MICHIGAN DEPARTMENT OF EDUCATION

                        OFFICE OF SCHOOL IMPROVEMENT

                          BOARDING SCHOOL LICENSES

(By authority conferred on the state board of education by  section  1335  of 
1976 PA 451, section 1015 of 1964 PA 287, MCL 380.1335 and MCL 388.1015).


R 340.481   Licenses.
  Rule 1. (1) The superintendent of public instruction shall  issue  licenses 
for boarding schools.
  (2)   Upon  receipt  of  an  application,  the  superintendent  of   public 
instruction may issue an annual license to operate a boarding school  for   a 
license  year beginning September 1 of the year  of  application  and  ending 
August 31 of  the following year.
  (3)  A regular license shall be issued to a boarding school that meets  all 
of the requirements for licensing.  Newly licensed  boarding  schools   shall 
be issued a provisional license for its first  school    year.    Thereafter, 
based upon an on-site review, the boarding school shall be issued  either   a 
regular or conditional license.
  (4)  A conditional license  shall  be  issued  when  a  currently  licensed 
boarding school does not meet all of the requirements for a regular license.
  (5)  A  boarding  school  shall  not  begin  initial  operation   with    a 
conditional license.
  (6)  A  boarding  school  shall  not  be  issued  a   second    consecutive 
conditional license if the cause of the first  conditional  license  has  not 
been rectified.
A boarding school shall not be issued a third conditional license.
  (7)  The license issued shall be displayed in  a  conspicuous   place    in 
the boarding school.
  (8)  The past license status of any  boarding  school  shall    not    have 
bearing upon licenses issued under these rules.

  History:  1979 AC; 2005 AACS.


R 340.482   Rescinded.

  History:  1979 AC; 2005 AACS.


R 340.483   Health, safety, and child care.
  Rule 3. (1) The health, safety and child care facilities and  services   of 
a boarding school, as a  requisite  for  licensing,  shall  meet   all    the 
following requirements:
  (a)  The standards of health shall be those established by   the   director 
of the department of community health for child   care    institutions    and 
health  regulations  established  by   local   government   agencies   having 
jurisdiction over the locale of the boarding school in  accordance  with  the 
requirements of 1973 PA 116, MCL 722.111.
  (b)  A boarding school shall provide medical or psychological  services  as 
may be needed by the enrolled students and as  are  normally   provided   for 
like student bodies by public schools.  However, the  boarding  school  shall 
provide for, at all times, adequate emergency medical services.
  (c)  The construction and operation of all buildings shall  be  subject  to 
1937 PA 306, MCL 388.851 et seq. and 1972 PA 230, MCL 125.1501 et seq.
  (d)  Upon an offer of  initial  employment  to  an  individual   for    any 
position, the boarding school shall request from  the  department  of   state 
police  a criminal history check  and  criminal  records  check  through  the 
federal  bureau of investigation in the same manner as required  by  sections 
1230 and 1230a of 1976 PA 451, MCL 380.1320 and 380.1230a.

  History:  1979 AC; 2005 AACS.


R 340.484   Educational requirements.
  Rule 4. The educational program of a boarding  school,  as   a    requisite 
for licensing, shall meet 1 of the following requirements:
  (a)  A  boarding  school  shall  be  fully  accredited  by    a    national 
association recognized by the department of education that include,  but  are 
not  limited to the following:
  (i)   North Central Association.
  (iii)  National  Association  of  Independent   Schools,   including    the 
Independent Schools Association of the Central States.
  (b)  A  boarding  school  that  is  not  fully  accredited  by  a  national 
association recognized by the department of education shall meet all  of  the 
following:
  (i)  The educational program of a boarding school shall    be    consistent 
with state standards for content, teaching, and learning.  The  appraisal  of
 the educational program shall be  made  by  professional  staff  members  of
 the department  of  education  or  by  other  professional   educators   as
 the superintendent of public instruction may designate.   Appraisal  of  the 
program shall include factors such as the broad curriculum goals, courses  of
 study,  course   content,    instructional    materials,    and      library 
resources.    In determining comparability, recognition may be given  to  the 
special  purpose, function, or objectives of the boarding school.
  (ii)  A boarding school providing educational programs  for   students   in 
those areas recognized in the public school as  areas  of  special  education 
shall  be licensed on the same basis as public school programs  are  approved
 for  the collection of  special  educational  funds  as   are   administered 
under  the existing statute.  When a boarding school conducts an  educational 
program for children with some specialized handicaps not  recognized  by  the 
state  through state aid support or established  approval    criteria,    the 
superintendent  of public instruction shall specify the approval criteria.
  (iii)  A teacher in a boarding school is  qualified  to  teach    in    the 
same manner as a teacher in a nonpublic day school.  Other  boarding   school 
staff whose function is the determining or execution of  educational   policy 
shall meet such legal requirements as would be required  of  like   personnel 
in  a public school.
  (iv)  A boarding school shall provide a staff appropriate to the  needs  of 
the student body.  The staff shall be of   sufficient   size    to    provide 
adequate supervision of the student body on a 24-hour-a-day basis.
  (v)  A boarding school shall maintain records of educational  progress   of 
its students as are normally provided by public schools.  These records shall
 be maintained and retained as per the retention  schedule   prescribed   for 
like records in public schools.  The confidential nature of   these   records 
shall apply  pursuant  to  section  2165  of  1961  PA  236,  MCL  600.2165.
 Upon dissolution of a boarding school, a  copy  of   the    pupil    records 
shall  be forwarded to the department of education.

  History:  1979 AC; 2005 AACS.


R 340.485   Physical facilities
  Rule 5. The physical facilities of a boarding  school,  as   a    requisite 
for licensing, shall meet all the following requirements:
  (a)  Buildings  used  for  any  purpose  shall  be  in   compliance    with 
the requirements of 1937 PA 306, MCL 388.851 and 1972 PA 230, MCL 125.1501.
  (b)  Cooking, eating, and food handling are  subject  to  approval  by  the 
health agency having jurisdiction.  Living-recreational areas  exclusive   of 
sleeping quarters shall be provided at approximately 30  square   feet    per 
student  and shall be appropriately  furnished.   No  single  sleeping-living 
unit shall  have an occupancy of more than 4 children, and shall  contain  at 
least  50  square feet per child.
  (c)  The boarding school shall provide for the  isolation    of    children 
with infections or contagious diseases not requiring hospitalization.

  History:  1979 AC; 2005 AACS.


R 340.486   Initial licenses.
  Rule 6. Before accepting  students  for   its   initial    enrollment,    a 
boarding school shall apply for, and shall have received,    a    provisional 
license  to operate a boarding school from the  superintendent   of    public 
instruction  in the following manner:
  (a)  The application shall be submitted   to   the    superintendent    for 
public instruction on or before May 1 preceding the September enrollment date 
or  at least 120 days before the enrollment date if it is  other    than    a 
September date.
  (b)  The following documents shall accompany the application, or  submitted 
at least 90 days before enrollment:
  (i)  A report from the state office of  construction   codes    and    fire 
safety that demonstrates occupancy approval for the specific building.
  (ii)  A report from  the  appropriate  health  department   approving   the 
facility for health and sanitation.
  (iii)  A report of the educational programs to ensure  comparability   with 
the state standards and benchmarks.
  (iv)   A  personnel  report  indicating  all   personnel    planned    for, 
their functions and qualifications.
  (c)  A provisional license may be issued to a boarding school   only   when 
it meets all of the requirements for a regular license or can  give  evidence 
that it will meet all requirements for a regular license not later  than   20 
days before the proposed enrollment date.  However,  an   initial   applicant 
boarding school may not employ as a teacher any person who does  not  qualify
 for  at least a Michigan provisional teacher certificate appropriate for the 
level to be taught.

  History:  1979 AC; 2005 AACS.


R 340.487   Subsequent licenses.
  Rule 7. A licensed boarding school shall apply annually for a  license   in 
the following manner:
  (a) Not later than September 2 of the current license year  the  department 
of education shall transmit to a licensed boarding school an application  for 
the re-issuance of a license.
  (b) Not later than the following October 15  the  boarding   school   shall 
submit the application for   the   reissuance   of   a   license    to    the 
department  of education.  The application shall include a  personnel  report 
indicating  the qualifications of each member of the teaching staff.
  (c) The boarding  school  may  be  asked  to  submit  reports  of  periodic 
appraisals of its plant, facilities, program, and practices  by   appropriate 
educational, health, safety, and welfare  agencies  as  requested   by    the 
superintendent   of   public   instruction   or   his   or   her   authorized 
representatives.  The  department of  education  shall  review  the  boarding
 school's  programs   to   ensure comparability with the state standards  and 
benchmarks.
  (d) Not later than the following January   15   the    superintendent    of 
public instruction shall notify the  boarding  school  of  the    class    of 
license,   for  which  the  school  qualifies   at   that   time.     If    a 
conditional  license  is indicated, then those factors responsible  for  that 
class  license  shall  be specified.
  (e) The license for a boarding school shall be reissued not   later    than 
June 15 of each year.  An applicant   school   receiving   a    January    15 
notice  of conditional status may submit evidence to alter this status before
 the  June 15 date.  If evidence cannot be presented before, but is available 
after, the issuance of the license, then the  applicant  school  may  request
 that  its application for license  be  reexamined,  but    the    corrective 
action  required shall have force in the license year.
  (f) If a boarding school is denied further licensing for   such    reasons, 
then it shall be specifically notified once on January 15   and    once    on 
June  15 during the denial year.

  History:  1979 AC; 2005 AACS.


R 340.488    Denial  and  suspension   of   licenses    and    closing     of 
nonlicensed schools.
  Rule 8. The  superintendent  for   public   instruction   may    deny    an 
applicant school a  license  to  operate  or  may  suspend  a  license.   The 
superintendent for public instruction shall notify the school and shall order 
it to close and to cease operation.
  (a) Upon receipt of such  notification,  a  boarding  school   shall    not 
continue its efforts to enroll students and a  licensed  school   shall   not 
continue  the enrollment of students beyond the existing license date.
  (b) A boarding school denied a  license  may  request   reexamination    of 
its application by presenting  evidence   that   it   will    meet    regular 
licensing requirements at least 60 days before the beginning  of  its  school 
year.
  (c) An appeal of the order of denial shall be filed with   the   department 
of education. The superintendent  of  public  instruction  shall   hear   and 
determine the appeal.
  (d) The superintendent of public instruction may suspend  the  license   of 
a boarding school at any time a  condition  develops  which   represents    a 
serious and immediate threat to the  health,  safety,  or  welfare   of   the 
children attending the school.  A notification to suspend a license shall  be 
issued in writing by the superintendent of public instruction to  the  person 
responsible for conducting the boarding school.  Such person  shall  have  24 
hours from the time of the receipt of the  notification  to    fulfill    its 
requirements.   The license may  be  reinstated  upon  written   receipt   of 
information   by   the  superintendent  of  public  instruction   that    the 
condition  which  caused  the suspension of the license has been corrected.

  History:  1979 AC; 2005 AACS.


R 340.489   Recognition of civil rights.
  Rule 9. (1) A licensed boarding school shall comply   with   civil   rights 
provisions of the Michigan constitution of 1963 as expressed  in  article  1, 
section  2,  and  article  5,  section  29,   and    with    provisions    of 
anti-discrimination laws of this state.
  (2) A licensed boarding school  shall  not  exclude,   expel,   limit,   or 
otherwise discriminate  against  an  individual  seeking   admission   as   a 
student or an individual enrolled as a  student  with   respect   to   terms, 
conditions, advantages,  facilities,  benefits,   privileges,   or   services 
because of his religion, race, color, or national origin.
  (3)  This  rule  does  not  prohibit  a   religious    or    denominational 
educational institution from limiting admission, or  giving  preference,   to 
applicants of the same religion or denomination or from making a selection of 
applicants that  is  calculated   by   the   institution   to   promote   the 
religious principles for which it is established or maintained.

  History:  1979 AC.