DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SPECIAL EDUCATION PROGRAMS AND SERVICES

Filed with the secretary of state on

These rules become effective immediately after 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 authority conferred on the superintendent of public instruction by 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 340.1721b and R 340.1723c of the Michigan Administrative Code are amended, as follows:

R 340.1721b  Time lines Public agency responsibilities and timelines.

  Rule 21b. (1) Within 10 school days of receipt of a written request for any evaluationWhen a written request for an evaluation is made for a student attending a public school, all of the following apply:

   (a) Within 10 school days of receipt of the written request, the public agency shall provide the parent with written notice consistent with 34 CFR § 300.503 and shall request written parental consent to evaluate. The time from receipt of parental consent for an evaluation to the notice of an offer of a free appropriate public education or the determination of ineligibility shall must not be more than 30 school days. This time line timeline begins upon receipt of the signed parental consent by the public agency requesting the consent. ThisThe parent and the public agency may agree to extend this timeline time line may be extended if agreed to by the parent and public agency. Any extension to this time line shall must be both of the following:

(i)(a) In writing.

(ii)(b) Measured in school days.

(b)(2) The parent shall has 10 school days after receipt of the notice of an initial offer of a free appropriate public education to provide the public agency with written parental consent to provide initial special education programs and services within 10 school days of receipt of the notice of an initial offer of a free appropriate public education.

(c)(3) Within 7 school days from of the date of the individualized education program team meeting, the public agency shall provide the parent with the notice of an offer of a free appropriate public education or determination of ineligibility. The public agency shall document the mode and date of delivery of the notice. The notice shall must identify where the programs and services are to be provided and when the individualized education program begins is to begin.

(d)(4) Unless a parent has filed an appeal a due process complaint to request a hearing under R 340.1724f, the public agency, as defined under in 34 CFR § 300. 33 300.33, shall initiate a proposed special education individualized education program as soon as possible and not more than 15 school days after the parent’s receipt of written notification under R 340.1721b(3)subdivision (c) of this subrule, or not more than 15 school days after receipt of written parental consent under R 340.1721b(2)subdivision (b) of this subrule. The parties may agree to a later initiation date if the individualized education program clearly identifies the later date. is clearly identified in the individualized education program.  An A later initiation date later than 15 school days shall must not be used to deny or delay programs or services because they are unavailable and shall must not be used for purposes of administrative convenience.

(e)(5) For students a student with an individualized education program in effect at a previous public agency who transfer transfers to a different public agencies within agency during the same school year, the new public agency shall immediately provide a free appropriate public education. A decision regarding implementation of an individualized education program in accordance with 34 CFR § 300.323 shallmust be made within 30 school days of enrollment.

(2) When a written request for an initial evaluation is made for a student who is parentally placed in a private school, the public agency shall do all of the following:

   (a) Within 10 school days of receipt of the written request, provide written notice consistent with 34 CFR 300.503 and request written parental consent to evaluate, when appropriate.

   (b) Within 30 school days of the receipt of written parental consent for an evaluation, determine eligibility and provide notice consistent with 34 CFR 300.503. The parent and the public agency may agree to extend this timeline. Any extension must be both of the following:

    (i) In writing.

    (ii) Measured in school days.

   (c) Comply with the requirements of 34 CFR 300.130 to 300.147.

R 340.1723c  Right to independent educational evaluation.
  Rule 23c. (1) Each public agency shall provide parents with information about independent educational evaluations at public expense. The information must include all of the following:
   (a) Criteria regarding credentials for qualified examiners.
   (b) Suggested sources and locations.
   (c) Procedures for reimbursement.
   (d) Reasonable expected costs.
   (e) Notification that the parent is not restricted to choosing from sources suggested by the public agency.
  (2) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency. A parent is entitled to only 1 independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees. The parent shall submit the parent's disagreement and request in written, signed, and dated form.  However 
 (3) When a parent requests an independent educational evaluation at public expense, the public agency shall, without unnecessary delay, either provide an independent educational evaluation at public expense or may initiate a hearing under R 340.1724f to show that its evaluation is appropriate.
 (4) The public agency shall respond, in writing, to the a request for an independent educational evaluation under this rule within 7 calendar days of its receipt by indicating the public agency's intention to honor the request or to initiate the hearing procedure under R 340.1724f. If there is a hearing under R 340.1724f and the hearing officer determines that the evaluation is appropriate, then the parent still has retains the right to an independent educational evaluation, but not at public expense.
 (5)(3) The public agency shall disclose to the parent, before evaluation, whether the examiner who was contracted to provide an independent educational evaluation provides services to the public agency that are in addition to the independent educational evaluation.
 (6)(4) Unless agreeable to the parent, an examiner or examiners who otherwise or regularly contract with the public agency to provide services shall not conduct an independent educational evaluation.