DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SPECIAL EDUCATION PROGRAMS AND SERVICES

Filed with the secretary of state on

These rules take This rule takes effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By the authority of the superintendent of public instruction under sections 1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703, and Executive Reorganization Order No. 1996-7, MCL 388.994)

R 340.1746 of the Michigan Administrative Code is amended, as follows:

 
R 340.1746  Homebound and hospitalized services.
  Rule 46. The following homebound and hospitalized services are required: (1)(a) Homebound A district or intermediate district shall provide homebound and hospitalized services shall  be  initiated  within   15    school    days after verification, by a licensed physician, of a  medical  impairment  which 
requires the eligible special education student to  be  confined    to    the home.  Such verification  shall  indicate  the  anticipated  duration of the   required confinement to a student with a disability in accordance with section 109 of the state school aid act of 1979, 1979 PA 94, MCL 388.1709, and the individuals with disabilities education act, 20 USC 1400 to 1482.
  (b) Hospital   service   shall   be   provided   for    eligible    special education students who cannot attend school because of hospitalization for  a physical or medical impairment. These services  shall  be   initiated   when determined medically feasible.
(2)(c) A district or intermediate district shall not assign more than 12 students at any 1 time to a special education teacher employed for homebound or hospitalhospitalized services, or for a combination of these services, shall be assigned not more than 12 students at any 1 time.
 (3)(d) Students A student with a disability receiving homebound or hospitalhospitalized services shall receive a minimum of 2 nonconsecutive hours of instruction per week. Related services personnel may supplement, but not substitute for, the teacher's instruction.
  (e) The district in which the hospital is located shall   make    homebound and hospital  services  available  to  eligible  students.  If  the  student is hospitalized outside of the district  of  residence,  the   district   of residence is responsible for delivering services or for contracting with  the operating district and making payment for the services.
 (4)(f) Homebound and hospitalized services shall are not a be substitutedsubstitute for special education programs and services. Instead, the serviceThe provider of homebound and hospitalized services shall endeavor, to the extent appropriate, to present provide curricular experiences which are being providedthat the district or intermediate district provides in the program where the student is currently enrolled.

(5) For purposes of this rule, “district” and “intermediate district” mean those terms as defined in sections 3 and 5 of the state school aid act of 1979, 1979 PA 94, MCL 388.1603 and 388.1605.