Table of Contents
Chapter 1:  THE LEGAL BASIS FOR SPECIAL EDUCATION
What This Chapter is About	1-1
Advocacy Hints in Chapter 1	1-1
Constitutional Law	1-2
Individuals with Disabilities Education Act (IDEA)	1-3
Section 504 of the Rehabilitation Act	1-3
Americans with Disabilities Act	1-3
Elementary and Secondary Education Act	1-4
Michigan Mandatory Special Education Act (MMSEA)	1-4
Local and District Policies 	1-5
Intermediate School District (ISD) Plans	1-5
Waivers 	1-6
Deviations 	1-6
Understanding Citations 	1-6
Federal Statutes 	1-7
Federal Regulations 	1-7
State Statutes	1-8
State Rules	1-8
Court Cases	1-9
Responsible Agencies	1-9
Federal Agencies	1-9
State Agencies	1-10
Contact Information	1-10



Chapter 2: RECORDS
What This Chapter is About	2-1
Advocacy Hints in Chapter 2	2-1
School Records	2-2
Access by Parent	2-3
Confidentiality	2-4
Consent	2-4
Authorized Access	2-4
Safeguards	2-5
How to Change Records	2-5
Complaints About Records	2-6
Records to Keep	2-7
Appendix 2-1:  Parent’s Notebook 	2-9
Appendix 2-2:  Letter Requesting Review of Records	2-10
Appendix 2-3:  Letter Requesting Records from School	2-11
Appendix 2-4:  Letter Requesting Records When a Meeting is Pending	2-12
Appendix 2-4:  Letter Requesting a Change in Students Records	2-13

Chapter 3:  SPECIAL EDUCATION SERVICES AND SUPPORTS
What This Chapter is About	3-1
Advocacy Hints in Chapter 3	3-1
Free Appropriate Public Education (FAPE)	3-2
Special Education	3-4
Supplementary Aids and Services	3-5
Categorical Special Education Programs	3-7
Specific Requirements for Categorical Programs	3-8
Related Services	3-11
Assistive Technology Devices and Services	3-12
Physical Education	3-13
Transportation	3-13
Behavior Planning and Supports 	3-14
Services and Supports in Charter Schools	3-14
Services and Supports in Alternative Schools 	3-15
Special Education in Juvenile Justice Facilities	3-15
Services and Supports in Nonpublic Schools	3-16
Services and Supports in Home Schools 	3-17
Appendix 3-1: IDEA Related Services—34 CFR 300.34	3-18
Appendix 3-2: U.S. DOE - November 16, 2015 Letter	3-22

Chapter 4:  REFERRAL AND IDENTIFICATION 
What This Chapter is About	4-1
Advocacy Hints in Chapter 4	4-1
Child Find	4-2
Protections for Students Not Yet Identified	4-2
Referral	4-3
Referral in Private Schools	4-4
Referral in Charter Schools 	4-4
Eligibility Under IDEA and State Law	4-4
Eligibility Under Section 504 	4-12
Determining Eligibility	4-13
Appendix 4-1:  Sample Letter Requesting Services	4-14
Appendix 4-2:  Checklist of Eligibility Categories 	4-15


Chapter 5:  EVALUATION AND ASSESSMENT
What This Chapter is About	5-1
Advocacy Hints in Chapter 5	5-1
Legal Requirements for Special Education Evaluations	5-2
When Are Evaluations Required?	5-2
What Must Evaluations Cover?	5-4
How Are Evaluations Conducted?	5-5
Standardized Tests and Assessments	5-5
The Independent Educational Evaluation	5-6
Parents’ Role in the Evaluation	5-7
Appendix 5-1:  Letter Requesting an Evaluation	5-8
Appendix 5-2:  Letter Requesting an Independent Evaluation 	5-9
Appendix 5-3:  Letter Requesting an Independent Evaluation
   Exceeding the School District’s “Reasonable Cost” 	5-10
Appendix 5-4:  Letter Requesting Reevaluation	5-11
Appendix 5-5:  Letter Requesting Additional Testing	5-12

Chapter 6:  THE INDIVIDUALIZED EDUCATION PROGRAM
What This Chapter is About	6-1
Advocacy Hints in Chapter 6	6-2
General Information about the IEP Process 	6-3
Invitation to Attend the IEP Meeting	6-4
The IEP Team Meeting	6-5
The IEP Form	6-6
IEP Timelines	6-7
Basic Background Information	6-7
Present Level of Academic Achievement 
   and Functional Performance (PLAAFP)	6-10
Secondary Transition Considerations	6-11
Goals and Objectives/Benchmarks	6-11
Supplementary Aids and Services	6-13
Assessment — Participation and Provisions	6-14
Special Education Services and Programs	6-15
Notice for Provision of Services and Programs	6-16

Chapter 7:  LEAST RESTRICTIVE ENVIRONMENT (LRE)
What This Chapter is About	7-1
Advocacy Hints in Chapter 7	7-1
Least Restrictive Environment (LRE)	7-1
LRE and the Neighborhood School	7-4
LRE under Section 504	7-4

Chapter 8:  PROBLEM SOLVING AND COMPLAINTS
What This Chapter is About	8-1
Advocacy Hints in Chapter 8	8-2
Informal Problem Solving	8-3
Effective Advocacy Techniques	8-5
Common Informal Problems and Solutions	8-5
Formal Problem Solving 	8-5
Formal State Complaints	8-6
After a State Complaint if Filed	8-7
When a State Complaint Allegation is Substantiated	8-8
When a State Complaint Allegation is Not Substantiated	8-9
Tips on Filing an Effective State Complaint	8-9
Federal Complaints 	8-10
Due Process Hearing and Appeals	8-10
When to Request a Hearing	8-11
How to Request a Hearing 	8-11
Due Process Hearing Rights	8-14
Placement During the Hearing Process	8-15
Termination of the Hearing Process	8-15
The Hearing Decision 	8-16
Appealing the Administrative Law Judge’s Decision	8-16
Attorney’s Fees 	8-16
Mediation	8-17
Appendix 8-1:  Common Problems and Solutions	8-19
Appendix 8-2:  Sample Complaint Letter	8-22
Appendix 8-3:  Section 504 Letter of Complaint	8-26
Appendix 8-4:  Follow Up Letter to OCR 	8-28
Appendix 8-5:  U.S DOE: Dispute Resolution Procedures
   Memorandum	8-29

Chapter 9:  INFANT, TODDLER, AND PRESCHOOL PROGRAMS
What This Chapter is About 	9-1
Advocacy Hints in Chapter 9 	9-1
Early Intervention or “Early On” Services 	9-2
Individualized Family Service Plan (IFSP)	9-4
Lead Agency 	9-6
Transition to Special Education Services	9-6
Preschool Services	9-7
Least Restrictive Environment 	9-7
Procedural Safeguards	9-8
Chapter 10: TRANSITION
What This Chapter is About 	10-1
Advocacy Hints in Chapter 10 	10-1
Transition Services for Students with Disabilities 	10-2
Special Education and Vocational Education 	10-2
Rehabilitation Counseling Services 	10-3
Vocational Evaluations	10-3
Transition Services	10-4
Transition and General Education	10-5
The Workforce Innovation and Opportunity Act 	10-7
Transfer of Rights	10-8
Appendix 10-1:  Community Mental Health Services 	10-9
Appendix 10-2:  Vocational Rehabilitation Services	10-10
Appendix 10-3: The Workforce Innovation and Opportunity Act	10-11

Chapter 11:  SUSPENSION AND EXPULSION
What This Chapter is About 	11-1
Advocacy Hints in Chapter 11 	11-1
School’s Power to Suspend or Expel Students	11-3
Due Process for All Students	11-5
Due Process Protections for Students with Disabilities	11-7
The Manifestation Review 	11-10
Challenging the Manifestation Review 	11-13
Students Not Yet Identified as Students with Disabilities	11-15
Right to Post-Expulsion Services 	11-16
The Role of Family Court	11-17
Preventing Behavior Problems Before They Occur	11-18
Appendix 11-1: Letter to Court Requesting Dismissal of
   Criminal Case Against Student	11-19
Appendix 11-2: U.S. DOE - IDEA Guidance	11-20
Appendix 11-3: Resources on Positive Behavioral
   Interventions and Supports	11-35

Chapter 12:  SECTION 504
What This Chapter is About 	12-1
Advocacy Hints in Chapter 12 	12-1
Section 504	12-2
Eligibility Under Section 504	12-2
How to Apply for and Get Section 504 Services 	12-4
Problem Solving	12-6
Similarities to IDEA 	12-7
Differences Between Section 504 and IDEA 	12-7
Appendix 12-1:  Section 504 Regulations Related to
   Education for Children with Disabilities	12-9
Appendix 12-2:  Frequently Asked Questions about
   Section 504 and Education	12-14

Chapter 13:  PROTECTION AGAINST DISABILITY-BASED 
HARASSMENT, SECLUSION, AND RESTRAINT
What This Chapter is About 	13-1
Advocacy Hints in Chapter 13 	13-1
Who is Responsible? 	13-1
How Do I File a Complaint?	13-1
What are the State of Michigan Policies? 	13-2
What the Law Says About Harassment	13-2
Anti-Discrimination Statutes	13-2
Harassment and the 2004 IDEA Amendments	13-3
How to Address Disability-Based Harassment	13-4
Policies on Bullying 	13-5
Seclusion, Restraint, and Aversive Interventions 	13-6
Appendix 13-1:  Joint OCR/OSERS Letter	13-8
Appendix 13-2:  U.S. DOE - OSERS 2013 Letter	13-13
Appendix 13-3:  U.S. DOE - OCR 2014 Letter 	13-17
Appendix 13-4:  MDOE Policies on Bullying	13-28

Glossary of Abbreviations and Terms	A-1