A Michigan school district has denied a mother’s request to observe the classroom time of her dyslexic child, a move she says violates state law.

Troy Public School district officials informed Michele Maleszyk in October that they would not grant her request to observe her second grader’s classroom.

Maleszyk’s child is dyslexic, she told Michigan Capitol Confidential, and she wanted to understand better classroom reading interventions.

The student’s teacher, Karen Bush, denied the request, according to an Oct. 21 email Maleszyk provided to CapCon. “At this time, we will not be scheduling a time for you to come in to observe in the classroom as we accommodated this last year on two different occasions,” Bush said.

Maleszyk, a former teacher, appealed to Troy School District Superintendent Rich Machesky but was again denied. The teacher's responses have been open and transparent, the superintendent wrote in a Nov. 1 email to Maleszyk.

“That said, both Ms. Griffor and I support Ms. Bush’s response and suggest you take her up on her offer to meet directly with you and continue to review your concerns,” Machesky wrote. Kristine Griffor is the assistant superintendent for elementary instruction.

Maleszyk questioned the legality of the district’s decision. Parents can observe their kids’ instructional time, according to Act 451 of the Revised School Code. The law reads in part:

“Be present, to a reasonable degree, and at reasonable times and subject to reasonable restrictions, controls, and limits, to observe instructional activity in a class or course in which the pupil is enrolled and present. As used in this subdivision, ‘instructional activity’ does not include testing.”

Maleszyk told CapCon she was shocked when the district denied her request.

“It’s incredibly disappointing that the district is obstructing meaningful parental participation, particularly when it involves the education of a child with a learning disability."

Maleszyk originally attempted to resolve the problem with her student’s challenges through email. She questioned whether the interventions provided were working for her daughter. She also expressed concerns about the effectiveness of the Leveled Literacy Intervention curriculum used in the classroom to support literacy.

After several email exchanges, Maleszyk wanted to observe the interventions for her child.

The school district has a process to allow parents to observe in the classroom, Superintendent Machesky told CapCon in an email.

“The individual you reference has in fact observed in a classroom – although not with the current teacher,” Machesky wrote. “The building principal is in constant contact with this parent as is her daughter’s teacher. We remain open to providing an opportunity for review of classroom instruction so long as all appropriate guidelines are followed.”

Four years after an audit recommended that the Michigan Department of Education evaluate virtual learning in public schools, it still hasn’t done so, according to the Michigan auditor general. The department says it does not have the authority to do the evaluation.

An August 2020 report from the Office of the Auditor General found three material conditions, or deficiencies, with the Michigan Department of Education.

A follow-up audit, issued in November, concluded that the department had made only partial corrections. It faulted the department for not developing a strategy to evaluate the quality and effectiveness of virtual learning in public schools.

“MDE needs to develop a strategy to evaluate the quality and effectiveness of virtual learning provided by traditional public schools,” the report said. The department said in its February 2021 response that it would take action.

In a recent email to Michigan Capitol Confidential, however, the department took issue with the recommendation.

“This follow-up report and many comments within it reflect a fundamental misunderstanding of MDE’s role, statutory authority, and responsibilities in a state that provides for local control of its public school,” wrote Bob Wheaton, the department’s official spokesperson.

Given the longstanding legislative and public support for local control of schools in the state, Wheaton said, it is extremely difficult to imagine the Legislature agreeing with the need to implement the auditor’s recommendations.

Implementing the auditor's recommendation may require the department to be involved in local public schools, which could require a change in state law, Wheaton said.

“The department also is not provided with funding to do what the auditor general wants to be done, so it does not have the staffing necessary to perform these functions,” Wheaton said.

The auditor general, according to Wheaton, was unable to provide the law that gave MDE the authority to develop a strategy to evaluate its virtual learning for traditional public schools. He said the department is not required to take on that responsibility and it is a duty of the boards of education for local school districts.

The auditor general’s office told CapCon the agency does not have a response to the MDE’s public comment.