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- calendar_today November 1, 2026
Proposed Changes to Special Education Rules in Michigan
The Michigan Department of Education (MDE) has proposed revisions to state special education regulations that could remove an existing safeguard for students with disabilities. The change targets the 'stay put' provision, which allows the department to require that a student remain in their current educational setting while a complaint is under state investigation.
The 'Stay Put' Provision and Its Application
The 'stay put' provision has been part of Michigan’s special education rules for decades. Its function is to protect students from being moved out of their current classroom or specialized program during a state complaint investigation. However, according to the MDE, the provision has only been utilized once in the past 47 years, and the department maintains that the language is more applicable to legal proceedings rather than to the department's investigative authority.
MDE spokesperson Bob Wheaton stated the proposed change aims to “properly align language with MDE’s actual authority,” noting that under the federal Individuals with Disabilities Education Act, 'stay put' orders are required during due-process complaints, not state complaints.
Advocates Raise Concerns
Advocacy groups and parent representatives have expressed strong reservations about the proposed elimination of this rule. Heather Eckner, director of statewide education at the Autism Alliance of Michigan, warned that removing this option could disrupt learning and risk “behavioral or emotional regression” for affected students. Eckner and other advocates argue that maintaining the provision serves as an important legal protection for students with disabilities during investigations.
The Michigan Parent, Advocate and Attorney Coalition (MPAAC) also voiced opposition, emphasizing that families without legal resources or expertise could be especially disadvantaged. In a formal letter to the state, the coalition wrote, “Families should not have to initiate litigation-like proceedings simply to prevent potentially serious harm while MDE reviews a complaint.”
State and Federal Complaint Processes Explained
Michigan law allows for two distinct complaint processes:
- State complaint: Free to file, resulting in an investigation by the Office of Special Education.
- Due process complaint: May involve a formal hearing before an administrative law judge and automatically triggers a 'stay put' order under federal law.
Advocates note that pursuing due process can cost between $30,000 to $40,000 and that there is a shortage of special education lawyers in the state. This cost and lack of legal support raise barriers for many families.
Community Response and Public Comment
The proposed changes, which include additional shifts such as a new special education endorsement for teachers, have generated significant response. In just six weeks, the department received more than 200 public comments from families, educators, and advocacy groups. According to Wheaton, the department will review these submissions before any decision is finalized.
Some advocates have questioned the timing of the proposed changes, noting recent leadership changes within the department and the formation of a bipartisan special education committee that has not yet conducted statewide community engagement sessions.
Implications for Michigan’s Special Education Students
There are nearly 227,000 students with special education needs in Michigan, spanning public, private, and homeschool settings. Recent years have seen an increase in state complaints filed, outpacing the enrollment growth in special education. Advocates are concerned that removing the 'stay put' provision could further burden families already navigating a complex system and potentially impact student success.
The Michigan Department of Education will make a decision on the proposed changes following careful consideration of the public commentary received.
Source: bridgemi.com.
