By Lily Guiney
Gongwer News Service
A coalition of groups representing students with disabilities and special education rights advocates around the state came out in opposition to a proposed administrative rule change within the Department of Education currently up for public comment this week.
Led by the Autism Alliance of Michigan, the assemblage of organizations includes the Michigan Disability Rights Coalition, EdTrust-Midwest, Michigan Disability Rights Coalition, Michigan PTA, Michigan League for Public Policy, Michigan Parent, Advocate & Attorney Coalition, Michigan Center for Youth Justice and Michigan Education Justice Coalition.
The groups voiced opposition to the proposed rule change, which is housed under ruleset MOAHR 2026-14 ED, based on language it would strike from special education rules surrounding complaints and investigation by the state.
Rule 340.1853(4) requires MDE to preserve, under specific circumstances, a student’s educational status, placement and services while a state special education complaint is being investigated. The rule doesn’t automatically prevent a change in status or services whenever a complaint is filed; it applies only when the department determines that allowing a change in status or services to proceed would violate a student’s due process protections.
Advocates argue if that safeguard, dubbed the “stay put” protection, is stricken from administrative rules, a student’s services or placement could change while a complaint is being investigated and by the time a decision is reached, they may have lost “critical instruction or services, experienced academic, behavioral or emotional regression, been excluded from school or been placed in an environment unable to meet their needs.”
Attorneys representing the Autism Alliance noted MDE officials have said few requests to invoke stay put protections are made, and the department said in its regulatory impact statement regarding the proposed rule change that it stopped granting requests under the rule “years ago.”
“If a safeguard has not been used consistently, that should prompt a review of why, not become the reason to erase it,” Liz Abdnour, attorney and partner at Abdnour Weiker LLP, said. “Before removing a protection that has been part of Michigan’s special education rules for years, MDE should explain why it stopped being implemented, determine whether families understood it was available, and work with stakeholders on how it should function going forward.”
The organizations joining the Autism Alliance in opposition urged MDE to withdraw the proposed deletion of Rule 340.1853(4), retain the stay put protection and “meaningfully engage families, students, advocates, educators and other stakeholders before considering changes to the safeguard.”
“Michigan is creating new opportunities to listen to families, educators and students about how special education can work better,” Autism Alliance Director of Statewide Education Heather Eckner said in a statement. “That makes it especially important that we do not get ahead of those conversations by eliminating a protection that directly affects students and families. Before making a change this consequential, MDE should listen to the people who will live with the result.”
MDE spokesperson Bob Wheaton said the groups’ comments about the proposed rule change will be taken under consideration before a final decision is made, and encouraged other invested parties to partake in the public input process before the deadline to provide public comment ends on Oct. 16.
“The Michigan Department of Education is strongly committed to providing services and supports to students with disabilities and to working in partnership with families and local educators,” Wheaton said in a statement. “The department is in the process of gathering public comment on the proposed changes and will carefully consider comments from families, educators, advocacy groups and others before making a final decision on the proposed rule changes.”
Gongwer News Service
A coalition of groups representing students with disabilities and special education rights advocates around the state came out in opposition to a proposed administrative rule change within the Department of Education currently up for public comment this week.
Led by the Autism Alliance of Michigan, the assemblage of organizations includes the Michigan Disability Rights Coalition, EdTrust-Midwest, Michigan Disability Rights Coalition, Michigan PTA, Michigan League for Public Policy, Michigan Parent, Advocate & Attorney Coalition, Michigan Center for Youth Justice and Michigan Education Justice Coalition.
The groups voiced opposition to the proposed rule change, which is housed under ruleset MOAHR 2026-14 ED, based on language it would strike from special education rules surrounding complaints and investigation by the state.
Rule 340.1853(4) requires MDE to preserve, under specific circumstances, a student’s educational status, placement and services while a state special education complaint is being investigated. The rule doesn’t automatically prevent a change in status or services whenever a complaint is filed; it applies only when the department determines that allowing a change in status or services to proceed would violate a student’s due process protections.
Advocates argue if that safeguard, dubbed the “stay put” protection, is stricken from administrative rules, a student’s services or placement could change while a complaint is being investigated and by the time a decision is reached, they may have lost “critical instruction or services, experienced academic, behavioral or emotional regression, been excluded from school or been placed in an environment unable to meet their needs.”
Attorneys representing the Autism Alliance noted MDE officials have said few requests to invoke stay put protections are made, and the department said in its regulatory impact statement regarding the proposed rule change that it stopped granting requests under the rule “years ago.”
“If a safeguard has not been used consistently, that should prompt a review of why, not become the reason to erase it,” Liz Abdnour, attorney and partner at Abdnour Weiker LLP, said. “Before removing a protection that has been part of Michigan’s special education rules for years, MDE should explain why it stopped being implemented, determine whether families understood it was available, and work with stakeholders on how it should function going forward.”
The organizations joining the Autism Alliance in opposition urged MDE to withdraw the proposed deletion of Rule 340.1853(4), retain the stay put protection and “meaningfully engage families, students, advocates, educators and other stakeholders before considering changes to the safeguard.”
“Michigan is creating new opportunities to listen to families, educators and students about how special education can work better,” Autism Alliance Director of Statewide Education Heather Eckner said in a statement. “That makes it especially important that we do not get ahead of those conversations by eliminating a protection that directly affects students and families. Before making a change this consequential, MDE should listen to the people who will live with the result.”
MDE spokesperson Bob Wheaton said the groups’ comments about the proposed rule change will be taken under consideration before a final decision is made, and encouraged other invested parties to partake in the public input process before the deadline to provide public comment ends on Oct. 16.
“The Michigan Department of Education is strongly committed to providing services and supports to students with disabilities and to working in partnership with families and local educators,” Wheaton said in a statement. “The department is in the process of gathering public comment on the proposed changes and will carefully consider comments from families, educators, advocacy groups and others before making a final decision on the proposed rule changes.”
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