DPSCD's special education is not in compliance, facing potential loss of funding and lawsuits

   Detroit Public Schools Community District, the state's largest school district, is at risk of losing funding for its special education program due to not following Michigan Department of Education Office of Special Education's requirements. The district has until December 1 to correct violations and submit a

corrective action plan.

          Over 1,000 students are enrolled in DPSCD's Exceptional Student Education program overseeing Special Education services offered in six center-based facilities – Charles R. Drew Transition Center, Essential Skills Transition Program at Diann Banks, Jerry L. White Center, Keidan Special Education Center, Moses Field Center, and Turning Point Academy at Fleming.

     Thousands of students attending regular schools throughout the district are also affected.

 Violations cited include failure to perform or follow Individualized Education Program (IEP)

evaluations, students not being put in their proper placement, and students not receiving specialized services such as physical, speech, and occupational therapy.

     Aliyah Moore, an education activist and parent, has been requesting services listed in her daughter's IEP be provided since the beginning of the school year.  The district is required to comply within 15 days of the request.

     "(My daughter) was feeling overwhelmed, especially with history, note-taking, and math. Her basic accommodation wasn't happening until I sent an email to the head of the ESE department and compliance. Her resource teacher is still not doing what she should, but they have set up a Microsoft Teams meeting with me on Dec.2," she said.

     In the 2023-2024 school year, the district spent $41 million on special education which included $28M taken from the general fund.

     Possible penalties that could be imposed on the district include losing federal funding and facing lawsuits from parents.

    Several lawsuits have already been filed on behalf of parents against the district for abuse and neglect of special education students.

    Spectrum Legal Services, 24100 Southfield Road, Suite 203 in Southfield, MI, is handling the complaints. They have received calls from over 25 families seeking assistance.

     "If the district continues to violate the rights of children with special needs, we will consider filing a class action lawsuit on their behalf," Attorney Michael Fortner, a civil rights attorney, said. "We're the voice for children who are unable to speak. All children deserve the right to an education."

    The Office for Civil Rights (OCR) can also impose sanctions if the district is unable to show that corrective action has been taken.

      "OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings," the DOE notes on its website. DPSCD blames its failure to comply with a personnel shortage.

     "There is a national critical shortage impacting our ability to provide continuous specialized services in select areas to students requiring school-based ancillary support. School districts nationwide report challenges recruiting and hiring support services, including school social workers, school psychologists,

speech and language pathologists, occupational therapists, and physical therapists," Lohren Nzoma, Assistant Superintendent Office of Exceptional Student Education, wrote in a letter initially dated November 17, 2023, and re-communicated on January 25, 2024, to parents. 

     The district has been in non-compliance since Dr. Nikolai Vitti took office as superintendent in 2017.

He says that its failure to comply is due to insufficient funding.

     "Despite increases in Special Education funding, DPSCD will still have to use $28M from the general fund to cover Special Education costs this fiscal year not covered by local, county, state, or federal categorical funds. This translates into a tax on general education students of approximately $620/student," Dr. Vitti wrote in a letter dated September 26, 2023, to Gov. Governor Gretchen Whitmer; Lieutenant Governor Garlin Gilchrist; and other political leaders.

    "Excuses will no longer be tolerated," Fortner said. "The district has had since 2017 to correct the problem, and they're still not in compliance. They fire whistleblowers who speak out, so the abuse and neglect continue. It's past time for the state to stop putting the district in time out and to hit them where it hurts – their pockets. If the money is not being spent on the children, where is it going? Followthe money and it will lead you to the real culprits."

    To join a potential class action lawsuit, parents should call (248) 538-7200.