State Office of Adminstrative Hearings and Rules
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Archived Rule Revisions for Education




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1995-072 ED

Special Education Programs and Services
(Education State Board of Education)





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1995-077 ED

Special Education Programs and Services
(Education State Board of Education)





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1995-096 ED


(Education )

The proposed rule rescinds 50 obsolete rules governing interscholastic athletics.



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1995-097 ED


(Education )

The proposed rule rescinds 4 obsolete rules governing day care programs in public school facilities.



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1995-098 ED

State Aid for Transportation of School Children
(Education Superintendent of Public Instruction)

The proposed rule rescinds 5 obsolete rules governing state funding for the transportation of school children.



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1995-099 ED


(Education )

The proposed rule rescinds 5 obsolete rules governing state funding for programs for underprivileged children.



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1995-100 ED


(Education )

The propsoed rule rescinds 25 obsolete rules governing operation of the state library



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1995-101 ED


(Education )

The proposed rule rescinds 4 obsolete rules governing programs for math for emotionally needy children.



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1995-102 ED


(Education )

The proposed rule rescinds 7 obsolete rules governing funding for performance contracts.



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1995-103 ED


(Education )

The proposed rule rescinds 5 obsolete rules governing funding for reading support services.



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1995-104 ED


(Education )

The proposed rule rescinds 6 obsolete rules governing funding for learning disabilities programs.



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1995-105 ED


(Education )

The proposed rule rescinds 13 obsolete rules governing grants for improvement of undergraduate instruction equipment.



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1995-106 ED


(Education )

The proposed rule rescinds 14 obsolete rules governing a demonstration program for out-of-work school dropouts.



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1995-107 ED


(Education )

The proposed rule rescinds 14 obsolete rules governing a criteria for special education scholarships.



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1995-109 ED

Declaratory Rulings, Promulgation of Rules, and Information Requests
(Education Superintendent of Public Instruction)

The proposed rule amends an existing rule to remove obsolete references to rule promulgation.



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1995-110 ED

Community and Junior Colleges Full-Time Equated Enrollment for State Aid
(Education )

The proposed rule rescinds four obsolete rules governing enrollment determinations for state aid.



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1995-111 ED

Vocational Rehabilitation
(Education )

WITHDRAWN 4/11/2000 The proposed rule rescinds two obsolete rules governing vocational rehabilitation.



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1995-112 ED

Psychologist Registration
(Education )

The proposed rule rescinds eight obsolete rules governing psychologist registration.



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1995-113 ED

Teachers of Emotionally Disturbed Children
(Education )

The proposed rule rescinds 2 obsolete rules governing programs for teachers of emotionally disturbed children.



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1995-114 ED

Junior and Community College Capital Outlay Matching Funds
(Education )

The proposed rule rescinds 9 obsolete rules governing matching fund requirements for junior and community college capital outlay projects.



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1995-115 ED

Work Camp Permits
(Education )

The proposed rule rescinds 3 obsolete rules governing work camp permits.



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1995-116 ED

Undergraduate Scholars Award Program
(Education Superintendent of Public Instruction)

The proposed rule rescinds 10 obsolete rules governing the undergraduate scholars award program.



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1995-117 ED

Grants for Construction of Undergraduate Academic Facilities
(Education )

The proposed rule rescinds 13 obsolete rules governing undergraduate academic facility construction projects.



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1995-118 ED

Grants for Special Education Teachers
(Education )

The proposed rule rescinds 215 obsolete rules governing the state meat inspection program.



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1996-113 ED

Safety Speculations For School Buses
(Education State Board of Education)

The following rules make rescissions governing the Department of Education specifically safety specifications for school buses.



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1996-136 ED


(Education )

The following rules rescind R 388.281 to R 388.283 of the Department of Education's rules entitled "Grants for Community School Program."



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1996-143 ED

Special Education Programs and Services
(Education State Board of Education)

Administrative Rules that govern special education programs and services -- R 340.1701, R 340.1722d, R 340.1851, R 340.1852, R 340.1853, R 340.1854



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1996-144 ED

General Rules
(Education State Tenure Commission)

Procedural amendments to make the administrative rules consistent with 59 and 60 PA 1993.



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1996-145 ED

Special Education Programs and Services
(Education State Board of Education)

None - WITHDRAWN



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1997-045 ED

Proprietary Schools
(Education Proprietary School Unit)

The proposed rule will increase the annual license renewal fee and define fees for certain changes to be made to a school district.



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1997-055 ED

Financial Reports by School Districts
(Education Superintendent of Public Instruction)

Amends Administrative Code Rules governing Financial Reports by School Districts to be consistent with the Revised School Code by rescinding R 340.351 and 340.352 which required public school districts to publish annual financial statements in a local newspaper.



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1997-058 ED

Proprietary Schools
(Education Proprietary School Unit)

The proposed rule will increase the annual license renewal fee and define fees for certain changes to be made to a school district.



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1997-062 ED

Identification of Students Eligible for Bilingual Education Funds
(Education State Board of Education)

WITHDRAWN 4/11/2000 R 388.706 states that a school district shall receive Section 41 funds, based on the student count day, except that a student shall not be counted in membership for more than three years. R 388.710 states that local school districts shall submit an application describing its program.



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1997-108 ED


(Education )

The proposed rule rescinds 6 obsolete rules governing pilot grants for extended school year programs.



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1998-004 ED

Teacher Certification Code
(Education State Board of Education)

The proposed rule establishes the minimum amount of continuing education to be completed as a condition for initial or continued employment as a school administrator in Michigan.



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1998-095 ED

School District Pupil Accounting for Distribution of State Aid
(Education Superintendent of Public Instruction)

WITHDRAWN 11/17/00 The rules will be revised to be more consistent with other legislation relating to the requirements of local and intermediate school districts to provide instruction to its resident pupils and also certain standards that must be met by all districts in order to count pupils in membership and receive state school aid funds.



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1999-042 ED

Identification of Students Eligible for Bilingual Education Funds
(Education Superintendent of Public Instruction)

The proposal amends current rules governing the identification of students eligible for bilingual education funding to align them with the current verison of the Revised School Code, Public Act 289 of 1995.



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2001-021 ED

Special Education Programs and Services
(Education State Board of Education)

The proposed changes would reconcile current administrative rules with federal statutory and regulatory framework. The rules are consistent with the State Board of Education's policy framework for special education The Revised School Code, Sections 380.1701, 380.1703, 380.1711, 380.1751 and 380.1756. The Individuals with Disabilities Education Act, 20 USC 1400, et. seq. Regulations Implementing the Act, 34 CFR Part 300.



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2003-003 ED

Special Education Programs and Services
(Education State Board of Education)





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2003-019 ED

Special Education Programs and Services
(Education State Board of Education)

Transition Coordinator, qualifications - This Rule would describe the education and training requirements to allow professionals who are not currently considered as special education professionals to be employed and reimbursed as special education professionals and perform transition coordination services. "deaf-blindness," defined; determination - This rule would establish a state definition for deaf-blindness and describe the process for determining that a student meets the eligibility standards for special education as a student with deaf-blindness.



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2004-026 ED

Boarding School Licenses
(Education Superintendent of Public Instruction)

Current rules cover the licensing of all boarding schools. The rules define the process for creating new boarding schools, the annual licensing of current boarding schools, and the provisions covering construction, curriculum, instruction, physical facilities, and support services, etc., that a boarding school is to provide for its students.



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2004-029 ED

Teacher Certification Code
(Education State Board of Education)

The proposed amendment would allow alternate methods for providing informal conferences and contested case hearings in cases where the teacher is incarcerated.



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2004-039 ED

Special Education Programs and Services
(Education State Board of Education)

Transition Coordinator, qualifications - This Rule would describe the education and training requirements to allow professionals who are not currently considered as special education professionals to be employed and reimbursed as special education professionals and perform transition coordination services. State Due Process Hearing System - The Individuals with Disabilities Education Act requires states to have a due process hearing system. The new rules would create a one-tiered system with salaried magistrates.



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2005-027 ED

Teachers' Tenure
(Education State Board of Education)

The proposed rule amendment would restore the ability of school guidance counselors who hold any Michigan teaching certificate with a school guidance counselor endorsement to earn teacher tenure.



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2005-076 LG

Proprietary Schools
(Education Superintendent of Public Instruction)

Rules are promulgated to implement the complimentary legislative provisions in Act 148 of 1943, Private Trade Schools, Business Schools, and Institutes; Act 40 of 1963, Private Trade Schools, Business Schools, Correspondence Schools, and Institutes; and Act 227 of 1971, Home Solicitation Sales. Existing practices require that the rules be brought to current standards of practice. It is anticipated that the renewal process be streamlined with some aspects reported to the state on a three-year cycle rather than annually.



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2005-085 ED

Teacher Certification Code
(Education Superintendent of Public Instruction)

The proposed rule revisions are focused on the preparation of teachers; initial certification; advancement in certification; the renewal of certificates; the revocation and suspension of certificates and issuance of teacher permits. The proposed rules would allow for the implementation of Revised School Code requirements. The rules would be used to direct the day-to-day operations of the Department of Education in reviewing preparation programs and applications for teaching certificates and permits.



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2005-086 ED

Certification and Licensure of School Counselors
(Education Superintendent of Public Instruction)

The proposed rules would align the Michigan requirements for the preparation and certification of school counselors with national standards. The proposed rules would establish a process for the licensing of school counselors pursuant to section 380.1233 of 1976 PA 451, MCL 380.1233.



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2005-087 ED

School Psychologist Certificate
(Education Superintendent of Public Instruction)

The proposed rules would align the Michigan requirements for the preparation and certification of school psychologists with national standards. The proposed rules alleviate some burdensome requirements for out-of-state applicants for a Michigan school psychologist certificate.



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2006-051 ED

Special Education Hearings - Emergency Rule
(Education Superintendent of Public Instruction)





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2006-055 ED

Special Education Programs and Services
(Education State Board of Education)

Executive Order No. 2005-1 transferred the responsibility to conduct administrative hearings to the State Office of Administrative Hearings and Rules. The Michigan Department of Education, Office of Special Education and Early Intervention Services, drafted the proposed rules to accomplish the following:· Retain the State Educational Agency's federal administrative and supervisory responsibilities under the Individuals with Disabilities Education Improvement Act (IDEA) 2004.·Ensure the due process rights of special education students.·Provide an efficient system for the implementation of special education due process hearings.



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2006-058 ED

State Aid Rules
(Education )

Prescribe the standards that Michigan's library cooperatives and public libraries must meet in order to qualify to receive annual state aid payments from HAL under the State Aid for Libraries Act, 1977 PA 89, MCL 397.551 et seq. In particular, the rules will prescribe operational, educational, and employee certification standards.



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2006-075 ED

Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils
(Education Superintendent of Public Instruction)

The proposed rules would establish criteria and procedures for dual enrollment for pupils enrolled in high school more than 4 years but not more than 5 years. The rules would address special circumstances under which a fifth year high school pupil would qualify for dual enrollment and may limit the number of courses for which a pupil may enroll.



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2007-015 ED

Special Education Programs and Services
(Education Superintendent of Public Instruction)

Rules 340.1701 and 340.1701a add a reference to Part C of the Individuals with Disabilities Education Act 2004 (IDEA). The Michigan Department of Education (MDE) is responsible for both Part B and Part C of the IDEA. This change will ensure that all parties are aware of the obligations under Part C and reflects current practice of MDE investigating Part C complaints.Rules 340.1701a, 340.1701b, 340.1701c, 340.1713, 340.1721e, 340.1722a, 340.1722e, and 340.1723c, 340.1724d, and 340.1724f are proposed for revision to comply with the IDEA and the implementing federal regulations which became effective on October 13, 2006.Rule 340.1721e(4) is proposed to align section 1278b(11) of 1976 PA 451, MCL 380.1278b(11), with the IDEA transition requirements.Rule 340.1724's title is proposed for revision to reflect the IDEA language of "due process complaint." The additions to this rule are a result of combining Rules 340.1724a, 340.1724c, and 340.1724g into one rule that governs any due process hearings filed before July 1, 2006. There are several pending hearings that must be conducted under the previous due process system. When the last hearing under this system is completed, Rule 340.1724 will be rescinded. The proposed changes to Rule 340.1724h are technical to comply with the Manual of Style and Procedures.Rule 340.1724i was amended to clarify that this rule applies only to due process complaints filed on or after July 1, 2006.Rules 340.1701a and 340.1725e add terminology to be consistent with existing administrative rules.Rules 340.1724a, 340.1724c, 340.1724e Rule 340.1724g are proposed for rescission. These rules are no longer necessary. The provisions are now delineated in Rule 340.1724 and in the IDEA.Rules 340.1738 and 340.1748. Programs for students with severe cognitive impairment and severe multiple impairment have been required to offer a 230-day school year. Section 300.106(3) of the federal regulations states that, "… a public agency may not limit extended school year services to particular categories of disability; or unilaterally limit the type, amount, or duration of the services." Thus, these provisions are proposed for removal. Extended school year services may be considered for each student with a disability, regardless of disability category. Rules 340.1771 and 340.1772 update the qualifications for director and supervisor of special education. These rules have not been substantially updated since 1987.Rule 340.1790 is proposed for revision to bring the rule in line with current practice.Rule 340.1793a, Interpreters for the deaf. To ensure that students who are deaf or hearing impaired have access to the general curriculum and meet the Michigan Merit Curriculum, it is imperative that interpreters have the skills needed to provide high- quality interpreting. The proposed rule raises the standards for educational interpreters.Rule 340.1810. The term "handicapped" is being replaced with the appropriate term, "disability." This is a technical amendment.Rules 340.1832 and 340.1861. New language is proposed to ensure that all public agencies follow the confidentiality provisions in the IDEA. The state has always required public agencies to follow the regulations in IDEA, but this language makes it more explicit and transparent. Rules 340.1832 and 340.1837 are proposed for change to bring these rules in line with current practice pertaining to the Intermediate School District Plans for Special Education.



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2007-016 ED

Teachers' Tenure
(Education Superintendent of Public Instruction)

The proposed rule amendment would restore the ability of teachers of students with speech and language impairment who hold any Michigan teaching certificate with an endorsement in speech and language impairment to earn teacher tenure.



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2007-041 ED

Administrator Certification Code
(Education Superintendent of Public Instruction)

The requirement for certification for school administrators was repealed by 1995 PA 289. In August 2006, the Revised School Code was amended to authorize the issuance and renewal of voluntary certification for school administrators whose primary responsibility is administering instructional programs [2006 PA 335, MCL 380.1536]. The proposed rules would establish the process for implementing a voluntary certification of school administrators under Section 380.1536 of 1976 PA 451, MCL 380.1536 and providing for procedures to revoke or suspend an administrator certificate under Sections 380.1535a and 380.1539b of 1976 PA 451, MCL 380.1535a and MCL 380.1539b.



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2007-042 ED

School Administrator Continuing Education
(Education Superintendent of Public Instruction)

The proposed rule change aligns the revised statutory language amending who is required to meet the continuing education requirement for school administrators to remain eligible for employment. The proposed rule would allow a valid professional education teaching certificate to be accepted as proof of compliance. The rule would also define a school district.



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2007-062 ED

School District Pupil Accounting for Distribution of State Aid
(Education Superintendent of Public Instruction)

The current pupil accounting rules are outdated as they have not been amended since the 1980's. The proposed rules would align with the State School Aid Act and the Department's Pupil Accounting Manual.



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2008-022 ED

Special Education Programs and Services
(Education Superintendent of Public Instruction)

State complaint rules; alignment of IDEA terminology in the evaluation rule; addressing extended school year in the individualized education program (IEP) rule.



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2008-037 ED

Rescinded - State Aid to Improve Basic Cognitive Skills
(Education Superintendent of Public Instruction)

Rescind rules governing State Aid to Improve Basic Cognitive Skills made obsolete by the repeal of MCL 388.1107 by 1977 PA 90 using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1). The rules parallel former Title I legislation and currently do not align. Most of the content found under the rules is provided in section 31a of 1979 PA 94, MCL 388.1631a. The rules are obsolete and unnecessary.



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2008-038 ED

Rescinded - Transcription of Educational Materials Into Braille
(Education Superintendent of Public Instruction)

Rescind R 388.261, R 388.262, R 388.263, R 388.264 and R 388.265. The Department would like to rescind this rule using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).



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2008-039 ED

Rescinded - Distribution of Funds for Adult Education
(Education Superintendent of Public Instruction)

Rescind R 340.311. The Department would like to rescind this rule using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).



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