Group asks federal court to stop MI school districts from canceling in-person school

A  group representing special education students has asked a federal court to block Michigan schools from closing or switching to virtual school. 

The Brain Injury Rights Group filed a motion for a temporary restraining order on Wednesday, after a handful of major districts around the state, including Detroit Public Schools Community District and Ann Arbor Public Schools, abruptly shifted to remote learning. The legal motion singles out Ann Arbor Public Schools, but also names the Michigan Department of Education. 

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School leaders have said they have little choice in shutting down in-person learning, facing staff shortages and increasing coronavirus infection rates. But the group asking the court to block closures claims schools are violating the federal civil rights of students who require special education services. 

"It is inexcusable for school districts to continue to violate the rights of special education students by closing schools," Patrick Donohue, an attorney with the Brain Injury Rights Group, wrote in a news release on Wednesday. 

Donohue in the release also specifically blasts teachers unions and Gov. Gretchen Whitmer for the continued closures.

The motion is a part of a larger lawsuit filed against Ann Arbor Public Schools and the Michigan Department of Education in June, which claims the district and state violated federal disability education laws by switching to virtual school amid the pandemic.

Contact Lily Altavena: laltavena@freepress.com or follow her on Twitter @LilyAlta.