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State Children's Psychiatric Hospital Under Scrutiny for Individuals with Disabilities Education Act (IDEA) Violations

Michigan Protection & Advocacy Service, Inc. (MPAS) monitors facilities housing children with disabilities as part of its legal mandate.  One of our roles when monitoring is to ensure that children with disabilities are receiving appropriate special education supports.

The state children's psychiatric hospital is operated by the Michigan Department of Community Health (MDCH). Children in this facility have significant difficulties, are among the hardest to serve and range in age from 6-19 years-old.

In providing services to children with disabilities, the facility is obligated to identify, evaluate, and provide a Free Appropriate Public Education (FAPE) under IDEA 34 CFR § 300.101.

During our monitoring visits at the hospital we have seen repeated patterns of IDEA violations in the school. In February of 2013 educational records for students at the facility were requested.

In March of 2013, after reviewing the records, MPAS filed a complaint with  the Michigan Department of Education against Michigan Department of Community Health/the facility alleging the following violations:

 

  • Failure to provide students with full and individual evaluations and reevaluations including functional behavior assessments (FBA).

 

  • Failure to provide FAPE for eligible students with disabilities.

 

  • Failure to appropriately use homebound and hospitalization instruction.

 

  • Failure to follow disciplinary procedures.

 

  • Failure to document student removal from instruction.

 

  • Failure to provide behavior support plans (BSP) for students with disabilities.

 

Following an investigation, the Michigan Department of Education found the above allegations to be true.  The state hospital must now follow the corrective action plan outlined by the Office of Special Education and provide proof of compliance.

MPAS continues to monitor this state children's psychiatric hospital, file education complaints, and investigate the use of restraint and seclusion on children residing at the facility.

 

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Announcement Details

Posted on:
August 21, 2013