenga Country Rapporteur of Malawi, African Commission on Human and Peoples' Right Distributed by APO Group on behalf of African Commission on Human and People's Rights (ACHPR).
The Independent
06-07-2025
- Politics
- The Independent
Campaigners urge Government to keep care plans for children with Send
Campaigners have urged ministers to not cut education plans for children and young people with special educational needs, describing them as 'precious legal protections'. The Government has said it 'inherited a Send (special educational needs and disabilities) system left on its knees' and it is 'looking at changes' to improve support for children and parents. Asked on Sunday whether ministers were looking to phase out education, health and care plans (EHCPs), Education Secretary Bridget Phillipson said 'we will strengthen and put in place better support for children' and promised a schools white paper in the autumn. In a letter shared with the Guardian, campaigners have said that without the documents in mainstream schools, 'many thousands of children risk being denied vital provision, or losing access to education altogether'. They said: 'For more than 40 years, children and young people with special educational needs and disabilities have had a statutory right to an education that meets their needs. 'Set alongside catastrophic plans to cut benefits for disabled people, this raises the question of who we are as a country and the kind of society in which we want to live. 'Whatever the Send system's problems, the answer is not to remove the rights of children and young people. Families cannot afford to lose these precious legal protections. Signatories to the letter include the heads of charities, professors, Send parents including actor Sally Phillips, and campaigners including broadcaster Chris Packham. Ms Phillipson was asked whether she could rule out getting rid of EHCPs. Speaking to the BBC's Sunday with Laura Kuenssberg programme, she described it as a 'complex and sensitive area'. 'What I can say very clearly is that we will strengthen and put in place better support for children,' she said. 'I've been spending a lot of time listening to parents, to disability rights groups, to campaigners and to others and to colleagues across Parliament as well, because it's important to get this right,' she added, but said it is 'tough'. Data from the Department for Education released in June indicated that the number of EHCPs has increased. In total, there were 638,745 EHCPs in place in January 2025, up 10.8% on the same point last year. The number of new plans which started during 2024 also grew by 15.8% on the previous year, to 97,747. Requests for children to be assessed for EHCPs rose by 11.8% to 154,489 in 2024. A Department for Education spokesperson said: 'The evidence is clear that this government inherited a Send system left on its knees – which is why we are looking at changes to improve support for children and stop parents having to fight for help. 'We have been clear that there are no plans to abolish Send tribunals, or to remove funding or support from children, families and schools. 'This government is actively working with parents and experts on the solutions, including more early intervention to prevent needs from escalating and £740 million to encourage councils to create more specialist places in mainstream schools.'
The Guardian
22-05-2025
- Politics
- The Guardian
US supreme court blocks religious charter school in split ruling
The US supreme court on Thursday blocked a bid led by two Catholic dioceses to establish in Oklahoma the nation's first taxpayer-funded religious charter school in a major case involving religious rights in American education. The 4-4 ruling left intact a lower court's decision that blocked the establishment of St Isidore of Seville Catholic virtual school. The lower court found that the proposed school would violate the US constitution's first amendment limits on government involvement in religion. Conservative justice Amy Coney Barrett recused herself from the case, leaving eight justices rather than the full slate of nine to decide the outcome. Barrett is a former professor at Notre Dame Law School, which represents the school's organizers. When the supreme court is evenly divided, the lower court's decision stands. The justices did not provide a rationale for their action in the unsigned ruling. Set up as alternatives to traditional public schools, charter schools typically operate under private management and often feature small class sizes, innovative teaching styles or a particular academic focus. Charter schools are considered public schools under Oklahoma law and draw funding from the state government. St Isidore, planned as a joint effort by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa, would offer virtual learning from kindergarten through high school. Its plan to integrate religion into its curriculum would make it the first religious charter school in the United States. The proposed school has never been operational amid legal challenges to its establishment. The case explored the tension between the two religion clauses of the US constitution's first amendment. Its 'establishment clause' prohibits the government from establishing or endorsing any particular religion or promoting religion over nonreligion. Its 'free exercise' clause protects the right to practice one's religion freely, without government interference. Oklahoma's Republican attorney general, Gentner Drummond, sued in October 2023 to block St Isidore in a legal action filed at the Oklahoma supreme court, saying he was duty bound to 'prevent the type of state-funded religion that Oklahoma's constitutional framers and the founders of our country sought to prevent.' Republican Oklahoma governor Kevin Stitt backed the proposed school, as did Donald Trump's administration. Opponents have said religious charter schools would force taxpayers to support religious indoctrination. Establishing them also could undermine nondiscrimination principles, they argued, because religious charter schools might seek to bar employees who do not adhere to doctrinal teachings. Organizers estimated in 2023 that St Isidore would cost Oklahoma taxpayers up to $25.7m over its first five years in operation. The Oklahoma charter school board in June 2023 approved the plan to create St Isidore in a 3-2 vote. Oklahoma's top court in a 6-2 ruling last year blocked the school. It classified St Isidore as a 'governmental entity' that would act as 'a surrogate of the state in providing free public education as any other state-sponsored charter school'. That court decided that the proposal ran afoul of the establishment clause. The first amendment generally constrains the government but not private entities. St Isidore, the court wrote, would 'require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St Isidore – all in violation of the establishment clause'. School board officials and St Isidore argued in supreme court papers that the Oklahoma court erred by deeming St Isidore an arm of the government rather than a private organization. They argued that the government had not delegated a state duty to St Isidore merely by contracting with it, and that the school would function largely independently of the government. They also argued that Oklahoma's refusal to establish St Isidore as a charter school solely because it is religious is discrimination under the first amendment's free exercise clause. The supreme court has recognized broader religious rights in a series of rulings in recent years. It ruled in a Missouri case in 2017 that churches and other religious entities cannot be flatly denied public money based on their religious status – even in states whose constitutions explicitly ban such funding. In 2020, it endorsed Montana tax credits that helped pay for students to attend religious schools. In 2022, it backed two Christian families in their challenge to Maine's tuition-assistance program that had excluded private religious schools.
Reuters
22-05-2025
- Politics
- Reuters
Split US Supreme Court blocks taxpayer-funded religious charter school
WASHINGTON, May 22 (Reuters) - The U.S. Supreme Court on Thursday blocked a bid led by two Catholic dioceses to establish in Oklahoma the nation's first taxpayer-funded religious charter school in a major case involving religious rights in American education. The 4-4 ruling left intact a lower court's decision that blocked the establishment of St. Isidore of Seville Catholic Virtual School. The lower court found that the proposed school would violate the U.S. Constitution's First Amendment limits on government involvement in religion. Conservative Justice Amy Coney Barrett recused herself from the case, leaving eight justices rather than the full slate of nine to decide the outcome. Barrett is a former professor at Notre Dame Law School, which represents the school's organizers. When the Supreme Court is evenly divided, the lower court's decision stands. The justices did not provide a rationale for their action in the unsigned ruling. Set up as alternatives to traditional public schools, charter schools typically operate under private management and often feature small class sizes, innovative teaching styles or a particular academic focus. Charter schools are considered public schools under Oklahoma law and draw funding from the state government. St. Isidore, planned as a joint effort by the Catholic Archdiocese of Oklahoma City and Diocese of Tulsa, would offer virtual learning from kindergarten through high school. Its plan to integrate religion into its curriculum would make it the first religious charter school in the United States. The proposed school has never been operational amid legal challenges to its establishment. The case explored the tension between the two religion clauses of the U.S. Constitution's First Amendment. Its "establishment clause" prohibits the government from establishing or endorsing any particular religion or promoting religion over nonreligion. Its "free exercise" clause protects the right to practice one's religion freely, without government interference. Oklahoma's Republican Attorney General Gentner Drummond sued in October 2023 to block St. Isidore in a legal action filed at the Oklahoma Supreme Court, saying he was duty bound to "prevent the type of state-funded religion that Oklahoma's constitutional framers and the founders of our country sought to prevent." Republican Oklahoma Governor Kevin Stitt backed the proposed school, as did Republican President Donald Trump's administration. Opponents have said religious charter schools would force taxpayers to support religious indoctrination. Establishing them also could undermine nondiscrimination principles, they argued, because religious charter schools might seek to bar employees who do not adhere to doctrinal teachings. Organizers estimated in 2023 that St. Isidore would cost Oklahoma taxpayers up to $25.7 million over its first five years in operation. The Oklahoma charter school board in June 2023 approved the plan to create St. Isidore in a 3-2 vote. Oklahoma's top court in a 6-2 ruling last year blocked the school. It classified St. Isidore as a "governmental entity" that would act as "a surrogate of the state in providing free public education as any other state-sponsored charter school." That court decided that the proposal ran afoul of the establishment clause. The First Amendment generally constrains the government but not private entities. St. Isidore, the court wrote, would "require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St. Isidore - all in violation of the establishment clause." School board officials and St. Isidore argued in Supreme Court papers that the Oklahoma court erred by deeming St. Isidore an arm of the government rather than a private organization. They argued that the government had not delegated a state duty to St. Isidore merely by contracting with it, and that the school would function largely independently of the government. They also argued that Oklahoma's refusal to establish St. Isidore as a charter school solely because it is religious is discrimination under First Amendment's free exercise clause. The Supreme Court has recognized broader religious rights in a series of rulings in recent years. It ruled in a Missouri case in 2017 that churches and other religious entities cannot be flatly denied public money based on their religious status - even in states whose constitutions explicitly ban such funding. In 2020, it endorsed Montana tax credits that helped pay for students to attend religious schools. In 2022, it backed two Christian families in their challenge to Maine's tuition-assistance program that had excluded private religious schools.
