Michigan Votes Forum

Introduced in the House on March 22, 2007

Click here to view bill details.

This law NEEDS to enacted immediately! I have children in a neighboring ISD and my local ISD is refusing to release my autistic son's funding to the school I wish him to attend.

Parents should not be held hostage by a school districts or an ISD for the proper services. The Supreme Court has rule more than once that Parents know their children best. Parents will see to it that their disabled children will receive a Free Appropriate Public Education (FAPE) so that they will make meaningful educational progress and receive educational benefit. This will ensure they may live productive, independent lives as someone who gives to the society not becoming a burden on the system. Currently, Michigan is not in line with the federal regulations. Michigan is now going to promulgate new special education rules that will remove extended school year (ESY) from a select group of special education students, even though this has been working for these severely multiple impaired students. The Office of Special Education Programs (OSEP) has told Michigan to correct the discrimination of special education students and create rules that will find a way for students who needs the (ESY) a way to receive these summer services or lose $380,000,000.00 in federal grants. Michigan has a hard time under standing how to do the right thing. Countless families in Wayne County are clueless to these changes because while these students were still in school the information was purposely withheld. In some cases parents were told don’t bother it is a done deal. Under Governor John Engler the executive orders of 1996 that stripped the State Board of Education of all authority over special education and shifted that authority "solely" to the Superintendent of Instruction. On Tuesday, June 26 from 11-2 on the east/main steps of the Michigan Capitol there will be a special education rally March for Michigan's 249,000 + "Special" Kids

I did not know that our state would be so cruel to special needs kids.

I have a nephew who has been struggling for years in the special education system. First, he can’t read or write they the school does every thing for him and he still can’t advance in school. Now my sister says that he has some type of hearing loss and the school refuses to provide him with the proper care.

I heard that the Oakland ISD put five specialized booth into the new ISD to test for special hearing problems but they refer kids to private if the parents raise enough double hockey sticks if you get my drift.

So if this guy Flanagan decides to stop the services for these severely impaired kids who will care for them? I mean is Medicaid going to kick in? I would bet they receive a lot of OT & PT just to name a few, Oh what about speech therapy, I know I can never get the speech services for my daughter even though she qualifies.

As your job performance is in the crapper why don’t you take this opportunity to make yourself do something good for disabled kids in Michigan. Revoke the executive orders of 1996 that stripped the State Board of Education of all authority over special education and shifted that authority "solely" to the Superintendent of Instruction.

Public Hearing Notice (2007-015 ED) for Special Education Rules and Documents The Michigan Department of Education, Office of Special Education and Early Intervention Services will conduct public hearings to receive public comment on the following proposed administrative rules and documents: Special Education Programs and Services Administrative Rules (2007-015 ED) (17 pgs.) Procedural Safeguards Notice (42 pgs.) Special Education Considerations in Student Discipline Procedures (10 pgs.) Intermediate School District Plan Criteria for the Delivery of Special Education Programs and Services (8 pgs.) Policy for the Appointment of Surrogate Parents for Special Education Services (7 pgs.) Model State Complaint (4 pgs.) and Due Process Complaint Forms (3 pgs.)

The rules are promulgated by the authority conferred on the superintendent of public instruction by sections 1701 and 1703 of 1976 PA 451, MCL 380.1701 and MCL 380.1703, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994.

March for Your Children! Fight for our children’s civil right to meaningful educational benefit. STOP the Special Education rule revisions. WHEN: June 26, 2007 from 11am-2pm WHERE: East steps main entrance of the Michigan Capitol Lansing, MI WHY: The Michigan Dept. of Education WILL cut services to children with special needs with the proposed rule revisions IF we don’t fight back. Our efforts are directed to Superintendent Flanagan, Governor Granholm, the Joint Legislative Rules Committee, Senate/House Education Committees and all members of the MI Legislature. We cannot allow them to bring Michigan's rules down to the bare bones minimum required under IDEA 2004. WHO: Parents, guardians, teachers, advocates, family…ANYONE who cares about our children’s education. BRING YOUR CHILDREN! WHAT WE ARE FIGHTING: • We are lobbying Governor Granholm to rescind the 1996 executive orders and restore a check-and-balance system for Michigan’s students and especially those with disabilities. We MUST give back authority to the State Board of Education • We are lobbying the Michigan Legislature, Michigan Dept. of Education and Governor Granholm to bring Michigan’s Special Education rules into compliance with IDEA 2004 by allowing for “private placement at public expense” and Extended School Year services. These rights have been denied our children. • We are insisting on the design of both a modified and alternate assessment that aligns with Michigan’s standards/benchmarks and the general education curriculum and stop allowing the use of the MI-Access “all 3 Functional, Supported Independence and Participation”. We MUST set the bar higher for our kids. • We are lobbying against the Intermediate School Districts alternative program that is wreaking havoc with our children’s class sizes, teacher caseloads, age-spans and school days for kids in the SXI/SCI classrooms/programs. And further, the ISD Plan violates IDEA 2004 because it doesn’t include “any” public comment/public hearing period for special education programs and services attached to a Michigan special education rule. We have NO time to lose; join our efforts by attending the rally June 26. For more information, contact Marcie Lipsitt at willowgreen1@ameritech.net or call 248-514-2101 Our lives begin to end the day we become silent about things that matter. ~ Martin Luther King, Jr.

Fran if the state removes a third of the school year for SXI kids what ISD will help?

I've never had any difficulty with the ISD over testing my son's hearing. They've always offered to do the testing as well as mentioned that I could go private if I wanted to. They were wonderful helping us through the hearing aid process as well.

Are you a teacher or a PAC member?

You don't need to be either to get help. I'll tell you my experience. In kindergarten, my son was screened for hearing at school through the county screening. A problem was picked up and the county referred us to more intensive testing at the county health department. (As I understand it, the county health no longer does the intensive testing.) My son's hearing was monitored through kindergarten and retested in 1st grade and he again failed the hearing screening at school. This time the county referred us to the Oakland County ISD for the more intensive testing. They did the testing without a qualm. They picked up a sensorineural hearing loss and recommended hearing aids. I wanted a second opinion so I had a private ENT take a look. There was no problem from the ISD with anything. Once we decided on the hearing aids, they gave us loaner hearing aids until we could secure our own. In addition, they referred us to a wonderful hearing aid provider. I can only speak from my own experience but the ISD staff has never been anything but professional and helpful.

The superintendents should not have the final say in these decisions, especially when they have limited knowledge on the subject of special education.

To "Everyone" posting and reading these posts- It is critically important that we get as many people (and this is “all” people) to send this e-mail to Governor Granholm requesting her to rescind Executive Orders 1996-11 and 1996-12. We all talk about the lack of accountability and erosion of special education in Michigan over the past decade and so much of this is directly tied to these Orders that stripped the SBE of all authority and shifted sole authority to “1” person the Superintendent. If we want to hold the MDE accountable then we need to be able to hold the “elected” State Board of Education “accountable.” I know many of you feel beaten, broken and that no one is listening…and you are right that the “right” person is not listening and the State Board has “no” authority to do anything. I am posting everywhere but I could sure use help in your parts of the State. The "1st e-mail below" should be e-mailed to wilburc@michigan.gov and "your members of the House/Senate". The "2nd e-mail" should be e-mailed to senjpappapgeorge@senate.michigan.gov, dspade@house.mi.gov, andydillon@house.mi.gov, senmbishop@senate.mi.gov and "your" members of the House and Senate. Everyone posting should want the Joint Committee on Administrative Rules to hold public hearings for the "final package of rule revisions." Please send these e-mails and feel free to e-mail me offlist with any questions, comments or thoughts willowgreen1@ameritech.net! Dear Governor Granholm - I write to you today as a (parent, grandparent, teacher, social worker, psychologist, concerned citizen). I am asking you to rescind the Executive Order Nos. 1996-11 and 1996-12 issued by former Governor John Engler as they continue to prevent students and teachers in Michigan from living in a Democracy with a check-and-balance system for the laws that govern and guide our children’s education. . Governor Granholm “you” did not issue Executive Order 1996-11 or Executive Order 1996-12. Governor Granholm when you ran for Governor in your first race you came out publicly and loudly against much of what former Governor Engler had put into place and policy changes made during his 12 years in office. You said that the State of Michigan needed a new course and new direction. I don’t want to believe that you would intentionally leave Michigan’s students with disabilities and their teachers to a lesser quality of life and government than you intended for all of our citizens, stakeholders and tax payers. Governor Granholm you will be leaving an "undue and unnecessary" burden on the already heavily weighted shoulders of parents who have children with special needs and Michigan’s teachers if you do not rescind Executive Order 1996-11 and Executive Order 1996-12. Isn’t Michigan losing enough young and newly graduated teachers, as well as those who leave Special Education due to the stress? Don’t you want to encourage newly certified teachers and all of Michigan’s teachers to stay in Michigan…to stay in teaching…and to teach and embrace “all” students? My concerns over these Executive Orders are "not" directly tied to our "current" Superintendent of Public Instruction, Mr. Mike Flanagan. I have had serious and troubling concerns over these Executive Orders since they were executed by former Governor Engler. I believe we all want to live in a State and a Country that has a "check-and-balance system" for the laws we live under. Due to these Executive Orders "especially" students with disabilities and their teachers have not lived in a Democracy and their has been "no" check-and-balance system for the rules that are "laws" and attached to an IEP (Individual Education Plan)...a legally binding document. I have seen troubling deterioration to the special education programs and services through "every" Superintendent since those Executive Orders were issued in 1996. Most devastating was the promulgation of R 340.1832 (e) by former Superintendent Tom Watkins and the excessive number of waivers issued by Art Ellis and Mike Williamson. We need a "balance" of authority at the MDE. We need our rules/laws approved by an elected body and that would be our SBE. Governor Granholm you care about children. I believe if you really think about this and these orders you will understand that they are not and have not been in the best interest of Michigan's most fragile and complex population of students. Governor Granholm, you do not want this to become a part of your legacy to Michigan and our children. Respectfully, (Put your name and address) Dear Senator Pappageorge and Representative Spade, My name is (enter your name) and I am the parent of a child with special needs. She is the love and light of my life but I fear and am witness to the Michigan Department of Education, our ISD (enter your ISD) and LEA (enter your school district) extinguishing their “educational” light and “educational” lives. I have serious concerns with the Special Education Administrative Rules that have been proposed for revision by the MDE. I understand that JCAR will receive the “final” Special Education Administrative Rules package towards the end of August. I am asking and urging JCAR to hold Public Hearings before making your recommendation to the Michigan Legislature and Governor Granholm’s office. I believe you need to hear from the parents and stakeholders who will be directly impacted by the revisions proposed and promulgated by the Office of the Superintendent of Instruction. There has been much propaganda on the proposed rule revisions coming from the MDE. I again ask and urge you to review “each and every rule revision.” The Individuals With Disability Education Improvement Act 2004 (IDEA 2004) is Federal legislation that sets forth a “minimum” guideline for all States to follow. States can and do exceed the minimum set forth in IDEA 2004. Michigan and our MDE used to proud of a history that exceeded the minimum guidelines in IDEA…sadly, devastatingly and disturbingly that has not been true in the past decade. The MDE has proposed revisions to the Special Education Administrative Rules that bring our Rules down to the bare-bones minimum set forth in IDEA 2004. This is not about bringing the Michigan Special Education Administrative Rules into Federal compliance or risk the loss of millions of dollars in Federal funds. This is about the MDE saving money at the expense of its most complex students. It is time for the Michigan Legislature to provide the concern, due diligence and oversight necessary to make certain that all of Michigan’s current 1.7 million students and that includes the 249,000 identified and found eligible to receive Special Education services…receive meaningful educational benefit for a lifetime of maximum productivity into their adulthoods. Respectfully, (your name and address)

To "Everyone" posting and reading these posts- It is critically important that we get as many people (and this is “all” people) to send this e-mail to Governor Granholm requesting her to rescind Executive Orders 1996-11 and 1996-12. We all talk about the lack of accountability and erosion of special education in Michigan over the past decade and so much of this is directly tied to these Orders that stripped the SBE of all authority and shifted sole authority to “1” person the Superintendent. If we want to hold the MDE accountable then we need to be able to hold the “elected” State Board of Education “accountable.” I know many of you feel beaten, broken and that no one is listening…and you are right that the “right” person is not listening and the State Board has “no” authority to do anything. I am posting everywhere but I could sure use help in your parts of the State. The "1st e-mail below" should be e-mailed to wilburc@michigan.gov and "your members of the House/Senate". The "2nd e-mail" should be e-mailed to senjpappapgeorge@senate.michigan.gov, dspade@house.mi.gov, andydillon@house.mi.gov, senmbishop@senate.mi.gov and "your" members of the House and Senate. Everyone posting should want the Joint Committee on Administrative Rules to hold public hearings for the "final package of rule revisions." Please send these e-mails and feel free to e-mail me offlist with any questions, comments or thoughts willowgreen1@ameritech.net! Dear Governor Granholm - I write to you today as a (parent, grandparent, teacher, social worker, psychologist, concerned citizen). I am asking you to rescind the Executive Order Nos. 1996-11 and 1996-12 issued by former Governor John Engler as they continue to prevent students and teachers in Michigan from living in a Democracy with a check-and-balance system for the laws that govern and guide our children’s education. . Governor Granholm “you” did not issue Executive Order 1996-11 or Executive Order 1996-12. Governor Granholm when you ran for Governor in your first race you came out publicly and loudly against much of what former Governor Engler had put into place and policy changes made during his 12 years in office. You said that the State of Michigan needed a new course and new direction. I don’t want to believe that you would intentionally leave Michigan’s students with disabilities and their teachers to a lesser quality of life and government than you intended for all of our citizens, stakeholders and tax payers. Governor Granholm you will be leaving an "undue and unnecessary" burden on the already heavily weighted shoulders of parents who have children with special needs and Michigan’s teachers if you do not rescind Executive Order 1996-11 and Executive Order 1996-12. Isn’t Michigan losing enough young and newly graduated teachers, as well as those who leave Special Education due to the stress? Don’t you want to encourage newly certified teachers and all of Michigan’s teachers to stay in Michigan…to stay in teaching…and to teach and embrace “all” students? My concerns over these Executive Orders are "not" directly tied to our "current" Superintendent of Public Instruction, Mr. Mike Flanagan. I have had serious and troubling concerns over these Executive Orders since they were executed by former Governor Engler. I believe we all want to live in a State and a Country that has a "check-and-balance system" for the laws we live under. Due to these Executive Orders "especially" students with disabilities and their teachers have not lived in a Democracy and their has been "no" check-and-balance system for the rules that are "laws" and attached to an IEP (Individual Education Plan)...a legally binding document. I have seen troubling deterioration to the special education programs and services through "every" Superintendent since those Executive Orders were issued in 1996. Most devastating was the promulgation of R 340.1832 (e) by former Superintendent Tom Watkins and the excessive number of waivers issued by Art Ellis and Mike Williamson. We need a "balance" of authority at the MDE. We need our rules/laws approved by an elected body and that would be our SBE. Governor Granholm you care about children. I believe if you really think about this and these orders you will understand that they are not and have not been in the best interest of Michigan's most fragile and complex population of students. Governor Granholm, you do not want this to become a part of your legacy to Michigan and our children. Respectfully, (Put your name and address) Dear Senator Pappageorge and Representative Spade, My name is (enter your name) and I am the parent of a child with special needs. She is the love and light of my life but I fear and am witness to the Michigan Department of Education, our ISD (enter your ISD) and LEA (enter your school district) extinguishing their “educational” light and “educational” lives. I have serious concerns with the Special Education Administrative Rules that have been proposed for revision by the MDE. I understand that JCAR will receive the “final” Special Education Administrative Rules package towards the end of August. I am asking and urging JCAR to hold Public Hearings before making your recommendation to the Michigan Legislature and Governor Granholm’s office. I believe you need to hear from the parents and stakeholders who will be directly impacted by the revisions proposed and promulgated by the Office of the Superintendent of Instruction. There has been much propaganda on the proposed rule revisions coming from the MDE. I again ask and urge you to review “each and every rule revision.” The Individuals With Disability Education Improvement Act 2004 (IDEA 2004) is Federal legislation that sets forth a “minimum” guideline for all States to follow. States can and do exceed the minimum set forth in IDEA 2004. Michigan and our MDE used to proud of a history that exceeded the minimum guidelines in IDEA…sadly, devastatingly and disturbingly that has not been true in the past decade. The MDE has proposed revisions to the Special Education Administrative Rules that bring our Rules down to the bare-bones minimum set forth in IDEA 2004. This is not about bringing the Michigan Special Education Administrative Rules into Federal compliance or risk the loss of millions of dollars in Federal funds. This is about the MDE saving money at the expense of its most complex students. It is time for the Michigan Legislature to provide the concern, due diligence and oversight necessary to make certain that all of Michigan’s current 1.7 million students and that includes the 249,000 identified and found eligible to receive Special Education services…receive meaningful educational benefit for a lifetime of maximum productivity into their adulthoods. Respectfully, (your name and address)

I am a mother of four children.One has autism.I also have a brother with autism.I feel that this law should be passed so children with special needs can attend school of the parent's choice.Now our children already attend the schools we want them to attend to,however other children are not as fortunate.Schools refusing children with special needs a right to their education is wrong.There is already a law President Bush has passed the no child left behind law.This gives ALL children a right to an education.It is not right when a school discrimates against a child wheather he or she is autistic or has any other special needs.A child with special needs is no different then you or I they just have a special need.They are gifted in their own way.Schools need to start treating these wonderful special needs children differently rather then discrimate and say you can't get your education here because their different-this only hurts and upset the child!! This law MUST be passed for the children who have special needs!! Bonnie Thorson of Morley

I undestand that many parents are upset at the thought of the elimination of the the special education summer program and are upset with mike flanagan. However, YOUR STUDENT WILL STILL HAVE ACCESS TO THESE SERVICES: determination will be made on an individual basis and not limited to any one group of students, but rather to anyone who could benefit from it. and if Michigan doesnt change their rules to comply with federal regulations they could lose $380 million dollars in federal funding. So i'm sure you'd rather have your child accepted on an individual basis and still have funding for their program rather than automatically accepted but without $380 million.

If we want this bill to be enacted, we need to address the Committee Chair. His name is Tim Melton and can be reached at timmelton@house.mi.gov. They will only take notice of this legislation if enough of us voice its merits to this man.

No, I don't "get your drift". Have you had a child tested at the ISD or are you simply circulating rumor and doing some Oakland ISD bashing?

We had some momentum building this summer concerning this bill. Now that has tapered off. We need to make legislators aware that we have not given up the fight. We need to contact them daily or at least weekly, to ensure the passage of this bill. We need to keep up the fight for all of our special needs students!

"Michigan doesnt change their rules to comply with federal regulations they could lose $380 million dollars in federal funding." You my friend are misinformed to be sure, Michigan must promugate rules that comply with the federal regulation.