Michigan Votes Forum

Introduced in the House on October 17, 2007, to transfer authority over special education rules from the state superintendent of instruction to the state State Board of Education. The authority was transferred from the department to the superintendent in a 1996 gubernatorial executive order

The vote was 88 in favor, 20 opposed and 2 not voting

(House Roll Call 493 at House Journal 56)

Click here to view bill details.

Superintendent of instruction? Department of education? Sounds like a natural for cost cutting to me. I see redundancy.

Actually the information on HB 5323 as posted is incorrect. This bill will return the authority to the "State Board of Education" and not to the "Department of Education". Back in 1996 former Governor John Engler issued Executive Order Nos. 1996-11 & 1996-12 that "stripped" the "elected" State Board of their "elected" authority and gave "sole" authority to the "non-elected" Superintendent of Public Instruction. It has been a devastating 12 years for students with disabilities, their parents and special education teachers without the necessary check-and-balance system of authority. There has been no transparency of government and that must change. Better than 25.6% of Michigan's students with disabilities are dropping out of our high schools after entering the 9th grade and we must stop this death spiral that sends our children down a path of illiteracy, unemployment (and unemployable) and despair. We all live in this country because our laws and the laws that become rules are created and passed by "elected" officials. Our children and their teachers deserve no less. I am happy to answer any and all questions about this bill. Sincerely, Marcie Lipsitt willowgreen1@ameritech.net

We as parents have struggled for years to get our child the proper placement to me her needs. I am encouraged by the bill. I want it passed so the state board gets their authority back in regards to special education. Our current system as it is only burdens schools.

I want to thank the Mackinac Policy Center for so quickly correcting the misinformation originally posted on HB 5323. This bill will return the rule-making authority to our elected State Board of Education. Former Governor John Engler crossed the line when he stripped elected officials (State Board of Education) of their elected authority and shifted sole authority to our non-elected State Superintendent of Public Instruction. A kind, caring and responsible State Superintendent will be all of those things without sole authority. Please support HB 5323. Marcie Lipsitt

This bill is great news and points Michigan in a direction they haven't been in over 11 years---the RIGHT direction! How obvious is this? It is so obvious that we need to bring checks and balances back into the education administrative rules--by supporting this bill and giving our elected officials, the State Board of Education, the power to keep the Superintendent in check. This couldn't be more important for our kids who will one day become tax-paying citizens. Mara Husband

They've done such a great job???????

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How nice to think that people at the state level actually know and understand student learning; especially students with specail needs.

What does the state think they are doing... Special education teachers lose status State tests do not meet federal rules December 3, 2007 BY LORI HIGGINS FREE PRESS EDUCATION WRITER Thousands of secondary special education teachers in Michigan likely have been stripped of their status as highly-qualified teachers because the state improperly allowed them to reach the standard by taking an elementary education exam. The state is giving those teachers until June 30, 2009, to become highly qualified -- a status they must maintain to comply with the federal No Child Left Behind law. Advertisement The state must act or risk sanctions from the U.S. Department of Education, which include the possible withholding of some federal aid. Michigan has nearly 14,000 special education teachers, with about 7,000 teaching at the secondary level. The Michigan Department of Education said it is unclear how many of them used the elementary exam to become highly qualified. Districts now must send letters home to the parents of the children whose teachers no longer are considered highly qualified. And the teachers have to choose one of several challenging paths to regain that status, such as taking a secondary-level test in each of the subjects they teach. The situation has teachers such as Kelly Campbell, at Olivet High School near Lansing, frustrated because they had been assured the test was OK. "I just want Michigan and the federal government to be on the same page and not make us do things that are useless, not waste our time," Campbell said. "Figure it out and be done with it." States are required to collect data on highly qualified teachers and report the number of classes taught by teachers who meet that standard to the U.S. Department of Education. For most general education teachers at the secondary level, becoming highly qualified has meant needing to have earned a major or passing a certification exam in the subjects they teach. But Michigan opted to allow secondary special education teachers to take the Michigan Test for Teacher Certification elementary education exam. Asked why, Jan Ellis, spokeswoman for the state Department of Education, said in an e-mail: "At the time, this was believed to be an appropriate means to meet the requirements -- until guidance from the federal government directed us to amend the requirements." That guidance came in a September letter from the U.S. Department of Education. Stephanie Babyak, a spokeswoman for the federal agency, said she was unaware of any other states that have tried to use an elementary exam for secondary special education teachers. "But we will certainly be checking," Babyak said. Nationwide, she said, secondary special education is one of the biggest problem areas in getting teachers highly qualified. Marcie Lipsitt, a Birmingham parent and special education advocate who organized a rally last summer to protest proposed changes to state special education rules, pushed the federal agency to take action against Michigan. Lipsitt said many special education teachers at the high school level are certified to teach emotionally impaired or cognitively impaired students, but they end up teaching a range of students with learning disabilities. "My greatest concern has been how ... these children even have a chance when they have a teacher who has a proficiency level in the content area of a fourth- or fifth-grader," she said. "It creates an inequity. It creates a different level of standards." Special education children earning regular diplomas need teachers with a grasp of secondary curriculum, Lipsitt said. "I'm not saying this is going to be utopia," she said of the new requirements. "But I believe it is going to raise the standard. It's going to raise the knowledge level of the teachers." But some argue that not all special education children are earning a regular diploma, nor can they all do secondary level work. Tess Firlit said most of the students she teaches at the training and transition center at Ottawa Hills High School in Grand Rapids have severe disabilities. "If they read at a fifth-grade level, that's high. They comprehend at a much lower level," said Firlit, who provides job training to students and teaches health, physical education and government. Some teachers are trying to figure out what they'll do now to meet the state and federal requirements. In the Macomb Intermediate School District, which operates special education programs countywide, the administration met individually with about 15 affected teachers to complete portfolios that demonstrate their competence on this job, said Ken Reid, president of the Macomb Federation of Teachers. Reid, who teaches elementary students with severe impairments, said the quick resolution has helped to ease anxiety among teachers. "I think people, though they may have been anxious at first, and probably a little bit frustrated that the state department had made an error, came into these meetings at the end pretty comfortable and well prepared," Reid said. Contact LORI HIGGINS at 248-351-3694 or lhiggins@freepress.com.

Marcie Lipsitt: Education Dept. put teachers, special ed students in a bind Politics drove state to do testing that feds don't accept Kelly Campbell, a high school teacher in the Lansing area, recently said, "I just want Michigan and the federal government to be on the same page and not make us do things that are useless, not waste our time. ... Figure it out and be done with it." Secondary special education teachers in Michigan have been misled into believing that passing the MTTC elementary exam qualified them under No Child Left Behind as HQT (highly qualified teacher status). Michigan Department of Education spokeswoman Jan Ellis said, "At the time this was believed to be an appropriate means to meet the requirement - until guidance from the federal government directed us to amend the requirements." So let's set the record straight. In 2006, when I learned the MDE was allowing middle school and high school special education teachers to pass an elementary exam, I contacted Superintendent Mike Flanagan, Flora Jenkins, director of the Office of Professional Preparation, and Jacqueline Thompson, director of Special Education. My calls and e-mails were ignored. It is disingenuous for the MDE to now tell teachers they didn't know this standard violated federal law. They knew and didn't care. I had done my due diligence and knew that Michigan was violating the rights of thousands of secondary students with disabilities, so I contacted the U.S. Department of Education. There, Elizabeth Witt cared. Secondary students with disabilities have lost years of their educational lives - all because the MDE cared more about indulging the teacher unions, special interest groups and an aging population of special education teachers who, heaven forbid, might actually have to take some course credits in the content areas they have been employed and paid to teach. Everyone wants to believe that students with disabilities can't learn and can't reach grade level proficiency. Well, here's a novel thought: Why don't we first try providing them with special education teachers who are actually proficient in algebra, language arts, social studies and science, along with the programs and services they are entitled to under the Individuals with Disabilities Education Act (IDEA 2004)? In 1975, the federal government signed legislation that gave students with a disability the right to a "free and appropriate Education." Michigan then was a state at the forefront of special education in this country. In more recent times, Govs. John Engler and Jennifer Granholm and countless Michigan legislators have eroded programs and services for the disabled. The majority of students with special needs can reach grade level proficiency that allows them to go on to the workplace and post-secondary education. We need all Michigan students to one day become maximally productive and contributing adults. Granholm needs to tell her Department of Education to stop leaving students with disabilities behind. - Marcie Lipsitt lives in Franklin.

Do you mean this article? Special education teachers lose status State tests do not meet federal rules December 3, 2007 BY LORI HIGGINS FREE PRESS EDUCATION WRITER Thousands of secondary special education teachers in Michigan likely have been stripped of their status as highly-qualified teachers because the state improperly allowed them to reach the standard by taking an elementary education exam. The state is giving those teachers until June 30, 2009, to become highly qualified -- a status they must maintain to comply with the federal No Child Left Behind law. Advertisement The state must act or risk sanctions from the U.S. Department of Education, which include the possible withholding of some federal aid. Michigan has nearly 14,000 special education teachers, with about 7,000 teaching at the secondary level. The Michigan Department of Education said it is unclear how many of them used the elementary exam to become highly qualified. Districts now must send letters home to the parents of the children whose teachers no longer are considered highly qualified. And the teachers have to choose one of several challenging paths to regain that status, such as taking a secondary-level test in each of the subjects they teach. The situation has teachers such as Kelly Campbell, at Olivet High School near Lansing, frustrated because they had been assured the test was OK. "I just want Michigan and the federal government to be on the same page and not make us do things that are useless, not waste our time," Campbell said. "Figure it out and be done with it." States are required to collect data on highly qualified teachers and report the number of classes taught by teachers who meet that standard to the U.S. Department of Education. For most general education teachers at the secondary level, becoming highly qualified has meant needing to have earned a major or passing a certification exam in the subjects they teach. But Michigan opted to allow secondary special education teachers to take the Michigan Test for Teacher Certification elementary education exam. Asked why, Jan Ellis, spokeswoman for the state Department of Education, said in an e-mail: "At the time, this was believed to be an appropriate means to meet the requirements -- until guidance from the federal government directed us to amend the requirements." That guidance came in a September letter from the U.S. Department of Education. Stephanie Babyak, a spokeswoman for the federal agency, said she was unaware of any other states that have tried to use an elementary exam for secondary special education teachers. "But we will certainly be checking," Babyak said. Nationwide, she said, secondary special education is one of the biggest problem areas in getting teachers highly qualified. Marcie Lipsitt, a Birmingham parent and special education advocate who organized a rally last summer to protest proposed changes to state special education rules, pushed the federal agency to take action against Michigan. Lipsitt said many special education teachers at the high school level are certified to teach emotionally impaired or cognitively impaired students, but they end up teaching a range of students with learning disabilities. "My greatest concern has been how ... these children even have a chance when they have a teacher who has a proficiency level in the content area of a fourth- or fifth-grader," she said. "It creates an inequity. It creates a different level of standards." Special education children earning regular diplomas need teachers with a grasp of secondary curriculum, Lipsitt said. "I'm not saying this is going to be utopia," she said of the new requirements. "But I believe it is going to raise the standard. It's going to raise the knowledge level of the teachers." But some argue that not all special education children are earning a regular diploma, nor can they all do secondary level work. Tess Firlit said most of the students she teaches at the training and transition center at Ottawa Hills High School in Grand Rapids have severe disabilities. "If they read at a fifth-grade level, that's high. They comprehend at a much lower level," said Firlit, who provides job training to students and teaches health, physical education and government. Some teachers are trying to figure out what they'll do now to meet the state and federal requirements. In the Macomb Intermediate School District, which operates special education programs countywide, the administration met individually with about 15 affected teachers to complete portfolios that demonstrate their competence on this job, said Ken Reid, president of the Macomb Federation of Teachers. Reid, who teaches elementary students with severe impairments, said the quick resolution has helped to ease anxiety among teachers. "I think people, though they may have been anxious at first, and probably a little bit frustrated that the state department had made an error, came into these meetings at the end pretty comfortable and well prepared," Reid said. Contact LORI HIGGINS at 248-351-3694 or lhiggins@freepress.com.

Please explain the pro's and the con's.

Rep. Caswell, having reserved the right to explain his protest against the passage of the bill, made the following statement: “Mr. Speaker and members of the House: While I do not disagree with the premise of more open rule making for our special education students, I do not believe this bill will do it. More changes need to be made so that not only will the process be open but that the process will also effectively address the needs of these students. I would gladly support such changes.”

Rep. Palmer, having reserved the right to explain his protest against the passage of the bill, made the following statement: “Mr. Speaker and members of the House: When something is broken, it is time to fix it. The problem of who has the final say over rules for special education children is one that has been debated for years. In the minds of many, having this authority rest in the hands of the State Board of Education was considered to be not the best outcome. Today, we voted on a bill to change back to a system previously determined to be ineffective. If a change needs to be made, it should be a change that best reflects the needs of the students. We have a responsibility to provide services and education for all Michigan children, regardless of their ability, and to provide the best service we can, and reverting to a process that has been unsuccessful in the past doesn’t seem to be the way to move forward. The key issue is accountability to the citizens, and in this case particularly parents. Since the Superintendent of education is directly responsible to the State Board of education, this legislation does not necessarily accomplish that.”

I didn't really think it was a big deal that I was asked to take the elementary MTTC to be qualified in all subjects for middle school and secondary level, until just recently. Now I have a definite opinion. I was asked to take a position as a special education teacher to co-teach in science at the high school last year. Due to lay offs this would save someone a job, so I went feeling I could tackle anything. I was quickly astonished at the grade level content expected in the Astronomy/Meteorology, Biology, Physical Sci. I, Physical Sci II classes I was asked to teach. I was trying to support the kids as I was barely staying one step ahead. A literature position opened up in the middle of the school year and I jumped at the possibility to teach it. I'm highly qualified in English, but clearly not science at the high school level. A few days ago I was told the district wanted me to go back and teach science to the high school special education students who are primarily Learning Disabled, average intelligence. They said that I was the only one highly qualified because I hold a curriculum masters. I'm trying to convince them I am not. My son is a bright boy who happens to have a learning disability. The thought that he would someday have to take the Michigan Merit after getting science instruction from me, convinced me there is a reason to find teachers who have equivalent core knowledge to other content teachers. If I hadn't been in the science class, I may have assumed that I could do it. I'm just hoping I'm not forced to go somewhere I'm not qualified. What will happen to me in two years when they say, "You are a rotten teacher in science." Or even worse, will they care? Anonymous citizen