• pg 18-20: Featured Family: Meet the Krocsis Family
• pg 27: Advocate Like A Mother: 504 vs. IEP: Which is Better?
• pg 10-12 : Big News In Special Education Law
• pg 13 : Microschools, Another Option for Students With Special Needs
• pg 22-23 : Making A Difference: Special Education Mediation Services
• pg 16-17 : Sponsor Spotlight: Inspire Autism
• pg 14-15 : Nonprofit Spotlight: the Conductive Learning Center of North America
• pg 24-26 : Local Events
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There is big news in the special education world due to a recent ruling (March 2023) from the U.S. Supreme Court involving a deaf Michigan child, which reversed a Sixth Circuit decision.
In Perez v. Sturgis Public Schools, (Docket 21-887, 598 U.S. ____ (2023), the nation’s highest Court unanimously held that a federal law containing an exhaustion requirement does not apply to federal claims where the only remedy sought is money damages, even if the claim can be categorized as one for a denial of the child’s right to a Free Appropriate Public Education (FAPE).
This decision means, among other things, that parents can pursue damages claims under the ADA without having to go through a special education administrative due process hearing first.
Children with special needs who qualify for special education services at schools are protected by a variety of federal and state laws, including Michigan Administrative Rules for Special Education (MARSE), Rules 340.1701 et seq. , which mostly mirrors the federal Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §1400 et. seq. (2004), 34 C.F.R. 300, and several other laws, including The Americans with Disabilities Act
(“ADA”), 42 U.S.C. §12101 et seq., and the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. §701 et seq. The parents of special needs children are the primary enforcement mechanisms for these laws by bringing actions against the school districts, inter-locals and educational service agencies. However, unfortunately, there is a shortage of attorneys who represent families of the one in eight Michigan students who qualify for special education and related services and who might need legal counsel.
The purpose of this article is to give general information to attorneys, advocates, schools and parents about the basics of the laws protecting special needs children.
Generally, the school is charged with providing an individualized education for a child with special needs. This means that the child’s unique needs are supposed to be taken into account when the school staff and parents devise the child’s IEP (a multi-page document detailing what the plans are for the child’s education, such as the placement and services that the child will receive).
Federal and state law require that the IEP is to be written in order to be “appropriate” for the child’s needs and confer “meaningful” educational benefit to the child in the “least-restrictive environment.” What constitutes meaningful benefit, what is appropriate for the child, and what is the “leastrestrictive environment” are subject to debate in every case, given that the laws don’t define those words.
Special education laws do not provide for the allocation of the very best
possible educational services, only an appropriate IEP designed to confer meaningful educational benefit. What happens in many cases is that the parents and schools often disagree about what’s appropriate because parents generally want more or better services for their children than the school is able or willing to provide. Most schools do not withhold services or qualified staff just to be contrary. The deficiencies occur primarily because of limited resources, lack of sufficient staff, and lack of staff training.
When the school and parents reach an impasse in the IEP team process as to what constitutes an appropriate education plan for the child, there are several mechanisms available to help resolve these differences. They are complaint investigation, facilitated IEP meeting, mediation and due process hearing.
With a complaint investigation, an individual employed by the Michigan Department of Education (MDE) would gather information from the person filing the complaint (usually the parents) and the school staff about what happened (or didn’t happen but should have), gather documents and issue a decision and corrective action, if the laws were violated. There is no charge for this process. Although the parent can hire an attorney to represent them in this process, no attorney is required. Information about the process to file a complaint in Michigan can be viewed at https/www.michigan.gov/mde/ Services/special-education/spotlight/ state-complaints-procedures-and-
model-forms-and-dispute-resolutionoptions-documents-released
There is no cost to the parent to utilize the MDE complaint process.
With a mediation, the state assigns a mediator for the process, and it works much like mediation in other areas of law. There is no cost to the parent to utilize the MDE mediation process. If the parties instead decide to hire a private mediator, there would be a cost for the mediator’s time. Statistically, most mediations result in a settlement agreement, so mediation is a worthwhile tool in resolving special education disputes.
With a special education due process hearing request, an independent hearing officer is assigned from a rotating list kept by the MDE. This individual would conduct an administrative hearing and issue a decision on whether the child’s substantive or procedural due process rights under the state’s MARSE or the federal IDEA have been violated. There is no cost to the parents for utilizing the due process hearing system.
Parents can hire private counsel to represent them at the hearing at the parents’ own expense. However, if the parent prevails, the IDEA allows the parents to seek reimbursement for attorney fees and costs from the school district. This attorneyfee shifting occurs because special education due process cases are seen as civil rights matters, and payment of the attorney fees for parents is provided in the IDEA.
MARSE special education law mirrors the IDEA, though there are a few differences, which will be the subject of a future article.
Federal and state laws provide that the family can have a decision in hand within 45 days of their request for hearing being submitted to the MDE. However, as a practical matter, more often than not, the process takes a few months to get the decision in hand because it usually requires the coordination of
the schedules of two attorneys and a hearing officer, with the average hearing lasting three to five days.
After the hearing officer renders a decision, either party may appeal that decision to state or federal court.
You can learn more about special education due process hearings at https/www.michigan.gov/-/ media/Project/Websites/mde/ specialeducation/DRO/ DueProcess_Complaint_ Procedurespdf?rev=7bc45fcdfc3348df 9b4514e10d5ed413
There are a variety of reasons that schools and parents reach an impasse about what constitutes an appropriate IEP for the child. Common areas of dispute are:
Savvy parents of children with autism want schools to utilize a type of therapy with the children that has proven scientifically to enable a high number of children with autism to eventually be placed in the mainstream classroom. However, this therapy (usually called Applied Behavior Analysis, Applied Verbal Behavior Therapy or Discreet Trial Training) is expensive to implement because providing such a program requires the use of one-on-one assistance for the child by Registered Behavior Technicians (RBTs) and a Board Certified Behavior Analyst (BCBA) to devise and oversee the implementation of the program. Schools ordinarily don’t have the funds or training to provide this oneon-one therapy, so even though it has been known for decades that this peer-reviewed, scientifically based method of instruction really works, schools don’t offer this option to parents, creating a recipe for impasse.
If a child has behaviors that impede his learning or the learning of others, then the school would need to conduct a functional behavioral assessment (FBA) that takes a data-intensive review and analysis
of what leads up to the behavior (antecedent), what the behavior is and what the consequences are.
Then after the FBA is conducted, a Behavior Intervention Plan (BIP) is written up and incorporated into the child’s IEP. This BIP is designed to help teachers appropriately and consistently handle misbehaviors of the child. The goal of a welldesigned BIP is to extinguish behaviors that interfere with student learning and replace them with appropriate behaviors.
For example, a child with autism, when given something particularly challenging, might bang his head on the table as an avoidance tactic because when does that, the teacher stops what she was doing and comforts him. Although this might be a natural reaction for the teacher, that type of reaction can reinforce the head banging for the child and increase the likelihood he would keep doing it to avoid doing challenging classwork. An FBA and BIP would be warranted to address this type of situation.
Dyslexia is a common problem. Children with dyslexia learn to read differently from their peers and often require different methods and more intensive assistance in learning to read than the typical schools are able and willing to provide. Dyslexia is a learning disability in reading that requires specialized instruction. However, although there are also peer-reviewed, scientifically based methods of instruction that work for students with dyslexia (OrtonGillingham methods), schools typically do not have staff with the credentials and training needed to implement these specialized reading programs. The result is that often students with dyslexia do not learn to read past about the third- or fourth-grade level, which adversely impacts the rest of their academic careers and life choices.
Removal of a special needs child from school for misbehavior is a different proposition than for
a regular education child. A student with a disability may be suspended for up to 10 consecutive school days for misconduct. The school doesn’t have to provide any educational services during the first 10 days of suspension in a school year. The school may suspend a student for up to 10 consecutive school days for each separate incident of misconduct. However, when the number of days of suspension in a school year reaches the 11th day, the school must provide educational services to the student and must convene an IEP team meeting within 10 business days of the 11th day of suspension to develop a plan for an assessment of the student’s behavior and review and/or revise the student’s existing behavior plan.
A student with a disability may be expelled. However, before an expulsion can occur, the school must notify the parent of the decision on the day the decision is made, provide the parents with a copy of their notice of rights, convene an IEP team meeting within 10 school days of the decision to expel the student, and conduct a manifestation determination. This determination means the committee looks at whether the behavior was caused by the child’s disability or whether it was a willful choice not caused by the disability. If the behavior was caused by the child’s disability, then legally that behavior cannot serve as a basis for expulsion. If the behavior was not caused by the child’s disability, then the child may be expelled, but educational services still must be provided to the
child so that he or she can continue to make educational progress. However, parents who disagree with the school’s decision can request an expedited due process hearing. Finally, a child who has not yet been identified by the school as having a disability but who is being suspended for more than 10 days or expelled can invoke the protections of the IDEA if the school knew or should have known that the child had a disability but failed to evaluate the child and failed to provide appropriate educational services.
Although this article is an oversimplification of this fascinating area of law, the hope is that this information will be useful to other attorneys, advocates, schools and parents in regard to special education legal rights and responsibilities.
Anne Marie is a special education teacher, parent, and founder of AMPed Education, AMPed Learning Centers, and most recently, the AMPed Hybrid Academy. AHA is a microschool in Oakland County Michigan serving students of all abilities. One of the only of its kind to have multiple special educators on staff.
Students with special needs are often limited in their options for schools that can support them outside of the public school system. Public schools are eligible to receive funding and other resources under federal IDEA legislation as well as Section 504 of the ADA, and are required to do so, but most private schools are not able to participate. While virtual schools can be a good choice for some, other students thrive with the in-person support they receive at a physical school. Homeschooling is another option, but not every parent is able to take that task on.
Fortunately, there has been an increase in “non-traditional” schools opening. One such format is the microschool. While they can vary widely, microschools are, by definition, very small, allowing teachers to provide the custom support each student needs. With an emphasis on project based learning, small mixed age classes, and personalized instruction, the right microschool
can help a student truly meet their potential. “Neurodiverse children, and others whose learning is impacted by diverse levels of ability, are thriving in microschools in ways many never did in their traditional or even public charter schools.” says Don Soifer, CEO of the National Microschooling Center
Questions to ask when considering whether a microschool is right for your student. What am I looking for in a school for my child? Make a list of what your “ideal” school would include. What’s on it? Why did you choose those things? Which things are the most important to you? Does the staff have training and experience supporting the special needs of my child?
In the state of Michigan, teachers at private schools are NOT required to hold teaching degrees. Check with any schools you are considering to ensure that their teachers are both well trained and experienced facilitating learning for students with diverse needs. If not, is there a special education teacher or consultant on staff? How do they support students when they struggle? What is the school’s educational philosophy?
One of the things that makes them unique, is how much each microschool varies from the next. This means that its important to find out about the
values and methods each school uses. While Project Based Learning (PBL) is common, others employ such learning modalities as Charlotte Mason, Montessori, faith based programs, or are equipped to individualize teaching and learning around understanding the particular needs of individual children.
Does your school provide an inclusive environment for my child to form relationships with other students and staff? Characteristics like mixed age classes, collaborative activities, mastery based learning, and flexible timelines allow experienced staff the ability to support each student’s needs.
What kind of accommodations and supports can you provide my child? Assistive technology? Additional staff or co-teachers? Sensory friendly spaces? Flexible scheduling? What does a typical day and week look like at your school? Does school meet daily, or only part of the week? Are parents responsible for some of the instruction at home? Is this a private school or homeschool cooperative?
Some microschools in Michigan are fully accredited private schools, others are actually a place for students to come and learn, but the ultimate responsibility for their education falls on the parents and they are classified as homeschool students. Decide which one is the right fit for your family so you can make an informed decision.
The Conductive Learning Center of North America (CLC) is a non-profit organization and non-public school located in Grand Rapids, Michigan that supports children and young adults with motor disorders related to premature birth, cerebral palsy, spina bifida, and other brain injury.
CLC utilizes the conductive education method which combines classroom teaching with medical knowledge to help students retrain their brains to achieve physical mobility. Students work in groups to promote comradely and selfconfidence. Within the program, students work towards their optimal physical, cognitive, social/emotional,
communication, and self-care skills through daily task series to improve independence. “The end result of intensive sessions at CLC is nothing short of amazing when students learn to walk independently, feed themselves, tie their shoes, and perform more of the tasks necessary to live independently as adults,” Angela Freier, CLC’s Director of Development, explains.
Moving beyond the classroom, conductive education not only gives students a stronger sense of pride, but also provides families with the tools they need to bring the learning into the home and improve their own dayto-day living. CLC promotes students as active participants in family life, to the best of their ability, introducing them to ways they can accomplish tasks for themselves, bringing balance to the household and removing some pressure from caregivers.
The conductive education method was developed in Budapest, Hungary by Andras Peto in 1950 and his method has gained support in other parts of the world, including here in the United States. As the only organization partnered with the Andras Peto Faculty at Semmelweis University, CLC serves as a conductive education leader in North America, advancing and promoting the impact of conductive education, and each year serving students from all over the United States.
“Many of the initial class of students who attended CLC during its pilot with Aquinas College in 1998 are now working adults or attending college. CLC is proud that West Michigan’s own leading grocer, Meijer, Inc., employs several of these students and has been voted one of the best places to work for individuals with disabilities,” Angela shares.
“If you or someone you know has a child with a motor disability, consider reaching out to the Conductive Learning Center of North America to learn more about the program, why conductive education works, and how it can work for your family. CLC’s programming is tuition based, but several funding sources are available including our Conducting Readiness Program which offers a highly subsidized rate for new families with a child 0-6 years old to trial conductive education for a full 4-week session,” Angela explains.
“Tuition makes up only a portion of the cost of operating CLC’s specialized programs and facility. To make up for the remaining needs of the school, CLC relies on generous individuals and companies to help support its mission through philanthropic giving. You can easily make a gift to CLC by visiting our website.”
http://conductivelearningcenter.org/
The conductive education method was developed in Budapest, Hungary by Andras Peto in 1950 and his method has gained support in other parts of the world, including here in the United States. As the only organization partnered with the Andras Peto Faculty at Semmelweis University, CLC serves as a conductive education leader in North America.
“Faith has always had determination to do new things, but it wasn’t until we came to CLC that we began to see her full potential. She has learned to stand by herself, use her left hand, and walk out the door with help. These were things the doctors told us she would probably never do. CLC has made our hopes and dreams a reality. Faith has become the person she was meant to be – happy, silly, smart, brave, and hopeful.”
MOTHER OF FAITH, FORMER CLC STUDENT
“It is safe to say that I don’t think I’d be able to enjoy doing all the things that I do without having learned so many lessons and skills at CLC. Some of the most important lessons I’ve learned at CLC include the importance of goal setting and planning, strong work ethic, problem solving, creative thinking, and appreciation for diversity of all kinds. I consider myself lucky to have grown up surrounded by the love, kindness, hard work, and joy of those who make up the CLC family. I am extremely grateful that through those lessons and values, CLC has empowered me to live the most independent, optimistic, productive, and happiest life I can.”
SARAH, FORMER CLC STUDENT AND HUMAN RESOURCES EMPLOYEE AT MEIJER, INC.
“We are so incredibly thankful for the CLC and the scholarship support!! We couldn’t currently attend CLC without it and are incredibly grateful! Everly has grown leaps and bounds thanks from the parent child intensive! She loves attending, and it was the very first time she was able to interact with other peers! Having a small, safe environment has allowed her to have fun and communicate with friends. We are so excited for Everly to be at the CLC!”
HAYLEY, MOTHER OF CURRENT CLC STUDENT, EVERLY
When it comes to early intervention therapy for individuals on the autism spectrum, Inspire Autism stands out as a beacon of unwavering support. Their dedicated team is here to provide a range of services for children between the ages of 1 and 6, making a real difference in the lives of these young individuals and their families.
With convenient locations in Novi, Canton, Plymouth, Clarkston, Fenton, and Traverse City, Inspire Autism offers a comprehensive approach to
early intervention. Their services encompass Applied Behavior Analysis (ABA), Speech therapy, Occupational therapy, and Autism Evaluations. By combining these services, they ensure that children receive the best possible support to enhance their developmental progress.
Inspire Autism is driven by a family dynamic that fuels their passion and dedication. In 2020, Payton Boudreau founded Inspire with the vision of creating an early childhood center that goes above and beyond for its children and team members. Soon after, Payton’s husband, James Boudreau, and brother-in-law, Dr. Jordan Boudreau, joined the team, expanding their services to new locations.
Dr. Jordan Boudreau, a key member of the team, completed his doctoral program at Florida Tech, inspiring his brother and sister-inlaw to pursue their Masters’ degrees
at Oakland University in Rochester, MI. All three individuals are Board Certified Behavior Analysts (BCBAs) who share a common goal of providing exceptional services to their clients. What sets Inspire Autism apart is its focus on center-based early intervention services with a specific emphasis on preparing children for the school environment. By fostering a team-oriented atmosphere, they create a positive and supportive environment for both staff and children. This collaborative approach nurtures a sense of collaboration and enhances the overall wellbeing of everyone involved.
Beyond their professional commitments, the team at Inspire Autism finds joy in engaging in activities that rejuvenate their spirits. They seek solace in hiking trails, spending time by the water, and cherishing moments with friends and family. This balance between work
and personal life allows them to bring their best selves to their clients.
Inspire Autism also believes in giving back to the community that has supported them throughout their journey. They actively participate in events organized by various organizations in their communities (e.g., Autism Alliance of Michigan, OU Cares, etc.), and proudly sponsor a T-ball team in Clarkston. By investing in the community, they strive to make a positive impact on the lives of children with autism and contribute to the well-being of the community as a whole.
If you are seeking early intervention services for your child on the autism spectrum, Inspire Autism is here to support you. Contact them today to schedule a consultation and discover the difference their dedicated team can make. Visit their website at www.inspireautism.com to learn more about their services and locations.
Inspire Autism is driven by a family dynamic that fuels their passion and dedication.James
e have four kids Andrew, an RN is 42, Jonathan, an HVAC technician is 40, Katherine, a government employee is 37 and Shannon, our special needs child who is 35. Shannon lives in a home now where she receives consistent, experienced care for all her needs. Judy and Jerry are in a senior community where Shannon visits often. We have a wonderful rat terrier mix dog named Harry whom Shannon also loves. We are now in the Royal Oak area but come from Detroit and New Jersey originally. I also spent time in Warren. I am a graduate of Wayne State University with a B.A. in Sociology and work in sales and marketing. Judy spent time as a nurse. Shannon attended local schools until she aged out at 26, then went on to other specialized care and education. I love Trader Joes Market and we love the local Italian restaurants. Pasta is
the favorite family meal and Shannon’s favorite is macaroni and cheese! Throughout our time raising children, we have experienced many ups and downs. The biggest struggles have been working through the state and federal support systems for special needs individuals. There were many health struggles initially, but as of now, they are in hand. Shannon overcame future predictions medical staff had for her life. Hydrocephaly (excess fluid on her brain) was a significant challenge. Multiple surgeries and doctors were able to digitally render Shannon’s brain to protect her from additional revisions. Seizures caused loss of left side use and therapies helped her regain some movement. Access to doctors and surgeries is the reason Shannon is still with us. Challenges with other children in the midst of medical challenges with Shannon added complications to our lives
but the joy they bring and the bonds with teachers and interventionists make our lives fuller. Even though we struggled with finding doctors who would care for Shannon and better her life, the access we had is what saved her. We adopted Shannon when she was five months old and knew at the time that life would not be simple. Judy, who worked as a nurse, knew there was something wrong with Shannon and fought to ensure she had every opportunity in life.
One of the biggest helps to us was the support we gleaned from our community and organizations that aim
Shannon, dad, Andrew, Paxton and Everett KENDRA ROGERS, MS-EDITOR-IN-CHIEFto help special needs families. ARC is one such organization that helps with all the legal considerations that may arise from parenting special needs children. Consider joining ARC (https/ www.thearcoakland.org/ ) or a similar organization for help and guidance with legal issues like guardianship and bureaucratic roadblocks to success, along with help in locating outside placements if needed. Connect with therapists and teachers. These relationships can last a lifetime. While life with special needs children is challenging, the bright spots bring us joy. Shannon has always brought joy to holidays and birthdays. She is the kindest and most social person you would want to meet. We currently live with senior citizens, and she has provided them with unending happiness with her weekend visits. Shannon is a joyful person who spreads joy to everyone around her! Shannon’s weekend visits are our most treasured tradition.
I write a blog almost every day as a chronicle of my experiences, opinions, and observations of my world. https/ kocsisretires2022.blogspot.com/
We also love to spend time together taking walks and being
outside with Shannon and our grandchildren. Traverse City is a favorite destination and anywhere with suitable accessibility for a wheelchair. We love listening to Jazz, Steely Dan, David Crosby, and the Beatles together. Sometimes, we watch The Bear, Someone Feed Phil, the Rocky and Godfather movies, and The Big Night together, too. During the day, we are blessed to help out at our grandchildren’s schools, too, to be involved in their education and lives.
Some of the most important resources we had access to were ARC of Oakland County and New Gateways. The ARC has been the most help and support to our family. The relationships we built with Shannon’s interventionists and teachers have been our lifeline. New Gateways (https/newgateways.net/) was a helpful and needed resource when Shannon aged out of the school system assistance. Respite care through Lahser House (https/www. judsoncenter.org/blog/uncategorized/ lahser-respite-home-for-children/?gc
lid=Cj0KCQjw756lBhDMARIsAEI0Ag
kjt1aEgWSoHbfRhw7gMXnX0oUsQm
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hfGtL3bAaAk11EALw_wcB) was
another necessary resource. We were confident Shannon was safe and happy with experienced caregivers so we could take a break from the constant parenting. Even though we love Shannon very much and she brings us joy daily, we knew we needed a few hours a month for both her and us to be apart. The relationships she built through Lahser respite have been wonderful, too. Despite the wonderful resources we have had access to, affordable dental care is still missing.
Jerry’s advice to new parents “starting out on this journey is to meet people and connect through conversation, phone conversations, and networking. Share the info you have and reach out when you are stuck or troubled. Building a plan for our daughter for if something were to happen to us suddenly. We needed to ensure that she had the right care in case something happened. Every day is different, and life has many ups and downs. Through all those experiences, we had to remember we are human, and we need connection and support. Even though Shannon did very well and developed typically until about five years of age, she began to decline after that. We were unsure of the future and had to adjust our expectations for her life and ours. She beat the odds, though, and has become a loving, joyful, currently healthy adult. She is wheelchairbound and living with deficits due
to the surgeries and traumas of her youth, but she is one of the most joyful people you could hope to meet.”
We are all different, but we find commonality between each. Our joined history gives us strength. Sharing all the parts of our story, no matter how hard, helps others experiencing difficulty with their children. Our hope is that the community continues to grow and share stories to support one another. We are happy and healthy and hope to bring that to others!
Shannon has always brought joy to holidays and birthdays. She is the kindest and most social person you would want to meet.
“Good communication between parents and the school district is critical in working together to meet the educational needs of students. However, sometimes challenges may need to be addressed with more support. That is where SEMS comes in,” said Cheryl Levine, SEMS’ Program Coordinator, “we received this comment after a recent session, ‘As a district administrator I had
previously tried to problem solve with the family; however, I was not effective. This session helped the family out with clarity and ultimately a mutually agreeable resolution .’”
The value of mediation and facilitation is recognized and supported by the Federal Individuals with Disabilities Education Act (IDEA) and the Michigan Department of Education Office
of Special Education (MDE OSE). Through an MDE OSE grant, SEMS provides facilitation, mediation, and professional development services free of charge. The neutral facilitators and mediators support collaborative conversations to help build a foundation for student achievement. One parent said, “It was nice to have the presence of a neutral party in the room to ensure
the communication was good and everyone had a chance to be heard.”
During the last school year, Michigan enrollment reports showed that there were 199,762 students who received special education supports and services, representing just under 14 percent of the State’s total student body. These services may include therapies such as speech and language, occupational therapy, behavioral interventions, specially designed instruction, and much more. Each student receiving services has an Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) that was developed by the student’s IEP team – which includes their parent(s) or guardian. All these services are decided and delivered according to the Federal IDEA and guided by the Michigan Administrative Rules for Special Education (MARSE). This can be a highly complex, confusing, and emotional process for families and schools and sometimes results in disagreement over what is most right for a student. For example, families and schools might call SEMS for help with:
• Any IEP or IFSP meeting that needs a neutral third party to help navigate complexity.
• A behavior plan is not being implemented as written
• Disagreement over evaluations for services
• A student is being disciplined
• Development of a communication plan for better schoolfamily collaboration.
Mediation is one of the procedural safeguards available to families and students. In mediation, a trained, neutral mediator guides the family and school through a process to help find options and arrive at an agreement. When the agreement is reached, the mediator helps create a written document that is legally binding in any court of competent jurisdiction. The mediator does not take sides or offer legal advice, they assist in negotiation and support collaboration, always focusing on the student.
The IEP team does not take part in mediation. The confidential conversation is limited to a parent, or
student if of age, the superintendent’s designated decision-maker for the district, and others who are pertinent to the topic of the mediation. Families and districts may include attorneys and advocates in mediation to supply advice and advocate for their clients. An advocate left this comment after a mediation, “I’ve been in the presence of SEMS for mediation many times and the mediator is always very professional and knowledgeable.”
Requesting facilitation, mediation or professional development takes one phone call. The intake team will get information and finish the intake process. SEMS contracts with 16 Community Dispute Resolution Program centers throughout Michigan to provide local services. The mediators and facilitators are all trained in special education, mediation, and facilitation and assigned on a random, rotational, or other impartial basis.
“I believe in the collaborative process and its benefits to students by helping teams: Learn more about
the educational process, develop and maintain a positive working relationship with the school team, understand each other’s perspective, keep the focus on positive outcomes for the child, find solutions that are agreeable to all involved, and resolve issues quickly and avoid lengthy investigations or costly court proceedings,” said Levine.
Since 1997, SEMS has helped 1,000s of students through their free services. To learn more or connect with them for help, visit www.mikids1st.org or call 1-833-KIDS1ST.
Mediation is one of the procedural safeguards available to families and students. In mediation, a trained, neutral mediator guides the family and school through a process to help find options and arrive at an agreement.
Due to COVID-19, many museums participating in Museums for All have adjusted their hours and ticket purchasing policies. Before visiting a museum, please call or check their website to see if they are open or require advance registrations. Many museums are offering virtual resources—check your local museum’s website for more information. Through Museums for All, those receiving food assistance (SNAP benefits) can gain free or reduced admission to more than 1,000 museums throughout the United States simply by presenting their EBT card and a photo ID. Check here for participating museums. https/museums4all.org/
MUSEUMS
Abrams Planetarium
Sensory Friendly Show
Third Sunday of every month at 11:30 a.m. and 1:00 pm 755 Science Road, East Lansing, MI, United States
These shows will run with the lights up, the sound down, and the theater doors open so people can move about
as needed. We also provide a place to “chill out” in our lobby. All shows include a live star talk about what is up in the sky that night. We will include a short break between the main show and star talk. Information about what to expect during the show will be provided when you purchase tickets.
Cost: Adults, $5.50, Students and senior citizens, $5.00, Children (age 12 and under), $4.50 Friends of Abrams Planetarium Members, Free Free with Museums For All (with valid EBT, medicaid, or WIC card and photo ID)
Ella Sharp Museum
Sensory Time
Every Saturday at 9:00 am 3225 4th Street, Jackson, Michigan 49203
During Sensory Friendly Hours, the Ella Sharp Museum will open its galleries at 9am, an hour before the museum opens to the public. Families with members who are neurodiverse, autistic, have other sensory processing disorders or cognitive disabilities are welcome to visit the museum for a quieter experience in a more controlled environment.
Designated quiet zones will allow visitors to decompress and experience the museum at their own pace. Prior to each program, families are invited to browse our “pre-visit” materials to help them prepare for their visit including social narratives and maps of our facility. These pre-visit materials are also available to help families plan for visits that take place outside of program hours and a sensory backpack is available at the front desk for use. To provide the most sensory-friendly environment possible, we will limit the capacity for these special times to 50 people. https/ellasharpmuseum.org/ classes-and-events/sensory-time/
SPORTS
Detroit Tigers
Sept. 8, 9, 10, 12, 13, 14, 26, 27, 28, 29, 30
Comerica Park 2100 Woodward Ave, Detroit, MI 48201 https/www.mlb.com/tigers
Detroit City FC
Sept. 2, 9, 23, 27
Keyworth Stadium 3201 Roosevelt St, Hamtramck, MI 48212
https/www.detcityfc.com/
Christia Woodford — Publishing Assistant and Local EventsDetroit Lions
Sept. 17 Seahawks, Sept 24 Falcons
Ford Field, 2000 BRUSH ST, DETROIT, MI 48226
Detroit Zoo
Brick Live! All Summer!
8450 W 10 Mile Rd, Royal Oak, MI 48067
More than 70 unique, dazzling displays of toy brick models – like a 7-foot elk and 12-foot giraffe to a 10-foot gator and a massive mako shark – made of more than two million bricks!
A 3-acre jungle of creativity that sparks curiosity, joy and amazement for guests of all ages!
• “Selfie stations” inside the jungle-themed Jeep or the fascinating Venus flytrap!
• Special activities from The Robot Garage and Zoo Corps (see below for more details)
• One of the best and most fun memory-making events in metro Detroit!
• Get Tickets: https/detroitzoo.org/ events/zoo-events/bricklive/
Run Wild for the Detroit Zoo
Sept. 10, 8:00 am
This year, Run Wild is celebrating the fastest animal at the Detroit Zoo the wildebeest! These close cousins of the antelope can sprint up to 50 miles per hour, ranking them among the world’s fastest land mammals. Not only do wildebeests have speed on their side, but they also are masters of distance. Each year, more than 1.5 million wildebeests complete a 300mile migration loop through Tanzania and Kenya. This annual journey is recognized as one of the seven wonders of the natural world. After you complete your Run Wild 5K or Fun Walk, join us for a day at the Detroit Zoo to meet resident wildebeests Jeffery and Lenny and learn more about what makes them the perfect race mascots.
Start Times Register at https/ runwild.detroitzoo.org/
5K Run
8 a.m.
10 Mile
Road entrance of the Detroit Zoo (USATF sanctioned)
Fun Walk – 8:45-10:15 a.m. – Inside the Detroit Zoo (non-competitive, untimed)
World Gorilla Day
Sept. 24, 11:00 am- 3:00 pm
World Gorilla Day
Sept. 24, 11:00 am-3:00 pm
Sensory Friendly Evenings
As part of our work to create accessible and welcoming spaces for all, the Detroit Zoo will turn down the music and adjust the lights during special evenings this summer.
Starting in June, the Detroit Zoo is hosting three Sensory Friendly Evenings for guests with different sensory needs. Sensory Friendly Evenings will take place from 3 to 7 p.m. on Aug. 30. During these times, the Zoo and its attractions will be open to all visitors, but special accommodations will be in place to ensure the Zoo can be enjoyed by families and individuals of all abilities. What accommodations can I expect during Sensory Friendly Evenings ?
Reduced music volume at gate entry
Reduced volume and adjusted lighting inside the Polk Penguin Conservation Center’s Shackleton experience
Limited effects and adjusted lighting in the 4D Theater
Reduced sound on the BRICKLIVE trail
Altered music on the Carousel
KultureCity sensory bags equipped with noise-canceling headphones, fidget tools and verbal cue cards will be available to guests who may feel overwhelmed by the environment. Guests can check out the bags at Customer Care and the Park Safety Office. Weighted lap pads and strobe glasses are available upon request. A dedicated sensory room is available for those who may need a quieter and more secure space. Included with Zoo admission | Free for members | No event registration required https/detroitzoo.org/events/ zoo-events/sensory-friendly-evenings/
Legoland Discovery Center Michigan
Sensory Friendly Mornings Check the website for upcoming Mornings
4240 Baldwin Rd, Auburn Hills, MI 48326
During Sensory Friendly Mornings , we’ll reduce the lighting, turn off music & disable distracting stimuli for an hour before we open to the general public. This event is perfect for our friends on the autism spectrum. Sensory sensitive adults are welcome to visit during Sensory Friendly Mornings without a child (age 16 or under) in the party until the attraction opens to the general public at 10am. Adults who are not accompanied by a child must exit the attraction upon opening. Groups that are accompanied by a child are welcome to stay past 10am. Tickets are limited and must be purchased online in advance for this special event.
https/www.legolanddiscoverycenter. com/michigan/tickets-passes/
Sealife Michigan
Sensory Friendly Mornings Check the website for upcoming mornings
4316 Baldwin Road, Auburn Hills, MI 48326
During Sensory Friendly Mornings , we’ll reduce the lighting, turn off music & disable distracting stimuli for an hour before we open to the general public. This event is perfect for our friends on the autism spectrum. The aquarium will open to the general public with normal lighting, sound, etc. at 10am, but you’re welcome to stay as long as you like and do not have to leave when the event ends at 10am. Tickets are limited and must be purchased online in advance for this special event. Please check https/www. visitsealife.com/michigan/what-s-inside/ events/sensory-friendly-mornings/
Detroit River International Wildlife Refuge
Sept. 1- Sept. 30 Various Activities scheduled throughout the month 5437 W Jefferson AveTrenton, MI 48183
https/www.fws.gov/refuge/ detroit-river/events?event_date_and_ time=%7B%22from%22:%222023-0615T16:00:00.000Z%22,%22to%22:null %7D&$skip=10
MJR Digital Cinema Sensory-Friendly Film
Check website for movie times
100 East Maple Road, Troy, MI, 48083, United States
https/www.mjrtheatres.com/sensoryfriendly-films?fbclid=IwAR1JnETT4LqVME0tv0TkWPiYH5lckEcSi4ou3EcdA4eyfbqJYLgmReJ00
EVENTS
Day of the Dog: Run, Walk or Jog
1 Mile, 5K, 10K, 13.1, 26.2!
Virtual Race August and September Races can be completed anytime in August or September 2023, even better if it’s August 26th!
Hosted by Freedom Service Dogs. It is a nonprofit organization that enhances the lives of people with disabilities by rescuing dogs and custom-training them for individual client needs. Clients include children, veterans and active duty military, and other adults. Their disabilities include autism, traumatic brain injury, cerebral palsy, spinal cord injuries, muscular dystrophy, multiple sclerosis, and post-traumatic stress disorder. Register for $19.99 at https/www. eventbrite.com/e/2023-dog-day1m-5k-10k-131-262-save-2-tickets598391514127?aff=ebdssbdestsearch
11th Annual Family Days for Children
With Autism - Arts, Beats & Eats 2023!
Sept. 2 & 3, 10:00 am- 2:00 pm 271 South Lafayette Avenue Royal Oak, MI 48067
For tickets and more information https/www.eventbrite.com/e/familydays-for-children-with-autismarts-beats-eats-2023-tickets636642594137?aff=ebdssbdestsearch
Autism in the Park--Parent & Play Meet up!
Sept. 15, 4:00 pm & Sept. 16, 6:00 pm Rotary Park Hiking Trails, 32300 Six Mile Rd, Livonia, MI
Please join us (Parents of The Vend Bros) and mingle with other parents with kiddos on the spectrum (all spectrums of all kinds)!
Let’s vent together, take a break, let the kids play, and just relate! I’m always open to any questions so if you have some, bring them! https/www.thevendbros.com/event-details/ autism-in-the-park-parent-play-meet-up-2
NAMIWalks Michigan
Sept. 16, 8:00 am- 12:30 pm Wayne State University, 630 Merrick St, Detroit, MI 48202
The power of our mission is being felt as never before. The achievement of “Mental Health for All” has never felt this critical yet closer to being realized.
It’s not how far we walk at NAMIWalks Michigan on September 16 at Wayne State University, but how far we’ve come to make our milestones count. With your support and high spirits, we intend to make an unprecedented impact on mental health in our community.
NAMIWalks 2023 represents a powerful chance to leave a significant mark on the local mental health landscape.
Whether you’re a previous participant or a new voice waiting to be heard, we’re pretty sure you’ll find the festivities inspired and inspiring.
This year, changing the world begins at Wayne State University. See you there!
Dogs are welcome at certain NAMIWalks events. Please confirm the local policy before bringing your furry friends out to the event. Register at https/www.namiwalks. org/index.cfmfuseaction=donorDrive. event&eventID=1427
Is there a local event for the special needs community you would like us to promote in an upcoming issue? Email us at SpecialNeedsIndy@n2pub.com.
Both 504 plans and IEPs (Individual Education Programs) help support children with disabilities impacting them at school. It’s not a question of which plan is better, but a question of which plan is most appropriate for each child’s needs. Let’s look at both programs to better understand the differences and types of support provided.
A 504 Plan refers to Section 504 of the Rehabilitation Act of 1973, a Federal Civil Rights Law enacted to provide equitable access to education and learning for children with any disability that interferes with the ability to learn in the general education setting. The disability must impact at least one major life activity, which is defined in the law as “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.”
It is important to note the law also mentions this is not an exhaustive list. Children on a 504 Plan are also legally covered under the ADA (Americans with Disabilities Act).
A 504 Plan includes accommodations, support, or services that help a child access the general education curriculum. Examples of commonly implemented accommodations are extra time to complete assignments or tests, a quiet location to take tests, specific seating in a classroom, repeating instructions, providing prompts to refocus, or taking a break away from the classroom when needed. 504 plans are also appropriate when a
BY MARIA GIANCOTTI, M.ED - STUDENT ADVOCACY MICHIGAN
child has food allergies or other conditions which affect the daily needs of life. Accommodations are determined based on the student’s individual needs, so the options are endless. The accommodations are written into a 504 Plan document which is legally binding. The school has the legal obligation to ensure the accommodations are provided as written. Federal Civil Rights law is violated when accommodations are not provided per the document, and action can be taken to ensure accommodations are used properly.
An IEP is more comprehensive than a 504 Plan and automatically covers a student under Section 504 and the ADA. It is more difficult to qualify for an IEP, but it provides additional federal legal protections under IDEA (Individuals with Disabilities Education Act). The law provides FAPE (Free and Appropriate Public Education) for disabled children and ensures special education and related services at no cost to parents. This administrative law has more clearly written and defined legal obligations of the school and procedural safeguards for parents.
IEP eligibility requires a child to have at least one of thirteen different disabilities including autism, deafblindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury or visual impairment. The disability must also impact their ability to learn and benefit from the general education curriculum and require specialized instruction to progress in school. There is a formal process
of evaluation and determination of eligibility for an IEP that requires a team of qualified professionals like teachers, psychologists, social workers, speech and language pathologists, occupational therapists, administrators, and parents.
Parental consent is required for evaluation and the initiation of an IEP if the student is found eligible.
An IEP will include accommodations just like a 504 plan and may also provide specialized instruction by a special education teacher, one-on-one support, speech therapy, occupational therapy, and behavioral therapy. The services and specialized instruction provided are determined based on the child’s unique needs and are written in a legally binding document. If the IEP is not implemented as written, it potentially violates IDEA, Section 504, and the ADA, which means actions can be taken.
Both 504 Plans and IEPs support students with disabilities. The needs of the child will determine which program is most appropriate. A 504 is a bit easier to qualify for but provides less support. An IEP includes what a student would get in a 504 plan but also includes special education instruction or related services. Both programs have legal protections, but IDEA has more detailed legal language and procedural safeguards for parents.
If you are unsure of which program is best for your child, need help making sure your child has the right support, or struggling with compliance of your child’s 504/IEP, contact me for help! We can work together to get the best support for your child at school!
LOOKING TO CELEBRATE ALL SPECIAL NEEDS INDIVIDUALS
Some accomplishments and milestones take years We want to recognize you/them! Are you or your child celebrating a birthday, milestone, achievement, or accomplishment? We want to recognize you – email us at SpecialNeedsLivingDetroit@ n2pub.com
CALLING ALL 501C3 ORGANIZATIONS THAT
TO GET THE FREE COPY OF SPECIAL NEEDS LIVING DETROIT METRO CLICK OR SCAN: https/form.jotform. com/222635365026049
Would you like to share a story in an upcoming issue of Special Needs Living ? We want to hear from you.
To share a story or to nominate someone else to be in an upcoming issue of Special Needs Living, e-mail your story ideas or nominations to Jamie.McCabe@n2co.com
To view ways to share your story in a future issue & to view the digital version of Special Needs Living Detroit/Metro: Click the link or scan the QR code: https/linktr.ee/snlmichigan
Scan to view past issues of Special Needs Living
Accomplishments/ Achievements/Milestones
SUPPORT THE SPECIAL NEEDS COMMUNITY
Each month we will highlight a nonprofit for free to let the community know more about how they support and impact families and individuals with special needs. Do you run a non-profit or know of one that supports the special needs community?
Fill out your submission or scan the QR code here: www.jotform.com/ build/202466367490157
LET’S GET SOCIAL
To keep up to date with all things happening with Special Needs Living Indy
• Upcoming Events
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• Stories and Highlights
• Ways to be Involved
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FOR ADVERTISING:
Do you run a business that supports the special needs community and is looking to connect, impact or advertise in Special Needs Living magazine? Scan the QR code to set up a time to connect or Email Jamie.McCabe@n2pub.com
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