Michigan Schools and Parents of Disabled Children in Conflict

As in other states, Michigan schools are seeing morecomplaints just nine years ago. Though most cases
and more parents of disabled children pulling them outare resolved before ever going to a hearing, the
of public schools, providing alternative privateMichigan schools are seeing more and more parents
education, and then suing the Michigan Schools topulling their special needs children out of the public
foot the bill. It has become a problem and growingschools first, providing alternative education, and then
expense for public schools across the nation, eversuing the Michigan schools' districts for compensation.
since the passing of the federal Individuals withSome cases do not even involve services that the
Disabilities Education Act, which states that publicMichigan schools are obligated to provide. One family
schools are required to provide special educationwith an autistic 12-year-old, for instance, was told by
students with a free, appropriate public education.their doctor that their son needed several hours each
Disputes arise when parents and schoolweek of speech therapy. They wanted the Michigan
administrators are in conflict over what is appropriate.schools to provide this, but they offered 40 minutes
The Michigan Schools recently had its Birminghameach week, though they were not obligated by law
school district sued by parents of a 17-year-old sonto provide any such services. The parents then went
with bipolar, obsessive compulsive and Asperger'sto their insurance company, which paid for some of
disorders, as well as other impairments. Andrew'sthe therapy, as well.
condition has become more serious in recent years,The Lipsitt case was recently settled by a state
though Andrew's daily regimen of pills control hisadministrative law judge, who ruled in favor of the
otherwise violent and uncontrollable episodes.Lipsitt family. Judge Lauren Harkness ordered the
His parents believed he would be better educated atMichigan schools Birmingham district to pay for more
home with one-on-one instruction, where there wouldthan two years of homebound special education,
be few distractions. Andrew had attended Grovesstating that the district denied Andrew a free and
High School in Franklin; however, his parents took itappropriate public education. The district may appeal
upon themselves to pull him out and provide histhe ruling.
education at home through private teachers.It is not that these children do not deserve these
Michigan schools officials in the Birmingham districtservices - they do; however, the Michigan schools
believe that Andrew would do better being educatedhave a limited budget to cover such services for all
at the high school with other students, where heof the 242,000 special needs children. As the number
could improve his social skills. The dispute betweenof such children rises, so does the state and federal
parents and Michigan schools administrators became acontributions to each school; however, the current
legal battle, with the parents seeking compensation$723 million is not enough to cover the in-school
of $113,000 to pay for the at-home private teacherscosts of special education, as well as the expenses
and therapists for the past three years, as well as toincurred by parents who make alternative educational
cover these same expenses for one additional year.arrangements (usually private and expensive).
The Michigan schools district in Birmingham chargedThere is no doubt that, as a society, we need to
that they had provided the Lipsitt boy withprovide an appropriate education for special needs
appropriate educational opportunities by shortening hischildren. To do so, without hurting other children
school week and providing classes with opportunities(including those with special needs who attend public
for him to learn to socialize (some in regularschool), the Michigan schools and other public school
classroom settings). They made numerous attemptssystems across the nation must develop a better
to create a special educational program for Andrew,method of communicating and working with the
all of which were rejected by his parents, whoparents of special needs children, the community and
wanted him home schooled.government. Better funding and guidelines must exist
This is not the first such case for the Michiganfor the schools, as well as other funding opportunities
schools that currently have 242,000 students, whofor such parents to provide non-educational services
receive special educational services, and the numberneeded for their children. Otherwise, the public
is growing each year. In the 2005-2006 school year,schools will be bankrupt paying for expensive
the Michigan schools saw 110 formal complaints overeducations and services for only a few.
special educational services. There were only 77 such