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)(6) 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
conferred on the superintendent of public instruction under 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, R 340.1723c, and R 340.1733 of the Michigan Administrative Code are amended, as follows:
R 340.1721b Time linesPublic
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
on receipt of the signed parental consent by the public agency
requesting the consent. This time line may be extended if agreed to by the The
parent and the public agency may agree to extend this timeline.
Any extension to this time line shall be must comply with both
of the following:
(i)(a) InBe
in writing.
(ii)(b) MeasuredBe
measured in school days.
(b)(2) The
parent has 10 school days after receipt of the notice of an initial offer of
a free appropriate public education to shall 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 shallmust identify
where the programs and services are to will be provided and when
the individualized education program begins will 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. 33300.33, shall initiate a proposed special education
individualized education program as soon as possible and not more than within
15 school days after of the parent’s receipt of written
notification under R 340.1721b(3)subdivision (c) of this subrule,
or not more than within 15 school days after of 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
later date is clearly identified in the individualized education program clearly
identifies the later date. 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 effective
at a previous public agency who transfer public agencies within transfers
to a different public 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 434 CFR § 300.323 shall must 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 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 comply with both of the following:
(i) Be in writing.
(ii) Be 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, with written notice consistent with 34 CFR
300.503 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 contracts with the public agency to provide
services shall not conduct an independent educational evaluation.
R 340.1733 Program and service requirements.
Rule 33. An intermediate school
district, local school district, public school academy, and any other agency
shall adhere to comply with all of the following general
requirements for all programs and services for students with disabilities:
(a) Special education
classrooms or areas where related services are provided shall must have
at least the same average number of square feet per student, and the
same light, ventilation, and heat conditions as provided for general
education students in the school district.
(b) Programs for students with
severe cognitive impairment and severe multiple impairments which that
have students under 16 years of age shall must not exceed a
6-year age span at any 1 time.
(c) All other special education
programs which that have students under 16 years of age and which
are operated in separate facilities shall must not exceed a
4-year age span at any 1 time.
(d) The age span for students
who are assigned to special education programs, except for programs for
students with severe cognitive impairment and severe multiple impairments,
operated in elementary buildings attended by children who are nondisabled, shall
must not exceed, at any 1 time, a 6-year age span or the age span
of the students who are nondisabled in the building, whichever is less.
(e) The age span for students
who are assigned to special education programs, except for programs for
students with severe cognitive impairment and severe multiple impairments,
operated in secondary buildings attended by students who are nondisabled, shall
must not exceed, at any 1 time, the age span of the students who are
nondisabled in the building, except in high school buildings where students up
to 26 years of age may be served. As used in this subdivision, The term
"nondisabled" shall does not include persons
participating in adult education programs.
(f) Programs for students with
severe cognitive impairment, severe multiple impairments, and moderate
cognitive impairment shall must comply with subdivisions (b),
(c), (d), and (e) of this rule unless a program is operated in accordance with
an approved intermediate school district plan where, due to the low incidence
of eligible students, expanded age ranges may be necessary for programmatic
feasibility and meeting the needs of students.
(g) Students with disabilities
qualifying for special education programs and services shall be provided
with supplies and equipment at least equal to those provided to other students
in general education programs, in addition to those supplies and equipment
necessary to implement a student's the students’ individualized
education program programs.
(h) Intermediate school
districts, local school districts, public school academies, or a combination of
such these agencies in cooperation with public and private
entities, shall provide or contract for the provision of transition services.
Special education teachers shall be assigned to supervise such these services.
Professional special education personnel, a transition coordinator, or both,
shall coordinate transition services.
(i) For worksite-based
learning, there must be a written agreement/plan agreement
is required and shall be signed by the student, parent, school representative,
and worksite representative that includes. The agreement shall set
forth all of the following information:
(i) Expectations and standards of attainment.
(ii) Job activities.
(iii) Time and duration of the program.
(iv) Wages to be paid to the student, if applicable.
(v) Related instruction, if applicable.
(vi) The
superintendent of the school district shall designate The name of a
staff member designated by the superintendent or chief administrator of the
public agency to visit the student's worksite at least once every 30
calendar days for the duration of the program to check attendance and student
progress and assess the placement in terms of health, safety, and welfare of
the student.
(j) Substitute instructional
aides specified in When an assigned instructional aide or teacher aide
required by R 340.1738, R 340.1739, and or R 340.1748 is
absent, an instructional aide or teacher aide, as appropriate, shall be
provided when assigned instructional aides are absent. In addition, teacher
aides specified in R 340.1739 and when an assigned aide required by R
340.1740 is absent, an appropriate aide shall be provided when
assigned teacher aides are absent.