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Autism Alliance applauds COPAA amicus brief regarding OCR investigation against the Michigan Department of Education

Autism Alliance applauds COPAA amicus brief regarding OCR investigation against the Michigan Department of Education

Publication date: February 6th, 2025

Read the brief here: https://cdn.ymaws.com/www.copaa.org/resource/resmgr/docs/2025_docs_/copaa.amicus.pdf 

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SOUTHFIELD, Mich. — The Autism Alliance of Michigan (AAoM) applauds the Council of Parent Attorneys and Advocates (COPAA) in filing an amicus brief related to an administrative proceeding the Office for Civil Rights (OCR) is pursuing against the Michigan Department of Education (MDE) for violations against students with disabilities.

In their January 21st Weekly News, COPAA said: 

COPAA files amicus brief in administrative proceeding: Office for Civil Rights v. Michigan Department of Education

COPAA filed an amicus brief in an administrative proceeding, Office for Civil Rights v. Michigan Department of Education, on December 23, 2024. COPAA’s petition to file (pursuant to 34 C.F.R. §101.22)  and participate as amicus curiae was originally filed in July 2024 and granted in November 2024. 

The Office for Civil Rights filed a Compliance proceeding against Michigan Department of Education, pursuant to Section 504, alleging that Michigan Department of Education: 

failed to ensure that Michigan students with disabilities were receiving a free appropriate public education (FAPE) as required by Section 504 during the COVID-19 pandemic. Furthermore, MDE exacerbated and contributed to the harm to students with disabilities caused by the FAPE denials by giving school districts, which it supervised and to which it provided Federal financial assistance, information about the remedies required for FAPE denials that was inconsistent with Section 504’s requirements.

Michigan denies the allegations and filed a Motion to Dismissed based on its position that OCR lacks jurisdiction because the Michigan students have IEPs and are therefore covered under IDEA and OCR does not have enforcement authority. Furthermore, Michigan states that the Michigan DOE does not have supervisory authority over the local school districts’ compliance with Section 504.

COPAA’s amicus brief states that the regulations contain a specific requirement that any applicant for federal financial assistance submit an “assurance” that the program for which federal funding is sought “will be operated in compliance” with Section 504. 29 U.S.C. 794, 45 C.F.R. § 84.5(a). If this “assurance” is broken, the recipient is responsible; and the recipient can then be directed to take remedial action. 45 C.F.R. § 84.6(a). There is no doubt that OCR has the authority and responsibility to investigate and enforce Section 504 implementations and violations in Michigan. This obligation is not negated because students with disabilities have an IEP. Furthermore, Michigan offers no support for their assertion that OCR cannot investigate Michigan for violations of Section 504 if the student also has an IEP. Students with disabilities, and an IEP, do not leave their civil rights at the schoolhouse door. “Other federal statutes also protect the interests of children with disabilities, including Title II of the Americans with Disabilities Act (ADA) and §504 of the Rehabilitation Act.” Fry v. Napoleon Cmty. Sch., 580 U.S. 154, 154, 137 S. Ct. 743, 746 (2017).  Rather, they continue to have Section 504 rights even though they have an IEP. 

COPAA’s legal director, Selene Almazan, wrote the brief with assistance from Ellen Saideman.  The amicus brief can be found here.

About the Autism Alliance of Michigan 

The Autism Alliance of Michigan (AAoM) is a 501(c)(3) organization serving as a trusted ally and partner for thousands of families across the state. AAoM’s mission is to lead efforts to raise expectations and expand opportunities for people connected to autism across their lifespan. The organization’s Education pillar drives initiatives that address systemic barriers to education, focuses on student-centered advocacy, and educates families on related topics – working towards its goal to make Michigan a top 10 state for special education outcomes. For help finding resources, providers and information contact our AAoM Navigators at 877-463-2266 (AAOM) or email at navigator@aaomi.org. More information about AAoM’s Education pillar can be found at www.autismallianceofmichigan.org/education-initiatives.

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