The Michigan Department of Education is asking a judge to throw out a lawsuit that claims it didn’t provide special education students with appropriate services during COVID school shutdowns.
A federal civil rights investigation found the state failed to ensure that students who qualified for special education services received them during the pandemic. The investigation also found the state didn’t inform school districts about what services they were obligated to provide during that time, or what make-up services the students were entitled to.
The state denies the investigation’s findings, saying they’re based on “scant” evidence. It also says that a ruling against the Department of Education would put the state on the hook for the decisions of local school districts, and it disputes the enforcement authority of the U.S. Department of Education's Office of Civil Rights in the case.
The state’s move for dismissal is its final pleading in the case. The ultimate ruling will likely have important implications for Michigan students who qualified for special education services during that time — as well as school districts, which may be required to provide them with extra services if the judge rules against the state.
