Lawsuit alleges Ann Arbor schools failed to provide adequate special education services during the pandemic

ANN ARBOR, MI – Families of four students from Ann Arbor Public Schools filed a lawsuit against the county and Michigan Department of Education claiming they did not provide adequate special education services during the COVID-19 pandemic.

The complaint, filed on Wednesday June 30, calls for a federal judge to certify the lawsuit as a class action lawsuit representing all Michigan students who receive special education services under the Disability Education Act.

The lawsuit, filed on behalf of four AAPS students ages 7, 9, 10, and 12, alleges that AAPS modified a student’s IEP without “significant parent involvement” or prior written notice and did not ensure the student Access to a free and adequate public education on the same level as its non-disabled peers.

The lawsuit was filed against AAPS, MDE and Washtenaw Intermediate School District and also names AAPS Superintendent Jeanice Swift, State Superintendent Michael Rice, former WISD Superintendent Scott Menzel, current WISD Interim Superintendent Naomi Norman, and AAPS Executive Director of Student Intervention & Support Services Marianne Fidischin .

The lawsuit also accuses Rice, Swift, and Norman of extortion by accepting federal funds but not using those funds to provide adequate special education services to students.

Plaintiffs are seeking the court to issue a declaratory judgment that AAPS ‘unilateral change in the way students were taught from personal to virtual violated IDEA procedural guarantees and discriminated against them.

The lawsuit also requires the court to issue a declaratory judgment that the MDE failed to monitor and provide adequate oversight and resources to AAPS and other similarly set up LEAs during the COVID-19 pandemic.

MEA spokesman Martin Ackley said the association will not comment on litigation. AAPS representatives could not be reached to comment.

This story will be updated.

CONTINUE READING:

Ann Arbor teacher says district discriminates against some autistic students

The decline in enrollment results in an estimated $ 9 million loss in revenue for the Ann Arbor schools

Ann Arbor Public Schools is upholding its decision to end school-age childcare