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Special EducationWhen your district denies an evaluation, drags out an IEP, or refuses the services your child clearly needs, the law gives you real leverage. We use it.
Children with autism, ADHD, anxiety, depression, or emotional impairment are entitled to a free appropriate public education that actually fits them. In Michigan that means a real evaluation, an IEP designed around the child, and services that work, including behavioral support. Too often families get a thin plan, a "wait and see," or a flat no.
You do not have to accept that. Michigan and federal law (the IDEA and the Michigan Administrative Rules for Special Education) give parents the right to challenge the district, demand independent evaluations, and bring the dispute before a neutral administrative law judge.
Disagree with the school's evaluation? You can request an Independent Educational Evaluation. The district must then fund it or go to a hearing to defend its own, carrying the burden. That independent evaluation can include a behavioral assessment by a qualified evaluator who does not work for the district.
The due process hearing is a free, state-run proceeding before a Michigan administrative law judge. Under federal law, a parent who prevails can recover attorney fees from the district. No one can promise a result, but this is why strong cases often cost a family far less than they expect.
Attorney fees are recoverable only if the parent prevails, by court award or settlement. Fee arrangements are discussed and agreed in writing before representation begins.
Getting your child properly evaluated, challenging a "not eligible" finding, and securing independent evaluations at public expense.
Fixing a plan that is too thin, missing goals, or not being followed, including adding a Behavior Intervention Plan and related services.
Functional behavioral assessments and services for kids whose needs are being mislabeled as discipline problems.
Filing and litigating due process complaints before Michigan administrative law judges when the district will not move.
Make-up services to remedy past denials, which can cover a long period even when the filing deadline is shorter.
When the district cannot meet your child's needs and you place privately, pursuing reimbursement where the law allows.
If you disagree with the district's evaluation, you can request an Independent Educational Evaluation. The district must then either pay for it or file for a hearing to defend its own evaluation, carrying the burden of proof. This can include an independent behavioral assessment.
A due process complaint generally must be filed within two years of when you knew or should have known about the problem. A state complaint to the Michigan Department of Education has a one-year window. The sooner we look, the more options you have.
Advocates can help with preparation, but whether a non-attorney may formally represent a parent at a Michigan hearing is legally unsettled. An attorney can examine witnesses, argue the law, and, if you prevail, seek fees from the district. With this firm, a licensed attorney handles your case directly.
Depending on the case: compensatory education, a corrected IEP, behavioral and related services, and sometimes private-school tuition reimbursement, plus possible recovery of attorney fees.
Send the evaluation and the IEP. We'll review your situation and tell you whether you have a case, at no cost.
