The schools are willing and anxious to stop this now if the Legislature will obey the 1999 Michigan Court of Appeals decision and fund special education programs and services in a constitutional manner. The schools are very actively attempting to have legislation passed this Spring, which will solve this problem. It clearly affects the general education student population. That is because when services are specified for special education students, school districts must apply whatever monies it has available for the costs of the services. That is the nature of the State's mandate.
Schools have no choice under the law to reduce or cut spending for special education services.
Therefore, absent the State paying its share, services are inevitably cut for the general education students to pay for special education services. This occurs in many ways, no one of which may be obviously linked to special education costs. However, they are directly related. This competition for funding monies should clearly not be occurring. Unfortunately, it will continue to occur until the State finally obeys the Michigan Constitution.