LANSING, Michigan – The state’s Department of Education has announced a proposal to delete language that allows students with disabilities to remain in their existing classroom or specialized program while a state‑level special‑education complaint is investigated. The change, part of a broader overhaul of Michigan’s administrative rules for special education, has ignited opposition from parents, advocates and attorneys who say the safeguard—known as the “stay‑put” provision—protects vulnerable students from sudden placement disruptions.
What the proposal would do
Under current rules, when a parent or guardian files a state‑level complaint, the department may require the student to stay in the same educational setting while it conducts its investigation. The department argues that this provision was designed for formal due‑process hearings, not for the investigative complaint process, and therefore should be removed.
Bob Wheaton, spokesperson for the Michigan Department of Education, told Bridge Michigan that the revision is intended to “properly align language with MDE’s actual authority.” He noted that the stay‑put option has been invoked only once in the 47‑year history of the state complaint system.
Why advocates are alarmed
Critics say eliminating the stay‑put safeguard could leave children with disabilities exposed to abrupt changes in instruction, services and routine—factors that are essential for their academic and emotional stability. Heather Eckner, director of statewide education at the Autism Alliance of Michigan, urged the department to strengthen enforcement of the existing rule rather than discard it.
“You should be looking at how to enforce this, not remove it,” Eckner said. She warned that moving a child out of an established setting while a complaint is under review could waste valuable instructional time and trigger behavioral or emotional regression.
Potential costs to families
The Michigan Parent, Advocate and Attorney Coalition, along with special‑education attorney Jacquelyn Kmetz of Abdnour Weiker, warned that families may be forced into costly litigation to prevent unwanted placement changes. Kmetz estimates that due‑process proceedings can cost families between $30,000 and $40,000, and notes a shortage of attorneys who specialize in special‑education law.
Parent advocate Margo Pierce, whose four adult children are on the autism spectrum, said the loss of the stay‑put option would leave families with few practical alternatives. “If you take away the stay‑put, I don’t know what families would do besides filing due process,” she said, likening the difficulty of reversing a placement change to “trying to put toothpaste back in the tube.”
Broader context
The proposal is one of several rule changes released in September, including a new special‑education endorsement for teachers. The department has received more than 200 public comments in the first six weeks and plans to review feedback from families, educators and advocacy groups before issuing a final decision.
Michigan currently serves roughly 226,800 students in special‑education programs across public schools, private schools and homeschool settings. These students, ranging from birth to age 26, receive services through Individualized Education Programs (IEPs) or Individualized Family Service Plans (IFSPs).
Next steps
The first public listening session on the rule changes is scheduled for November 9 in Saginaw. Advocates hope the session will highlight the importance of preserving the stay‑put safeguard, while the department says it will consider all input before finalizing the rule.
For families and disability advocates, the central question remains whether Michigan will retain an additional layer of protection for students while disputes are investigated, or proceed without it and potentially expose children to disruptive educational changes.
Original reporting: WOWO News/Talk (Fort Wayne) — read the source article.
