Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Michigan: What Parents Need to Know

Q: Where can Michigan families get free advocacy help?

Michigan Alliance for Families is the state's Parent Training and Information (PTI) center. Michigan Protection and Advocacy Service (MPAS) is the state's P&A organization and provides legal services in special education cases.

Michigan has its own special education law alongside IDEA. Here's what the timelines look like, how to dispute decisions, and where to get help.

Meghan Moore, BCBA, M.A. Special Education

Michigan Special Education Overview

Special education in Michigan is governed by both federal IDEA and the Michigan Special Education Act, Part 30 of the Revised School Code (MCL 380.1701 et seq.), along with Administrative Rules for Special Education. The Michigan Department of Education (MDE) Office of Special Education oversees compliance.

Michigan's rules often go beyond IDEA's minimum requirements, particularly in evaluation timelines. Knowing the state-specific rules can be important because they may provide stronger protections than the federal baseline.

Evaluation Timelines

Michigan's evaluation timeline is faster than federal law. Michigan must complete the initial special education evaluation within 30 school days of receiving written parental consent. This is compared to IDEA's 60-day standard. After the evaluation is complete, an IEP must be developed and services must begin within an additional 30 school days.

IEP Development and Review

Michigan calls the team that develops and reviews the IEP the "Individualized Educational Program Team" (IEPT). The IEPT must review the IEP at least annually. Reevaluations must occur at least every three years unless both the parent and school agree that reevaluation is unnecessary.

Intermediate School Districts (ISDs)

Michigan uses Intermediate School Districts (ISDs) as an additional layer of administration between individual districts and the state. ISDs often provide specialized programs and services for students with more intensive needs. If your local school district cannot provide appropriate services, the ISD may be the provider. Ask your district whether the student's program is delivered through the local district, the ISD, or both.

Dispute Resolution in Michigan

State Complaints

State complaints are filed with the Michigan Department of Education, Office of Special Education. MDE must investigate and issue a decision within 60 calendar days. You can file a state complaint for violations of IDEA or Michigan's special education rules.

Contact: MDE Office of Special Education
Phone: 517-373-0923
Website: michigan.gov/mde/services/special-ed

Mediation

Michigan offers voluntary mediation at no cost to parents. Mediation sessions are conducted by qualified mediators and any agreement reached is legally binding.

Due Process

Either parent or school district can file for a due process hearing. Michigan uses an independent hearing officer system. After filing, there is a 30-day resolution period. If not resolved, the hearing proceeds and a decision must be issued within 45 days after the resolution period ends.

Michigan-Specific Resources

Michigan Alliance for Families

Michigan Alliance for Families is the state's federally funded Parent Training and Information (PTI) center. They provide free information, training, and one-on-one support to families of children with disabilities.

Website: michiganallianceforfamilies.org
Phone: 800-552-4821

Michigan Protection and Advocacy Service (MPAS)

MPAS is Michigan's Protection and Advocacy organization and provides legal services to people with disabilities, including in special education disputes.

Website: mpas.org
Phone: 800-288-5923

Key Things to Know in Michigan

Michigan's evaluation timeline is 30 school days (faster than IDEA's 60 days)
IEPs must be developed and services started within 30 school days after the evaluation
ISDs may be the primary service provider for students with more intensive needs
State complaints go to MDE's Office of Special Education
Michigan Alliance for Families offers free advocacy support
MPAS provides legal services for special education cases

Frequently Asked Questions

How long does Michigan have to evaluate my child for special education?

Michigan must complete the initial evaluation within 30 school days of receiving written parental consent, faster than IDEA's 60-day standard. After the evaluation, an IEP must be developed and services begun within another 30 school days.

What is Michigan's special education law?

Michigan's special education system is governed by the Michigan Special Education Act, Part 30 of the Revised School Code, along with Administrative Rules for Special Education. These rules generally meet or exceed IDEA's requirements.

Where do I file a special education complaint in Michigan?

State complaints are filed with the Michigan Department of Education, Office of Special Education. MDE must investigate and respond within 60 calendar days.

Where can Michigan families get free advocacy help?

Michigan Alliance for Families is the state's PTI center and provides free advocacy support. Michigan Protection and Advocacy Service provides legal services in special education cases.