Micomplainers (2024)

FAQs

What if a school is not following the IEP in Michigan? ›

State Complaints

The state complaint process can address noncompliance with the IEP under MARSE and IDEA. A state complaint investigates if the school violated the law or failed to do something the law requires. A complaint can be filed up to one year after the problem occurs.

A formal state complaint must be written, signed, and sent to the Michigan Department of Education (MDE) and your school district. You can file a complaint up to one year after the problem occurs. The complaint must contain information about the problem you are having and the laws you think have been broken.

The second thing is that following an IEP is not a teacher's choice to make. It's the law.

If the behavior was caused by the student's disability or by the school's failure to follow the IEP, then the behavior was a manifestation of the student's disability. This means a school cannot suspend or expel the student. The student should return to their prior educational placement.

ADR methods can include a facilitated IEP, Indepedent Child Advocates, mediation through your local SELPA, or Resolution Panels. STATE Mediation and/or Due Process – In California, these dispute resolution methods are provided through the State Office of Administrative Hearing.

Student's Injury: If a student suffers an injury at school, their parents may have a claim against the school district. The problem is that public school districts are governmental agencies in Michigan, and they may have sovereign immunity, which is a defense to claims based on the law of negligence.

An MDR and the “stay-put” rule are strong protections for students who receive SES. The stay-put rule allows your child to stay in the placement that you and the school last agreed upon while you appeal a disciplinary decision. To learn more read, The Manifestation Determination Review.

If a parent or a person who holds educational decision-making rights agrees to an IEP and the school fails to implement the agreed services and supports, a parent or educational rights holder may file a complaint with the California Department of Education's Special Education Division at www.cde.ca.gov/sp/se/qa/ ...

If CDE finds that a district has not provided appropriate services, it must address the failure through corrective actions that address the needs of the affected student. These corrective actions may include compensatory services or monetary reimbursem*nt.

According to the Individuals with Disabilities Education Act, schools are indeed liable if they fail to provide the services outlined in a student's IEP. These services could include special instruction, speech therapy, physical therapy, and other services that aid in the student's education.

What does it mean if an IEP is out of compliance? ›

IEP non-compliance occurs when the school and/or district doesn't follow the IEP entirely or in parts. Some examples of IEP non-compliance include - The Special education teacher's inability to set measurable IEP goals. School-based special ed professionals not measuring the IEP goal progress.