Michigan disputes Education Department’s findings of COVID-era student disability violations

The Michigan Department of Education refutes claims from the U.S. Department of Education that students with disabilities were negatively impacted due to the lack of make-up services for lost instructional time during pandemic school closures.

Michigan responded on July 2 to the federal agency’s allegations of discrimination against students with disabilities under Section 504 of the Rehabilitation Act of 1973, contesting the claim that the state provided incorrect guidance to districts regarding compensatory services for missed special education assistance during COVID-19 closures.

A motion to dismiss the Education Department’s Office for Civil Rights investigation by Michigan argues that OCR’s findings are based on flawed interpretations and incomplete information, asserting that the state’s efforts to aid students with disabilities during the pandemic were unjustly criticized.

Michigan’s response follows OCR notifying the state of alleged noncompliance, starting an investigation in June 2022 and receiving findings of noncompliance in June 2023, leading to an impasse as the state declines voluntary compliance.

The Michigan Department of Education emphasizes its dedication to ensuring all students, including those with disabilities, have equal educational access in the state.

No pandemic-era special education waivers

During the pandemic’s onset in March 2020, the U.S. Department of Education declared it would not exempt schools from special education rules, mandating continued provision of special education and Section 504 services to students despite remote learning challenges.

Marcie Lipsitt, an advocate for students with disabilities in Michigan, criticizes the state’s response to the OCR investigation, alleging a pattern of denial and delay to avoid providing compensatory services to the estimated 207,000 affected students.