DEPARTMENT OF EDUCATION

                    SUPERINTENDENT OF PUBLIC INSTRUCTION

                  SPECIAL EDUCATION PROGRAMS AND SERVICES

(By the authority conferred on the superintendent of  public  instruction  by 
sections 1701 and 1703 of 1976 PA 451, MCL 380.1701  and  MCL  380.1703,  and 
Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL  388.993  and  MCL 
388.994)


                                PART 1.
                          GENERAL PROVISIONS


R 340.1701   Assurance of compliance.
  Rule 1. All public agencies in the state, as those agencies are defined  at 
34 C.F.R. §300.33  of  the  regulations  implementing  the  individuals  with 
disabilities education act, 20 U.S.C. chapter 33, §1400 et seq., shall comply 
with these rules; all provisions of the state's application for federal funds 
under part B and part C of the individuals with disabilities  education  act, 
20 U.S.C. chapter 33, §1400 et seq.; the requirements of part B and part C of 
the  individuals  with  disabilities  education  act;  and  the   regulations 
implementing the individuals with disabilities education act, 34 C.F.R.  part 
300 and 34 C.F.R. part 303, which are adopted by reference in these  rules.
Copies  are  available,  at  cost,  from  the  Government  Printing   Office, 
Superintendent of Documents, P.O. Box 37195-7954, Pittsburgh, PA,  15250,  or 
from  the  Center  for  Educational  Networking,  Eaton  Intermediate  School 
District, 1790 East Packard Highway, Charlotte, MI, 48813.

  History:  1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1994 AACS;  1997  AACS; 
2002 AACS; 2008 AACS.


R 340.1701a  Definitions; A to D.
  Rule 1a. As used in these rules:
  (a) "Adaptive behavior" means a student's ability  to  perform  the  social 
roles appropriate for a person of his or her age and gender in a manner  that 
meets the expectations of home,  culture,  school,  neighborhood,  and  other 
relevant groups in which he or she participates.
  (b) "Agency" means a public or private entity  or  organization,  including 
the  local  school  district,  public  school  academy,  intermediate  school 
district, the department, and any other political subdivision  of  the  state 
that is responsible for providing education  or  services  to  students  with 
disabilities.
  (c) "Complaint" means a written and signed  allegation  that  includes  the 
facts on which the allegation is based, by an individual or an  organization, 
that there is a violation of any of the following:
  (i) Any current provision of these rules.
  (ii) 1976 PA 451, MCL 380.1 et seq., as it pertains  to  special  education 
programs and services.
  (iii) The individuals with disabilities education act of 2004,  20  U.S.C., 
chapter 33, §1400 et seq., and  the  regulations  implementing  the  act,  34 
C.F.R. part 300 and 34 C.F.R. part 303.
  (iv) An intermediate school district plan.
  (v) An  individualized  education  program  team  report,  hearing  officer 
decision, administrative law judge  decision,  or  court  decision  regarding 
special education programs or services.
  (vi) The state application for federal funds  under  the  individuals  with 
disabilities education act.
  (d) "Department" means the state department of education.
  (e) "Departmentalize" means a delivery system in which 2  or  more  special 
education  teachers  teach  groups   of   students   with   disabilities   by 
instructional content areas.

  History:  1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1701b Definitions; I to P.
  Rule 1b. As used in these rules:
  (a) "Instructional services" means services provided by teaching  personnel 
that are specially designed to meet the unique needs  of  a  student  with  a 
disability.  These may be provided by any of the following:
  (i) An early childhood special education teacher under R 340.1755.
  (ii) A teacher consultant under R 340.1749.
  (iii) A teacher of the speech and language impaired under R 340.1745.
  (iv) A teacher providing instruction to students with disabilities who  are 
homebound or hospitalized.
  (v) A teacher providing instruction to students who are placed in  juvenile 
detention facilities under R 340.1757.
  (b) "Multidisciplinary evaluation team" means a minimum of  2  persons  who 
are responsible for evaluating a student suspected of having a  disability.
The team shall  include  at  least  1  special  education  teacher  or  other 
specialist who has knowledge of the suspected disability.
  (c) "Normal course of  study"  means  a  general  or  a  special  education 
curriculum leading to a high school diploma.
  (d) "Occupational therapy" means therapy provided by a  therapist  who  has 
been registered by  the  American  occupational  therapy  association  or  an 
occupational therapy  assistant  who  has  been  certified  by  the  American 
occupational  therapy  association  and  who  provides  therapy   under   the 
supervision of a registered occupational therapist.
  (e) "Parent" means any of the following:
  (i) A biological or adoptive parent of a child.
  (ii) A  foster  parent,  unless  state  law,  regulations,  or  contractual 
obligations with a state or local entity prohibit a foster parent from acting 
as a parent.
  (iii) A guardian generally authorized to act  as  the  child's  parent,  or 
authorized to make educational decisions for the child, but not the state  if 
the child is a ward of the state.
  (iv) An individual acting in the place of a biological or adoptive  parent, 
including a grandparent, stepparent, or other relative, with whom  the  child 
lives, or an individual who is legally responsible for the child's welfare.
  (v) A surrogate  parent  who  has  been  appointed  in  accordance  with  R 
340.1725f.
  (vi) Except as  provided  in  paragraph  (vii)  of  this  subdivision,  the 
biological or adoptive parent, when attempting to act  as  the  parent  under 
this part and when more than one party is qualified under paragraphs  (i)  to 
(v) of this subdivision to act as a parent,  shall  be  presumed  to  be  the 
parent unless the biological or adoptive parent does not have legal authority 
to make educational decisions for the child.
  (vii) If a judicial decree or order identifies a specific person or persons 
under paragraphs (i) to (iv) of this subdivision to act as the  parent  of  a 
child, or to make educational decisions on  behalf  of  a  child,  then  such 
person or persons shall be determined to be the parent.
  (viii) The affected student or youth with a disability when the student  or 
youth with a disability reaches 18 years of age, if a legal guardian has  not 
been appointed by appropriate court proceedings.
  (f) "Parent advisory committee" means a committee of  parents  of  students 
with disabilities of a particular intermediate school district  appointed  by 
the board of that district under R 340.1838.
  (g) "Physical therapy" means therapy prescribed by a physician and provided 
by a therapist who is licensed by the state of Michigan under  1978  PA  368, 
MCL 333.1101 et seq. or a physical therapy  assistant  who  provides  therapy 
under the supervision of a licensed physical therapist.

  History:  1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS.


R 340.1701c Definitions; R to Y.
  Rule 1c. As used in these rules:
  (a) "Related services" means services defined  at  34  C.F.R.  §300.34  and 
ancillary services as defined in 1976 PA 451, MCL 380.1  et  seq.,  which  is 
available for public review at the  department  and  at  intermediate  school 
districts.
  (b) "Services" means instructional or related services as defined in  these 
rules.
  (c) "Special education" means specially designed instruction, at no cost to 
the parents, to meet the unique educational  needs  of  the  student  with  a 
disability and to develop the student's maximum potential.  Special education 
includes  instructional  services  defined  in  R  340.1701b(a)  and  related 
services.
  (d) "Youth placed in a juvenile detention facility" means a student who  is 
placed by the court in a detention facility for juvenile delinquents and  who 
is not attending a regular school program due to court order.

  History: 2002 AACS; 2008 AACS.


R 340.1702    "Student with a disability" defined.
  Rule 2. "Student with a disability" means a person who is  determined    by 
an individualized education program team or a hearing officer to have  1   or 
more of the impairments specified in  this  part  that  necessitates  special 
education or related services, or both, who is not more than 25   years    of 
age  as  of September 1 of  the  school  year  of  enrollment,  who  has  not 
completed a  normal course of study, and who  has  not  graduated  from  high 
school.  A  student  who reaches the age  of  26  years  after  September   1 
is  a  "student  with  a disability"  and  entitled  to  continue  a  special 
education program  or  service until the end of that school year.

  History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AAC; 2002 AACS.


R 340.1703    Rescinded.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1704    Rescinded.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1705    Cognitive impairment; determination.
  Rule  5.  (1)  Cognitive  impairment  shall    be     manifested     during 
the developmental period and be determined through the demonstration  of  all
 of the following behavioral characteristics:
  (a) Development  at  a  rate  at  or  below  approximately    2    standard 
deviations below the mean as determined through intellectual assessment.
  (b)  Scores  approximately  within  the  lowest  6   percentiles   on     a 
standardized test in reading and arithmetic.  This  requirement   will    not 
apply  if  the student is not of an age, grade, or mental   age   appropriate 
for  formal  or standardized achievement tests.
  (c) Lack of development primarily in the cognitive domain.
  (d) Impairment of adaptive behavior.
  (e) Adversely affects a student's educational performance.
  (2)  A  determination   of   impairment   shall   be    based    upon     a 
comprehensive evaluation by a multidisciplinary  evaluation    team,    which 
shall  include  a psychologist.

  History:  1979 AC; 1980 AACS; 1994 AACS; 2002 AACS.


R 340.1706    Emotional impairment; determination; evaluation report.
  Rule  6.  (1)  Emotional  impairment  shall    be    determined     through 
manifestation of behavioral problems primarily in the affective domain,  over
 an  extended period of time, which adversely affect the student's  education 
to the  extent that the student cannot profit  from   learning    experiences 
without   special  education  support.  The  problems  result  in   behaviors 
manifested by 1  or  more of the following characteristics:
  (a)  Inability  to  build   or    maintain    satisfactory    interpersonal 
relationships within the school environment.
  (b) Inappropriate types of behavior or feelings under normal circumstances.
  (c) General pervasive mood of unhappiness or depression.
  (d) Tendency to  develop  physical  symptoms  or  fears   associated   with 
personal or school problems.
  (2) Emotional impairment also includes  students  who,  in   addition    to 
the characteristics specified  in  subrule  (1)  of  this    rule,    exhibit 
maladaptive behaviors related to schizophrenia or similar disorders. The term
 "emotional  impairment"  does  not  include   persons   who   are   socially 
maladjusted, unless  it is determined that  the  persons  have  an  emotional 
impairment.
  (3) Emotional impairment  does  not  include  students   whose    behaviors 
are primarily the result of intellectual, sensory, or health factors.
  (4)  When  evaluating  a  student  suspected  of  having    an    emotional 
impairment, the multidisciplinary  evaluation  team  report   shall   include 
documentation  of all of the following:
  (a) The student's performance  in  the   educational   setting    and    in 
other settings, such as adaptive behavior within the broader community.
  (b) The systematic observation of the  behaviors   of    primary    concern 
which interfere with educational and social needs.
  (c) The intervention strategies used  to  improve  the  behaviors  and  the 
length of time the strategies were utilized.
  (d) Relevant medical information, if any.
  (5) A determination of impairment shall  be  based  on  data  provided   by 
a multidisciplinary   evaluation   team,    which     shall     include     a 
comprehensive evaluation by both of the following:
  (a) A psychologist or psychiatrist.
  (b) A school social worker.

  History:  1979 AC; 1980 AACS; 1983 AACS; 2002 AACS.


R 340.1707    Hearing impairment explained; determination.
  Rule 7. (1) The term  "hearing  impairment"  is  a  generic   term    which 
includes both students who are deaf and those who are hard of  hearing    and 
refers  to students with any type  or   degree   of   hearing    loss    that 
interferes  with development or adversely  affects  educational  performance.
"Deafness" means  a hearing impairment that   is   so   severe    that    the 
student  is  impaired  in  processing    linguistic    information    through 
hearing,   with   or   without amplification.  The  term  "hard  of  hearing" 
refers  to  students   with   hearing  impairment  who  have   permanent   or 
fluctuating  hearing  loss  which  is  less severe than the hearing  loss  of 
students who are  deaf  and  which  generally permits the use of the auditory 
channel as the primary  means  of  developing speech and language skills.
  (2)  A  determination   of   impairment   shall   be    based    upon     a 
comprehensive evaluation by a  multidisciplinary  evaluation   team,    which 
shall  include  an audiologist and an otolaryngologist or otologist.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1708    Visual impairment explained; determination.
  Rule  8.  (1)  A  visual  impairment  shall   be     determined     through 
the manifestation of both of the following:
  (a) A  visual  impairment  which,  even   with    correction,    interferes 
with development  or  which  adversely  affects  educational   performance.
Visual impairment includes both partial sight and blindness.
  (b) One or more of the following:
  (i) A central visual acuity for near or far point vision of 20/70  or  less 
in the better eye after routine refractive correction.
  (ii) A peripheral field of vision restricted to not more than 20 degrees.
  (iii) A diagnosed progressively deteriorating eye condition.
  (2)  A  determination   of   impairment   shall   be    based    upon     a 
comprehensive evaluation by a  multidisciplinary  evaluation   team,    which 
shall  include  an ophthalmologist or optometrist.
  (3) If a  student  cannot  be  tested   accurately   for    acuity,    then 
functional visual assessments conducted by  a  teacher  certified  in  visual 
impairment   may  be  used  in  addition  to  the  medical   evaluation   for 
determination of impairment.
  (4) For students with visual impairment who have a visual acuity of  20/200 
or less after routine refractive correction, or who have a peripheral   field 
of vision  restricted  to  not  more  than  20  degrees,  an  evaluation   by 
an orientation and mobility specialist shall be conducted.  The   orientation 
and mobility specialist shall also  include  in  the  report   a    set    of 
recommended procedures to be used by a mobility specialist or  a  teacher  of 
students  with visual  impairment  in  conducting  orientation  and  mobility 
training activities.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1709    "Physical impairment" defined; determination.
  Rule 9. (1) "Physical impairment" means  severe    orthopedic    impairment 
that adversely affects a student's educational performance.
  (2)  A  determination   of   disability   shall   be    based    upon     a 
comprehensive evaluation by  a  multidisciplinary  evaluation   team,   which 
shall  include assessment data from 1 of the following persons:
  (a) An orthopedic surgeon.
  (b) An internist.
  (c) A neurologist.
  (d) A pediatrician.
  (e) A family physician or any other approved physician as  defined  in 1978 
PA 368, MCL 333.1101 et seq.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1709a   "Other health impairment" defined; determination.
  Rule  9a.  (1)   "Other   health   impairment"   means    having    limited 
strength, vitality, or alertness, including a   heightened    alertness    to 
environmental stimuli, which results in limited alertness with   respect   to 
the  educational environment and to which both of  the  following  provisions 
apply:
  (a) Is due to chronic or acute health problems such as any of the following:
  (i) Asthma.
  (ii) Attention deficit disorder.
  (iii) Attention deficit hyperactivity disorder.
  (iv) Diabetes.
  (v) Epilepsy.
  (vi) A heart condition.
  (vii) Hemophilia.
  (viii) Lead poisoning.
  (ix) Leukemia.
  (x) Nephritis.
  (xi) Rheumatic fever.
  (xii) Sickle cell anemia.
  (b) The impairment adversely affects a student's educational performance.
  (2)  A  determination   of   disability   shall   be    based    upon     a 
comprehensive evaluation by a multidisciplinary evaluation team, which  shall 
include  1  of the following persons:
  (a) An orthopedic surgeon.
  (b) An internist.
  (c) A neurologist.
  (d) A pediatrician.
  (e) A family physician or any other approved physician as defined  in  1978 
PA 368, MCL 333.1101 et seq.

  History: 2002 AACS.


R 340.1710    "Speech and language impairment" defined; determination.
  Rule  10.  (1)  A   "speech   and   language    impairment"     means     a 
communication disorder that adversely affects educational  performance,  such 
as  a  language impairment, articulation impairment, fluency  impairment,  or 
voice impairment.
  (2) A communication disorder shall be determined through the  manifestation 
of 1 or more of the  following  speech  and   language    impairments    that 
adversely affects educational performance:
   (a) A language impairment which interferes with the   student's    ability 
to understand and use language effectively and which includes 1 or  more   of 
the following:
  (i) Phonology.
  (ii) Morphology.
  (iii) Syntax.
  (iv) Semantics.
  (v) Pragmatics.
  (b)  Articulation  impairment,  including   omissions,    substitutions, or 
distortions of sound, persisting beyond  the  age   at    which    maturation 
alone might be expected to correct the deviation.
  (c) Fluency impairment, including   an   abnormal   rate    of    speaking, 
speech  interruptions,  and  repetition  of  sounds,   words,   phrases,   or 
sentences,  that interferes with effective communication.
  (d) Voice impairment, including   inappropriate   pitch,    loudness,    or 
voice quality.
  (3) Any impairment under subrule (2)(a) of this rule shall  be    evidenced 
by both of the following:
  (a)   A   spontaneous    language    sample    demonstrating     inadequate 
language functioning.
  (b) Test results on not less than 2 standardized assessment instruments  or 
2 subtests   designed   to   determine     language     functioning     which 
indicate inappropriate language functioning for the student's age.
  (4) A student  who  has  a  communication  disorder,  but   whose   primary 
disability is other than speech and language may be eligible    for    speech 
and  language services under R 340.1745(a).
  (5)  A  determination   of   impairment   shall   be    based    upon     a 
comprehensive evaluation by a multidisciplinary  evaluation    team,    which 
shall  include  a teacher of students with  speech  and  language  impairment 
under R 340.1796 or a speech  and  language  pathologist  qualified  under  R 
340.1792.

  History:  1979 AC; 1980 AACS; 1994 AACS; 2002 AACS.


R 340.1711    "Early childhood developmental delay" defined; determination.
  Rule 11. (1) "Early childhood developmental delay" means a child  through 7 
years of age whose  primary  delay   cannot   be    differentiated    through 
existing criteria within R 340.1705 to R 340.1710 or R 340.1713 to R 340.1716 
and who manifests a delay in 1 or more areas  of  development  equal  to   or 
greater  than  1/2  of  the   expected development. This definition does  not 
preclude  identification  of  a  child through  existing  criteria  within  R 
340.1705 to R 340.1710 or R 340.1713 to  R 340.1716.
  (2) A determination of early childhood developmental   delay    shall    be 
based upon a comprehensive evaluation by a multidisciplinary evaluation team.

  History:  1979 AC; 1980 AACS; 1982 AACS; 1983 AACS; 2002 AACS.


R 340.1712    Rescinded.

  History:  1979 AC; rescinded 1980 AACS.


R 340.1713 Specific learning disability defined; determination.
  Rule 13. (1) "Specific learning disability" means a disorder in 1  or  more 
of the basic psychological processes involved in understanding  or  in  using 
language, spoken or written,  that  may  manifest  itself  in  the  imperfect 
ability to listen, think, speak, read, write, spell, or  to  do  mathematical 
calculations, including conditions such  as  perceptual  disabilities,  brain 
injury, minimal brain dysfunction,  dyslexia,  and  developmental  aphasia.
Specific learning disability does not  include  learning  problems  that  are 
primarily the result of visual, hearing, or motor disabilities, of  cognitive 
impairment, of emotional impairment,  of  autism  spectrum  disorder,  or  of 
environmental, cultural, or economic disadvantage.
  (2) In determining whether a student has a learning disability,  the  state 
shall:
  (a) Not require the  use  of  a  severe  discrepancy  between  intellectual 
ability and achievement.
  (b) Permit  the  use  of  a  process  based  on  the  child's  response  to 
scientific, research-based intervention.
  (c) Permit the use of other alternative research-based procedures.
  (3)  A  determination  of  learning  disability  shall  be  based  upon   a 
comprehensive evaluation by a multidisciplinary evaluation team, which  shall 
include at least both of the following:
  (a) The student's general education teacher or, if  the  student  does  not 
have a general education teacher, a general education  teacher  qualified  to 
teach a student of his or her age or, for a child of less than school age, an 
individual qualified by the state educational agency to teach a child of  his 
or her age.
  (b)  At  least  1  person  qualified  to  conduct   individual   diagnostic 
examinations of children,  such  as  a  school  psychologist,  an  authorized 
provider of speech and language under R 340.1745(d), or a teacher consultant.

  History:  1979 AC; 1980 AACS; 1983 AACS; 2002 AACS; 2004 AACS; 2008 AACS.


R 340.1714    Severe multiple impairment; determination.
  Rule  14.  (1)  Students  with  severe  multiple  impairments   shall    be 
determined through the manifestation of either of the following:
  (a) Development at a rate of 2 to 3 standard deviations below the mean  and 
2 or more of the following conditions:
  (i) A hearing impairment so severe that the  auditory  channel    is    not 
the primary means of developing speech and language skills.
  (ii) A  visual  impairment  so  severe  that  the  visual  channel  is  not 
sufficient to guide independent mobility.
  (iii) A physical impairment so  severe  that  activities  of  daily  living 
cannot be achieved without assistance.
  (iv) A health impairment so severe that the student is medically at risk.
  (b) Development at a rate of 3 or more standard deviations below  the  mean 
or students for whom evaluation instruments do not provide a  valid   measure 
of cognitive ability and 1 or more of the following conditions:
  (i) A hearing impairment so severe that the  auditory  channel    is    not 
the primary means of developing speech and language skills.
  (ii) A  visual  impairment  so  severe  that  the  visual  channel  is  not 
sufficient to guide independent mobility.
  (iii) A physical impairment so  severe  that  activities  of  daily  living 
cannot be achieved without assistance.
  (iv) A health impairment so severe that the student is medically at risk.
  (2)  A  determination  of   impairment   shall   be    based     upon     a 
comprehensive evaluation by a multidisciplinary  evaluation    team,    which 
shall  include  a psychologist and, depending upon the  disabilities  in  the 
physical domain, the multidisciplinary evaluation team participants  required
 in  R  340.1707,  R 340.1708, or R 340.1709, R 340.1709a, or R 340.1716.

  History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1715   Autism spectrum disorder defined; determination.
  Rule  15.  (1)  Autism  spectrum  disorder  is   considered   a    lifelong 
developmental disability  that  adversely  affects  a  student's  educational 
performance in 1 or more of the following performance areas:
  (a) Academic.
  (b) Behavioral.
  (c) Social.
Autism spectrum disorder is typically manifested before 36 months of  age.  A 
child who first manifests the characteristics  after  age  3  may  also  meet 
criteria.  Autism  spectrum  disorder   is   characterized   by   qualitative 
impairments in reciprocal social  interactions,  qualitative  impairments  in 
communication, and restricted range of interests/repetitive behavior.
  (2) Determination for eligibility shall include all of the following:
  (a) Qualitative impairments in reciprocal social   interactions   including 
at least 2 of the following areas:
  (i) Marked impairment in the use of  multiple  nonverbal   behaviors   such 
as eye-to-eye gaze, facial expression,  body  postures,  and   gestures    to 
regulate social interaction.
  (ii) Failure to develop peer  relationships  appropriate  to  developmental 
level.
  (iii)  Marked  impairment  in  spontaneous  seeking  to  share   enjoyment, 
interests, or achievements with other  people,  for  example,  by   a    lack 
of  showing, bringing, or pointing out objects of interest.
  (iv) Marked impairment in the areas of social or emotional reciprocity.
  (b) Qualitative impairments in communication including  at  least   1    of 
the following:
  (i) Delay in, or total lack  of,  the  development  of   spoken    language 
not accompanied  by  an  attempt  to  compensate  through  alternative  modes
 of communication such as gesture or mime.
  (ii) Marked impairment in pragmatics  or  in  the  ability   to   initiate, 
sustain, or engage in reciprocal conversation with others.
  (iii) Stereotyped and repetitive use of language or idiosyncratic language.
  (iv) Lack of varied, spontaneous make-believe play or   social    imitative 
play appropriate to developmental level.
  (c) Restricted, repetitive, and stereotyped behaviors including at least  1 
of the following:
  (i)  Encompassing  preoccupation  with  1   or   more    stereotyped    and 
restricted patterns of interest that is abnormal either in intensity or focus.
  (ii) Apparently inflexible adherence to specific,  nonfunctional   routines 
or rituals.
  (iii) Stereotyped and repetitive  motor  mannerisms,  for   example,   hand 
or finger flapping or twisting, or complex whole-body movements.
  (iv) Persistent preoccupation with parts of objects.
  (3) Determination may include  unusual  or   inconsistent    response    to 
sensory stimuli, in combination  with  subdivisions  (a),  (b),  and  (c)  of 
subrule  2  of this rule.
  (4)  While  autism  spectrum  disorder  may   exist    concurrently    with 
other diagnoses or areas of disability, to be eligible under this rule, there 
shall not be a primary diagnosis of schizophrenia or emotional impairment.
  (5)  A  determination   of   impairment   shall   be    based    upon     a 
comprehensive evaluation by a multidisciplinary evaluation team including, at 
a minimum,  a psychologist or psychiatrist, an authorized provider of  speech 
and  language under R 340.1745(d), and a school social worker.

  History:  1983 AACS; 2002 AACS; 2004 AACS.


R 340.1716    "Traumatic brain injury" defined; determination.
  Rule 16. (1) "Traumatic brain injury" means an  acquired  injury   to   the 
brain which is caused by an external physical force and  which   results   in 
total  or partial functional disability  or  psychosocial   impairment,    or 
both,  that adversely affects a student's educational performance. The   term 
applies  to open or closed head injuries resulting in impairment in   1    or 
more  of  the following areas:
  (a) Cognition.
  (b) Language.
  (c) Memory.
  (d) Attention.
  (e) Reasoning.
  (f) Behavior.
  (g) Physical functions.
  (h) Information processing.
  (i) Speech.
  (2) The term does  not  apply  to  brain  injuries  that   are   congenital 
or degenerative or to brain injuries induced by birth trauma.
  (3)  A  determination   of   disability   shall   be    based    upon     a 
comprehensive evaluation by a  multidisciplinary  evaluation   team,    which 
shall  include  an assessment from a family physician or any  other  approved 
physician as defined in 1978 PA 368, MCL 333.1101 et seq.

   History: 2002 AACS.


R 340.1717   Deaf-blindness defined; determination.
  Rule 17. (1) Deaf-blindness means  concomitant  hearing   impairment    and 
visual impairment, the combination of which causes severe  communication  and
 other developmental and educational needs that cannot be   accommodated   in 
special education programs without  additional  supports  to   address    the 
unique  needs specific to deaf-blindness. Deaf-blindness also means  both  of 
the following:
  (a)  Documented  hearing  and  visual  losses   that,     if     considered 
individually, may not meet  the  requirements  for  visual   impairment    or 
hearing  impairment, but the combination of the  losses  affects  educational 
performance.
  (b) Such students function as if they have both a  hearing    and    visual 
loss,  based  upon  responses  to  auditory  and  visual  stimuli   in    the 
environment,  or during vision and hearing evaluations.
  (2) A determination of the disability shall be based upon data provided  by 
a multidisciplinary evaluation team which shall include    assessment    data 
from all of the following:
  (a) Medical specialists such as any of the following:
  (i) An ophthalmologist.
  (ii) An optometrist.
  (iii) An audiologist.
  (iv) An otolaryngologist.
  (v) An otologist.
  (vi) A family physician or any other approved physician as defined in  1978 
PA 368, MCL 333.1101 et seq.
  (b) A teacher of students with visual impairment.
  (c) A teacher of students with hearing impairment.

  History: 2004 AACS.


R 340.1719    Rescission.
  Rule 19. The following rules are rescinded:

                                                Michigan Subject
                   Administrative Code     Where Published

  Education of the deaf, hard of        R 340.41                1954  AC,  p.
3905 hearing, blind,  partially  seeing,  crippled  or  otherwise  physically 
handicapped, epileptic and speech defective
  Education of mentally handi-          R 340.171 - R 340.179   1956 AACS, p.
240  capped   children                                                   1960 
AACS, p. 1478
                                                                1967    AACS, 
pp.
4208
                                                                and 4209
  Education of emotionally dis-         R 340.521 - R  340.529    1960  AACS, 
pp. 1482 turbed children                                                  and 
1483
  Programs established or operated      R 340.921 - R 340.928   1964-65 AACS, 
by intermediate school districts                                pp.  3246  to 
3248 for trainable mentally handicapped individuals
  Teacher counselor programs for        R 340.931 - R 340.937   1964-65 AACS, 
hard of hearing, partially seeing,                              pp. 3248  and 
3249 crippled, and/or otherwise physical- ly handicapped
  Educational programs for speech       R 340.940 - R 340.948   1964-65 AACS, 
defective                                                       pp  3249  and 
3250
  Educational programs for the          R 340.950 - R 340.955   1964-65 AACS, 
crippled  and/or  otherwise  physically                             p.   3251 
handicapped who are home-bound
  Educational programs for the          R 340.960 - R 340.964   1964-65 AACS, 
crippled and/or otherwise physical-                              p.  3252  ly 
handicapped who are hospital- ized
  Education programs for the            R 340.970 - R 340.976   1964-65 AACS, 
deaf and hard of hearing                                        pp. 3253  and 
3254
  Educational programs for the          R 340.980 - R 340.986   1964-65 AACS, 
blind and partially seeing                                      pp. 3254  and 
3255
  Educational programs for the          R 340.990 - R 340.997   1964-65 AACS, 
crippled and/or otherwise physical-                             pp. 3255  and 
3256 ly handicapped
  State aid for special education       R 388.151 - R  388.156    1967  AACS, 
directors and supervisors                                       pp. 4221  and 
4222

  History: 1979 AC.

Editor's Note: An obvious error in R 340.1719 was corrected at  the   request 
of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended 
by 2000 PA 262, MCL 24.256.  The rule containing the error was  published  in 
Annual Code 1979.  The memorandum requesting the  correction   was  published 
in Michigan Register, 2008 MR 18.



                                PART 2
      EVALUATION, ELIGIBLITY, STUDENT ASSIGNMENT, AND DUE PROCESS PROCEDURES


R 340.1721   Parental consent  for   initial   evaluation;    contents     of 
notice; refusal to consent or respond.
  Rule 21. (1) Within 10 calendar days of  receipt  of  a  referral   of    a 
student suspected of having a disability, and before any  formal   evaluation 
designed to determine eligibility  for  special  education    programs    and 
services,  the public agency shall notify  the  parent  and   shall   request 
written  consent  to evaluate. The written notice shall contain both  of  the 
following:
  (a) The reason or reasons an evaluation is sought  and  the    nature    of 
the evaluation.
  (b) A description of the  types  of  special   education    programs    and 
services currently available within the intermediate school district.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1721a Evaluation procedure.
  Rule 21a. (1) Each student suspected of  having  a  disability   shall   be 
evaluated  by  a  multidisciplinary  evaluation  team   as   defined   in   R 
340.1701b(b).   If  an  initial  evaluation  review  is  conducted   by   the 
individualized education program team, then the multidisciplinary  evaluation 
team shall complete  the  evaluation  as  determined  by  the  individualized 
education program team in addition to requirements as defined in  R  340.1705 
to R 340.1716 as applicable to the suspected impairment.
  (2) The multidisciplinary evaluation team shall do both of the following:
  (a) Complete a diagnostic evaluation.
  (b) Make a recommendation of eligibility and prepare a written  report   to 
be presented to the individualized education program team  by  the  appointed 
multidisciplinary  evaluation  team  member.   The   report   shall   include 
information needed  to  determine  a  student's  present  level  of  academic 
achievement and functional performance and educational needs of the student.
Information presented to the individualized education program team  shall  be 
drawn from a variety of sources, including parent input.
  (3) Special education personnel who are authorized to  conduct  evaluations 
of  students  suspected  of  having  a  disability  may  provide  prereferral 
consultation to general education personnel  in  accordance  with  procedures 
established by the department.

  History:  1980 AACS; 1987 AACS; 2002 AACS; 2009 MR 7, Eff. Apr. 3, 2009.


R 340.1721b  Individualized education program team participants.
  Rule 21b. (1) The superintendent   or   his   or   her    designee    shall 
appoint participants to an individualized education program  team  and  shall 
invite the parents to be participants.
  (2) Upon request of the parent, a representative of the   school   district 
of residence shall be invited to  attend   the    individualized    education 
program team meeting if the  district  of  residence  has   authorized    the 
operating district to conduct program team meetings.

  History:  1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS.


R 340.1721c  Scheduling    individualized    education     program       team 
meeting; requesting parent participation.
  Rule  21c.  (1)  The  school  district  of  residence  is  responsible  for 
conducting  the  initial  individualized  education  program   team   meeting 
involving a student in its district and shall conduct,  or   authorize    the 
operating  district  to conduct,  each  subsequent  individualized  education 
program team meeting  at  a mutually agreed upon time and place.
  (2) The time from referral or from receipt  of  parental  consent   to   an 
initial evaluation to the completion of the individualized education  program 
or  the determination of ineligibility shall not be more  than   30    school 
days.  This time line begins upon receipt of the signed parental consent   by 
the  public agency requesting it and may be extended if  agreed  to  by   the 
parent  and public agency.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1721d  Responsibilities of the individualized education program team.
  Rule  21d.  Upon  completing  the   individualized   education     program, 
the  individualized   education   program    team    shall     submit     the 
individualized education program to the  superintendent.  The  individualized 
education program shall not  be  restricted  to  the  programs  and  services 
available.

  History:  1980 AACS; 2002 AACS.


R 340.1721e Individualized education program team meeting;  determination  of 
eligibility for  special  education  programs  and  services;  individualized 
education program.
  Rule 21e. (1) The superintendent or his or her designee shall  convene   an 
individualized education program team meeting.
  (2) An individualized education program shall be based on  all  diagnostic, 
medical, and other evaluative information requested by the team, or  provided 
by the parent or student who  is  disabled  and  shall  include  all  of  the 
following information, in writing:
  (a) A statement of the student's present level  of   academic   achievement 
and functional performance.
  (b) A statement of annual goals, including short-term objectives.
  (c)  Appropriate  objective  criteria  and  evaluation    procedures    and 
schedules for determining whether the objectives are being achieved.
  (d) A statement documenting  that  extended  school  year   services   were 
considered.
  (3) In considering extended  school  year  services,   the   individualized 
education program team shall do all of the following:
  (a) Determine if a student's current  annual  goals  address  1   or   more 
skills that need extended school year services.  For  any  identified  annual 
goal, the individualized education program team shall  consider  all  of  the 
following:
  (i) Data that indicate that in the identified  annual  goal  there   is   a 
potential for regression of skills beyond a reasonable period of recoupment.
  (ii) Data regarding the nature or  severity  of  the  disability   of   the 
student that indicates that there is  a  need  to  provide  services  in  the 
identified annual goal during breaks in the school year.
  (iii) Information that indicates that in the identified annual   goal   the 
student is at a critical stage of learning or in a critical area of  learning 
where failure to provide  a  service  beyond  the  normal  school  year  will 
severely limit the student's capacity to acquire essential skills.
  (b) If the individualized education program team determines that  the  data 
or information in any of subrule (3)(a)(i) to (iii) of this rule  indicate  a 
need for extended school year services, then extended  school  year  services 
shall be included in the student's individualized education program.
  (c) Determination of the need for extended school year services  shall  not 
be based on a formula or policy that  prohibits  full  consideration  of  the 
unique educational needs of each student.
  (d) Related services, transportation, supplementary  aids   and   services, 
and instructional programming shall be considered when planning  a  student's 
extended school year services.
  (e) Consideration of extended school year services shall  be   accomplished 
in sufficient time to make plans for the delivery  of  extended  school  year 
services.
  (4) The individualized education program team shall  determine  whether the 
student has a need for placement with a special  education  teacher  who   is 
endorsed in a particular disability category.
  (5) Any participant  in  the  individualized   education   program   team's 
deliberations  who  disagrees,  in  whole  or  in  part,  with   the   team's 
determination may indicate the reasons on the team's individualized education 
program report or may submit a written statement to be attached to the report.
  (6) The Michigan school for the deaf shall be considered a  part   of   the 
total continuum of services for students  with  a  hearing  impairment.   The 
resident district shall conduct the  individualized  education  program  team 
meeting that initiates an assignment into the Michigan school for the deaf.
Representatives of the intermediate school  district  of  residence  and  the 
Michigan school  for  the  deaf  shall  be  invited  to  participate  in  the 
individualized education program team meeting.  The state board of  education 
shall adopt procedures for placement at the Michigan school for the deaf.
  (7) The Michigan school for the blind shall be considered a part   of   the 
total continuum of services for  students  with  a  visual  impairment.   The 
resident district shall conduct the  individualized  education  program  team 
meeting that initiates an assignment into the Michigan school for the blind.
Representatives of the intermediate school  district  of  residence  and  the 
Michigan school for  the  blind  shall  be  invited  to  participate  in  the 
individualized education program team meeting.  The state board of  education 
shall adopt procedures for placement at the Michigan school for the blind.

  History:  1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2009 MR 7, 
Eff. Apr. 3, 2009.


R 340.1722    Placement in special education programs and services.
  Rule 22.  (1)  The  individualized  education  program   team    determines 
the educational placement of a student with  a  disability  in  programs  and 
services from a continuum of alternative placements, such as  instruction  in
 general education  classes,  special  classes  or  special  instruction  in
 general education classes,  special  classes  or  special   schools,    home 
instruction  in hospitals and institutions, resource rooms,   or    itinerant 
instruction  with general education class placements.
  (2) The superintendent or his or her designee shall appoint a staff  person 
to be  responsible   for   the   implementation   of    the    individualized 
education program, including services provided by other agencies. The  person 
shall  be either the principal of the building where the primary  educational 
program is provided to the student who has a  disability  or   other    staff 
person  who  is generally accessible to the staff and who will   be   working 
with  the  student who has a disability.

  History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS.


R 340.1722a Implementation of individualized education program.
  Rule 22a. (1) The superintendent of the school district of residence,  upon 
receipt of the individualized education program,  shall,  within  7  calendar 
days, provide written  notice  to  the  parent  of  the  agency's  intent  to 
implement special education programs and services.  The notice shall identify 
where  the  programs  and  services  are  to  be  provided   and   when   the 
individualized education program begins.
  (2) The parent, upon receipt of notification from the superintendent, shall 
have the right, at any time, to appeal the decision under R 340.1724.  If the 
parent  does  not  appeal,  then  the  superintendent  shall   initiate   the 
individualized education program as soon as possible, but not later  than  15 
school days after the parent has been notified.  An initiation  date  may  be 
later than  15  school  days  if  clearly  specified  in  the  individualized 
education program; however, a projected initiation date shall not be used  to 
deny or delay programs or services because they are not available  and  shall 
not be used for purposes of administrative convenience.
  (3) For the  purposes  of  34  C.F.R.  300.300(b),  if  a  student  with  a 
disability is to be provided special education or related  services  for  the 
first time, then the parent has 10 calendar days after receipt of the  notice 
from the superintendent to provide the public agency with written consent  to 
provide special education programs and services.
  (4) Each public agency shall provide special education and related services 
to  a  student  with  a  disability  in   accordance   with   the   student's 
individualized education program.

  History:  1980 AACS; 1987 AACS; 1990 AACS; 1994 AACS; 1995 AACS; 2002 AACS; 
2004 AACS; 2008 AACS.


R 340.1722b  Rescinded.

  History:  1980 AACS; 1987 AACS.


R 340.1722c  Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1722d  Rescinded.

  History:  1980 AACS; 1997 AACS; 2002 AACS.


R 340.1722e Previous enrollment in special education.
  Rule 22e. (1)  If  a  student  who  currently  receives  special  education 
programs or services enrolls in a new school district, then  the  new  school 
district shall do either of the following:
  (a) With the parent's consent, immediately implement the student's  current 
individualized education program.
  (b) With  the  parent's  consent,  immediately  place  the  student  in  an 
appropriate program  or  service  and  convene  an  individualized  education 
program team meeting within 30  school  days  to  develop  an  individualized 
education program.
  (2) If the parent does not provide consent for placement, then  the  school 
district, in consultation with the parents, shall provide a free  appropriate 
public education to the  student,  including  services  comparable  to  those 
described in the student's individualized education program from the previous 
public agency.  An individualized education program  team  meeting  shall  be 
convened to develop  a  new  individualized  education  program  as  soon  as 
possible, but not later than 30 school days.

  History:  1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1722f   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1723   Rescinded.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1723a  Rescinded.

  History:  1980 AACS; 1995 AACS; 2002 AACS.


R 340.1723b  Rescinded.

  History:  1980 AACS; 1994 AACS; 2002 AACS.


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 
shall 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, the public agency may initiate a hearing under R  340.1724  to  show 
that its evaluation is appropriate.  The  public  agency  shall  respond,  in 
writing, to the request 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 340.1724.  If  the  hearing  officer  determines  that  the 
evaluation is appropriate,  then  the  parent  still  has  the  right  to  an 
independent educational evaluation, but not at public expense.
  (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.
  (4) An independent educational evaluation shall  not  be  conducted  by  an 
examiner or examiners who otherwise or regularly  contract  with  the  public 
agency to provide services, unless the examiner or examiners are agreeable to 
the parent.

  History:  1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2008 AACS.


R 340.1724 Due process complaints filed before July 1, 2006.
  Rule 24. (1) This rule applies only to due process complaints filed  before 
July 1, 2006.
  (2) A parent, the school district of  residence,  the  school  district  of 
operation, the Michigan schools for the deaf and blind, or the department may 
initiate a hearing on any of the  matters  relating  to  the  identification, 
evaluation, educational placement of the student, or the provision of a  free 
appropriate public education.  The party initiating a  hearing  shall  notify 
the other parties, in writing, of its intent to initiate the hearing.
  (3) The hearing shall be arranged or conducted by the district of residence 
and the district of residence shall pay all  direct  costs  incurred  by  the 
school district as a result of arranging or conducting the hearing.
  (4) Before the appointment or selection of a hearing officer,  the  hearing 
may be delayed or terminated upon written stipulation by  the  public  agency 
and the parent.  The agency responsible for  the  hearing  shall  submit  the 
written stipulation to the department.  After the appointment or selection of 
a hearing officer, the hearing may  be  delayed  with  the  approval  of  the 
hearing officer or terminated upon written stipulation of the  public  agency 
and the parent.  A copy of the stipulation to terminate shall be provided  to 
the hearing officer and to the department.
  (5) The superintendent of the public agency shall contract for the services 
of an impartial hearing officer who is mutually agreeable to both parties  or 
who has been appointed by the department.   If  the  parent  and  the  public 
agency cannot agree on a hearing officer within 14  calendar  days  following 
the hearing request, then the superintendent shall immediately  request  that 
the department of education appoint an impartial hearing officer according to 
procedures established by the department.
  (6) A hearing shall not be conducted by an employee or board member of  the 
involved local school district, of another local school district  within  the 
same intermediate school district, of a public school academy within the same 
intermediate school district, or of the intermediate school district of which 
the involved local school district is a part.
  (7) Each public  agency  shall  keep  a  current  department-developed  and 
department-distributed list  of  the  persons  trained  as  hearing  officers 
according to procedures established by the department who  serve  as  hearing 
officers.  This list shall be provided to parents  upon  any  request  for  a 
hearing.  The list shall include a statement of qualifications of each of the 
listed persons.
  (8) Each public agency responsible for arranging or  conducting  a  hearing 
shall immediately forward to the department 2 copies of the hearing decision, 
1 with all personal identifiers pertaining to the student deleted, and 1 with 
personal identifiers included.
  (9) The department shall send a copy of the decision  to  the  intermediate 
school district with a notice to inform the department that the decision  has 
been implemented.
  (10) Any party who is aggrieved by the  findings  and  the  decision  of  a 
hearing conducted under this rule may request a state review of the decision.
 State review of a local hearing decision is administered by  the  department 
of education.  A request for state review of a local hearing  decision  shall 
be received by the department within 25  calendar  days  of  receipt  of  the 
decision.  The appealing party shall send a copy of the party's request for a 
state review to the other party.
  (11) Upon receipt of a request for a state review filed under subrule  (10) 
of this rule, the department of education shall  refer  the  request  to  the 
state office of administrative  hearings  and  rules  who  shall  appoint  an 
administrative law judge  to  conduct  the  review  in  accordance  with  the 
individuals with disabilities education act, 20 U.S.C. §1401 et seq., 1976 PA 
451, MCL 380.1701 et seq. and R 340.1883 to R 340.1885.
  (12) Any party who is aggrieved by the final decision  in  a  state  review 
conducted under this rule may appeal to a  court  of  competent  jurisdiction 
within 90 days after the mailing date of the final decision.
  (13) In the absence  of  an  appeal,  unless  otherwise  specified  in  the 
administrative law judge's state review decision, or the reviewing official's 
decision, the decision shall be implemented by the public  agency  within  15 
school days of the agency's receipt of the decision.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1724a  Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1724b  Rescinded.

  History:  1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS.


R 340.1724c  Rescinded.

  History:  1987 AACS; 1990 AACS; 2002 AACS; 2008 AACS.


R 340.1724d Mediation.
  Rule 24d.(1) A parent or public agency may request a mediation  process  in 
which the relief sought consists of a mutually agreeable  settlement  between 
the parties of a dispute that  might  be  the  subject  of  a  state  special 
education complaint under part 8 of the rules  or  a  due  process  complaint 
under R 340.1724 or R 340.1724(f).
  (2) The state board of education shall  approve  procedures  regarding  the 
mediation process.

  History:  1987 AACS; 2002 AACS; 2008 AACS.


R 340.1724e  Rescinded.

  History: 2006 AACS; 2008 AACS.


R 340.1724f Due process complaints; procedures.
  Rule 24f. (1) This rule applies only to due process complaints filed on  or 
after July 1, 2006.
  (2) Due process complaints under this rule shall  be  administered  by  the 
department of education.
  (3) A parent, a public agency, or the department of education may  initiate 
a hearing by filing a written due process complaint with  the  department  of 
education as required by 20 U.S.C. §1415(b) and by providing a  copy  of  the 
due process complaint to the other parties.  The  due  process  complaint  is 
properly filed when the department of education  and  the  other  party  have 
received the complaint.
  (4) A hearing may be initiated on matters related to any of the following:
  (a) Identification.
  (b) Evaluation.
  (c) Educational Placement.
  (d) Provision of a free appropriate public education.
  (e) Provision of appropriate Part C services to the child  or  the  child's 
family.
  (f) Assignment of financial obligations for Part C services to the parents.
  (g) Determination that behavior was not a manifestation  of  the  student's 
disability.
  (h) Determination of an appropriate interim alternative educational setting 
by the individualized education program team.
  (i) Placement in an interim alternative setting for not more than 45 school 
days, because maintaining the current placement is  substantially  likely  to 
result in injury to the student or others.
  (5) Upon receipt of a due process complaint, the  department  of  education 
will refer the complaint to the state office of administrative  hearings  and 
rules which will appoint an administrative law judge to conduct a hearing  in 
accordance with the individuals with disabilities education  act,  20  U.S.C.
§1401 et seq., 1976 PA 451, MCL 380.1701 et seq., R 340.1883  to  R  340.1885 
and these rules.
  (6) Any party who is aggrieved by the final decision in a hearing conducted 
under this rule may appeal to a court of  competent  jurisdiction  within  90 
days after the mailing date of the final decision.
  (7) Unless otherwise specified in the administrative law judge's  decision, 
the decision shall be implemented by the public agency within 15 school  days 
of the agency's receipt of the decision.

  History: 2006 AACS; 2008 AACS.


R 340.1724g  Rescinded.

  History: 2006 AACS; 2008 AACS.


R 340.1724h Administrative law judge training.
  Rule 24h. The department of education, in conjunction with the state office 
of administrative hearings and rules, will  assure  that  administrative  law 
judges conducting hearings under these rules  will  be  trained,  as  needed, 
regarding administrative law,  administrative  procedure,  special  education 
law, special education rules, special education policy, and special education 
practice.

 History: 2006 AACS; 2008 AACS.


R 340.1724i Reimbursement.
  Rule 24i. This rule applies only to due  process  complaints  filed  on  or 
after July 1, 2006. For purposes  of  MCL  380.1752,  this  rule  replaces  R 
340.1882(4), which was rescinded.  The district of residence or public school 
academy shall reimburse the State 75% of the costs related to  providing  the 
due process hearing.

  HHistory: 2006 AACS; 2008 AACS.


R 340.1725   Rescinded.

  History:  1979 AC; 1980 AACS; 1987 AACS; 1994 AACS; 1995 AACS; 2002 AACS.


R 340.1725a  Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1725b  Rescinded.

  History:  1980 AACS; 1987 AACS; 1990 AACS; 2002 AACS.


R 340.1725c  Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1725d  Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1725e  Hearing  officer  or  state  reviewing  official;   duties   and 
authority.
  Rule 25e. (1) The hearing  officer  or  state  reviewing    official    has 
the authority to do all of the following:
  (a) Administer oaths and affirmations.
  (b) Sign  and  issue  subpoenas  requiring  the  attendance   and    giving 
of testimony by witnesses and the production of documents.
  (c) Provide for the taking of testimony.
  (d) Require a prehearing conference, if appropriate,  to    consider    and 
take action regarding any of the following:
  (i) The formulation and simplification of the issues.
  (ii) Admissions of fact and documents that will avoid unnecessary testimony.
  (iii) The need and scheduling for the filing  of  motions,   briefs,    and 
dates for further conferences and the hearing.
  (iv) Settlement, which may include encouraging  the  use  of  mediation  or 
other alternative dispute resolution options.
  (v) The filing and disposition of requests or motions.
  (vi)  Establishing  a  reasonable  limit  on   the   time    allowed    for 
presenting evidence.
  (vii) Other matters as may facilitate the disposition of the hearing.
  (e) Control the conduct of parties or participants in  the   hearing    for 
the purpose of assuring an orderly procedure.
  (f) Grant a specific extension of time at the request of    either    party 
for good cause.
  (2) The hearing officer shall disclose to both parties any relationship  of 
a professional or personal nature that might  have   a   bearing    on    the 
hearing officer's ability to conduct a fair hearing or render  an   impartial 
decision and shall consider motions to disqualify himself or herself.
  (3) The hearing officer may admit  and  consider  evidence  of    a    type 
commonly relied upon by reasonably prudent persons in the conduct  of   their 
affairs.
Irrelevant, immaterial, and unduly  repetitious  evidence  may  be  excluded.
Effect shall be given to the rules of privilege recognized by law.

  History:  1987 AACS; 1994 AACS; 2002 AACS.


R 340.1725f  Surrogate parent.
  Rule 25f. Each  public  agency  shall  appoint  persons   to    serve    as 
surrogate parents in  accordance  with  procedures  approved  by  the   state 
board  of education.

  History: 2002 AACS.


                                 PART 3.
                  ADMINISTRATION OF PROGRAMS AND SERVICES


R 340.1731   Rescinded.

  History:  1979 AC; 1980 AACS.


R 340.1732   Designation of residency.
  Rule 32. (1) A student with a disability  is  a  resident  of   1    school 
district in which the student has enrolled, and in which at least 1  of   the 
student's parents resides. If the parents are legally separated  or  divorced 
and  reside in different school districts, then the student with a disability 
may  enroll in 1  of  the  school  districts  where  either  parent  resides, 
regardless  of  the school district of  residence  of  the   parent    having 
custody.  The  school district in which the student has   enrolled    remains 
the  student's  resident school district when either of the following occurs:
  (a) The student with  a  disability  sleeps,  keeps    personal    effects, 
and regularly lodges in a school district other than the school  district  in 
which a parent resides, for an educational purpose, not for  the  purpose  of 
securing a suitable home.
  (b) The student with a disability is lodged in a  school   district   other 
than the school district in which a parent  resides  as  directed    by    an 
agency  or institution under the auspices  of  a  court,  the  department  of
 community health, or the family independence agency in a facility  such   as 
a  private home, group home, or a private or public institution.
  (2) Both of the following situations are  exceptions  to   the   provisions 
of subrule (1) of this rule:
  (a) If a  guardian  has  been  appointed  to  provide  the  student  with a 
disability with a suitable education, then the student is a resident   of the 
school district in which the guardian resides.
  (b) If the student with a disability is under the control or  custody    of 
the family division of circuit court and is a ward of the state,    has    no 
living parent or guardian, or the parents reside out of the state,  then  the 
student is a resident of the school district in which the family division  of 
circuit court is located.
  (3) A student with a disability who is not covered in subrule (1)  or   (2) 
of this rule is  a  resident  of  the  school   district   in    which    the 
student habitually sleeps, keeps personal effects, and has a regular place of 
lodging for the purpose of securing a suitable home and  not  solely  for  an 
educational purpose.
  (4) Notwithstanding the provisions of subrules (1), (2),   and    (3)    of 
this rule, all  of  the  following  provisions  apply  when    the    student 
with  a disability is placed under the  order  or  direction  of   a    court 
or  child placement agency and is lodged in  a  state  institution,  licensed 
foster  home, licensed nursing home, or licensed group residential facility:
  (a) The school district in which  the  institution,  home,   or    facility 
is located shall provide for the delivery  of  special   education   programs 
and services to the student with a disability under section 1751 of  1976  PA 
451, MCL 380.1751.
  (b) The student with a disability shall be deemed to be a    resident    of 
the school district for the purpose of record maintenance  required  by  1976
 PA 451, MCL 380.1757.
  (c) For all other purposes,  including  funding,  the  student's  residence 
shall be determined under subrules (1), (2), and (3) of this rule.
  (5) If a disagreement occurs between 2 or more school  districts   as    to 
the residency of  a  student  with  a   disability,   then   all    of    the 
following procedures apply:
  (a) Notice shall be sent to the department by a  school  district  involved.
The notice shall include all of the following information:
  (i) The names of all of the school  districts  alleged  as    a    resident 
school district.
  (ii) The name of the student involved.
  (iii) The name and address of the parent or  guardian,  or    address    of 
the student if the student is over 18 years of age.
  (b) The department or  its  representative  shall  immediately  notify  the 
school districts involved and the parent, guardian,  or  student    of    the 
receipt  of notice of disagreement.
  (c) Within 7 calendar days of receipt of notice  from    the    department, 
all parties shall provide the  department  with  a  written   statement    of 
their position and supporting facts.
  (d) Within  14  calendar  days  of  the  receipt  of  a   notice    of    a 
disagreement from a school district, the  department  shall  investigate  the 
matter, consider information received from the parties involved, and  make  a 
determination  as to the residency of  the   student.   A   copy    of    the 
determination  shall  be immediately sent to each party involved.
  (e) Upon a written demonstration of just cause by any    party    involved, 
the state board of education or its designee may extend the time  limits  set 
forth in this subrule.

  History:  1979 AC; 1980 AACS; 2002 AACS.


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  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 have at least the same  average  number  of  square   feet 
per student, 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 have students under 16   years    of    age 
shall  not exceed a 6-year age span at any 1 time.
  (c) All other special education programs which  have  students   under   16 
years of age and which are operated in  separate   facilities    shall    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 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 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.    The 
term   "nondisabled"  shall  not  include  persons  participating  in   adult 
education programs.
  (f) Programs for  students  with  severe  cognitive   impairment,    severe 
multiple impairments, and moderate cognitive  impairment  shall  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 individualized education program.
  (h) Intermediate school  districts,  local   school    districts,    public 
school academies, or a combination of such  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  services.  Professional  special  education  personnel,   a 
transition coordinator, or both, shall coordinate transition services.
  (i) For worksite-based learning, a written agreement/plan    is    required 
and  shall  be  signed  by  the  student,  parent,   school,   and   worksite 
representative.
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.
The superintendent of the school district shall designate a staff  member  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 R 340.1738,   R   340.1739, 
and R 340.1748 shall  be  provided  when  assigned  instructional  aides  are 
absent. In addition, teacher aides specified in R  340.1739  and  R  340.1740
 shall  be provided when assigned teacher aides are absent.
  (k)  Secondary   special   education   teachers    shall    teach    either 
special education courses approved for graduation by the   local    education 
agency  or special education courses within  an  approved  special  education 
curriculum.

  History:  1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1995 AACS;  2002  AACS; 
2004 AACS.


R 340.1734   Deviations from rules.
  Rule  34.  (1)  A   deviation   from   these     rules     shall     follow 
board-approved procedures and be requested, in writing, from the state  board 
of education or its designee by  an  intermediate  school   district,   local 
school  district,  or public school academy  that  operates   or    contracts 
for  special  education programs and services. A copy of the request shall be 
filed concurrently with the intermediate school district  in  which  affected 
students  with  disabilities  reside  and  all  local   constituent    school 
districts  in  which  the  affected students with disabilities reside. A copy
 of  the  request  shall  be  filed concurrently  with  the  parent  advisory 
committee of  the  intermediate  school district that requests the  deviation 
and the parent advisory committee of  any  intermediate  school  district  in 
which  affected  students  with  disabilities reside.
  (2) Within 7 days of  receipt  of  the  request,  the  intermediate  school 
district shall  review  and  inquire  into  the  request  and   shall   file, 
with  the department, its  position  regarding  the  appropriateness  of  the 
request and its objections to, or endorsement of, the request, together  with
 the  rationale regarding its position.
  (3) The state board of education or  its  designee  shall  initiate  action 
within 30 calendar days of receipt of  the  request.  The  board    or    its 
designee  may grant the request, in writing,  for  a  period  not  to  extend 
beyond the  end  of the current school year  and  upon   such    terms    and 
conditions  as  it  shall specify  only  when,  in  its  judgment,  the  best 
interests of the  students  with disabilities affected by the  deviation  are 
served and good cause is shown.
  (4) A deviation shall not be granted when the intent of the  deviation   is 
to exclude a student with a  disability  from,  or  deny  a  student  with  a 
disability participation in, a special education program or service  that  is 
required.
  (5) A program deviation that is granted by the state board   of   education 
or its  designee  is  public  information.    The    affected    intermediate 
school districts, constituent local school districts,  or    public    school 
academies shall inform their involved personnel of granted   deviations    in 
any  manner  they  deem  appropriate.  At  a  minimum,  the  parent  advisory 
committee  shall  be informed of the disposition of the request.
  (6) A deviation shall not  be  requested  for  the  purpose   of   avoiding 
or postponing corrections directed by the department under part  8  of  these 
rules.
  (7) If a final decision to deny a deviation request  is  made,   then   the 
school district that makes the  request  shall  correct  the  condition  that 
precipitated the request and shall  forward  to  the  department,  office  of 
special  education and early intervention services, within 30 school days  of
 the  denial,  its assurance that the matter is now in  compliance  with  the 
respective rule.
  (8) Nothing in this  rule  or  any  other   provision   of    statute    or 
regulation shall permit the state board of education  to  waive  any  of  the 
requirements of Part B of the individuals with disabilities  education   act, 
as  amended,  20 U.S.C. §1400 et seq.

  History: 1979 AC; 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS.


R 340.1735   Rescinded.

  History:  1979 AC; 1980 AACS.


R 340.1736   Rescinded.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1737   Rescinded.

  History:  1979 AC; 1980 AACS; 1983 AACS; 2002 AACS.


R 340.1738 Severe cognitive impairment program.
  Rule 38. A severe cognitive impairment program shall be operated as follows:
  (a) There shall be 1 teacher and 2 instructional aides for a maximum of  12 
students. The maximum number  of  students  may  be  extended  to  15  if  an 
additional  instructional  aide  is  assigned  with  the  placement  of   the 
thirteenth student.  At least 1 full-time teacher and 1 full-time aide  shall 
be employed in every severe cognitive impairment program.
  (b) A severe cognitive impairment program shall consist of either:
  (i) A minimum of 200 days and 1,150 clock hours of instruction.
  (ii) A minimum of 1,150 hours of instruction with no  breaks  greater  than 
two weeks.
  (c) The first 5 days when pupil instruction  is  not  provided  because  of 
conditions not within the control  of  school  authorities,  such  as  severe 
storms, fires, epidemics, or  health  conditions  as  defined  by  the  city, 
county, or state health authorities,  shall  be  counted  as  days  of  pupil 
instruction.  Subsequent  days  shall  not  be  counted  as  days  of   pupil 
instruction.
  (d) Any decision on whether the child  shall  participate  in  the  program 
beyond the regular school year established by the operating district must  be 
made on an individual basis by the individualized education program team.
  (e) Teachers shall be responsible for the instructional program  and  shall 
coordinate the activities of aides and supportive professional personnel.
  (f) Instructional aides shall work under the supervision of the teacher and 
assist in the student's daily training program.
  (g) Program assistants may assist the teacher and the  instructional  aides 
in the feeding, lifting, and individualized care of students.
  (h) A registered nurse shall be reasonably available.

  History:  1979 AC; 1980 AACS; 1987 AACS: 1989 AACS; 2002 AACS; 2008 AACS.



R 340.1739   Programs for students with moderate cognitive impairment.
  Rule 39. Programs for students with moderate cognitive  impairment    shall 
be operated as follows:
  (a) There shall be 1 teacher and  1  teacher  aide  for  a  maximum  of  15 
students.
  (b) There shall be 1 lead teacher and a maximum of  3  instructional  aides 
for a maximum of 30 students, with not more than 10 students for each aide.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1740   Programs for students with mild cognitive impairment.
  Rule 40. Programs for students  with  mild  cognitive   impairment    shall 
be operated as follows:
  (a) Elementary programs for students  with  mild    cognitive    impairment 
shall serve not more than  15  different  students.  When    an    elementary 
program  for students with mild cognitive impairment has 12 or more  students 
in  the  room at one time, an aide shall be assigned to the program.
  (b) Secondary programs for students with mild  cognitive  impairment  shall 
have not more than 15 different students in the classroom at any one time and
 the teacher shall be responsible for the educational  programming  for   not 
more than 15 different students.

  History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1741   Programs for students with emotional impairment.
  Rule 41. Programs for students with emotional  impairment  shall  have  not 
more than 10 students in the classroom at any one  time,  and   the   teacher 
shall  be responsible for the educational programming for not more  than   15 
different students.

  H History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1742   Programs for students with hearing impairment.
  Rule 42. Programs and services for students with hearing  impairment  shall 
be operated as follows:
  (a) A special class with 1 teacher shall have an  enrollment  of  not  more 
than 7 students.
  (b) Group amplification devices deemed  necessary  for    instruction    by 
the individualized education program team shall be provided.    The    public 
agency shall ensure that the amplification devices worn by  hearing  impaired 
children in school are functioning properly.

   History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1743   Programs for students with visual impairment.
  Rule 43. Programs and services for students with visual  impairment   shall 
be determined by the severity and multiplicity  of   the    impairments.    A 
special class with 1 teacher shall have an enrollment of not  more  than  the 
equivalent  of  8  full-time  students,   and   the    teacher    shall    be 
responsible  for  the educational programming for not more than 10  different 
students.  The  public agency shall ensure that low  vision  aids,  excluding 
prescription eye glasses, are available and functioning properly.

  History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1744   Programs for students with physical   impairment    or     other 
health impairment.
  Rule 44. (1) Programs for students  with  physical  impairment   or   other 
health impairment shall have not more than 10 students in the  classroom   at 
any  one time, and the teacher shall be responsible for    the    educational 
programming for not more than 15 different students.
  (2) Special classroom units serving  students  with  physical   or    other 
health impairment shall provide not less than 60 square   feet    of    floor 
space  per person.

  History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1745   Services for students with speech and language impairment.
  Rule 45. All of the  following  provisions  are    specific    requirements 
for speech and language services:
  (a) The speech and language services provided by an  authorized    provider 
of speech and language services shall be based on the needs of a student with
 a disability as determined by the individualized education   program    team 
after reviewing a diagnostic report provided by an authorized   provider   of 
speech and language services.
  (b) The determination of caseload size  for  an  authorized   provider   of 
speech and language services shall be made  by  the  authorized  provider  of 
speech  and language services in  cooperation  with  the  district   director 
of  special education, or his or her designee, and the building principal  or
 principals of the school or schools in which the students  are   enrolled.
Caseload  size shall be based upon  the  severity  and  multiplicity  of  the 
disabilities and the extent of the service  defined   in    the    collective 
individualized  education programs of the students  to  be  served,  allowing 
time for all of the following:
  (i) Diagnostics.
  (ii) Report writing.
  (iii) Consulting with parents and teachers.
  (iv) Individualized education program team meetings.
  (v) Travel.
  (c) Individual  caseloads  of  authorized   providers   of    speech    and 
language services shall not exceed 60 different persons and shall be adjusted 
based on factors identified in subdivision (b) of this rule.  Students  being 
evaluated shall be counted as part of the caseload.
  (d) An authorized provider of speech and language impaired  services  shall 
be either a teacher of students with speech  and  language  impairment  under
 R 340.1781, R 340.1782, and R 340.1796, or a person with a master's  degree, 
as qualified under R 340.1792.

   History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1746   Homebound and hospitalized services.
  Rule 46. The following homebound and hospitalized services are required:
  (a) Homebound 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.
  (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.
  (c) A special  education  teacher  employed  for  homebound   or   hospital 
services, or for a combination of these services, shall be assigned not  more
 than  12 students at any 1 time.
  (d) Students receiving homebound  or  hospital  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.
  (f) Homebound and  hospitalized  services  shall  not  be  substituted  for 
special education programs. Instead, the service  provider  shall   endeavor, 
to  the extent  appropriate,  to  present  curricular    experiences    which 
are  being provided in the program where the student is currently enrolled.

  History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS.


R 340.1747   Programs for students with specific learning disabilities.
  Rule 47. Programs for students  with   specific    learning    disabilities 
shall have not more than 10 students in the classroom at  any    one    time, 
and  the teacher shall be responsible for the educational   programming   for 
not  more than 15 different students.

  History:  1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1748 Severe multiple impairments program.
  Rule 48. (1) A severe multiple impairment program shall consist of at least 
1 teacher and 2 instructional aides for a maximum of 9 students.  At least  1 
full-time teacher and 1 full-time aide shall  be  employed  in  every  severe 
multiple impairments program.
  (2) A severe multiple impairments program shall consist of either:
  (a) A minimum of 200 days and 1,150 clock hours of instruction.
  (b) A minimum of 1,150 hours of instruction with no breaks greater than two 
weeks.
  (3) The first 5 days when pupil instruction  is  not  provided  because  of 
conditions not within the control  of  school  authorities,  such  as  severe 
storms, fires, epidemics, or  health  conditions  as  defined  by  the  city, 
county, or state health authorities,  shall  be  counted  as  days  of  pupil 
instruction.   Subsequent  days  shall  not  be  counted  as  days  of  pupil 
instruction.
  (4) Any decision on whether the child  shall  participate  in  the  program 
beyond the regular school year established by the operating district must  be 
made on an individual basis by the individualized education program team.
  (5) A registered nurse shall be reasonably available.

  History:  1979 AC;  1980 AACS; 1987 AACS; 1989 AACS; 2002 AACS; 2008 AACS.


R 340.1749   Teacher consultant; caseload; responsibilities.
  Rule 49. (1) The teacher consultant for special education  shall  do  1  or 
more of the following:
  (a) Provide instructional services  to  students  who  are   enrolled    in 
special education programs. Instructional services  are  supportive  of   the 
special education teacher. A teacher consultant shall not grade, give  credit 
for,  or teach a general education or a special education subject, class,  or 
course.
  (b) Provide instructional services to a student   whose    disability    is 
such that the student may be  educated   effectively   within    a    general 
education classroom if this service is provided to the student. Instructional
 services are supportive  of  the  general  education  teacher.  The  teacher 
consultant shall not grade, give credit for, or  teach  a  general  education 
subject,  class,  or course.
  (c) Provide consultation to education personnel on  behalf   of    students 
with disabilities on the consultant's caseload.
  (d) Work as a member of a multidisciplinary evaluation team  to  assist  in 
the evaluation of  the  educational  needs  of  persons  suspected  of  being 
disabled.
  (2) The teacher consultant shall carry an active caseload of not more  than 
25 students with disabilities. All students served  under  this  rule   shall 
be  counted  as  part  of  the  caseload.  In  establishing   the   caseload, 
consideration shall be given to time for all of the following:
  (a) Instructional services.
  (b) Evaluation.
  (c) Consultation with special and general education personnel.
  (d) Report writing.
  (e) Travel.
  (3)  The  teacher  consultant  shall  not  serve    in    supervisory    or 
administrative roles.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1749a   Elementary level resource program.
  Rule 49a. (1) A special education elementary level resource  program    may 
be provided by a special education teacher.
  (2) The elementary resource teacher shall serve not more than  10  students 
at any 1 time and not more than 18 different students and  shall  do   either 
or both of the following:
  (a)  Provide   direct   instruction   to   students   on    the    resource 
teacher's caseload and  may  assign  grades  or  other  evaluative   measures 
for  this instruction.
  (b) Provide support to the general  education   classroom    teachers    to 
whom special education students on  the  resource  teacher's  caseload   have 
been assigned. Time shall be allocated to the resource teacher to carry   out 
this responsibility.
  (3) The elementary resource teacher may provide  supplemental   instruction 
to students on his or her caseload.
  (4) The elementary  resource  teacher  may  evaluate   general    education 
students within the same  building  who   are   suspected   of    having    a 
disability  and, therefore, may  serve  on  the   initial   multidisciplinary 
evaluation   team.   The  resource  teacher  shall  be  responsible  for  the 
evaluation of not more  than  2 students at 1 time. Time shall  be  allocated 
to the resource teacher to  carry out this responsibility.
  (5) If the special education teacher to whom the student is  assigned  does 
not have an endorsement in the area which matches the student's   disability, 
the individualized  educational  program  team  shall    determine    if    a 
teacher consultant  with  such   credentials   is    needed    to     provide 
consultation, resources, and support services to the resource teacher.

  History:  1987 AACS; 2002 AACS; 2004 AACS.


R 340.1749b   Secondary level resource program.
  Rule 49b. (1) A special education secondary level resource   program    may 
be provided by a special education teacher.
  (2) A secondary resource teacher shall serve not more than 10  students  at 
any 1 time and have a caseload of not more than 20 different  students    and 
shall do either or both of the following:
  (a) Provide direct instruction for special education    courses    approved 
for graduation by the local educational agency. The teacher may assign grades
 or other evaluative measures for this instruction.
  (b) Provide support to the general  education   classroom    teachers    to 
whom special education students on the resource room teacher's caseload  have 
been assigned. Time shall be allocated to the resource teacher to carry   out 
this responsibility.
  (3) The secondary resource teacher may provide   supplemental   instruction 
to students on his or  her   caseload   who   are   enrolled    in    general 
education classes. The teacher shall not teach a  class  and  offer  tutorial 
assistance at the same time.
  (4) If the special education teacher to whom the student is  assigned  does 
not have an endorsement in the area which matches the student's   disability, 
the individualized  educational  program  team  shall    determine    if    a 
teacher consultant  with  such   credentials   is    needed    to     provide 
consultation, resources, and support services to the resource teacher.

 History:  1987 AACS; 2002 AACS; 2004 AACS.

R 340.1749c  Departmentalization of special education programs.
  Rule 49c. (1) A school with  more  than  1  special    education    teacher 
may departmentalize.
  (2) Each teacher shall teach only  1  local  education   agency    approved 
special education course per period.
  (3) Each teacher may serve more than the students  assigned  to   his    or 
her caseload; however, the total number of  students  served  cannot   exceed 
the combined caseloads of the participating teachers.
  (4) Each teacher shall serve not more than an  average  of   10    students 
per class period per instructional day.

  History:  1987 AACS; 2002 AACS.


R 340.1750   Director of special education.
  Rule 50. (1) Local school  districts  or  public  school   academies    may 
employ, or contract for the services of,  a   not   less    than    half-time 
director  of special education under the intermediate school district plan.
  (2) Each intermediate school district  shall  employ,  or   contract    for 
the services of, a full-time director of special education.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1751   Supervisor of special education.
  Rule  51.  (1)  A  local  school  district,  public  school   academy,   or 
intermediate school district may employ a supervisor of   special   education 
instructional programs. The person shall be employed not less than half-time.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1752   Rescinded.

  History:  1979 AC; 1980 AACS; 1987 AACS.


R 340.1753   Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1754   Early childhood special education programs.
  Rule 54. All of the following  provisions  are  specific  requirements  for 
early  childhood  special  education  programs  for   young   children   with 
disabilities  or developmental delay:
  (a) An early childhood special education   program   with    an    approved 
early childhood special education teacher may be provided to  young  children
 with disabilities or developmental delay who are 2 1/2  through   5    years 
of  age based upon the child's  individual  needs  as  specified    by    the 
individualized education program  team.  Early  childhood  special  education
 programs  may include children under 2 1/2 years of age as specified by  the 
individualized education program team.
  (b) The program shall be available for a minimum of 360 clock   hours   and 
144 days  of  instruction.  If  a  preschool-aged  child  with  a  disability
 or developmental delay is placed in a nonspecial  education  program,   then 
the individualized  education  program  team  shall   consider    the    need 
for consultation by an early childhood special education teacher.
  (c) The program shall have not more than 12 students for  1  teacher  and 1 
aide at any one time, and the  teacher  shall  have  responsibility   for the 
educational programming for not more than 24 different students.
  (d)  Early  childhood  special   education   programs    shall    have    a 
parent participation and education component.

  History: 1980 AACS; 1982 AACS; 2002 AACS.


R 340.1755   Early childhood special education services.
  Rule 55. All of the following  provisions  are  specific  requirements  for 
early  childhood  special  education  services  for   young   children   with 
disabilities  or developmental delay in family and community settings:
  (a) Services shall be   provided   by   an   approved    early    childhood 
special education  teacher  or  approved  related  services  staff  to  young 
children  birth through age 5 based upon the child's individual   needs    as 
specified   by   the  individualized     education     program     or     the 
combined    individualized education/family service plan,  as  appropriate.
Approved  related  services staff shall work  under  the  supervision  of  an 
approved early childhood special education teacher.
  (b) Services shall be provided for a minimum of 2 hours per    week,    but 
not less than 72 clock hours within 180 school days. Services may be provided
 in appropriate early childhood community or family settings.
  (c)  Early  childhood  special   education   services    shall    have    a 
parent participation and education component.

  History:  1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1756   Programs for students with severe language impairment.
  Rule 56. (1) A public agency  may  establish  programs  for  students  with 
severe language impairment. Specific requirements for these programs  are  as 
follows:
  (a) A program for students with severe language impairment  conducted  by a 
teacher of programs for students with  speech   and    language    impairment 
shall serve only  young  children  with   disabilities    or    developmental 
delay  or elementary students with severe language impairment.
  (b) The program shall have not more than 10 students  or   young   children 
with speech and language impairment in the  classroom  at  any  1  time,  and
 the teacher shall have responsibility for the  educational  programming  for
 not more than 15 different children.

  History: 1980 AACS; 1983 AACS; 2002 AACS; 2004 AACS; 2005 AACS.


R 340.1757   Students  placed  in  juvenile   detention   facilities;   other 
educational services.
  Rule 57. All of the  following  provisions  are    specific    requirements 
for educational services conducted  for   students   placed    in    juvenile 
detention facilities:
  (a) Programs shall be initiated within 5 calendar days after admission.  If 
a student placed in a juvenile detention facility  is  suspected  of   having 
a disability, then the procedure outlined in part 2 of  these   rules   shall 
be immediately followed.
  (b)  Notification  of  educational  placement   shall    be     sent     to 
the superintendent of the district of residence within 5 school  days   after 
the date of entry of a  student  into  the   educational   program    in    a 
juvenile detention facility.
  (c) Subject to applicable federal privacy  protections,  education  reports 
for each student educated in a juvenile  detention  facility  shall  be  sent
 by certified mail to the superintendent  of  the  district   of    residence 
within  5 school days from the date of release from the facility.
  (d)  Special  education  reimbursed  personnel  may   provide   educational 
services for students who do not have disabilities and who are placed in  the 
facility, if the programs comply with both of the following provisions:
  (i) They are under the supervision of a teacher  approved  in   the    area 
of emotional impairment.
  (ii) They have not more than 10 students in a class at any 1 time.

  History:  1980 AACS; 2002 AACS; 2005 AACS.


R 340.1758   Programs for students with autism spectrum disorder.
  Rule 58. (1) Specific requirements  for  programs   for    students    with 
autism spectrum  disorder  shall  be  provided  using   either     of     the 
following alternatives:
  (a) Programs that consist of 1  classroom  program  for    students    with 
autism spectrum disorder shall not have more than 5  students  and  shall  be 
served  by a teacher of students with autism  spectrum   disorder.   However, 
programs  that consist of more than  1  classroom  may  have  more   than   5 
students  in  a classroom, if the average  student-to-teacher-and-aide  ratio 
does not exceed 5 students to 1 teacher and 1 aide. A  classroom  with  3  or 
more  students  shall have 1 aide.
  (b) A  special  education   program   described   in    the    intermediate 
school district plan set forth in R 340.1832(d) and approved by   the   state 
board  of education that assures the provision of educational programming for
 students with autism spectrum disorder.

  History:  1983 AACS; 2002 AACS; 2004 AACS.


                                PART 4.
               QUALIFICATIONS OF DIRECTORS AND SUPERVISORS

R 340.1771  Director  of  special   education;   education   and   experience 
requirements.
  Rule 71. (1) For full approval,  a  director  of  special  education  shall 
possess all of the following minimum qualifications:
  (a) A master's degree or higher.
  (b) Full approval in at least 1 area of special education.
  (c) Three years  of  successful  professional  practice  or  administrative 
experience in special education, or a combination of practice and experience.
  (d) Thirty semester or equivalent hours of graduate credit and a successful 
200-clock-hour  practicum  in  special  education  administration.   Graduate 
credit shall be earned in a college or  university  whose  program  has  been 
approved  by  the  state  board  of  education  and  shall   be   distributed 
appropriately to assure  knowledge  and  competency  as  related  to  special 
education in all of the following areas:
  (i) Program development and evaluation.
  (ii) Personnel staffing, supervision, and evaluation.
  (iii) Verbal and written communication.
  (iv) Leadership of professional development.
  (v) Budget development and fiscal reporting.
  (vi) Fostering parental, family, and community involvement.
  (vii) Consultation and collaboration.
  (viii) Dispute resolution.
  (ix) Data-based decision-making.
  (x) Conflict management.
  (xi) Legal and ethical issues.
  (e) Verification from a college or university approved for the  preparation 
of special education directors.
  (2) A director of special education who  has  full  approval  status  shall 
maintain full approval status indefinitely.
  (3) For temporary approval, a director of special education  shall  possess 
all of the following minimum qualifications:
  (a) A master's degree or higher.
  (b) Full approval in at least 1 area of special education.
  (c) Three years  of  successful  professional  practice  or  administrative 
experience in education, or a combination of practice and experience.
  (d) Twelve semester or equivalent  hours  of  graduate  credit  in  special 
education administration. Graduate credit shall be earned  in  a  college  or 
university whose program has been approved by the state board of education.
  (e) The college or university  approved  for  the  preparation  of  special 
education directors shall  verify  enrollment  in  the  director  of  special 
education preparation program and completion of  12  semester  or  equivalent 
hours of graduate credit.
  (4) Continuation of temporary approval is dependent upon  the  satisfactory 
completion of not less than 6 semester or equivalent hours of required credit 
toward full approval before the beginning of the next school year.
  (5) Any person who has completed all program requirements in effect  before 
the effective date of these rules shall be eligible for full  approval  as  a 
director of special education.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1772  Supervisor  of  special  education;  education   and   experience 
requirements.
  Rule 72. (1) For full approval, a supervisor  of  special  education  shall 
possess all of the following minimum qualifications:
  (a) A master's degree or higher.
  (b) Full approval in at least 1 area of special education.
  (c) Three years of successful experience in special education.
  (d) Twelve semester or equivalent hours of graduate credit in a college  or 
university whose program has been approved by the state board of education.
Graduate credit shall be distributed appropriately to  assure  knowledge  and 
competency as related to special education in all of the following areas:
  (i) Curriculum and instruction.
  (ii) Administrative procedures.
  (iii) Personnel supervision and evaluation.
  (iv) Communication skills.
  (v) Leadership of professional development.
  (vi) Facilitation of effective instruction.
  (vii) Data-based program improvement.
  (viii) School law and policy.
  (ix) Parental and family collaboration.
  (e) Verification from a college or university approved for the  preparation 
of special education supervisors.
  (2) A supervisor of special education who has full  approval  status  shall 
maintain full approval status indefinitely.
  (3) For temporary approval, a supervisor of special education shall possess 
all of the following minimum qualifications:
  (a) A master's degree or higher.
  (b) Full approval in at least 1 area of special education.
  (c) Three years of successful experience in special education.
  (d) Verification from a college or university approved by the  state  board 
of education for preparation of special education supervisors  of  enrollment 
in the supervisor of special education program.
  (4) Continuation of temporary approval is dependent upon  the  satisfactory 
completion of not less than 6 semester or equivalent hours of required credit 
toward full approval before the beginning of the next school year.
  (5) Any person who has completed all program requirements in effect  before 
the effective date of these rules shall be eligible for full  approval  as  a 
supervisor of special education.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1773   Rescinded.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1774   Out-of-state  applicants   for   supervisor     or     director; 
temporary approval.
  Rule 74. An applicant for temporary approval as a supervisor  or   director 
of special education who has  been  educated   in   another    state    shall 
present evidence of  fulfilling  all  of  the  requirements  established  for 
applicants who have been educated  in  approved   Michigan    colleges    and 
universities.  The  department   shall   establish   procedures    for    the 
temporary   approval   of out-of-state applicants as supervisors or directors 
of special education.

  History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


                              PART 5.
           QUALIFICATIONS OF TEACHERS AND OTHER PERSONNEL


R 340.1781   Teachers of students with disabilities; endorsement requirements.
  Rule 81. (1) A teacher seeking an endorsement or  full  approval   by   the 
state board  of  education  or  its  designee  shall  meet   all    of    the 
following requirements, in conjunction with  those   of   R    340.1782,    R 
340.1786  to  R 340.1788, R  340.1790,  R  340.1795  to  R  340.1797,  and  R 
340.1799 to R 340.1799c, before being employed by  an   intermediate   school 
district, local school district,  public  school  academy,  or  other  agency 
operating special education programs and services:
  (a) The requisite knowledge, understanding,  skills,    and    dispositions 
for effective practice related to all of the following:
  (i)  Utilizing  research-based  models,  theories,  and  philosophies   for 
teaching students with an array of disabilities within different placements.
  (ii) Assessing students with disabilities for identification and teaching.
  (iii)  Implementing  accommodations  and   modifications   for   classroom, 
district, and statewide assessments.
  (iv) Using assistive  technology  devices  to  increase,    maintain,    or 
improve the capabilities of students with impairments.
  (v)    Communicating,     consulting,      and      collaborating      with 
parents/guardians, paraprofessionals, general   educators,    administrators, 
and  human  services personnel.
  (vi)   Developing,   implementing,    and     evaluating     individualized 
education programs.
  (vii)     Planning,     organizing,     scheduling,     and      conducting 
individualized  education  program  team  meetings,  including  parental  and 
student participation.
  (viii) Preparing students with disabilities for   transitions    consisting 
of preschool to elementary through post-secondary environments and employment.
  (ix) Maintaining, releasing, and transferring student  records    according 
to district, state, and federal rules and policies.
  (x)  Articulating  the  historical  and  legal  bases   regarding   special 
education, such as the concept of  free   appropriate    public    education, 
general  least restrictive environment requirements, and family education and 
privacy rights.
  (b)  Understanding   issues   of   race,    class,    culture,    religion, 
gender, orientation, and language related to subdivision (a) of this subrule.

  History:  1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS; 2005 AACS.


R 340.1782    Endorsed   teachers   of    students     with     disabilities; 
additional requirements.
  Rule 82. An endorsed teacher of students with disabilities,  in    addition 
to meeting the specific requirements in R 340.1786 to R 340.1788, R  340.1795 
to R 340.1797, and R 340.1799 to R 340.1799c,  shall  comply  with   all   of 
the following requirements:
  (a) Possess a valid Michigan teacher's certificate.
  (b) Possess a baccalaureate degree   with   a   major   in    a    specific 
special education area or have earned  credit  in  course   work   equivalent 
to  that required for a major.
  (c) Possess an endorsement in special  education   that   is    valid    in 
grades kindergarten through 12. Elementary  or  secondary   endorsements   in 
special education,  earned  after  September  1,  1990,  shall  be  valid  in
 grades kindergarten through 12.
  (d) Have completed not less than 8 weeks of directed  student  teaching  in 
the specific area of impairment. Not  less  than  a  180-hour  practicum   in 
the specific area of impairment is required for each additional endorsement.
  (e) Be recommended for a  certificate  or  endorsement,  or  both,   in   a 
specific special  education  area  by  an  institution  of  higher  education
 or  the department signifying verification  of  completion  of   a   teacher 
education program for the specific special education area, as   approved   by 
the  state board of education.
  (f) On the effective date   of   these   rules,   persons    approved    as 
special education teachers under  this  rule,  teacher  consultants  under  R 
340.1790, and teachers of preprimary-aged students under  R  340.1795   shall 
maintain  and continue to have their full approval status.

  History:  1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1996 AACS;  2002  AACS; 
2005 AACS.


R 340.1783   Temporarily approved teachers of students with disabilities.
  Rule 83. Under procedures established by the department,   the   department 
may grant temporary approval as  a  teacher  of  students  with  disabilities
 to persons who  hold  a   valid   Michigan   teaching    certificate.    The 
employing superintendent shall certify that the district conducted  a  search 
for  fully qualified personnel and that no certified teacher who  holds  full 
approval  or endorsement for the position was available at the  time  of  the 
assignment.
Continuation of temporary approval shall be dependent upon the   satisfactory 
completion of not less than 6 semester or equivalent hours of required credit 
toward full approval between  August  31  of  the  current  school  year  and 
September 1 of the next school year that the teacher is employed. The  school 
district is not required to conduct a search for a fully qualified teacher in 
successive school years if the candidate meets these requirements. The school 
district is not required to remove a teacher under  temporary  or  continuing 
approval when a fully approved or endorsed teacher becomes available.

  History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1783a  Early childhood special education teacher; full-year permit.
  Rule  83a.  (1)  The  department  may  issue  a  permit  when  a   properly 
certificated teacher, under  R  340.1795,  is  unavailable  for   a   regular 
teaching  assignment for  children  with  disabilities    or    developmental 
delay,  as  defined  in  R 340.1711.
  (2) An application for a permit shall contain evidence that  the  candidate 
has a baccalaureate degree or higher, including 15 semester  or    equivalent 
hours of appropriate professional education credit.
  (3) The permit is effective through June 30 of the school year  for   which 
the permit is issued and may not be renewed for the same individual.

  History: 2002 AACS; 2005 AACS.


R 340.1784   Rescinded.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1785   Rescinded.

  History:  1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS.


R 340.1786   Teachers  of  students  with   cognitive   impairment;   special 
requirements.
  Rule 86. (1) The teacher education program for   teachers    of    students 
with cognitive impairment shall include a  minimum  of   30    semester    or 
equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:
  (a)  The  identification,   classification,   legislation   and   policies, 
historical perspectives, and levels of support for  students  with  cognitive 
impairment.
  (b) The nature and character of  cognitive  impairment  and   its    unique 
impact on the following areas of human development:
  (i) Social.
  (ii) Emotional.
  (iii) Language/communication.
  (iv) Physical.
  (v) Motor.
  (vi) Sensory.
  (vii) Learning, behavior, and health related problems.
  (c)   The   promotion   of   individualized    participation     in     age 
appropriate environments within the school and community.
  (d)  Assessing,  teaching,  and  modifying  instruction    and    curricula 
for students with cognitive impairment related to all of the following:
  (i)  Using  research-based  strategies  and  techniques   for    developing 
language and communication abilities and skills of students  with   cognitive 
impairment to  promote  the  development  of  language,  reading,   writing,
 spelling, calculating, and thinking.
  (ii)  Selecting,  adapting,  and  developing   specialized    or    general 
education curricula,   assessments,   accommodations,    and    instructional 
materials  for students  with  cognitive  impairment  that  is  aligned  with
 the   general curriculum.
  (iii)  Planning  and  implementing   instruction   in    settings    across 
domains,     including      community,      personal/social,       sexuality, 
career/employment,   and leisure/recreation.
  (iv)   Assessing,   implementing,   and   supporting    all    levels    of 
assistive technology for individual students.
  (v)  Developing  and   maintaining    collaborative    relationships    and 
partnerships with parents/families, educators,  administrators,  consultants, 
and  community service providers.
  (vi)  Developing  individualized  goals  for   students   with    cognitive 
impairment   related   to   social   relationships,   cultural    competence, 
self-determination,  and   transitions     to     postsecondary     training, 
career/employment,  and  community integration.
  (e) Issues related  to  cognitive  impairment   theory,    research,    and 
policy, including  definition   and    identification;    legislation     and 
regulations; prereferral,  referral  and   placement;     instruction     and 
assessment   of educational  progress  for    students     with     cognitive 
impairment;   and, collaboration with general education  teachers,  families, 
and  allied  service providers.
  (2) The  30  semester  or  equivalent  hours  shall  be   distributed    to 
prioritize  preparation,  including   pre-student   teaching   practice,   in 
assessing, teaching, and modifying instruction for  students  with  cognitive 
impairment.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS.


R 340.1787   Teachers  of  students  with   emotional   impairment;   special 
requirements.
  Rule 87. (1) The teacher education program for   teachers    of    students 
with emotional impairment shall include 30 semester  or   equivalent    hours 
pursuant to R 340.1781, R 340.1782, and all of the following:
  (a)        The         identification,         etiology,         diagnosis, 
characteristics,  classifications  of   emotional   impairment,     including 
psychiatric  terminology and research-based models.
  (b) The impact of various  factors  upon  the  lives  and    behavior    of 
students with emotional impairment and their  families,  such  as  the  legal
 system, socioeconomic factors,  abuse  and  dependency,  and  mental  health 
disorders.
  (c)  Assessing,  teaching,  and  modifying  instruction    and    curricula 
for students with emotional impairment related to all of the following:
  (i)   Developing,    implementing,    and    evaluating      individualized 
behavior management strategies and plans.
  (ii)  Adapting,  accommodating,  and  modifying   the   general   education 
curricula, pedagogy, and learning environments for  students  with  emotional 
impairment.
  (iii)  Integrating  academic  instruction  and  curriculum  with  affective 
educational strategies for students with emotional impairment.
  (iv)  Collaborating   with   parents   and     service     providers     in 
educational, public, and private agencies to support students with  emotional 
impairment.
  (v)  Assessing  students  with   emotional    impairment    related      to 
collecting indirect and direct data on  academic,  social,   and    emotional 
functioning  of students in  order   to   develop   reports    and    design, 
manage,  and  monitor interventions.
  (d) Research and understand policy issues  regarding  emotional  impairment 
and behavioral disorders  that  impact  identification,   service   delivery, 
outcomes, placement, academic, affective, and behavioral interventions.
  (2) The  30  semester  or  equivalent  hours  shall  be   distributed    to 
prioritize preparation, including pre-student teaching field experiences   in 
assessing, teaching, and modifying instruction related to  subdivisions   (a) 
to  (d)  of this subrule for students with emotional impairment.

  History:  1979 AC; 1980 AACS; 2002 AACS; 2005 AACS.


R 340.1788   Teachers  of  students  with  learning   disabilities;   special 
requirements.
  Rule 88. (1) The teacher education program for   teachers    of    students 
with learning disabilities shall include a  minimum  of  30    semester    or 
equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:
  (a)   The   identification    of    learning     disabilities     including 
diagnostic principles and  practices;  the  etiology   and    characteristics 
of    learning    disabilities;      sociocultural,      linguistic,      and 
environmental     factors   influencing     identification;      and      the 
relationship   between   learning disabilities and other commonly  associated 
conditions.
  (b) The common manifestations of learning  disabilities  across   the   age 
span, including challenges in meeting developmental   milestones    in    the 
preschool years, problems with academic performance  in    literacy,    math, 
and  content areas  across  the  K-12   spectrum,   issues    of    strategic 
performance   and self-determination in older  students,  and  the  interplay 
between cognition and psychosocial functioning.
  (c)  Assessing,  teaching,  and  modifying  instruction    and    curricula 
for students with learning disabilities across the K-12 continuum related  to 
all of the following:
  (i) Administering and adapting formal and informal    assessment    methods 
for the purposes of instructional planning,  and   communicating   assessment 
results to students, their families, and other professionals.
  (ii)  Developing   and   implementing    instructional    and    curricular 
goals; monitoring and reporting the progress related to the unique  needs  of 
students with learning disabilities, including   career/transition   programs 
and  access to adult role models, and use of assistive technology.
  (iii) Fostering competency in the areas of  reading    (word    recognition 
and comprehension), writing  (text  composition  and    revision,    grammar, 
spelling, and  legibility),   mathematical   reasoning    and    calculation, 
listening,  and speaking.
  (iv)  Fostering  study  skills  and  test-taking  skills,  self-management, 
problem solving, reasoning, coping skills, and self-determination.
  (v)   Adapting   and    modifying     general     education      curricula, 
pedagogical approaches, and learning environments for students with  learning 
disabilities.
  (vi) Managing and monitoring the social, emotional, and  behavioral   needs 
of students with learning disabilities in a variety of group settings.
  (d) Issues related  to  learning  disabilities  theory,    research,    and 
policy, including  definition   and    identification;    legislation     and 
regulations; pre-referral,  referral  and   placement;    instruction     and 
assessment   of educational  progress   for    students     with     learning 
disabilities;   and, collaboration with general education teachers, families, 
and  allied  service providers.
  (2) The  30  semester  or  equivalent  hours  shall  be   distributed    to 
prioritize preparation, including pre-student teaching field experiences   in 
assessing, teaching, and modifying instruction related to  subdivisions   (a) 
to  (d)  of this subrule for students with learning disabilities.

  History:  1979 AC; 1980 AACS; 2002 AACS; 2005 AACS.


R 340.1789   Rescinded.

  History:  1979 AC.


R 340.1790 Teacher consultants for students with disabilities.
  Rule 90. In addition to meeting all of the requirements of  R  340.1782,  a 
teacher consultant shall meet both of the  following  requirements  for  full 
approval by the state board of education or its designee:
  (a) Possess a master's degree in education or a field of study  related  to 
special education.
  (b) Show evidence  of  a  minimum  of  3  years  of  satisfactory  teaching 
experience, not less than 2 years of which shall be  teaching  in  a  special 
education program.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1791   Rescinded.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1792   Licensure, certification, or approval of professional personnel.
  Rule 92. Professional  personnel   employed   or   contracted    with    to 
provide related  services  to  students  with    disabilities    shall     be 
licensed, certificated, or registered by a governmental agency or  a  legally 
recognized professional board or association as an indication   of   adequate 
preparation and training, or be recommended  by  a  college   or   university 
offering  an appropriate training program as approved by the state  board  of 
education.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1793   Paraprofessional personnel; qualifications.
  Rule  93.  Paraprofessional  personnel  employed  in   special    education 
programs shall  be  qualified  under  requirements  established   by    their 
respective intermediate school district plan.   Paraprofessional    personnel 
include,  but are not limited to,  teacher  aides,   health    care    aides, 
bilingual  aides, instructional aides, and program assistants  in    programs 
for  students  with cognitive impairment or severe multiple impairments.

   History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1793a  Interpreters for the deaf.
  Rule 93a. An interpreter for the deaf shall be any of the following:
  (a) A certified interpreter as defined in 1982 PA  204,  MCL   393.501   et 
seq., and known as the deaf persons' interpreters act.
  (b) A qualified interpreter as defined in 1982 PA  204,  MCL   393.501   et 
seq., and known as the deaf  persons'  interpreters  act,  who    has    been 
approved  at quality assurance level II or III.
  (c) A high school graduate, or  equivalent,  with  advanced  training  in a 
community  college,   agency,    or    degree-granting    institution.    The 
training programs must be approved by the department.

  History: 2002 AACS.


R 340.1794   Rescinded.

  History: 1979  AC; 1980 AACS; 2002 AACS.


R 340.1795   Early   childhood   special    education    teachers;    special 
requirements.
  Rule 95. (1)  An  early  childhood  special  education  teacher  for  young 
children with disabilities or developmental delay, in addition to meeting the 
specific requirements set forth in R 340.1782, shall possess  either  of  the 
following:
  (a) An early childhood endorsement on the teaching certificate.
  (b) A major or minor in  early  childhood  education  or    child    growth 
and development as recommended by an approved university.
  (2) Only candidates meeting the requirements under  subrule   (1)(b)     of 
this rule are required to be approved by the department.
  (3) As of the effective date of these rules, a teacher who   has   received 
full approval as a teacher of  preprimary  age  impaired  students  shall  be 
deemed  to have full approval  as  an  early  childhood   special   education 
teacher,  if  the teacher possesses a valid Michigan teaching certificate.

  History:  1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.


R 340.1796   Teachers of  students  with  speech  and  language   impairment; 
special requirements.
  Rule 96. (1) A teacher of students  with  speech  and  language  impairment 
shall meet all of the following requirements:
  (a) An earned master's degree in speech and language pathology.
  (b) A minimum of 60 semester or  equivalent  hours  of   academic    credit 
in normal aspects of  human   communication,   development    thereof,    and 
clinical techniques for evaluation and management of  speech   and   language 
disorders distributed as follows:
  (i) A minimum of 12 semester or equivalent hours in   courses    pertaining 
to normal development of speech, language, and hearing.
  (ii)  A  minimum  of  30  semester  or  equivalent  hours  in    courses on 
communication disorders  and   evaluation   and   management    of    speech, 
language, and hearing disorders. Of these 30 semester or  equivalent   hours, 
24  hours shall be in speech and language pathology  and  6  shall   be    in 
audiology.  Not more than 6 of the 30 semester or  equivalent  hours  may  be 
earned for clinical practicum.
  (iii) A minimum of 30 semester or equivalent hours that are acceptable on a 
graduate level, of which 21 hours shall be  within   the   group    specified 
under paragraph (ii) of this subdivision.
  (c) A minimum of 300 clock hours of   supervised    practicum    experience 
with persons who present  a  variety  of  communication  disorders,   to   be 
acquired  in conjunction with academic training, 150 hours of which shall  be 
obtained  at the graduate level.
  (2) The state board of education or its  designee  shall  approve   as    a 
teacher of students with speech and language impairment  a  person   who   is 
employed  or approved as a teacher  of  students  with  speech  and  language 
impairment  before the effective date of these rules.
  (3) A teacher of students with speech and  language   impairment   assigned 
to programs for students with  severe  language  impairment,  as  defined  in
 R 340.1756, shall be certified at the elementary level.

  History:  1980 AACS; 2002 AACS.


R 340.1797   Teachers  of  physical  education    for      students      with 
disabilities; special requirements.
  Rule  97.  A  teacher  of  physical   education    for    students     with 
disabilities shall possess a valid Michigan teaching certificate   with    an 
endorsement  in physical education, special education,  or  both,  and  shall 
complete all of the following:
  (a) A minimum of 9  semester  or  equivalent  hours  in  special  education 
courses leading to the acquisition of all of the following competencies:
  (i) Knowledge of the causes of various  disabilities  and  the  effects  of 
those conditions on learning.
  (ii)  Ability  to  assess  physical  education   skills   of    individuals 
exhibiting various disabilities.
  (iii)  Knowledge  of   special   education     teaching     models     that 
employ assessment-prescriptive techniques.
  (iv) Ability to  use   community   and   staff   resources    within    the 
special education environment.
  (b) A minimum  of   9   semester   or   equivalent   hours    in    special 
physical education courses  leading  to  the  acquisition  of  all   of   the 
following competencies:
  (i)  Ability  to  write  in  behavioral  terms  and  assess   instructional 
objectives for physical education for students with disabilities.
  (ii)   Knowledge   of    motor     characteristics,     behaviors,      and 
development sequences associated with various  disabilities  in  relationship
 to  normal motor development.
  (iii) Knowledge of anatomy, kinesiology,  and  neurology   that    pertains 
to normal and abnormal motor control  and  sensory  motor   integration   for 
teaching physical education to students with severe disabilities and students 
who  are nonambulatory.
  (iv) Ability to  adapt  teaching  methods,  materials,    and    techniques 
for physical and motor fitness, gymnasium use,  fundamental   motor   skills, 
aquatic skills, dance, individual and group games, and lifetime sports skills 
for the needs of students with disabilities.
  (v)  Ability  to  analyze,  adapt,  and   implement   physical    education 
curriculum in providing appropriate programs for a variety of disabilities.
  (c) A directed field experience in  teaching  physical  education   in    a 
school setting with students with disabilities.
  (d) As of the effective date of these rules, a teacher who   has   received 
full approval as a teacher of physical education for handicapped  individuals 
shall be deemed to  have  full  approval   as   a   teacher    of    physical 
education  for students with  disabilities,  if  the  teacher   possesses   a 
valid  Michigan teaching certificate.

  History:  1980 AACS; 2002 AACS.


R 340.1798   Teachers  of  physical  education    for      students      with 
disabilities; role.
  Rule 98. A special education-reimbursed  teacher  of   physical   education 
shall provide instruction in physical education to students with disabilities 
whose disabilities preclude integration into general    physical    education 
classes.
Teachers of physical education for students  with  disabilities  may  provide 
supportive service to general physical education teachers who  have  students 
with disabilities integrated into their programs and to teachers of  students 
with disabilities who are delivering physical education services.

  History:  1980 AACS; 2002 AACS.


R 340.1799  Teachers of  students  with  autism  spectrum  disorder;  special 
requirements.
  Rule 99. The teacher education program  for  teachers  of   students   with 
autism spectrum disorder shall include a minimum of 30 semester or equivalent
 hours pursuant to R 340.1781, R 340.1782, and all of the following:
  (a)  The  identification,  diagnosis    criteria    and     classification, 
etiology, diagnosis, range,  and   characteristics   of    autism    spectrum 
disorder,  for example,  learning   characteristics,   sensory    integration 
patterns,   and medications commonly  used  with  autism  spectrum  disorders 
including effects.
  (b)   The    role    of    language     and     communication     including 
traits, characteristics,  and  interventions  related  to   autism   spectrum 
disorder,  for example, pragmatic functions of  communications  and  language
 such  as  the relationships  of  communication,  language,   behavior,   and 
social  skills;  expressive  and   receptive   language    development    and 
patterns;  effects   of  medication  on  language;  developing  communication 
systems such as  alternative and  augmentative  communication   systems   and 
assistive  technology  across environments.
  (c)  Using  behavioral   supports   and    intervention:    behavior     as 
communication;  sensory  needs   and   impact   on    behavior:    team-based 
behavior  assessments, intervention, and evaluation;  designing  environments 
for   preventing   sensory  overload;  and,    developmentally    appropriate 
behavior  such  as  coping  and self-regulating behavior.
  (d)  Assessing,  teaching,  and  modifying  instruction    and    curricula 
for students with autism spectrum disorder related to all of the following:
  (i) Aligning  and  adapting  the  student's  program  with   the    general 
education curriculum.
  (ii)   Using   a   range   of   curriculum   guides    to    assist    with 
identifying functional goals.
  (iii)  Employing  current   assessment    instruments    and    approaches, 
intervention methodologies, strategies, and techniques that  are  appropriate 
for  students with  autism  spectrum  disorder,  and   consistently   linking 
assessment  outcomes to curriculum planning.
  (iv) Understanding  and  using  various  data  keeping  systems  to  record 
progress and evaluate intervention.
  (e)   Collaborating    with     parents     and     service      providers, 
including paraprofessionals, in educational, public, and  private    agencies 
to  support students with autism spectrum disorder; and, the  impact  of  the 
legal  system, socioeconomic factors, mental health   disorders,    resources 
for  independent living, recreation, and vocational education on  the   lives 
and  behavior  of students with autism spectrum disorder and their families.
  (f) Issues related  to  autism  spectrum  disorder  theory,  research,  and 
policy, including  definition   and    identification;    legislation     and 
regulations; prereferral,  referral  and   placement;     instruction     and 
assessment   of educational  progress  for  students  with  autism   spectrum 
disorder,   and collaboration with general education teachers, families,  and 
allied  service providers.
  (2) The  30  semester  or  equivalent  hours  shall  be   distributed    to 
prioritize  preparation,  including   pre-student   teaching   practice,   in 
assessing, teaching, and  modifying  instruction  for  students  with  autism 
spectrum disorder.

  History:  1983 AACS; 2002 AACS; 2004 AACS; 2005 AACS.


R 340.1799a  Teachers of students with physical impairment and students  with 
other health impairment; special requirements.
  Rule 99a. (1) The teacher education program for  teachers    of    students 
with physical impairment and students  with  other  health  impairment  shall 
include a minimum of 30 semester or equivalent hours pursuant to R  340.1781, 
R 340.1782 and all of the following:
  (a)  The  identification,  etiology,  diagnosis,  and   classification   of 
physical, neurological, and other health impairment.
  (b)  Understanding  of   human   anatomy    and     physiology;     medical 
terminologies; the types and  transmission  of  infectious  and  communicable 
diseases;   physical  effects  of  medications;   the   nature   of   medical 
interventions and treatment  of physical and other health impairment.
  (c)  The  impact  upon  student  learning  and   development   (behavioral, 
cognitive, social, and emotional  development)  of  physical,   neurological, 
and  other health impairment, including the impact of chronic  and   terminal 
illness  and emergency/life threatening situations.
  (d)  Assessing,  teaching  and  modifying  instruction  and  curricula  for 
students with physical, neurological, and other health impairment related  to
 all  of the following:
  (i)  Administering,  adapting,  and  modifying   formal    and     informal 
assessments of learning for  students  with  physical,   neurological,    and 
other  health impairments.
  (ii) Adapting  and  modifying  the  teaching  and   learning    environment 
to accommodate the diverse needs of students with   physical,   neurological, 
and other health impairment.
  (iii)Developing  learning  and  instructional  plans,  designing   learning 
sequences and opportunities in differing educational settings and placements.
  (iv)Monitoring student progress and  making  appropriate  modifications  to 
instructional and educational methods as needed by  students  with  physical, 
neurological, and other health impairment, including selecting, adapting, and 
using specialized materials and instructional strategies to maximize learning.
  (v) Selecting, adapting, implementing and designing   classroom    settings 
and  physical  arrangements  to  facilitate  and  enhance  opportunities  for 
students to participate, interact, and learn with all students and adults  in 
both special and general educational settings  including  individual,  group,
 and  shared projects, in and after school such as  recreational  activities; 
organizing and managing different needs and support services  for  individual 
and  groups  of students with  different  physical;  neurological  and  other 
health impairment in all educational settings  considering  safety,  as  well
 as   maximizing   and  fostering  interactive  inclusive  opportunities  for 
students.
  (vi) Developing curricular and instructional plans and  activities  related 
to all of the following:
  (A) Daily living,  self  management   of   personal   and    health    care 
needs,   sexuality,       independent        living,        vocational/career 
transition, recreation/leisure, and mobility/transportation.
  (B) Advocacy/legal issues.
  (vii) Communicating student progress,  performance,  health   issues    and 
other  school-related  information  to  students,   families,    and    other 
educational  and medical professionals.
  (e) Managing, monitoring, and assisting consistent with    school    policy 
and law in health care procedures; the use of orthotic,  augmentative,    and 
other supportive  equipment;   specialized    technology    and     software; 
adapted switches/other access devices  and  environmental   controls;    and, 
student  and teacher safety in transferring,  lifting,  and   seating   which 
enhances  the student's and teacher's safety, comfort, and function.
  (f)  Issues  related  to  physical,  neurological,   and   other     health 
impairments in research; their  impact   on   learning    and    development; 
characteristics,    definitions,    determination,    and     identification; 
pre-referral,  referral,  and placement;  laws  and  policies   related    to 
specialized  health   care   in educational settings; teaching and  assessing
 the  educational  progress  of students who have physical, neurological, and 
other health impairment.
  (2) The  30  semester  or  equivalent  hours  shall  be   distributed    to 
prioritize preparation   and   including    pre-student    teaching     field 
experiences   in assessing, teaching  and  modifying   instruction    related 
to  students  with physical, neurological, and other health impairment.

  History:  1987 AACS; 2002 AACS; 2005 AACS.


R 340.1799b  Teachers  of  students   with   visual    impairment;    special 
requirements.
  Rule 99b. The teacher education  program  for  teachers  of  students  with 
visual impairment shall include  a  minimum  of  30  semester  or  equivalent
 hours relating to both of the following areas:
  (a) Twelve semester or equivalent hours of special  skills  and  techniques 
for working with students  with  visual  impairment,  including  all  of  the 
following:
  (i) Beginning and advanced braille.
  (ii) Methods of teaching students with visual impairment.
  (iii) Special equipment and its use for students with visual impairment.
  (b) Ten semester or equivalent hours in the development  of  competence  in 
all of the following areas:
  (i) Ability to work as a member  of  a  multidisciplinary  evaluation  team 
which includes medical and technical personnel.
  (ii)  Ability  to  develop  and  implement   a    curriculum     and     an 
instructional program for a range of students with visual impairment.
  (iii) Ability to implement and support a program  of  communication  skills 
and techniques and to implement and support  a  program  of  orientation  and 
mobility skills as deemed appropriate for the student.
  (iv) Ability to explain the structure and  function  of  the  eye  and  the 
impact of vision impairment on learning and  to   serve   as    a    resource 
person  and consultant for  students  with  visual  impairment   in   general 
and  special education classes.
  (v) Ability to instruct students with visual impairment  regarding  all  of 
the following:
  (A) Human sexuality.
  (B) Home, family, and community living.
  (C) Career selection.
  (D) The use of local, state, and national resources.
  (vi) Ability to develop and implement special  instruction  in    all    of 
the following life skill areas:
  (A) Self-help skills.
  (B) Recreation and leisure time activities.
  (C) Community transportation and mobility.
  (D) Use of personal aids.
  (vii) Ability to  work  intensively  and  extensively  with   parents    of 
students with visual impairment, both as a  home  instructor   for    parents 
and  as  a liaison between the educational agencies and the home.

  History:  1987 AACS; 2002 AACS


R 340.1799c  Teachers   of    students     with      hearing      impairment; 
special requirements.
  Rule 99c. (1) The teacher education program for  teachers    of    students 
with hearing impairment shall include a   minimum   of   30    semester    or 
equivalent hours. The teacher education program for teachers   of    students 
with  hearing impairment shall meet the council on  education  of  the   deaf 
standards  or shall, at a minimum, include 30 semester  or  equivalent  hours 
relating to  all of the following areas:
  (a) Language and linguistics.
  (b) Audiology and speech science.
  (c) Psychology.
  (d) Education.
  (2) Students shall complete a program that is designed to develop  all   of 
the following competencies:
  (a) Knowledge of linguistics, theories  of  language    development,    and 
the various special methods used to assess and develop language competence.
  (b) Ability  to  utilize  an  individual  diagnostic   profile    of    the 
student's expressive and receptive language skills.
  (c) Ability to  integrate  language  development  with  the   teaching   of 
English, mathematics, social studies, science, and other academics.
  (d) Ability to use various and combined modes,  manual   and    oral,    in 
both expressive  and  receptive  communication  with  students  with  hearing 
impairment.
  (e) Knowledge of the anatomy, physiology, and pathology  of   the    organs 
of speech and hearing.
  (f) Knowledge of audiological assessment information and its application to 
the individualized education program of a student with hearing impairment.
  (g) Knowledge of personal and  group  amplification   systems,    including 
their basic maintenance.
  (h) Ability to incorporate and teach appropriate procedure   to    maximize 
the use of speech, speech reading, and auditory skills.
  (i)  Ability  to  use   systematic     observational     techniques     for 
establishing baseline data, evaluating problem areas, and  for    documenting 
and  assessing progress.
  (j)  Knowledge   of   the   psychological   and   sociological    impact of 
severe/profound  hearing  impairment,   including   information    about  the 
community/culture of adult persons who are deaf.
  (k) Ability to identify and use local,  state,  and   national    resources 
in support of  students  with  hearing  impairment,  their    parents,    and 
their educational program.
  (l)  Ability  to  orient  parents,  general   education    school    staff, 
and administrators to the unique needs  and  learning  styles   of   students 
with hearing impairment.
  (m)    Ability     to     assess     communication,     academic,       and 
social/emotional development of students with hearing impairment.
  (n) Ability to relate  diagnostic  information  in  functional   terms   to 
parents and support service specialists.
  (o) Ability to design and implement an educational   program    appropriate 
to the individual student's communication,  academic,   prevocational,    and 
social needs.
  (p) Ability to modify and adapt procedures for teaching   reading,    math, 
and other academic subjects to students with hearing impairment.
  (3) Before assignment to directed student teaching,  each   student   shall 
spend a minimum of  60  clock   hours   in   programs    utilizing    various 
communication modes, both manual and oral.
  (4) The council on the education of the  deaf  standards,  as   cited    in 
subrule
  (1) of this rule, are adopted  by  reference  in  these  rules   and    are 
available from the Committee on Professional Preparation and   Certification, 
Gallaudet University, 800 Florida Avenue, N.E., Washington, D.C.  20002-3695, 
and  also from the Michigan Department of  Education,  Office   of    Special 
Education  and Early Intervention Services,  P.O.  Box  30008,  Lansing,  MI, 
48909, at  no  cost for reproduction.

  History:  1987 AACS; 2002 AACS


R 340.1799d  Rescinded.

  History:  1987 AACS; 2002 AACS


R 340.1799e  "Psychologist" defined.
  Rule 99e. "Psychologist" means an approved Michigan   school   psychologist 
who is certified by the department or who is a fully licensed psychologist.

  History: 2002 AACS.


R 340.1799f  "School social worker" defined.
  Rule 1799f. "School social worker" means  a  school  social   worker    who 
is approved by the department.

  History: 2002 AACS.


R 340.1799g  Transition coordinator; requirements.
  Rule 99g. (1) Full approval as a transition coordinator shall  be   granted 
by the department to a person who meets all of the following requirements:
  (a) A bachelor's or graduate degree  in  special  education  or   a   field 
related to transition of youth with  disabilities  into  adult  life  roles.
Related fields include, but are not limited to,  general    and    vocational 
education, vocational rehabilitation, and counseling.
  (b) A minimum of 3 years of satisfactory teaching experience   in   special 
or vocational education at the secondary level; or  a  minimum  of  3   years 
of  satisfactory  employment  providing   transition-related   service     to 
individuals with disabilities between the ages of 13 to 26 years.
Transition-related services include,  but  are  not  limited  to,  vocational 
rehabilitation,  employment,  counseling,  independent  living,  and   mental 
health. A person with a master's degree in special education or field related 
to transition of youth with disabilities  into  adult  life  roles  shall  be 
credited with 1 year of employment.
  (c) Approval under competencies and   procedures   established    by    the 
state board of education.
  (2) Within 2 years of the  effective  date  of  this   rule,    a    person 
with  documented   successful    experience    in    providing     transition 
coordination services under the  transition  services  grant  for  transition 
shall be approved as a transition coordinator.

  History: 2005 AACS.


                                    PART 6.
                                   FINANCING

R 340.1801   Source of funds.
  Rule 101. Funds for operating and housing  special    education    programs 
and services operated by intermediate school districts,   constituent   local 
school districts,  and  public  school  academies  shall  be   derived   from 
federal appropriations; general and categorical appropriations in   1979   PA 
94,  MCL 388.1601 et seq., and known as the  state  school   aid    act    of 
1979;   local  general  and  specific  property  taxes,  gifts,  grants,  and 
bequests;  or  payments  from  a  school  district  sending   students   with 
disabilities to  another  school district.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1802   Use of funds.
  Rule  102.  Funds  available   to    intermediate     school     districts, 
constituent local school districts, and public school academies  as  provided 
in R 340.1801 may be used for any of the following:
  (a) The employment of teachers and other personnel.
  (b) Transportation of students with disabilities.
  (c) The purchase and maintenance of equipment and supplies.
  (d)  The  lease,  purchase,  construction,  renovation,  or  acquisition of 
vehicles, sites, buildings or   portions   thereof,    and    equipment    as 
deemed necessary for staff, programs,  and  services  operated   under    the 
intermediate school  district  plans  as  approved  by  the  state  board  of 
education  and  other provisions of law.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1803   Building or purchasing facilities.
  Rule 103. When facilities are  purchased,   constructed,    or    renovated 
with funds acquired through 1976 PA  451,  MCL  380.1722  to   380.1729   for 
constituent local school districts, funds shall be  used   for    contractual 
purposes  which provide that the constituent local school district or  public 
school   academy  shall  make   that   facility   available    for    special 
education  programs  and services for a period of 25 years.  Disbursement  of 
the funds shall  be  made  by  the  intermediate  school  district  board  of 
education  under  the  intermediate school district plan.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1804   Rescinded.

  History: 1979 AC; 1980 AACS.


R 340.1805   Rescinded.

 History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1806   Rescinded.

 History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1807   Rescinded.

  History:  1979 AC.


R 340.1808   Reporting costs.
  Rule 108. An intermediate school district, a local  school  district,  or a 
public school academy operating a program under these rules shall  submit  to 
the superintendent of public instruction, at the close of the fiscal year, an 
itemized report of the actual cost of operating the  program,  including  the 
cost of transportation, on  forms  provided  for  that   purpose.    Reported 
actual costs for purposes  of  reimbursement  shall  include    only    those 
that  are reasonable and appropriate as determined  by   the   superintendent 
of  public instruction.

  History:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1809   State aid to operating school districts.
  Rule 109. The intermediate school  district  and  its   constituent   local 
school districts  and  public  school  academies  shall   be   entitled    to 
receive reimbursement for  special  education  programs  and  services   that 
are  in compliance with these rules and in accordance with  the  intermediate
 school district plan as approved by the state board of education   and    as 
prescribed in 1979 PA 94, as amended, MCL 388.1601 et  seq.,  and  known   as 
the  state school aid act of 1979.

  HHistory:  1979  AC; 1980 AACS; 2002 AACS.


R 340.1810 Reimbursement of special education transportation.
  Rule 110. Specialized transportation or additional transportation, or both, 
as required in the individualized education  program  for  a  person  with  a 
disability to receive a  free  appropriate  public  education  in  the  least 
restrictive educational environment, shall be reimbursable as  authorized  by 
1979 PA 94, MCL 388.1601 et seq., and known as the state school  aid  act  of 
1979.

  History:  1980 AACS; 2002 AACS; 2008 AACS.


R 340.1811   Distribution of intermediate millage  to    the     intermediate 
school district, its constituent local school districts,  and  public  school 
academies.
  Rule 111. (1) Only those programs and  related  services  provided  under a 
state board of  education-approved  intermediate  school  district   plan and 
approved  for  reimbursement  by  the  department  shall  be    eligible  for 
reimbursement from funds generated by adoption of millage under 1976 PA  451, 
MCL 380.1723 and 380.1724.
  (2)  If  intermediate  school  district  special   education   tax    funds 
are insufficient to reimburse constituent  claims  in  full,  then   a   like 
percentage of the claim shall be paid  for  support  of  each   program   and 
service  to  each constituent  district.  Claims  for  operation  of  special 
education programs  and services available to all  constituent  local  school 
districts or public school academies may be reimbursed in full   before   any 
prorated  payment   which   may  become  necessary  for  other  programs  and 
services.
  (3) Current intermediate school district special education tax  funds  need 
not be used to offset operational claim deficits from prior years.
  (4) Amounts may be retained  by  the  intermediate  school   district   for 
required cash flow purposes not to  exceed  1  year's  operational   expenses 
for  the purpose of maintaining special education  programs   and    services 
operated  by the intermediate school district.
  (5) Intermediate school districts shall submit the  desired   method    for 
the distribution of  funds  to  the  intermediate  school    district,    its 
constituent local school districts,  and  public  school  academies  and  the 
reasons  therefor for approval as part of the  intermediate  school  district 
plan required  under section 1711 of 1976 PA 451, MCL 380.1711.

  History:  1980 AACS; 2002 AACS.


R 340.1812   Intermediate school district's use of special education millage.
  Rule 112. (1) Costs for the operation  of  special    education    programs 
and services by  the  intermediate  school  district,  available    to    all 
constituent local school  districts  and  public  school  academies,  may  be 
reimbursed in full before the reimbursement of  local  districts  from  funds 
generated by  adoption of millage under sections 1723 and 1724 of  1976    PA 
451,  MCL  380.1723  and 380.1724.
  (2) If intermediate school district  special  education   personnel   offer 
direct services to students with disabilities in some but not all constituent
 local school districts or public school   academies,   and    if    prorated 
payment  of constituent  local  school  district  or  public  school  academy 
operational claims is necessary, then the per capita deficit for each student
 served  shall  be paid by the school  district  of  residence  or  a  direct 
charge shall be made  to the constituent local school district based  on  the 
amount of deficit and  the proportion of time the constituent  local   school 
district   or   public   school  academy  received  the  service   from   the 
intermediate school district.

  History:  1980 AACS; 2002 AACS.


                                   PART 7.
DEVELOPMENT AND  SUBMISSION  OF  INTERMEDIATE  SCHOOL  DISTRICTS'  PLANS  AND 
MONITORING

R 340.1831  Plan and modification submission.
  Rule 131. (1) Each  intermediate  school  district  board   shall    submit 
an  intermediate  school  district  plan  for  special   education   to   the 
superintendent of public instruction to become effective when approved by the 
superintendent of public instruction.
  (2) Any  intermediate  school  district  plan  or  subsequent  modification 
approved by the superintendent of public  instruction  shall  be  distributed
 by  the intermediate school  district  to  each  constituent  local   school 
district superintendent, each chief executive  officer  of  a  public  school 
academy,  and the chairperson of the parent  advisory  committee   within   7 
calendar  days  of the intermediate school district's receipt of approval  by 
the  superintendent of public instruction.
  (3) Except as provided in subrule (4) of this rule, a plan   submitted   by 
an intermediate school district and approved by   the    superintendent    of 
public instruction shall remain in effect until  the   intermediate    school 
district submits modifications that the intermediate school  district   deems 
necessary to the  department  and  the  modifications  are  approved  by  the 
superintendent of public instruction.
  (4) The department may require an intermediate school district  to   modify 
its plan if,  after  the   effective   date   of   the    individuals    with 
disabilities education act amendments of 1997, 20 U.S.C. §1400 et  seq.,  the 
provisions  of that act, its regulations, 34 C.F.R. 300.1, et seq.,  1976  PA 
451,  MCL  380.1 et seq.,  or  these  rules  are  amended,  there  is  a  new 
interpretation of any  of these laws or  regulations  by  the  United  States 
Department of  Education,  the department, or court, or the department  finds 
noncompliance.
  (5) If the department requires  a  modification   to    the    intermediate 
school district plan under subrule (4) of  this  rule  and  an   intermediate 
school district's process as set forth in this part does  not    result    in 
agreement among  the  intermediate   school   district,    its    constituent 
local   school districts,  public  school   academies,   and    the    parent 
advisory   committee  regarding  the  required   modification,    then    the 
intermediate  school  district shall  submit  the  required  modification.  A 
constituent local school  district, public  school  academy,  or  the  parent 
advisory committee may file an objection under R 340.1836.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS.


R 340.1832 Content areas.
  Rule 132. An intermediate school district plan for  special  education,  or 
any modification thereof, shall be an operational plan that  sets  forth  the 
special education programs and related services to be  delivered.   The  plan 
shall comply with 1976 PA 451, MCL 380.1 et seq. and these rules.   The  plan 
shall also comply with the following format and include, at a minimum, all of 
the following:
  (a) A description  of  the  procedures  used  by  the  intermediate  school 
district to advise and inform students with disabilities, their parents,  and 
other members  of  the  community  of  the  special  education  opportunities 
required under the law; the obligations of the local school districts, public 
school academies, and intermediate school district; and the  title,  address, 
and telephone number of representatives of those  agencies  who  can  provide 
information about the special education opportunities.
  (b) A description of activities and outreach  methods  which  are  used  to 
ensure that all citizens are aware of the availability of  special  education 
programs and services.
  (c) A description of the type of diagnostic and related services  that  are 
available, either directly or as a purchased service, within the intermediate 
school district or its constituent local school districts  or  public  school 
academies.
  (d) A description of the special education programs designed  to  meet  the 
educational needs of students with disabilities.
  (e) The intermediate school district plan  shall  either  describe  special 
education programs and services under part 3 of these rules or shall  propose 
alternative special education programs and services.
  (f) Provide an assurance statement that any personally  identifiable  data, 
information, and records of students with disabilities are  collected,  used, 
or maintained in compliance with 34 C.F.R. §§300.610 through 300.626.
  (g) The identity  of  the  full-  or  part-time  constituent  local  school 
district  or  public  school  academy  administrator  who,  by  position,  is 
responsible for the implementation of special education programs and services.
  (h) A description of the qualifications of paraprofessional personnel.
  (i) A description of the transportation necessary to  provide  the  special 
education programs and services described in subdivisions (c), (d),  and  (e) 
of this subrule.
  (j)  A  description  of  the  method  of  distribution  of  funds  under  R 
340.1811(5).
  (k) A description of how the intermediate school district will appoint  the 
parent advisory committee members under R 340.1838(1) and (2).
  (l) A description of the role and responsibilities of the  parent  advisory 
committee, including how it shall participate in the cooperative  development 
of the intermediate school district plan, formulate  objections  thereto,  if 
any, and other related matters.
  (m) A description of the role and relationship of administrative and  other 
school personnel, as well as representatives of other agencies, in  assisting 
the parent advisory committee in its responsibilities.
  (n) A description of the fiscal and staff resources that shall  be  secured 
or allocated to the parent advisory  committee  by  the  intermediate  school 
district to make it efficient and effective in operation.
  (o) The plan shall be approved by the superintendent of public  instruction 
before implementation  under  R  340.1831(1).   The  plan  is  developed  and 
approved under R 340.1833 and R 340.1835 to R 340.1837.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1833   Cooperative development and review.
  Rule  133.  (1)   Intermediate   school   district    plans,     or     any 
modification thereof, shall be developed in  cooperation   with   constituent 
local  school districts, public school academies,  and  the  parent  advisory 
committee.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1834   Rescinded.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1835   Plan signatures.
  Rule 135.  Each  intermediate  school  district  plan,   or    modification 
thereof, shall be signed by all of the following:
  (a) The intermediate school district superintendent,  signifying   approval 
by the intermediate school district board.
  (b) The superintendent of each constituent  local  school   district,   the 
chief executive officer of each public school academy, and  the   chairperson 
of  the parent  advisory  committee,  signifying  their  involvement  in  the 
development of the intermediate school district plan.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1836   Objections to plan; procedures.
  Rule 136. (1)  Any  constituent  local  school  district,   public   school 
academy, or the parent advisory committee may file  objections    with    the 
intermediate school district, in  whole  or  in  part,   to    an    approved 
intermediate  school district plan  or  a  plan   modification    that    has 
been  submitted  to  the superintendent of public instruction  for  approval.
Copies of an objection  to  the  plan  shall,  within  7  calendar  days,  be 
directed to the department by  the  intermediate  school  district  board  of 
education and to all  constituent   local  school  districts,  public  school 
academies, and the parent  advisory   committee  by  certified  mail,  return 
receipt requested. Objections filed   shall   specify  the  portions  of  the 
intermediate school district plan objected to, contain  a specific  statement
 of   the   reasons   for   objection,   and    shall    propose  alternative 
provisions.
  (2) A hearing officer  shall  be  designated  by   the    department    and 
shall promptly give reasonable notice of the  hearing.  The   hearing   shall 
begin  not later than 30 calendar days from the date the  request  was  filed
 with  the department. The hearing shall be conducted according to procedures 
established by  the  department.  After  the  appointment   of   the  hearing 
officer, the objection may be withdrawn upon  written   stipulation   of  the 
intermediate school district and the objecting party.
  (3) The intermediate school district, a constituent local school  district, 
a public school academy, or the parent advisory committee may   file,    with 
the department, a response to the objection before the hearing.
  (4) Within 30 calendar days after the  closing  of   the    hearing,    the 
hearing officer shall report findings of  fact  and  conclusions    of    law 
and  shall recommend  to  the  superintendent   of     public     instruction 
whether   the intermediate school district plan or  modification    to    the 
plan  should   be  approved  as  submitted,  approved   with    such    other 
modifications   as   deemed  appropriate  by  the  hearing  officer,  or  the 
objections granted  as  submitted.
The  findings  and  recommendations  shall  be  immediately  mailed  by   the 
department to all parties to the intermediate school district plan. Any party 
may file written exceptions to the  findings  and  recommendations  with  the 
superintendent of public instruction within 20 calendar days  of  receipt  of 
the findings and recommendations and direct copies of the exceptions  to  all 
other parties and the department. The findings  and  recommendations  of  the 
hearing  officer,  including  any  exceptions,  shall  be  submitted  to  the 
superintendent of public instruction with the  intermediate  school  district 
plan. The superintendent of public instruction shall render a final  decision 
within 30 calendar days from the date the exceptions were to be filed.

  History:  1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.


R 340.1837 Approval of intermediate school district plans.
  Rule 137. (1) Intermediate school district plans, or modification  thereof, 
or any changes to the intermediate school district plan based on an objection 
to the plan, shall be approved by the superintendent  of  public  instruction 
under R 340.1836.  The intermediate school district  plans  or  modifications 
shall be in compliance with all of the following:
  (a) The provisions of sections 1701 to 1766 of 1976 PA 451, MCL 380.1701 to 
380.1766.
  (b) Michigan  rules  promulgated  to  implement  statutory  provisions  for 
special education programs and services.
  (c) The individuals with disabilities education act,  20  U.S.C.  §1400  et 
seq., and its implementing regulations, 34 C.F.R. §300.1 et seq., adopted  by 
reference in R 340.1701.
  (2) The intermediate school district  superintendent,  or  superintendent's 
designee, shall advise each constituent local school district superintendent, 
each chief executive officer of a public school academy, and the  chairperson 
of the parent advisory  committee  as  to  whether  the  intermediate  school 
district plan was approved by the superintendent of public instruction.

  History:  1979 AC; 1980 AACS; 2002 AACS.


R 340.1838   Parent advisory committee.
  Rule 138. (1) A  parent  advisory  committee  shall   be    appointed    by 
each intermediate school district board.
  (a) The parent advisory committee and its officers  shall   consist    only 
of parents of students with disabilities  with  at  least  1   parent    from 
each constituent local school district and public school academy  unless   no 
parent agrees to serve on the parent  advisory  committee  to  represent  the 
constituent local school district or public school academy.
  (b) Each constituent local school  district  board   of    education    and 
each public school academy board of  directors  shall  nominate  at  least  1 
parent.
  (c) The   intermediate   school   district   board   of    education    may 
nominate additional members not to  exceed  33  1/3%  of  the  total   parent 
advisory committee membership.
  (2) The intermediate school district board  of   education    shall    make 
every attempt to  assure  that   all   types   of   impairments    and    all 
identifiable organizations  of  parents  of  students    with    disabilities 
within   the intermediate school  district  are  represented  on  the  parent 
advisory committee.
  (3) The   intermediate   school   district   board   of    education    may 
recommend operational procedures for parent  advisory  committee  review  and 
adoption.
  (4) The intermediate school district shall  secure  or   allocate    fiscal 
and staff resources to the parent advisory committee to  make  it   efficient 
and effective in operation.
  (5)  The  parent  advisory  committee  is  responsible   for    determining 
and documenting, in  writing,   the   organizational   structure    of    the 
committee, including all of the following:
  (a) Officers and their responsibilities.
  (b) Meeting times.
  (c) Notice of meeting times.
  (d) Voting procedures.
  (e) Terms of office.
  (f) Related matters.
  (6) The parent advisory committee shall participate in the  development  of 
the intermediate school district's plan or any modification of the plan   for 
the delivery of special education programs and  services  as  required  by  R 
340.1833.
  (7) The parent advisory committee may  provide  advisory  input   on    any 
matters that the committee deems appropriate to the improvement  of   special 
education services within the intermediate school district.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1839   Monitoring and program evaluation.
  Rule 139. (1) The department shall establish,  with   approval    of    the 
state board  of  education,   monitoring    procedures,     criteria,     and 
evaluation activities to ensure that minimum standards are being achieved  by 
all  public agencies.
  (2)  Each  intermediate  school  district   shall   implement    monitoring 
procedures and evaluation methods  developed  by  the  department  to  ensure
 that  the standards and criteria established are being  achieved   by    the 
intermediate school district, their constituent local school  districts,  and 
their  public school academies.

  History:  1987 AACS; 2002 AACS.


                                PART 8.
                          STATE COMPLAINTS


R 340.1851 Filing a state complaint.
  Rule 151. (1)  A state complaint, meeting the requirements of  34   CFR   § 
300.153, shall be filed with the department  and  a  copy  forwarded  to  the 
public agency that is the subject of the state complaint.
  (2)  A state complaint shall be filed with the department within   1   year 
of the date of the alleged violation.
  (3)  A state complaint shall be  delivered  to  the  department   and   the 
public agency by mail, by fax, or by hand.
  (4) Any person acting on behalf of a complainant shall   provide   evidence 
of that authority.

  History:  1979 AC; 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009  MR  7, 
Eff.
Apr. 3, 2009.


R 340.1852  General responsibilities of public agencies, intermediate  school 
districts, and the department.
  Rule 152. (1) All public agencies shall receive allegations  of  violations 
of state or federal regulations pertaining to  special  education.   When  an 
allegation is made orally, the recipient public agency  may  take  formal  or 
informal action as necessary to resolve  the  situation  in  compliance  with 
applicable provisions of law, but, at a minimum, shall immediately do all  of 
the following:
  (a) Inform the person making the allegation that he or she has a  right  to 
file a written state complaint with the department.
  (b) Inform the person making the allegation that the filing  of   a   state 
complaint may be delayed so that mediation or other informal  resolution  may 
be attempted.  The right to  file  a  state  complaint  is  retained  if  the 
informal attempts to resolve the concern in a timely manner are unsuccessful.
  (c) Provide the person making the allegation with a copy  of  part   8   of 
these rules and the department's procedures pertaining to state complaints.
  (d) Offer to assist the person in filing a state complaint.
  (2) All public agencies shall have procedures to receive state complaints.
  (3) If requested, the intermediate school district shall assist  a   person 
in writing a state complaint.
  (4) When a state complaint is filed, the  department  shall   provide   the 
complainant with all of the following:  (a) A copy of part 8 of these rules.
(b) A copy of the procedures established  by  the  department  pertaining  to 
state complaints.  (c) A copy  of  the  procedural  safeguards  notice.   (d) 
Information regarding mediation.

  History:  1979 AC; 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009  MR  7, 
Eff.
Apr. 3, 2009.



R 340.1853  Investigation, report, and final decision of a state complaint.
  Rule 153. (1) The department and the intermediate school   district   shall 
investigate state complaints pursuant to part 8 of  these  rules,  procedures 
established by the department pertaining to state complaints, and the federal 
regulations implementing the individuals with disabilities  education  act.
The department may independently initiate and investigate a state complaint.
  (2) The intermediate school district shall appoint  a  staff   member,   or 
contract with an independent agent, to conduct  the  investigation  with  the 
department.  The intermediate school district  investigator  shall  not  have 
administrative authority over programs or  services  against  which  a  state 
complaint is filed.
  (3) The public  agency  shall  cooperate  with  the  department   and   the 
intermediate  school  district  during  the  conduct  of  the  investigation, 
including submitting documents requested by the intermediate school  district 
or the department.
  (4) The department, during the pendency of  the  state   complaint,   shall 
require any public agency against which the complaint was lodged to  maintain 
the educational status,  program  placement,  and  services  of  an  involved 
student as it was before the complaint if, in the judgment of the department, 
not doing so constitutes a violation of the student's due process protections.
  (5) The department  shall  issue  a  final  written  decision   within   60 
calendar days after a complaint is filed.
  (6) The  department  may  grant  an  extension  of  time   if   exceptional 
circumstances exist with respect to a particular state complaint.   A  denial 
of an extension request is final.
  (7)  The  department  shall  mail  the  final  written  report    to    the 
complainant, any public agency  subject  to  the  state  complaint,  and  the 
intermediate school district.

  History:  1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009 MR 7, Eff. Apr.
3, 2009.


R 340.1854 Corrective action and proof of compliance.
  Rule 154. (1) The public agency shall correct violations as   directed   by 
the department.
  (2) The intermediate school district shall assist the  public   agency   in 
monitoring the progress of the corrective action.
  (3) The public agency shall submit proof of compliance to  the   department 
and the intermediate  school  district  documenting  that  the  violation  is 
corrected within the time line specified in the corrective action.

  History:  1980 AACS; 1997 AACS; 2009 MR 7, Eff. Apr. 3, 2009.


R 340.1855 Failure to comply with  corrective  action  in  a  timely  manner; 
sanctions.
  Rule 155 (1) If a public agency fails to correct known violations  of   law 
in a timely manner,  or  fails  to  cooperate  with  the  department  or  the 
intermediate school district during the  conduct  of  its  investigation,  or 
presents known falsification of fact,  or  continues  repetition  of  similar 
violations, the department shall do 1 or more of the following:
  (a) If the public agency in violation is a local  school  district   or   a 
public school academy, then the  department  shall  direct  the  intermediate 
school district to  provide  complying  programs  and  services  pursuant  to 
section 1702 of  1976  PA 451, MCL 380.1702.
  (b) If the public agency in violation is an intermediate  school  district, 
the department may withdraw the authority of the intermediate school district 
to operate a program that is in noncompliance and simultaneously require  the 
public agency of residence to place the affected student or  students  in  an 
appropriate program.
  (c)  Withhold  federal  funds  under  part  B  of  the   individuals   with 
disabilities education act, 20 U.S.C. chapter 33, §1400, et seq.
  (d) Apply other penalties under 1976 PA 451, MCL 380.1.
  (e) Withhold state funds under 1979 PA 94, MCL  388.1601,  or   any   other 
governing statute.
  (f)  Withhold,  withdraw,  or  suspend  such    endorsements,    approvals, 
credentials,  grants,  or  authorizations  pertaining  to  special  education 
personnel or projects that the department, or its designee, had authority  to 
grant as authorized by, and in accordance with, the  procedures  required  by 
law.
  (g) Seek enforcement of the corrective action in a court   of   appropriate 
jurisdiction.

  History: 2009 MR 7, Eff. Apr. 3, 2009.


                                   PART 9.
                       RECORDS AND CONFIDENTIALITY


R 340.1861 Records; maintenance; content; transfer  of  records;  release  of 
records.
  Rule 161. (1)  A  registry  shall  be  maintained  by  intermediate  school 
districts under procedures  established  by  the  department  and  under  the 
provisions of 1976 PA 451, MCL 380.1711, for all students with  disabilities, 
as defined by R 340.1702, including students placed in  state  and  privately 
operated facilities.  The registry shall be an operational,  active  database 
system with the capacity to provide up-to-date student counts and other  data 
requirements to the department on a timely  basis.   Each  constituent  local 
school district, public school academy, or state  agency  shall  provide  the 
intermediate school district with a complete updated  data  record  for  each 
student with a  disability.   The  updated  record  shall  contain  full-time 
equivalency data for each student enrolled in a special education program  by 
the student count dates required in the state school aid act, 1979 PA 94, MCL 
388.1601 et seq., and shall contain each student's data enrolled in  programs 
and  services  by  the  student  count  date  required  by  the   regulations 
implementing the individuals  with  disabilities  education  act,  34  C.F.R.
§300.1 et seq.
  (2) If the residency of a  student  with  a  disability  changes  from  one 
intermediate  school  district  to  another,  then  the  intermediate  school 
district of previous residence shall transfer the  records  maintained  under 
this rule to the new intermediate school district upon written request of the 
intermediate school district of residence and the parent of the student  with 
a disability for whom the record was maintained.
  (3) Public agencies shall comply with 34 C.F.R. 300.610 to 300.626.

  History:  1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS; 2008 AACS.


R 340.1862   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1863   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1864   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1865   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1866   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1867   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1868   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1869   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1870   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1871   Rescinded.

  History:  1980 AACS; 2002 AACS.


R 340.1872   Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.


R 340.1873   Rescinded.

  History:  1980 AACS; 1987 AACS; 2002 AACS.