LANSING, Mich. (WOWO) — Michigan is considering eliminating a longstanding protection that allows children with disabilities to remain in their current classrooms or specialized education programs while the state investigates certain complaints from their parents. The proposed change has sparked o pposition from special education advocates, parents and attorneys, who warn that removing the protection could leave students vulnerable to sudden educational disruptions and force families into expensive legal proceedings to prevent school districts from changing their children’s placements. The Michigan Department of Education says the so-called “stay put” provision is rarely used and does not properly reflect the department’s legal authority under federal disability law according to Bridge Michigan. Under the current Michigan administrative rules, when a parent or guardian files a state-level special education complaint, the Department of Education has the option of requiring a student to remain in the existing educational placement while an investigation takes place. The department wants to eliminate that language, arguing the protection applies to formal due-process proceedings rather than the state’s investigative complaint process. Michigan Department of Education spokesperson Bob Wheaton told Bridge Michigan that the proposed revision is intended to “properly align language with MDE’s actual authority.” Wheaton said the state complaint process is investigative in nature and is not a qualifying legal filing under federal disability law. He also said the provision has been invoked only once during the 47-year history of Michigan’s state complaint process. The distinction between the two types of complaints is central to the dispute. Parents can file a state complaint for free, triggering an investigation by the Michigan Department of Education’s Office of Special Education. A separate due-process complaint can be filed by parents, school districts or the state. Those cases can proceed to formal hearings before an administrative law judge. Federal law provides a stay-put protection when a due-process complaint is filed. Under the Individuals with Disabilities Education Act, a child generally must remain in the current educational placement while proceedings are pending, unless the parents and school authorities agree to a different arrangement. However, that automatic federal protection does not apply to ordinary state complaints. Michigan’s existing rule gives the department an additional option to maintain a student’s placement during its investigation. Advocates say eliminating that option could have serious consequences, particularly for children who depend on consistent educational environments, specialized services and established routines. Heather Eckner, director of statewide education at the Autism Alliance of Michigan, argues the state should strengthen enforcement of the existing protection rather than remove it. Eckner told Bridge Michigan that moving a child out of an established educational setting while a complaint is being investigated could cost the student valuable instructional time and lead to behavioral or emotional regression. “You should be looking at how to enforce this, not remove it,” Eckner said. The Michigan Parent, Advocate and Attorney Coalition has also formally opposed the proposal, warning that parents could be forced into litigation-like proceedings simply to prevent a school district from changing a child’s placement while a complaint is under review. Special education attorney Jacquelyn Kmetz, with the law firm Abdnour Weiker, estimates that due-process proceedings can cost families between $30,000 and $40,000. Kmetz said the shortage of attorneys specializing in special education makes it difficult for parents to find legal representation, particularly when they cannot afford to pay for it themselves. Filing a federal complaint is another option, but advocates say those proceedings can take years to resolve. The coalition argues that the proposed change would place the greatest burden on families without attorneys, financial resources, flexible work schedules or experience navigating special education law. Margo Pierce, a parent advocate and mother of four adult children on the autism spectrum, says eliminating the state protection could leave parents with few practical alternatives when they disagree with a school district’s decision. Pierce told Bridge Michigan that a placement change could take effect during the period when a parent is trying to challenge it, making it difficult to restore the child’s previous educational arrangement. “If you take away the stay put, I don’t know what families would do besides filing due process,” Pierce said. She compared the difficulty of reversing a placement change after it takes effect to trying to put toothpaste back in the tube. Pierce also said some parents hesitate to file complaints because they fear retaliation from school districts. Toby Ward, a former special education teacher whose 20-year-old son attended special education programs in Kalamazoo, also opposes the proposal. Ward said the existing provision protects both students and parental involvement in decisions involving Individualized Education Programs, commonly known as IEPs. He argues that eliminating the option could allow school districts to make significant placement decisions without adequately considering parents’ objections. The proposed revision is part of a broader package of changes to Michigan’s Administrative Rules for Special Education. Other proposed revisions include establishing a new special education endorsement for teachers. The state released the proposed changes in September and has received more than 200 public comments during the first six weeks of the process. Wheaton said the department will review feedback from families, educators, advocacy organizations and other interested parties before making a final decision. Opponents are also questioning the timing of the proposal. Michigan has recently established a bipartisan special education committee, but advocates say the state has not yet completed its planned statewide community engagement efforts. The first listening session is scheduled for November 9 in Saginaw. The state is also dealing with significant special education staffing shortages and continuing debates over how special education services are funded. The issue affects a substantial population. Michigan reported approximately 226,800 students receiving special education services during the previous school year across public schools, private schools and homeschool settings. The figure includes individuals from birth through age 26 who receive services through an Individualized Education Program or Individualized Family Service Plan. Those plans establish individualized educational goals and identify the services and support students need. For families and disability advocates, the central concern is whether Michigan will eliminate an additional safeguard before determining how parents and students would be protected when disputes arise. The Department of Education has not announced a final decision on the proposed rule change. 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