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The information provided is designed to provide general information in regard to the subject matter covered. As the law is always changing and may vary from state to state the information may not reflect current legal developments. The information provided is not intended to substitute for professional legal services or to create an attorney-client relationship. For legal advice about a specific set of facts, you should consult with an attorney.

I am 18 years old and on the autism spectrum. With the help of curriculum modifications and accommodations provided to me under IDEA and §504 in high school, this June I will graduate with a regular diploma. Right now I am not sure if I want to enroll in a four-year or two year college, start a formal apprentice training program to be an iron worker or just go out and find a full-time job. I am not sure what I am legally required to disclose about my autism, if anything. If I elect not to disclose anything, does that change my legal standing?

Attorney Brower’s Response This response focuses on the legal issues related to disclosure of a person’s autism in post-secondary educational setting (2 or 4- year college), post-graduate university studies or formal job training program. It also addresses the person...

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Twice each week I take my school aged child to ABA therapy during school hours. I now have received a notice from the ISD Truancy Officer demanding I come into the school to “discuss” my child’s absences in what she claims is a violation of the Michigan Compulsory Attendance Law. What should I do?

Attorney Brower’s Response First, any time a school official writes you and threatens some type of legal action the best thing to do is respond immediately. Preferably in writing so you have a record of your response. Responding in writing will also prevent an adverse...

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I have a child with autism. I am trying to understand what Michigan laws exist regarding the use of punishment, positive behavior intervention, restriction and seclusion in controlling my child’s behaviors when attending.

Attorney Brower’s Response: As is often the case, your question requires a response to multiple issues: 1. The use of physical punishment to control behavior. 2. What are Positive Behavior Interventions? 3. What, if any, are the restrictions on using restraint and...

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My child has been diagnosed with autism. His therapist says he needs at least 20 hours of ABA therapy weekly. The cost is estimated at $2,000 a week and our insurance will not cover this. I have applied for Medicaid and the application was denied due to my live-in boyfriend’s income, when added to mine made my child ineligible.

Attorney Brower’s Response: As is often the case, your question requires a response to multiple issues, as follows: 1. ABA services provided by the public schools under IDEA. 2. ABA services provided by private insurance pursuant to recent Michigan law. 3. ABA...

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Our son is diagnosed with Autism Spectrum Disorder and attends a private school designed to help children with learning disorders. He has and has always had an IEP when he was in the public schools through the 4th grade, but as we felt that the public school system was not able to provide the necessary accommodations we enrolled him in a private school that is specifically designed to teach children with learning disabilities. That school is very expensive. While we pay state taxes for the public school system, we receive no benefit and no compensatory support for the cost of the private school that our son requires. Is there any means to petition for state reimbursement funds for the educational dollars they have from our taxes but have not spent on my son? Thank you!

In part your question was answered in an earlier Ask the Attorney response. Therefore, I have taken the liberty of putting your question regarding reimbursement of your expenses for private schooling together with my response to the earlier questions regarding support...

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I have a child with autism. I am trying to understand what Michigan laws exist regarding the use of punishment, positive behavior intervention, restriction and seclusion in controlling my child’s behaviors when attending.

Attorney Brower’s Response: As is often the case, your question requires a response to multiple issues: 1. The use of physical punishment to control behavior. 2. What are Positive Behavior Interventions? 3. What, if any, are the restrictions on using restraint and...

read more

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