Special Education
Michigan Special Education Attorney for IEP Disputes, MDR Hearings, and Due Process Cases
HELPING PARENTS PROTECT THEIR CHILDREN’S EDUCATIONAL RIGHTS
As the parent of a child with special needs, you are your child’s first and most important advocate. You are the one who ensures their unique needs are identified, understood, and supported. But securing the right educational services often involves complex legal and administrative processes that can be overwhelming for families.
At FBMJ, families work directly with Matthew McCann, who leads the firm’s special education practice and represents parents navigating the Individualized Education Program (IEP) and Manifestation Determination Review (MDR) process as well as legal disputes with school districts.
Matthew brings a unique perspective to this work. In addition to being an experienced attorney, he is also the father of a child with significant special needs. He understands firsthand the challenges parents face when working with school systems and advocating for the support their children need.
This personal experience, combined with legal expertise, allows him to provide both strong advocacy and compassionate guidance for families.
WHY WORK WITH A SPECIAL EDUCATION ATTORNEY?
Special education law can be complicated. Parents must navigate school policies, evaluation processes, and procedural rules to ensure their children receive appropriate services.
A special education attorney in Michigan can help protect your child’s rights and advocate for the services and placement they deserve.
Expert Guidance
Matthew helps families understand their rights under the Individuals with Disabilities Education Act (IDEA) and guides them through the process of securing appropriate services tailored to their child’s needs.
Strategic Advocacy
He works with parents in preparation for and during IEP meetings, mediation sessions, and negotiations with school districts to ensure their child’s best interests remain the priority.
Legal Protection
Matthew helps hold school systems accountable so that a Free Appropriate Public Education (FAPE) is not just a legal requirement on paper, but a reality for your child.
THE IEP PROCESS: YOUR SEAT AT THE TABLE
Before your child’s IEP is finalized, the school district must hold a meeting to determine the services, accommodations, and goals that will be included.
This meeting is not simply a formality. It is your opportunity to ensure the plan truly reflects your child’s educational needs.
Who Attends an IEP Meeting?
The meeting typically includes:
- The parent or guardian
- A representative of the school district
- Members of the student’s educational team
- Teachers and service providers
Parents also have the right to invite individuals who can help advocate for the child.
Individual Parents May Invite
A Special Education Attorney
Having an attorney present can help ensure the school district follows the law and properly considers your child’s needs. Matthew regularly helps parents prepare for and attends IEP meetings to advocate for appropriate services and accommodations.
Private Evaluators or Specialists
Parents may invite outside professionals such as:
- Speech therapists
- Occupational therapists
- Behavioral specialists
- ABA providers
- Neuropsychologists
These professionals often provide valuable information that may support additional services or accommodations.
THE MANIFESTATION DETERMINATION REVIEW (MDR) PROCESS
An MDR occurs when a student with an IEP faces a change of placement (typically a suspension) because of an alleged violation of the school district’s code of conduct.
Federal law requires an MDR to take place within 10 school days of the decision to change the student’s placement.
A change of placement may occur when:
- a student is removed from school for more than 10 consecutive school days, or
- a student experiences multiple removals totaling more than 10 school days during the school year.
The parent and relevant members of the IEP team must participate in the MDR.
Because these decisions can significantly affect a student’s education and disciplinary record, it is important for parents to understand their rights and seek legal guidance when necessary.
Matthew helps parents prepare for and attends MDRs to advocate for appropriate findings and behavioral interventions aligned with the IEP, minimizing disruption to your child’s education.
WHAT TO DO IF YOU DISAGREE WITH AN IEP OR MDR DECISION
Parents have the right to challenge school district decisions if they believe their child’s educational needs are not met.
Matthew represents parents throughout the dispute process and works to resolve issues as early as possible so children do not lose valuable instructional time.
Informal Resolution and Mediation
Often the first step is submitting a formal complaint to the school district and requesting a meeting to discuss the issue.
If the matter is not resolved, the parties may participate in voluntary mediation, allowing both sides to work toward a solution with a neutral mediator.
Filing a Due Process Complaint
If mediation does not resolve the issue, parents may file a Due Process Complaint with the Michigan Office of Administrative Hearings and Rules (MOAHR).
MOAHR assigns an Administrative Law Judge (ALJ) to oversee the case.
Soon after filing, there is another opportunity to resolve the dispute without a full hearing through a resolution session.
The Due Process Hearing
During the hearing, both sides present evidence and testimony. Matthew may:
- present documentation and testimony showing why the IEP is inadequate or the MDR was incorrect
- call expert witnesses to support the child’s needs
- cross-examine school district witnesses
- advocate for appropriate services, placement, or accommodations
Federal Court Appeals
If necessary, a case may be appealed to Federal District Court to enforce a child’s rights under federal law.
REPRESENTING FAMILIES ACROSS MICHIGAN
Matthew represents families in Livonia, Metro Detroit, and throughout Michigan in special education matters.
He assists parents with:
- IEP advocacy and review
- Manifestation Determination Reviews (MDR)
- School discipline and change-of-placement issues
- Special education mediation
- Due process hearings
- Federal appeals involving special education rights
TALK TO A SPECIAL EDUCATION ATTORNEY TODAY
If you believe your child’s school is not providing appropriate educational services, you do not have to navigate the system alone.
Matthew McCann helps parents protect their children’s rights and secure the support they need to succeed.
Contact FBMJ today to schedule a consultation and discuss your child’s educational needs.
