Stakes High In Special Education Disputes, With Legal Costs To Match
Utica Schools have spent almost $300,000 defending treatment of one student
Editor's Note: The story has been corrected to note that the mother suing Utica Community Schools has paid for legal representation.
Over a five-year period, Utica Community Schools paid one law firm approximately $295,000 in documented legal fees related to a lawsuit brought by a single mother over how the school district wanted to educate her son, who has autism. That's according to legal invoices obtained through an open records request for documents from Utica public schools.
The mother won a number of court rulings between September 2012 and December 2017, but the school district has appealed those rulings, and the case is now in federal district and appeals courts.
Utica is the state’s second largest school district and is also experiencing financial stress. A December 2017 report characterized it as “on the path to financial disaster.”
The mother’s disagreement with the district began when it allegedly refused to abide by a previously agreed-upon education plan for her son. Instead, it placed him in an educational setting reportedly meant for children with much more severe mental impairments.
Federal law requires public schools to create an education plan for students with disabilities, offering them appropriate services in the least restrictive environment. When parents and school districts disagree about the plan for a specific student, they can either have the case decided by the Michigan Department of Education, or by an administrative law judge.
In the Utica case, the student's mother is paying for legal assistance. Fighting a school district willing to spend nearly $300,000 is a financial drain.
Utica isn’t the only school district willing to spend hundreds of thousands of dollars fighting parents over the education plans of disabled children. Walled Lake’s school district spent nearly $200,000 in legal fees over 18 months (May 2016 to October 2017) defending its decision to put two boys into a classroom for children with cognitive impairments.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Come or Go, Amazon’s HQ Decision Means Little to Michigan Economy
It’s a magnet for agenda-driven interpretation though
Rock Ventures founder and chairman Dan Gilbert made a valid observation in response to Amazon’s decision to exclude Detroit and other Michigan bids from its short list of cities contending for its HQ2 project: “The fact is, nobody outside of Amazon knows exactly all of the factors that went into this complicated decision.”
Yet media voices are happy to tell us exactly what’s needed here to win a project like Amazon. Phil Power at Bridge Magazine says it’s more college preparation. Nancy Kaffer at the Detroit Free Press added more taxpayer-financed transit to the list. Charlie LeDuff at Deadline Detroit says less crime. Others point the finger at a nebulous inability to attract talent, whatever that means. Daniel Howes at The Detroit News agrees and says Detroit’s reputation for “decline and dysfunction” also contributed.
But Gilbert’s point is right: Only those on Amazon’s team really know. So this is weak evidence to support any individual’s favored policy agenda.
Amazon’s choice doesn’t really matter though: Despite all the hype, one company is not enough to change one state’s fortunes, or even those of whatever city lands the project. Sure, it’s a big project, but it’s still tiny compared to the regular ongoing job creation that is a routine part of the dynamic Michigan economy.
Even if Amazon’s pledge to create 50,000 jobs comes true, it would be just 23 percent of the new jobs created in Michigan every three months. And all those new jobs appear with no government officials offering to spend extraordinary amounts of tax dollars to subsidize them.
There are good reasons to want better schools, less crime or a good business climate. How to get them is always worth talking about.
But Amazon’s actions offer little guidance for how to help Michigan thrive. The state’s success does not hang on hype. Business decisions will instead be based on real data. The data is telling a good story right now. It could be better one, no doubt, but things are moving in the right direction already: Jobs are being created and incomes are rising in metro Detroit. With a strong economic backdrop and progress that has been made to improve public policy, this is likely to continue with or without flashy projects like a second Amazon headquarters.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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