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.