Michigan Administrative Rules for Special Education (MARSE) With Related IDEA Federal Regulations

Michigan Administrative Rules for Special

Education (MARSE) With Related IDEA

Federal Regulations

Michigan Department of Education

Office of Special Education

July 2024

This document reflects the following:

MARSE promulgated June 27, 2024

IDEA Federal Regulations last modified July 2018

State Board of Education

Dr. Pamela Pugh, President

Ellen Cogen Lipton, co-Vice President

Tiffany Tilley, co-Vice President

Dr. Judith Pritchett, Secretary

Marshall Bullock, II, Treasurer

Dr. Mitchell Robinson, NASBE Delegate

Tom McMillin

Nikki Snyder

Ex-Officio

Gretchen Whitmer, Governor

Dr. Michael F. Rice, State Superintendent

Michigan Department of Education

Office of Special Education

P.O. Box 30008

Lansing, MI 48909

517-373-0923

MDE Website

(www.michigan.gov/mde)

Table of Contents

Michigan Administrative Rules for Special Education (MARSE) With Related IDEA Federal

Regulations ........................................................................................................................ 9

Purpose of Document ........................................................................................................ 9

Part 1: General Provisions MARSE Rules 340.1701–340.1717 ......................................... 10

MARSE R 340.1701 Assurance of compliance. Rule 1. ..................................................... 10

MARSE R 340.1701a Definitions; A to E. Rule 1a. ............................................................ 11

MARSE R 340.1701b Definitions; I to P. Rule 1b. ............................................................. 16

MARSE R 340.1701c Definitions; R to Y. Rule 1c. ............................................................. 19

MARSE R 340.1702 “Student with a disability” defined. Rule 2. ...................................... 26

MARSE R 340.1705: Cognitive impairment; determination. Rule 5. ................................ 27

MARSE R 340.1706 Emotional impairment; determination; evaluation report. Rule 6. .. 28

MARSE R 340.1707 Deaf or hard of hearing. Rule 7 ........................................................ 30

MARSE R 340.1708 Visual impairment including blindness definition; determination.

Rule 8 ............................................................................................................................... 30

MARSE R 340.1709 “Physical impairment” defined; determination. Rule 9 .................... 31

MARSE R 340.1709a “Other health impairment” defined; determination. Rule 9a. ....... 32

MARSE R 340.1710 “Speech and language impairment” defined; determination. Rule 10.

......................................................................................................................................... 33

MARSE R 340.1711 “Early childhood developmental delay” defined; determination. Rule

11 ..................................................................................................................................... 35

MARSE R 340.1713 Specific learning disability defined; determination. Rule 13. ........... 35

MARSE R 340.1714 Severe multiple impairment; determination. Rule 14. ..................... 41

MARSE R 340.1715 Autism spectrum disorder defined; determination. Rule 15. ........... 42

MARSE R 340.1716 “Traumatic brain injury” defined; determination. Rule 16. .............. 44

MARSE R 340.1717 Deaf-blindness defined; determination. Rule 17. ............................. 45

Part 2: Initial Evaluation, Time Lines, Individualized Education Program, District

Responsibilities, and Due Process Procedures MARSE Rules 340.1721 – 340.1725f ....... 47

MARSE R 340.1721 Request for initial evaluation. Rule 21. ............................................ 47

MARSE R 340.1721a Initial evaluation. Rule 21a. ............................................................ 54

MARSE R 340.1721b Public agency responsibilities and timelines. Rule 21b. ................. 60

MARSE R 340.1721e Individualized education program. Rule 21e. ................................. 63

MARSE R 340.1722 District responsibilities. Rule 22. ...................................................... 72

MARSE R 340.1723c Right to independent educational evaluation. Rule 23c. ................ 75

MARSE R 340.1724d Mediation. Rule 24d. ...................................................................... 77

MARSE R 340.1724f Due process complaints; procedures. Rule 24f. .............................. 79

MARSE R 340.1724h Administrative law judge training. Rule 24h. ................................. 90

MARSE R 340.1724i Reimbursement. Rule 24i. ............................................................... 90

MARSE R 340.1725e Administrative law judge; duties and authority. Rule 25e. ............ 91

MARSE R 340.1725f Surrogate parent. Rule 25f. ............................................................. 92

Part 3: Administration of Programs and Services MARSE Rules 340.1732 – 340.1758 .... 94

MARSE R 340.1732 Designation of residency. Rule 32. ................................................... 94

MARSE R 340.1733 Program and service requirements. Rule 33. ................................... 95

MARSE R 340.1734 Deviations from rules. Rule 34. ........................................................ 97

MARSE R 340.1738 Severe cognitive impairment program. Rule 38. .............................. 98

MARSE R 340.1739 Programs for students with moderate cognitive impairment. Rule

39. .................................................................................................................................... 99

MARSE R 340.1740 Programs for students with mild cognitive impairment. Rule 40. .... 99

MARSE R 340.1741 Programs for students with emotional impairment. Rule 41. ........ 100

MARSE R 340.1742 Programs for students who are deaf or hard of hearing. Rule 42. . 100

MARSE R 340.1743 Programs for students with visual impairment. Rule 43. ............... 100

MARSE R 340.1744 Programs for students with physical impairment or other health

impairment. Rule 44. ..................................................................................................... 101

MARSE R 340.1745 Services for students with speech and language impairment. Rule

45. .................................................................................................................................. 101

MARSE R 340.1746 Homebound and hospitalized services. Rule 46. ............................ 102

MARSE R 340.1747 Programs for students with specific learning disabilities. Rule 47. 103

MARSE R 340.1748 Severe multiple impairments program. Rule 48. ............................ 103

MARSE R 340.1748a Teacher consultant without a student caseload assignment;

evaluation and consultation assignment; responsibilities. Rule 48a. ............................ 104

MARSE R 340.1749 Teacher consultant with a student caseload; responsibilities. Rule

49. .................................................................................................................................. 104

MARSE R 340.1749a Elementary level resource program. Rule 49a. ............................ 105

MARSE R 340.1749b Secondary level resource program. Rule 49b. .............................. 106

MARSE R 340.1749c Departmentalization of special education programs. Rule 49c. ... 107

MARSE R 340.1750 Director of special education. Rule 50. ........................................... 107

MARSE R 340.1751 Supervisor of special education. Rule 51. ....................................... 108

MARSE R 340.1754 Early childhood special education programs; 2 years 6 months

through 5 years of age. Rule 54. .................................................................................... 108

MARSE R 340.1755 Early childhood special education services; 2 years 6 months through

5 years of age. Rule 55. .................................................................................................. 109

MARSE R 340.1756 Programs for students with severe language impairment. Rule 56.

....................................................................................................................................... 109

MARSE R 340.1757 Students placed in juvenile detention facilities; other educational

services. Rule 57. ........................................................................................................... 110

MARSE R 340.1758 Programs for students with autism spectrum disorder. Rule 58. ... 111

Part 4: Qualifications of Directors and Supervisors MARSE Rules 340.1771 – 340.1774

....................................................................................................................................... 112

MARSE R 340.1771 Director of special education; education and experience

requirements. Rule 71. .................................................................................................. 112

MARSE R 340.1772 Supervisor of special education; education and experience

requirements. Rule 72. .................................................................................................. 113

MARSE R 340.1774 Out-of-state applicants for supervisor or director; temporary

approval. Rule 74. .......................................................................................................... 114

Part 5: Qualifications of Teachers and Other Personnel MARSE Rules 340.1781 –

340.1799g ...................................................................................................................... 115

MARSE R 340.1781 Teachers of students with disabilities; endorsement requirements.

Rule 81. .......................................................................................................................... 115

MARSE R 340.1782 Endorsed teachers of students with disabilities; additional

requirements. Rule 82. .................................................................................................. 116

MARSE R 340.1783 Temporarily approved teachers of students with disabilities. Rule 83.

....................................................................................................................................... 116

MARSE R 340.1783a Early childhood special education teacher; full-year permit. Rule

83a. ................................................................................................................................ 117

MARSE R 340.1786 Teachers of students with cognitive impairment; special

requirements. Rule 86. .................................................................................................. 117

MARSE R 340.1787 Teachers of students with emotional impairment; special

requirements. Rule 87. .................................................................................................. 119

MARSE R 340.1788 Teachers of students with learning disabilities; special requirements.

Rule 88. .......................................................................................................................... 120

MARSE R 340.1790 Teacher consultants for students with disabilities. Rule 90. .......... 121

MARSE R 340.1792 Licensure, certification, or approval of professional personnel. Rule

92. .................................................................................................................................. 121

MARSE R 340.1793 Paraprofessional personnel; qualifications. Rule 93....................... 121

MARSE R 340.1793a Interpreters for the deaf. Rule 93a. .............................................. 122

MARSE R 340.1795 Early childhood special education teachers; special requirements.

Rule 95. .......................................................................................................................... 122

MARSE R 340.1796 Teachers of students with speech and language impairment; special

requirements. Rule 96. .................................................................................................. 122

MARSE R 340.1797 Teachers of students requiring adapted physical education; special

requirements. Rule 97. .................................................................................................. 123

MARSE R 340.1798 Teachers of students requiring adapted physical education; role.

Rule 98. .......................................................................................................................... 125

MARSE R 340.1799 Teachers of students with autism spectrum disorder; special

requirements. Rule 99. .................................................................................................. 126

MARSE R 340.1799a Teachers of students with physical impairment and students with

other health impairment; special requirements. Rule 99a. ........................................... 127

MARSE R 340.1799b Teachers of students with visual impairment; special requirements.

Rule 99b. ........................................................................................................................ 129

MARSE R 340.1799c Teachers of students who are deaf or hard of hearing; special

requirements. Rule 99c. ................................................................................................ 130

MARSE R 340.1799e “Psychologist” defined. Rule 99e. ................................................ 132

MARSE R 340.1799f “School social worker” defined. Rule 99f. ..................................... 132

MARSE R 340.1799g Transition coordinator; requirements. Rule 99g. ......................... 132

Part 6: Financing MARSE Rules 340.1801 – 340.1812 .................................................... 134

MARSE R 340.1801 Source of funds. Rule 101. .............................................................. 134

MARSE R 340.1802 Use of funds. Rule 102. ................................................................... 134

MARSE R 340.1803 Building or purchasing facilities. Rule 103. ..................................... 135

MARSE R 340.1808 Reporting costs. Rule 108. .............................................................. 135

MARSE R 340.1809 State aid to operating school districts. Rule 109. ........................... 135

MARSE R 340.1810 Reimbursement of special education transportation. Rule 110. .... 136

MARSE R 340.1811 Distribution of intermediate millage to intermediate school district,

its constituent local school districts, and public school academies. Rule 111. .............. 136

MARSE R 340.1812 Intermediate school district’s use of special education millage. Rule

112. ................................................................................................................................ 137

Part 7: Development and Submission of Intermediate School Districts’ Plans and

Monitoring MARSE Rules 340.1831 – 340.1839 ............................................................ 138

MARSE R 340.1831 Plan and modification submission. Rule 131. ................................. 138

MARSE R 340.1832 Content areas. Rule 132. ................................................................ 139

MARSE R 340.1833 Cooperative development and review. Rule 133. .......................... 141

MARSE R 340.1835 Plan signatures. Rule 135. .............................................................. 141

MARSE R 340.1836 Objections to plan; procedures. Rule 136. ..................................... 142

MARSE R 340.1837 Approval of intermediate school district plans. Rule 137. .............. 143

MARSE R 340.1838 Parent advisory committee. Rule 138. ........................................... 144

MARSE R 340.1839 Monitoring and program evaluation. Rule 139. ............................. 145

Part 8: State Complaints MARSE Rules 340.1851 – 340.1855 ........................................ 146

MARSE R 340.1851 Filing a state complaint. Rule 151. ................................................. 146

MARSE R 340.1852 General responsibilities of public agencies, intermediate school

districts, and the department. Rule 152. ....................................................................... 148

MARSE R 340.1853 Investigation, report, and final decision of a state complaint. Rule

153. ................................................................................................................................ 151

MARSE R 340.1854 Corrective action and proof of compliance. Rule 154. ................... 152

MARSE R 340.1855 Failure to comply with corrective action in a timely manner;

sanctions. Rule 155. ....................................................................................................... 153

Part 9: Records and Confidentiality MARSE Rule 340.1861 ........................................... 155

MARSE R 340.1861 Records; maintenance; content; transfer of records; release of

records. Rule 161. .......................................................................................................... 155

Part 10: Birth to Three MARSE Rule 340.1862 ............................................................... 156

MARSE R 340.1862 Individualized family service plan; time lines; eligibility. Rule 162. 156

Discipline ....................................................................................................................... 158

Appendix A: United States Code and Implementing Regulations .................................. 167

Appendix B: Michigan Administrative Code and Administrative Rules .......................... 168

Michigan Public Acts ...................................................................................................... 168

Administrative Rules Related to Education ................................................................... 168

Licensing and Regulatory Affairs .................................................................................... 169

Michigan Administrative Rules for Special Education (MARSE)

With Related IDEA Federal Regulations

Purpose of Document

The Michigan Administrative Rules for Special Education (MARSE) With Related IDEA

Federal Regulations includes the full Michigan rules and pairs each rule with any of the

relevant regulations from the Individuals with Disabilities Education Act (IDEA).

Some IDEA regulations are not included in this document; regulations are only

referenced if they relate to one of the Michigan rules. This document may help readers

understand the Michigan rules in the context of the IDEA.

The state and districts are obligated to follow all state and federal special education law

beyond just the MARSE. The appendices provide a more comprehensive list of state and

federal special education laws to consider for programs and services.

Part 1: General Provisions

MARSE Rules 340.1701–340.1717

MARSE R 340.1701 Assurance of compliance.

Rule 1.

(1) All public agencies in the state, as those agencies are defined in 34 CFR 300.33

(2019), shall comply with these rules and with all of the following, which these rules

adopt by reference:

(a) All provisions of the state’s application for federal funds under part B and part C

of the Individuals with Disabilities Education Act, 20 USC 1411 to 1419 and 1431

to 1444.

(b) The requirements of part B and part C of the Individuals with Disabilities

Education Act, 20 USC 1411 to 1419 and 1431 to 1444.

USC 1400 et seq., 34 CFR Part 300 (2019) and 34 CFR Part 303 (2019).

(2) Copies of the adopted matter are available, at cost of reproduction, from the office

of special education of the department at 1-888-320-8384. Copies of the adopted

federal matter are available from the United States Government Publishing Office at

bookstore.gpo.gov.

Related IDEA Federal Regulation

§ 300.2 Applicability of this part to State and local agencies.

(a) States. This part applies to each State that receives payments under Part B of the

Act, as defined in § 300.4.

(b) Public agencies within the State. The provisions of this part—

(1) Apply to all political subdivisions of the State that are involved in the education of

children with disabilities, including:

(i) The State educational agency (SEA).

(ii) Local educational agencies (LEAs), educational service agencies (ESAs), and

public charter schools that are not otherwise included as LEAs or ESAs and are

not a school of an LEA or ESA.

(iii) Other State agencies and schools (such as Departments of Mental Health and

Welfare and State schools for children with deafness or children with

blindness).

(iv) State and local juvenile and adult correctional facilities; and

(2) Are binding on each public agency in the State that provides special education

and related services to children with disabilities, regardless of whether that

agency is receiving funds under Part B of the Act.

ensuring that the rights and protections under Part B of the Act are given to children

with disabilities—

(1) Referred to or placed in private schools and facilities by that public agency; or

(2) Placed in private schools by their parents under the provisions of § 300.148.

MARSE R 340.1701a Definitions; A to E.

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 a local school

district, a public school academy, an 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.

including the factual basis of the allegation, that there is a violation of any of the

following:

(i) Any current provision of these rules.

(ii) The revised school code, 1976 PA 451, MCL 380.1 to 380.1852, as it pertains to

special education programs and services.

(iii) The Individuals with Disabilities Education Act, 20 USC 1400 et seq., and the

regulations implementing the act, 34 CFR Part 300 (2019) and 34 CFR Part 303

(2019).

(iv) An intermediate school district plan.

(v) An individualized education program team report, 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, 20 USC 1400 et seq.

(d) “Department” means the Michigan 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.

(f) “Electronic submission” means submission by email, by facsimile, or by any other

electronic means approved by the department.

Related IDEA Federal Regulations

§ 300.5 Assistive technology device.

Assistive technology device means any item, piece of equipment, or product system,

whether acquired commercially off the shelf, modified, or customized, that is used to

increase, maintain, or improve the functional capabilities of a child with a disability. The

term does not include a medical device that is surgically implanted, or the replacement

of such device.

§ 300.6 Assistive technology service.

Assistive technology service means any service that directly assists a child with a

disability in the selection, acquisition, or use of an assistive technology device. The term

includes—

(a) The evaluation of the needs of a child with a disability, including a functional

evaluation of the child in the child’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology

devices by children with disabilities;

or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive

technology devices, such as those associated with existing education and

rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that

child’s family; and

(f) Training or technical assistance for professionals (including individuals providing

education or rehabilitation services), employers, or other individuals who provide

services to, employ, or are otherwise substantially involved in the major life

functions of that child.

§ 300.7 Charter school.

Charter school has the meaning given the term in section 4310(2) of the Elementary and

Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA).

§ 300.8(a) Child with a disability.

(a) General.

(1) Child with a disability means a child evaluated in accordance with §§ 300.304

through 300.311 as having an intellectual disability, a hearing impairment

(including deafness), a speech or language impairment, a visual impairment

(including blindness), a serious emotional disturbance (referred to in this part as

“emotional disturbance”), an orthopedic impairment, autism, traumatic brain

injury, an other health impairment, a specific learning disability, deaf-blindness,

or multiple disabilities, and who, by reason thereof, needs special education and

related services.

(2)

(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an

appropriate evaluation under §§ 300.304 through 300.311, that a child has

one of the disabilities identified in paragraph (a)(1) of this section, but only

needs a related service and not special education, the child is not a child with

a disability under this part.

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is

considered special education rather than a related service under State

standards, the child would be determined to be a child with a disability under

paragraph (a)(1) of this section.

§ 300.9 Consent.

Consent means that—

(a) The parent has been fully informed of all information relevant to the activity for

which consent is sought, in his or her native language, or through another mode of

communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for

which his or her consent is sought, and the consent describes that activity and lists

the records (if any) that will be released and to whom; and

(c)

(1) The parent understands that the granting of consent is voluntary on the part of

the parent and may be revoked at any time.

(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not

negate an action that has occurred after the consent was given and before the

consent was revoked).

(3) If the parent revokes consent in writing for their child’s receipt of special

education services after the child is initially provided special education and

related services, the public agency is not required to amend the child’s education

records to remove any references to the child’s receipt of special education and

related services because of the revocation of consent.

§ 300.11 Day; business day; school day.

(a) Day means calendar day unless otherwise indicated as business day or school day.

(b) Business day means Monday through Friday, except for Federal and State holidays

(unless holidays are specifically included in the designation of business day, as in §

300.148(d)(1)(ii)).

(c)

(1) School day means any day, including a partial day that children are in attendance

at school for instructional purposes.

(2) School day has the same meaning for all children in school, including children

with and without disabilities.

§ 300.12 Educational service agency.

Educational service agency means—

(a) A regional public multiservice agency—

(1) Authorized by State law to develop, manage, and provide services or programs to

LEAs;

(2) Recognized as an administrative agency for purposes of the provision of special

education and related services provided within public elementary schools and

secondary schools of the State;

(b) Includes any other public institution or agency having administrative control and

direction over a public elementary school or secondary school; and

602(23) of the Act as in effect prior to June 4, 1997.

§ 300.17 Free appropriate public education.

Free appropriate public education or FAPE means special education and related services

that—

(a) Are provided at public expense, under public supervision and direction, and without

charge;

(b) Meet the standards of the SEA, including the requirements of this part;

in the State involved; and

(d) Are provided in conformity with an individualized education program (IEP) that

meets the requirements of §§ 300.320 through 300.324.

§ 300.101 Free appropriate public education (FAPE).

(a) General. A free appropriate public education must be available to all children

residing in the State between the ages of 3 and 21, inclusive, including children with

disabilities who have been suspended or expelled from school, as provided for in §

300.530(d).

(b) FAPE for children beginning at age 3.

(1) Each State must ensure that—

(i) The obligation to make FAPE available to each eligible child residing in the

State begins no later than the child’s third birthday; and

(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with §

300.323(b).

(2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall

determine the date when services under the IEP or IFSP will begin.

(1) Each State must ensure that FAPE is available to any individual child with a

disability who needs special education and related services, even though the

child has not failed or been retained in a course or grade, and is advancing from

grade to grade.

(2) The determination that a child described in paragraph (a) of this section is eligible

under this part, must be made on an individual basis by the group responsible

within the child’s LEA for making eligibility determinations.

MARSE 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.

occupational therapy assistant who provides therapy under the supervision of a

licensed occupational therapist. Occupational therapist and occupational therapy

assistants are licensed by the state of Michigan under 1978 PA 368, MCL 333.1101 et

seq.

(d) “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 1 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.

(e) “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.

(f) “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.

Related IDEA Federal Regulations

§ 300.22 Individualized education program.

Individualized education program or IEP means a written statement for a child with a

disability that is developed, reviewed, and revised in accordance with §§ 300.320

through 300.324.

§ 300.29 Native language.

(a) Native language, when used with respect to an individual who is limited English

proficient, means the following:

(1) The language normally used by that individual, or, in the case of a child, the

language normally used by the parents of the child, except as provided in

paragraph (a)(2) of this section.

(2) In all direct contact with a child (including evaluation of the child), the language

normally used by the child in the home or learning environment.

(b) For an individual with deafness or blindness, or for an individual with no written

language, the mode of communication is that normally used by the individual (such

as sign language, Braille, or oral communication).

§ 300.30 Parent.

(a) Parent means—

(1) A biological or adoptive parent of a child;

(2) 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;

(3) 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);

(4) 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; or

(5) A surrogate parent who has been appointed in accordance with § 300.519 or

section 639(a)(5) of the Act.

(b)

(1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive

parent, when attempting to act as the parent under this part and when more

than one party is qualified under paragraph (a) of this section to act as a parent,

must be presumed to be the parent for purposes of this section unless the

biological or adoptive parent does not have legal authority to make educational

decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under

paragraphs (a)(1) through (4) of this section 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” for purposes of this section.

§ 300.37 Services plan.

Services plan means a written statement that describes the special education and

related services the LEA will provide to a parentally-placed child with a disability

enrolled in a private school who has been designated to receive services, including the

location of the services and any transportation necessary, consistent with § 300.132,

and is developed and implemented in accordance with §§ 300.137 through 300.139.

§ 300.45 Ward of the State.

(a) General. Subject to paragraph (b) of this section, ward of the State means a child

who, as determined by the State where the child resides, is—

(1) A foster child;

(2) A ward of the State; or

(3) In the custody of a public child welfare agency.

(b) Exception. Ward of the State does not include a foster child who has a foster parent

who meets the definition of a parent in § 300.30.

§ 300.107 Nonacademic services.

The State must ensure the following:

(a) Each public agency must take steps, including the provision of supplementary aids

and services determined appropriate and necessary by the child’s IEP Team, to

provide nonacademic and extracurricular services and activities in the manner

necessary to afford children with disabilities an equal opportunity for participation in

those services and activities.

(b) Nonacademic and extracurricular services and activities may include counseling

services, athletics, transportation, health services, recreational activities, special

interest groups or clubs sponsored by the public agency, referrals to agencies that

provide assistance to individuals with disabilities, and employment of students,

including both employment by the public agency and assistance in making outside

employment available.

§ 300.129 State responsibility regarding children in private schools.

The State must have in effect policies and procedures that ensure that LEAs, and, if

applicable, the SEA, meet the private school requirements in §§ 300.130 through

300.148.

MARSE 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.

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.

Related IDEA Federal Regulations

§ 300.34 Related services.

(a) General. Related services means transportation and such developmental, corrective,

and other supportive services as are required to assist a child with a disability to

benefit from special education, and includes speech-language pathology and

audiology services, interpreting services, psychological services, physical and

occupational therapy, recreation, including therapeutic recreation, early

identification and assessment of disabilities in children, counseling services, including

rehabilitation counseling, orientation and mobility services, and medical services for

diagnostic or evaluation purposes. Related services also include school health

services and school nurse services, social work services in schools, and parent

counseling and training.

(b) Exception; services that apply to children with surgically implanted devices, including

cochlear implants.

(1) Related services do not include a medical device that is surgically implanted, the

optimization of that device’s functioning (e.g., mapping), maintenance of that

device, or the replacement of that device.

(2) Nothing in paragraph (b)(1) of this section—

(i) Limits the right of a child with a surgically implanted device (e.g., cochlear

implant) to receive related services (as listed in paragraph (a) of this section)

that are determined by the IEP Team to be necessary for the child to receive

FAPE.

(ii) Limits the responsibility of a public agency to appropriately monitor and

maintain medical devices that are needed to maintain the health and safety of

the child, including breathing, nutrition, or operation of other bodily

functions, while the child is transported to and from school or is at school; or

(iii) Prevents the routine checking of an external component of a surgically

implanted device to make sure it is functioning properly, as required in §

300.113(b).

defined as follows:

(1) Audiology includes—

(i) Identification of children with hearing loss;

(ii) Determination of the range, nature, and degree of hearing loss, including

referral for medical or other professional attention for the habilitation of

hearing;

(iii) Provision of habilitative activities, such as language habilitation, auditory

training, speech reading (lip-reading), hearing evaluation, and speech

conservation;

(iv) Creation and administration of programs for prevention of hearing loss;

(v) Counseling and guidance of children, parents, and teachers regarding hearing

loss; and

(vi) Determination of children’s needs for group and individual amplification,

selecting and fitting an appropriate aid, and evaluating the effectiveness of

amplification

(2) Counseling services means services provided by qualified social workers,

psychologists, guidance counselors, or other qualified personnel.

(3) Early identification and assessment of disabilities in children means the

implementation of a formal plan for identifying a disability as early as possible in

a child’s life.

(4) Interpreting services includes—

(i) The following, when used with respect to children who are deaf or hard of

hearing: Oral transliteration services, cued language transliteration services,

sign language transliteration and interpreting services, and transcription

services, such as communication access real-time translation (CART), C-Print,

and TypeWell; and

(ii) Special interpreting services for children who are deaf-blind.

(5) Medical services means services provided by a licensed physician to determine a

child’s medically related disability that results in the child’s need for special

education and related services.

(6) Occupational therapy—

(i) Means services provided by a qualified occupational therapist; and

(ii) Includes—

(A) Improving, developing, or restoring functions impaired or lost through

illness, injury, or deprivation;

(B) Improving ability to perform tasks for independent functioning if functions

are impaired or lost; and

of function.

(7) Orientation and mobility services—

(i) Means services provided to blind or visually impaired children by qualified

personnel to enable those students to attain systematic orientation to and

safe movement within their environments in school, home, and community;

and

(ii) Includes teaching children the following, as appropriate:

(A) Spatial and environmental concepts and use of information received by

the senses (such as sound, temperature and vibrations) to establish,

maintain, or regain orientation and line of travel (e.g., using sound at a

traffic light to cross the street);

(B) To use the long cane or a service animal to supplement visual travel skills

or as a tool for safely negotiating the environment for children with no

available travel vision;

(D) Other concepts, techniques, and tools.

(8)

(i) Parent counseling and training means assisting parents in understanding the

special needs of their child;

(ii) Providing parents with information about child development; and

(iii) Helping parents to acquire the necessary skills that will allow them to support

the implementation of their child’s IEP or IFSP.

(9) Physical therapy means services provided by a qualified physical therapist.

(10) Psychological services includes—

(i) Administering psychological and educational tests, and other assessment

procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and

conditions relating to learning;

(iv) Consulting with other staff members in planning school programs to meet the

special educational needs of children as indicated by psychological tests,

interviews, direct observation, and behavioral evaluations;

(v) Planning and managing a program of psychological services, including

psychological counseling for children and parents; and

(vi) Assisting in developing positive behavioral intervention strategies.

(11) Recreation includes—

(i) Assessment of leisure function;

(ii) Therapeutic recreation services;

(iii) Recreation programs in schools and community agencies; and

(iv) Leisure education.

(12) Rehabilitation counseling services means services provided by qualified personnel

in individual or group sessions that focus specifically on career development,

employment preparation, achieving independence, and integration in the

workplace and community of a student with a disability. The term also includes

vocational rehabilitation services provided to a student with a disability by

vocational rehabilitation programs funded under the Rehabilitation Act of 1973,

as amended, 29 U.S.C. 701 et seq.

(13) School health services and school nurse services means health services that are

designed to enable a child with a disability to receive FAPE as described in the

child’s IEP. School nurse services are services provided by a qualified school

nurse. School health services are services that may be provided by either a

qualified school nurse or other qualified person.

(14) Social work services in schools includes—

(i) Preparing a social or developmental history on a child with a disability;

(ii) Group and individual counseling with the child and family;

(iii) Working in partnership with parents and others on those problems in a child’s

living situation (home, school, and community) that affect the child’s

adjustment in school;

(iv) Mobilizing school and community resources to enable the child to learn as

effectively as possible in his or her educational program; and

(v) Assisting in developing positive behavioral intervention strategies.

(15) Speech-language pathology services includes—

(i) Identification of children with speech or language impairments;

(ii) Diagnosis and appraisal of specific speech or language impairments;

(iii) Referral for medical or other professional attention necessary for the

habilitation of speech or language impairments;

(iv) Provision of speech and language services for the habilitation or prevention of

communicative impairments; and

(v) Counseling and guidance of parents, children, and teachers regarding speech

and language impairments.

(16) Transportation includes—

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if

required to provide special transportation for a child with a disability.

§ 300.39 Special education.

(a) General.

(1) Special education means specially designed instruction, at no cost to the parents,

to meet the unique needs of a child with a disability, including—

(i) Instruction conducted in the classroom, in the home, in hospitals and

institutions, and in other settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet

the requirements of paragraph (a)(1) of this section—

(i) Speech-language pathology services, or any other related service, if the

service is considered special education rather than a related service under

State standards;

(ii) Travel training; and

(iii) Vocational education.

(b) Individual special education terms defined. The terms in this definition are defined as

follows:

(1) At no cost means that all specially-designed instruction is provided without

charge, but does not preclude incidental fees that are normally charged to

nondisabled students or their parents as a part of the regular education program.

(2) Physical education means—

(i) The development of—

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(including intramural and lifetime sports); and

(ii) Includes special physical education, adapted physical education, movement

education, and motor development.

(3) Specially designed instruction means adapting, as appropriate to the needs of an

eligible child under this part, the content, methodology, or delivery of

instruction—

(i) To address the unique needs of the child that result from the child’s disability;

and

(ii) To ensure access of the child to the general curriculum, so that the child can

meet the educational standards within the jurisdiction of the public agency

that apply to all children.

(4) Travel training means providing instruction, as appropriate, to children with

significant cognitive disabilities, and any other children with disabilities who

require this instruction, to enable them to—

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place

within that environment (e.g., in school, in the home, at work, and in the

community).

(5) Vocational education means organized educational programs that are directly

related to the preparation of individuals for paid or unpaid employment, or for

additional preparation for a career not requiring a baccalaureate or advanced

degree.

§ 300.43 Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability

that—

(1) Is designed to be within a results-oriented process, that is focused on improving

the academic and functional achievement of the child with a disability to

facilitate the child’s movement from school to post-school activities, including

postsecondary education, vocational education, integrated employment

(including supported employment), continuing and adult education, adult

services, independent living, or community participation;

(2) Is based on the individual child’s needs, taking into account the child’s strengths,

preferences, and interests; and includes—

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living

objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional

vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided

as specially designed instruction, or a related service, if required to assist a child with

a disability to benefit from special education.

MARSE R 340.1702 “Student with a disability” defined.

Rule 2.

“Student with a disability” means a person who has been evaluated according to the

individuals with disabilities education act and these rules, and is determined by an

individualized education program team, an individualized family service plan team, or an

administrative law judge 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, 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

(a) General.

(1) Child with a disability means a child evaluated in accordance with §§ 300.304

through 300.311 as having an intellectual disability, a hearing impairment

(including deafness), a speech or language impairment, a visual impairment

(including blindness), a serious emotional disturbance (referred to in this part as

“emotional disturbance”), an orthopedic impairment, autism, traumatic brain

injury, an other health impairment, a specific learning disability, deafblindness, or

multiple disabilities, and who, by reason thereof, needs special education and

related services.

(2)

(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an

appropriate evaluation under §§ 300.304 through 300.311, that a child has

one of the disabilities identified in paragraph (a)(1) of this section, but only

needs a related service and not special education, the child is not a child with

a disability under this part.

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is

considered special education rather than a related service under State

standards, the child would be determined to be a child with a disability under

paragraph (a)(1) of this section.

(b) Children aged three through nine experiencing developmental delays. Child with a

disability for children aged three through nine (or any subset of that age range,

including ages three through five), may, subject to the conditions described in §

300.111(b), include a child—

(1) Who is experiencing developmental delays, as defined by the State and as

measured by appropriate diagnostic instruments and procedures, in one or more

of the following areas: Physical development, cognitive development,

communication development, social or emotional development, or adaptive

development; and

(2) Who, by reason thereof, needs special education and related services.

MARSE 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.

(d) Impairment of adaptive behavior.

(e) Adversely affects a student’s educational performance.

(2) A determination of impairment shall be based upon a full and individual evaluation

by a multidisciplinary evaluation team, which shall include a psychologist.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(6) Intellectual disability means significantly subaverage general intellectual

functioning, existing concurrently with deficits in adaptive behavior and

manifested during the developmental period, that adversely affects a child’s

educational performance. The term “intellectual disability” was formerly termed

“mental retardation.”

MARSE 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.

(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.

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 full and individual evaluation

by both of the following:

(a) A psychologist or psychiatrist.

(b) A school social worker.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(4)

(i) Emotional disturbance means a condition exhibiting one or more of the

following characteristics over a long period of time and to a marked degree

that adversely affects a child’s educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or

health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships

with peers and teachers.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with

personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to

children who are socially maladjusted, unless it is determined that they have

an emotional disturbance under paragraph (c)(4)(i) of this section.

MARSE R 340.1707 Deaf or hard of hearing.

Rule 7

(1) The term “deaf or hard of hearing” refers to students with any type or degree of

hearing loss that interferes with development or adversely affects educational

performance. “Deafness” means a hearing loss 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 who have permanent or

fluctuating hearing loss that is less severe than the hearing loss of students who are

deaf and that generally permits the use of the auditory channel as the primary

means of developing speech and language skills.

(2) A determination of impairment must be based upon a full and individual evaluation

by a multidisciplinary evaluation team, which shall include an audiologist and an

otolaryngologist or otologist.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(3) Deafness means a hearing impairment that is so severe that the child is impaired

in processing linguistic information through hearing, with or without

amplification, that adversely affects a child’s educational performance.

(5) Hearing impairment means an impairment in hearing, whether permanent or

fluctuating, that adversely affects a child’s educational performance but that is

not included under the definition of deafness in this section.

MARSE R 340.1708 Visual impairment including blindness definition;

determination.

Rule 8

(1) “Visual impairment including blindness,” means an impairment in vision that, even

with correction, adversely affects a child’s educational performance. The term

includes partial sight, blindness, and a progressively deteriorating eye condition.

(2) A determination of eligibility must be based on a full and individual evaluation by a

multidisciplinary evaluation team, which must include all of the following:

(a) An eye report by an ophthalmologist or optometrist or a medical evaluation by a

physician as that term is defined in article 15 of the public health code, 1978 PA

368, MCL 333.16101 to 333.18838.

(b) A functional vision assessment by a teacher of students with visual impairment.

(3) A certified orientation and mobility specialist shall conduct an orientation and

mobility evaluation that complies with subrule (4) of this rule for a student who

satisfies at least 1 of the following:

(a) A visual acuity of 20/200 or less after routine refractive correction.

(b) A peripheral field of vision restricted to 20 degrees or less.

students with visual impairment, an ophthalmologist, or an optometrist after an

evaluation.

(4) The certified orientation and mobility specialist shall conduct the evaluation in

familiar and unfamiliar settings and under a variety of lighting and terrain conditions

and shall take into consideration the individual needs of the student.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(13) Visual impairment including blindness means an impairment in vision that, even

with correction, adversely affects a child’s educational performance. The term

includes both partial sight and blindness.

MARSE 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 full and individual evaluation by a

multidisciplinary evaluation team, which shall include assessment data from 1 of the

following persons:

(a) An orthopedic surgeon.

(b) An internist.

(d) A pediatrician.

(e) A family physician or any other approved physician as defined in 1978 PA 368,

MCL 333.1101 et seq.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(8) Orthopedic impairment means a severe orthopedic impairment that adversely

affects a child’s educational performance. The term includes impairments caused

by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis,

bone tuberculosis), and impairments from other causes (e.g., cerebral palsy,

amputations, and fractures or burns that cause contractures).

MARSE 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 full and individual evaluation by a

multidisciplinary evaluation team, which shall include 1 of the following persons:

(a) An orthopedic surgeon.

(b) An internist.

(d) A pediatrician.

(e) A family physician or any other approved physician as defined in 1978 PA 368,

MCL 333.1101 et seq.

Related IDEA Federal Regulations

§ 300.8 Child with a disability.

disability are defined as follows:

(9) Other health impairment means having limited strength, vitality, or alertness,

including a heightened alertness to environmental stimuli, that results in limited

alertness with respect to the educational environment, that—

(i) Is due to chronic or acute health problems such as asthma, attention deficit

disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart

condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever,

sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child’s educational performance.

MARSE 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.

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 full and individual 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(11) Speech or language impairment means a communication disorder, such as

stuttering, impaired articulation, a language impairment, or a voice impairment,

that adversely affects a child’s educational performance.

MARSE 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 full

and individual evaluation by a multidisciplinary evaluation team.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

(b) Children aged three through nine experiencing developmental delays. Child with a

disability for children aged three through nine (or any subset of that age range,

including ages three through five), may, subject to the conditions described in §

300.111(b), include a child—

(1) Who is experiencing developmental delays, as defined by the State and as

measured by appropriate diagnostic instruments and procedures, in one or more

of the following areas: Physical development, cognitive development,

communication development, social or emotional development, or adaptive

development; and

(2) Who, by reason thereof, needs special education and related services.

MARSE 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.

(3) A determination of learning disability shall be based upon a full and individual

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 and who can interpret the instructional implications of evaluation

results, such as a school psychologist, an authorized provider of speech and

language under R 340.1745(d), or a teacher consultant.

Related IDEA Federal Regulations

§ 300.8 Child with a disability.

disability are defined as follows:

(10) Specific learning disability—

(i) General. Specific learning disability means a disorder in one 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.

(ii) Disorders not included. Specific learning disability does not include learning

problems that are primarily the result of visual, hearing, or motor disabilities,

of intellectual disability, of emotional disturbance, or of environmental,

cultural, or economic disadvantage.

§ 300.

307 Specific learning disabilities.

(a) General. A State must adopt, consistent with §300.309, criteria for determining

whether a child has a specific learning disability as defined in § 300.8(c)(10). In

addition, the criteria adopted by the State—

(1) Must not require the use of a severe discrepancy between intellectual ability and

achievement for determining whether a child has a specific learning disability, as

defined in § 300.8(c)(10);

(2) Must permit the use of a process based on the child’s response to scientific,

research-based intervention; and

(3) May permit the use of other alternative research-based procedures for

determining whether a child has a specific learning disability, as defined in §

300.8(c)(10).

(b) Consistency with State criteria. A public agency must use the State criteria adopted

pursuant to paragraph (a) of this section in determining whether a child has a

specific learning disability.

§ 300.308 Additional group members.

The determination of whether a child suspected of having a specific learning disability is

a child with a disability as defined in § 300.8, must be made by the child’s parents and a

team of qualified professionals, which must include—

(a)

(1) The child’s regular teacher; or

(2) If the child does not have a regular teacher, a regular classroom teacher qualified

to teach a child of his or her age; or

(3) For a child of less than school age, an individual qualified by the SEA to teach a

child of his or her age; and

(b) At least one person qualified to conduct individual diagnostic examinations of

children, such as a school psychologist, speech-language pathologist, or remedial

reading teacher.

§ 300.309 Determining the existence of a specific learning disability.

(a) The group described in § 300.306 may determine that a child has a specific learning

disability, as defined in § 300.8(c)(10), if—

(1) The child does not achieve adequately for the child’s age or to meet State-

approved grade-level standards in one or more of the following areas, when

provided with learning experiences and instruction appropriate for the child’s age

or State-approved grade-level standards:

(i) Oral expression.

(ii) Listening comprehension.

(iii) Written expression.

(iv) Basic reading skill.

(v) Reading fluency skills.

(vi) Reading comprehension.

(vii) Mathematics calculation.

(viii) Mathematics problem solving.

(2)

(i) The child does not make sufficient progress to meet age or State-approved

grade-level standards in one or more of the areas identified in paragraph

(a)(1) of this section when using a process based on the child’s response to

scientific, research-based intervention; or

(ii) The child exhibits a pattern of strengths and weaknesses in performance,

achievement, or both, relative to age, State-approved grade-level standards,

or intellectual development, that is determined by the group to be relevant to

the identification of a specific learning disability, using appropriate

assessments, consistent with §§ 300.304 and 300.305; and

(3) The group determines that its findings under paragraphs (a)(1) and (2) of this

section are not primarily the result of—

(i) A visual, hearing, or motor disability;

(ii) An intellectual disability;

(iii) Emotional disturbance;

(iv) Cultural factors;

(v) Environmental or economic disadvantage; or

(vi) Limited English proficiency.

(b) To ensure that underachievement in a child suspected of having a specific learning

disability is not due to lack of appropriate instruction in reading or math, the group

must consider, as part of the evaluation described in §§ 300.304 through 300.306—

(1) Data that demonstrate that prior to, or as a part of, the referral process, the child

was provided appropriate instruction in regular education settings, delivered by

qualified personnel; and

(2) Data-based documentation of repeated assessments of achievement at

reasonable intervals, reflecting formal assessment of student progress during

instruction, which was provided to the child’s parents.

determine if the child needs special education and related services, and must adhere

to the timeframes described in §§300.301 and 300.303, unless extended by mutual

written agreement of the child’s parents and a group of qualified professionals, as

described in § 300.306(a)(1)—

(1) If, prior to a referral, a child has not made adequate progress after an

appropriate period of time when provided instruction, as described in paragraphs

(b)(1) and (b)(2) of this section; and

(2) Whenever a child is referred for an evaluation.

§ 300.310 Observation.

(a) The public agency must ensure that the child is observed in the child’s learning

environment (including the regular classroom setting) to document the child’s

academic performance and behavior in the areas of difficulty.

(b) The group described in § 300.306(a)(1), in determining whether a child has a specific

learning disability, must decide to—

(1) Use information from an observation in routine classroom instruction and

monitoring of the child’s performance that was done before the child was

referred for an evaluation; or

(2) Have at least one member of the group described in § 300.306(a)(1) conduct an

observation of the child’s academic performance in the regular classroom after

the child has been referred for an evaluation and parental consent, consistent

with § 300.300(a), is obtained.

observe the child in an environment appropriate for a child of that age.

§ 300.311 Specific documentation for the eligibility determination.

(a) For a child suspected of having a specific learning disability, the documentation of

the determination of eligibility, as required in § 300.306(a)(2), must contain a

statement of—

(1) Whether the child has a specific learning disability;

(2) The basis for making the determination, including an assurance that the

determination has been made in accordance with § 300.306(c)(1);

(3) The relevant behavior, if any, noted during the observation of the child and the

relationship of that behavior to the child’s academic functioning;

(4) The educationally relevant medical findings, if any;

(5) Whether—

(i) The child does not achieve adequately for the child’s age or to meet State-

approved grade-level standards consistent with § 300.309(a)(1); and

(ii)

(A) The child does not make sufficient progress to meet age or State-approved

grade-level standards consistent with § 300.309(a)(2)(i); or

(B) The child exhibits a pattern of strengths and weaknesses in performance,

achievement, or both, relative to age, State-approved grade level

standards or intellectual development consistent with § 300.309(a)(2)(ii);

(6) The determination of the group concerning the effects of a visual, hearing, motor

disability, or an intellectual disability; emotional disturbance; cultural factors;

environmental or economic disadvantage; or limited English proficiency on the

child’s achievement level; and

(7) If the child has participated in a process that assesses the child’s response to

scientific, research-based intervention—

(i) The instructional strategies used and the student-centered data collected; and

(ii) The documentation that the child’s parents were notified about—

(A) The State’s policies regarding the amount and nature of student

performance data that would be collected and the general education

services that would be provided;

(B) Strategies for increasing the child’s rate of learning; and

(b) Each group member must certify in writing whether the report reflects the

member’s conclusion. If it does not reflect the member’s conclusion, the group

member must submit a separate statement presenting the member’s conclusions.

MARSE 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 full and individual 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(7) Multiple disabilities means concomitant impairments (such as intellectual

disability-blindness or intellectual disability-orthopedic impairment), the

combination of which causes such severe educational needs that they cannot be

accommodated in special education programs solely for one of the impairments.

Multiple disabilities does not include deaf-blindness.

MARSE 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.

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.

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 full and individual 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(1)

(i) Autism means a developmental disability significantly affecting verbal and

nonverbal communication and social interaction, generally evident before age

three, that adversely affects a child’s educational performance. Other

characteristics often associated with autism are engagement in repetitive

activities and stereotyped movements, resistance to environmental change or

change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a child’s educational performance is adversely

affected primarily because the child has an emotional disturbance, as defined

in paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics of autism after age three could be

identified as having autism if the criteria in paragraph (c)(1)(i) of this section

are satisfied.

MARSE 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.

(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 full and individual 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(12) Traumatic brain injury means an acquired injury to the brain caused by an

external physical force, resulting in total or partial functional disability or

psychosocial impairment, or both, that adversely affects a child’s educational

performance. Traumatic brain injury applies to open or closed head injuries

resulting in impairments in one or more areas, such as cognition; language;

memory; attention; reasoning; abstract thinking; judgment; problem solving;

sensory, perceptual, and motor abilities; psychosocial behavior; physical

functions; information processing; and speech. Traumatic brain injury does not

apply to brain injuries that are congenital or degenerative, or to brain injuries

induced by birth trauma.

MARSE 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.

(i) An optometrist.

(ii) An audiologist.

(iii) An otolaryngologist.

(iv) An otologist.

(v) 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.

Related IDEA Federal Regulation

§ 300.8 Child with a disability.

disability are defined as follows:

(2) Deaf-blindness means concomitant hearing and visual impairments, the

combination of which causes such severe communication and other

developmental and educational needs that they cannot be accommodated in

special education programs solely for children with deafness or children with

blindness.

Part 2: Initial Evaluation, Time Lines, Individualized Education

Program, District Responsibilities, and Due Process Procedures

MARSE Rules 340.1721 – 340.1725f

MARSE R 340.1721 Request for initial evaluation.

Rule 21.

Within 10 school days of receipt of a written request for an initial evaluation 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

provide the parent with written notice consistent with 34 CFR § 300.503 and, when

necessary shall request written consent to evaluate.

Related IDEA Federal Regulations

§ 300.111 Child find.

(a) General.

(1) The State must have in effect policies and procedures to ensure that—

(i) All children with disabilities residing in the State, including children with

disabilities who are homeless children or are wards of the State, and children

with disabilities attending private schools, regardless of the severity of their

disability, and who are in need of special education and related services, are

identified, located, and evaluated; and

(ii) A practical method is developed and implemented to determine which

children are currently receiving needed special education and related

services.

(b) Use of term developmental delay. The following provisions apply with respect to

implementing the child find requirements of this section:

(1) A State that adopts a definition of developmental delay under § 300.8(b)

determines whether the term applies to children aged three through nine, or to a

subset of that age range (e.g., ages three through five).

(2) A State may not require an LEA to adopt and use the term developmental delay

for any children within its jurisdiction.

(3) If an LEA uses the term developmental delay for children described in § 300.8(b),

the LEA must conform to both the State’s definition of that term and to the age

range that has been adopted by the State.

(4) If a State does not adopt the term developmental delay, an LEA may not

independently use that term as a basis for establishing a child’s eligibility under

this part.

(1) Children who are suspected of being a child with a disability under § 300.8 and in

need of special education, even though they are advancing from grade to grade;

and

(2) Highly mobile children, including migrant children.

(d) Construction. Nothing in the Act requires that children be classified by their disability

so long as each child who has a disability that is listed in § 300.8 and who, by reason

of that disability, needs special education and related services is regarded as a child

with a disability under Part B of the Act.

§ 300.300 Parental consent.

(a) Parental consent for initial evaluation.

(1)

(i) The public agency proposing to conduct an initial evaluation to determine if a

child qualifies as a child with a disability under § 300.8 must, after providing

notice consistent with §§ 300.503 and 300.504, obtain informed consent,

consistent with § 300.9, from the parent of the child before conducting the

evaluation.

(ii) Parental consent for initial evaluation must not be construed as consent for

initial provision of special education and related services.

(iii) The public agency must make reasonable efforts to obtain the informed

consent from the parent for an initial evaluation to determine whether the

child is a child with a disability.

(2) For initial evaluations only, if the child is a ward of the State and is not residing

with the child’s parent, the public agency is not required to obtain informed

consent from the parent for an initial evaluation to determine whether the child

is a child with a disability if—

(i) Despite reasonable efforts to do so, the public agency cannot discover the

whereabouts of the parent of the child;

(ii) The rights of the parents of the child have been terminated in accordance

with State law; or

(iii) The rights of the parent to make educational decisions have been subrogated

by a judge in accordance with State law and consent for an initial evaluation

has been given by an individual appointed by the judge to represent the child.

(3)

(i) If the parent of a child enrolled in public school or seeking to be enrolled in

public school does not provide consent for initial evaluation under paragraph

(a)(1) of this section, or the parent fails to respond to a request to provide

consent, the public agency may, but is not required to, pursue the initial

evaluation of the child by utilizing the procedural safeguards in subpart E of

this part (including the mediation procedures under § 300.506 or the due

process procedures under §§ 300.507 through 300.516), if appropriate,

except to the extent inconsistent with State law relating to such parental

consent.

(ii) The public agency does not violate its obligation under § 300.111 and §§

300.301 through 300.311 if it declines to pursue the evaluation.

(b) Parental consent for services.

(1) A public agency that is responsible for making FAPE available to a child with a

disability must obtain informed consent from the parent of the child before the

initial provision of special education and related services to the child.

(2) The public agency must make reasonable efforts to obtain informed consent

from the parent for the initial provision of special education and related services

to the child.

(3) If the parent of a child fails to respond to a request for, or refuses to consent to,

the initial provision of special education and related services, the public agency—

(i) May not use the procedures in subpart E of this part (including the mediation

procedures under § 300.506 or the due process procedures under §§ 300.507

through 300.516) in order to obtain agreement or a ruling that the services

may be provided to the child;

(ii) Will not be considered to be in violation of the requirement to make FAPE

available to the child because of the failure to provide the child with the

special education and related services for which the parent refuses to or fails

to provide consent; and

(iii) Is not required to convene an IEP Team meeting or develop an IEP under §§

300.320 and 300.324 for the child.

(4) If, at any time subsequent to the initial provision of special education and related

services, the parent of a child revokes consent in writing for the continued

provision of special education and related services, the public agency—

(i) May not continue to provide special education and related services to the

child, but must provide prior written notice in accordance with § 300.503

before ceasing the provision of special education and related services;

(ii) May not use the procedures in subpart E of this part (including the mediation

procedures under § 300.506 or the due process procedures under §§ 300.507

through 300.516) in order to obtain agreement or a ruling that the services

may be provided to the child;

(iii) Will not be considered to be in violation of the requirement to make FAPE

available to the child because of the failure to provide the child with further

special education and related services; and

(iv) Is not required to convene an IEP Team meeting or develop an IEP under §§

300.320 and 300.324 for the child for further provision of special education

and related services.

(1) Subject to paragraph (c)(2) of this section, each public agency—

(i) Must obtain informed parental consent, in accordance with § 300.300(a) (1),

prior to conducting any reevaluation of a child with a disability.

(ii) If the parent refuses to consent to the reevaluation, the public agency may,

but is not required to, pursue the reevaluation by using the consent override

procedures described in paragraph (a)(3) of this section.

(iii) The public agency does not violate its obligation under § 300.111 and §§

300.301 through 300.311 if it declines to pursue the evaluation or

reevaluation.

(2) The informed parental consent described in paragraph (c)(1) of this section need

not be obtained if the public agency can demonstrate that—

(i) It made reasonable efforts to obtain such consent; and

(ii) The child’s parent has failed to respond.

(d) Other consent requirements.

(1) Parental consent is not required before—

(i) Reviewing existing data as part of an evaluation or a reevaluation; or

(ii) Administering a test or other evaluation that is administered to all children

unless, before administration of that test or evaluation, consent is required of

parents of all children.

(2) In addition to the parental consent requirements described in paragraph (a) of

this section, a State may require parental consent for other services and activities

under this part if it ensures that each public agency in the State establishes and

implements effective procedures to ensure that a parent’s refusal to consent

does not result in a failure to provide the child with FAPE.

(3) A public agency may not use a parent’s refusal to consent to one service or

activity under paragraphs (a), (b), (c) or (d)(2) of this section to deny the parent

or child any other service, benefit, or activity of the public agency, except as

required by this part.

(4)

(i) If a parent of a child who is home schooled or placed in a private school by the

parents at their own expense does not provide consent for the initial

evaluation or the reevaluation, or the parent fails to respond to a request to

provide consent, the public agency may not use the consent override

procedures (described in paragraphs (a)(3) and (c)(1) of this section); and

(ii) The public agency is not required to consider the child as eligible for services

under §§ 300.132 through 300.144.

(5) To meet the reasonable efforts requirement in paragraphs (a)(1)(iii), (a)(2) (i),

(b)(2), and (c)(2)(i) of this section, the public agency must document its attempts

to obtain parental consent using the procedures in § 300.322(d).

§ 300.503 Prior notice by the public agency; content of notice.

(a) Notice. Written notice that meets the requirements of paragraph (b) of this section

must be given to the parents of a child with a disability a reasonable time before the

public agency—

(1) Proposes to initiate or change the identification, evaluation, or educational

placement of the child or the provision of FAPE to the child; or

(2) Refuses to initiate or change the identification, evaluation, or educational

placement of the child or the provision of FAPE to the child.

(b) Content of notice. The notice required under paragraph (a) of this section must

include—

(1) A description of the action proposed or refused by the agency;

(2) An explanation of why the agency proposes or refuses to take the action;

(3) A description of each evaluation procedure, assessment, record, or report the

agency used as a basis for the proposed or refused action;

(4) A statement that the parents of a child with a disability have protection under

the procedural safeguards of this part and, if this notice is not an initial referral

for evaluation, the means by which a copy of a description of the procedural

safeguards can be obtained;

(5) Sources for parents to contact to obtain assistance in understanding the

provisions of this part;

(6) A description of other options that the IEP Team considered and the reasons why

those options were rejected; and

(7) A description of other factors that are relevant to the agency’s proposal or

refusal.

(1) The notice required under paragraph (a) of this section must be—

(i) Written in language understandable to the general public; and

(ii) Provided in the native language of the parent or other mode of

communication used by the parent, unless it is clearly not feasible to do so.

(2) If the native language or other mode of communication of the parent is not a

written language, the public agency must take steps to ensure—

(i) That the notice is translated orally or by other means to the parent in his or

her native language or other mode of communication;

(ii) That the parent understands the content of the notice; and

(iii) That there is written evidence that the requirements in paragraphs (c)(2)(i)

and (ii) of this section have been met.

§ 300.504 Procedural safeguards notice.

(a) General. A copy of the procedural safeguards available to the parents of a child with

a disability must be given to the parents only one time a school year, except that a

copy also must be given to the parents—

(1) Upon initial referral or parent request for evaluation;

(2) Upon receipt of the first State complaint under §§ 300.151 through 300.153 and

upon receipt of the first due process complaint under § 300.507 in a school year;

(3) In accordance with the discipline procedures in § 300.530(h); and

(4) Upon request by a parent.

(b) Internet Web site. A public agency may place a current copy of the procedural

safeguards notice on its Internet Web site if a Web site exists.

the procedural safeguards available under § 300.148, §§ 300.151 through 300.153, §

300.300, §§ 300.502 through 300.503, §§ 300.505 through 300.518, §§ 300.530

through 300.536 and §§ 300.610 through 300.625 relating to—

(1) Independent educational evaluations;

(2) Prior written notice;

(3) Parental consent;

(4) Access to education records;

(5) Opportunity to present and resolve complaints through the due process

complaint and State complaint procedures, including—

(i) The time period in which to file a complaint;

(ii) The opportunity for the agency to resolve the complaint; and

(iii) The difference between the due process complaint and the State complaint

procedures, including the jurisdiction of each procedure, what issues may be

raised, filing and decisional timelines, and relevant procedures;

(6) The availability of mediation;

(7) The child’s placement during the pendency of any due process complaint;

(8) Procedures for students who are subject to placement in an interim alternative

educational setting;

(9) Requirements for unilateral placement by parents of children in private schools

at public expense;

(10) Hearings on due process complaints, including requirements for disclosure of

evaluation results and recommendations;

(11) State-level appeals (if applicable in the State);

(12) Civil actions, including the time period in which to file those actions; and

(13) Attorneys’ fees.

(d) Notice in understandable language. The notice required under paragraph (a) of this

section must meet the requirements of § 300.503(c).

§ 300.505 Electronic mail.

A parent of a child with a disability may elect to receive notices required by §§ 300.503,

300.504, and 300.508 by an electronic mail communication, if the public agency makes

that option available.

MARSE R 340.1721a Initial evaluation.

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). In addition to the requirements in R

340.1705 to R 340.1717, the multidisciplinary evaluation team shall do all of the

following:

(a) Complete a full and individual evaluation.

(b) Make a recommendation of eligibility and prepare a written report to be

presented to the individualized education program team by the designated

multidisciplinary evaluation team member who can explain the instructional

implication of evaluation results. The report shall include information needed by

the individualized education program team to determine all of the following:

(i) Eligibility.

(ii) A student’s present level of academic achievement and functional

performance.

(iii) The educational needs of the student.

(2) Special education personnel who are authorized to conduct evaluations of students

suspected of having a disability may provide consultation to general education

personnel.

Related IDEA Federal Regulations

§ 300.15 Evaluation.

Evaluation means procedures used in accordance with §§ 300.304 through 300.311 to

determine whether a child has a disability and the nature and extent of the special

education and related services that the child needs.

§ 300.301 Initial evaluations.

(a) General. Each public agency must conduct a full and individual initial evaluation, in

accordance with §§ 300.304 and 300.306, before the initial provision of special

education and related services to a child with a disability under this part.

(b) Request for initial evaluation. Consistent with the consent requirements in §

300.300, either a parent of a child or a public agency may initiate a request for an

initial evaluation to determine if the child is a child with a disability.

(1)

(i) Must be conducted within 60 days of receiving parental consent for the

evaluation; or

(ii) If the State establishes a timeframe within which the evaluation must be

conducted, within that timeframe; and

(2) Must consist of procedures—

(i) To determine if the child is a child with a disability under § 300.8; and

(ii) To determine the educational needs of the child.

(d) Exception. The timeframe described in paragraph (c)(1) of this section does not apply

to a public agency if—

(1) The parent of a child repeatedly fails or refuses to produce the child for the

evaluation; or

(2) A child enrolls in a school of another public agency after the relevant timeframe

in paragraph (c)(1) of this section has begun, and prior to a determination by the

child’s previous public agency as to whether the child is a child with a disability

under § 300.8.

(e) The exception in paragraph (d)(2) of this section applies only if the subsequent public

agency is making sufficient progress to ensure a prompt completion of the

evaluation, and the parent and subsequent public agency agree to a specific time

when the evaluation will be completed.

§ 300.302 Screening for instructional purposes is not evaluation.

The screening of a student by a teacher or specialist to determine appropriate

instructional strategies for curriculum implementation shall not be considered to be an

evaluation for eligibility for special education and related services.

§ 300.303 Reevaluations.

(a) General. A public agency must ensure that a reevaluation of each child with a

disability is conducted in accordance with §§ 300.304 through 300.311—

(1) If the public agency determines that the educational or related services needs,

including improved academic achievement and functional performance, of the

child warrant a reevaluation; or

(2) If the child’s parent or teacher requests a reevaluation.

(b) Limitation. A reevaluation conducted under paragraph (a) of this section—

(1) May occur not more than once a year, unless the parent and the public agency

agree otherwise; and

(2) Must occur at least once every 3 years, unless the parent and the public agency

agree that a reevaluation is unnecessary.

§ 300.304 Evaluation procedures.

(a) Notice. The public agency must provide notice to the parents of a child with a

disability, in accordance with § 300.503, that describes any evaluation procedures

the agency proposes to conduct.

(b) Conduct of evaluation. In conducting the evaluation, the public agency must—

(1) Use a variety of assessment tools and strategies to gather relevant functional,

developmental, and academic information about the child, including information

provided by the parent, that may assist in determining—

(i) Whether the child is a child with a disability under § 300.8; and

(ii) The content of the child’s IEP, including information related to enabling the

child to be involved in and progress in the general education curriculum (or

for a preschool child, to participate in appropriate activities);

(2) Not use any single measure or assessment as the sole criterion for determining

whether a child is a child with a disability and for determining an appropriate

educational program for the child; and

(3) Use technically sound instruments that may assess the relative contribution of

cognitive and behavioral factors, in addition to physical or developmental factors.

(1) Assessments and other evaluation materials used to assess a child under this

part—

(i) Are selected and administered so as not to be discriminatory on a racial or

cultural basis;

(ii) Are provided and administered in the child’s native language or other mode

of communication and in the form most likely to yield accurate information

on what the child knows and can do academically, developmentally, and

functionally, unless it is clearly not feasible to so provide or administer;

(iii) Are used for the purposes for which the assessments or measures are valid

and reliable;

(iv) Are administered by trained and knowledgeable personnel; and

(v) Are administered in accordance with any instructions provided by the

producer of the assessments.

(2) Assessments and other evaluation materials include those tailored to assess

specific areas of educational need and not merely those that are designed to

provide a single general intelligence quotient.

(3) Assessments are selected and administered so as best to ensure that if an

assessment is administered to a child with impaired sensory, manual, or speaking

skills, the assessment results accurately reflect the child’s aptitude or

achievement level or whatever other factors the test purports to measure, rather

than reflecting the child’s impaired sensory, manual, or speaking skills (unless

those skills are the factors that the test purports to measure).

(4) The child is assessed in all areas related to the suspected disability, including, if

appropriate, health, vision, hearing, social and emotional status, general

intelligence, academic performance, communicative status, and motor abilities;

(5) Assessments of children with disabilities who transfer from one public agency to

another public agency in the same school year are coordinated with those

children’s prior and subsequent schools, as necessary and as expeditiously as

possible, consistent with § 300.301(d)(2) and (e), to ensure prompt completion of

full evaluations.

(6) In evaluating each child with a disability under §§ 300.304 through 300.306, the

evaluation is sufficiently comprehensive to identify all of the child’s special

education and related services needs, whether or not commonly linked to the

disability category in which the child has been classified.

(7) Assessment tools and strategies that provide relevant information that directly

assists persons in determining the educational needs of the child are provided.

§ 300.305 Additional requirements for evaluations and reevaluations.

(a) Review of existing evaluation data. As part of an initial evaluation (if appropriate)

and as part of any reevaluation under this part, the IEP Team and other qualified

professionals, as appropriate, must—

(1) Review existing evaluation data on the child, including—

(i) Evaluations and information provided by the parents of the child;

(ii) Current classroom-based, local, or State assessments, and classroom-based

observations; and

(iii) Observations by teachers and related services providers; and

(2) On the basis of that review, and input from the child’s parents, identify what

additional data, if any, are needed to determine—

(i)

(A) Whether the child is a child with a disability, as defined in § 300.8, and the

educational needs of the child; or

(B) In case of a reevaluation of a child, whether the child continues to have

such a disability, and the educational needs of the child;

(ii) The present levels of academic achievement and related developmental

needs of the child;

(iii)

(A) Whether the child needs special education and related services; or

(B) In the case of a reevaluation of a child, whether the child continues to

need special education and related services; and

(iv) Whether any additions or modifications to the special education and related

services are needed to enable the child to meet the measurable annual goals

set out in the IEP of the child and to participate, as appropriate, in the general

education curriculum.

(b) Conduct of review. The group described in paragraph (a) of this section may conduct

its review without a meeting.

evaluation measures as may be needed to produce the data identified under

paragraph (a) of this section.

(d) Requirements if additional data are not needed.

(1) If the IEP Team and other qualified professionals, as appropriate, determine that

no additional data are needed to determine whether the child continues to be a

child with a disability, and to determine the child’s educational needs, the public

agency must notify the child’s parents of—

(i) That determination and the reasons for the determination; and

(ii) The right of the parents to request an assessment to determine whether the

child continues to be a child with a disability, and to determine the child’s

educational needs.

(2) The public agency is not required to conduct the assessment described in

paragraph (d)(1)(ii) of this section unless requested to do so by the child’s

parents.

(e) Evaluations before change in eligibility.

(1) Except as provided in paragraph (e)(2) of this section, a public agency must

evaluate a child with a disability in accordance with §§ 300.304 through 300.311

before determining that the child is no longer a child with a disability.

(2) The evaluation described in paragraph (e)(1) of this section is not required before

the termination of a child’s eligibility under this part due to graduation from

secondary school with a regular diploma, or due to exceeding the age eligibility

for FAPE under State law.

(3) For a child whose eligibility terminates under circumstances described in

paragraph (e)(2) of this section, a public agency must provide the child with a

summary of the child’s academic achievement and functional performance,

which shall include recommendations on how to assist the child in meeting the

child’s postsecondary goals.

§ 300.306 Determination of eligibility.

(a) General. Upon completion of the administration of assessments and other

evaluation measures—

(1) A group of qualified professionals and the parent of the child determines

whether the child is a child with a disability, as defined in § 300.8, in accordance

with paragraph (c) of this section and the educational needs of the child; and

(2) The public agency provides a copy of the evaluation report and the

documentation of determination of eligibility at no cost to the parent.

(b) Special rule for eligibility determination. A child must not be determined to be a child

with a disability under this part—

(1) If the determinant factor for that determination is—

(i) Lack of appropriate instruction in reading, including the essential components

of reading instruction (as defined in section 1208(3) of the ESEA as such

section was in effort on the day before the date of enactment of the Every

Student Succeeds Act (December 9, 2015));

(ii) Lack of appropriate instruction in math; or

(iii) Limited English proficiency; and

(2) If the child does not otherwise meet the eligibility criteria under § 300.8(a).

(1) In interpreting evaluation data for the purpose of determining if a child is a child

with a disability under § 300.8, and the educational needs of the child, each

public agency must—

(i) Draw upon information from a variety of sources, including aptitude and

achievement tests, parent input, and teacher recommendations, as well as

information about the child’s physical condition, social or cultural

background, and adaptive behavior; and

(ii) Ensure that information obtained from all of these sources is documented and

carefully considered.

(2) If a determination is made that a child has a disability and needs special

education and related services, an IEP must be developed for the child in

accordance with §§ 300.320 through 300.324.

MARSE R 340.1721b Public agency responsibilities and timelines.

Rule 21b.

(1) When a written request for an evaluation is made for a student attending a public

school, all of the following apply:

(a) Within 10 school days of receipt of the written request, the public agency shall

provide the parent with written notice consistent with 34 CFR 300.503 and

request written parental consent to evaluate. The time from receipt of parental

consent for an evaluation to the notice of an offer of a free appropriate public

education or the determination of ineligibility must not be more than 30 school

days. This timeline begins on receipt of the signed parental consent by the public

agency requesting the consent. The parent and the public agency may agree to

extend this timeline. Any extension must comply with both of the following:

(i) Be in writing.

(ii) Be measured in school days.

(b) The parent has 10 school days after receipt of the notice of an initial offer of a

free appropriate public education to provide the public agency with written

parental consent to provide initial special education programs and services.

meeting, the public agency shall provide the parent with the notice of an offer of

a free appropriate public education or determination of ineligibility. The public

agency shall document the mode and date of delivery of the notice. The notice

must identify where the programs and services will be provided and when the

individualized education programs will begin.

(d) Unless a parent has filed a due process complaint to request a hearing under R

340.1724f, the public agency, as defined in 34 CFR 300.33, shall initiate a

proposed special education individualized education program as soon as possible

and within 15 school days of the parent’s receipt of written notification under

subdivision (c) of this subrule, or within 15 school days of receipt of written

parental consent under subdivision (b) of this subrule. The parties may agree to a

later initiation date if the individualized education program clearly identifies the

later date. A later initiation date must not be used to deny or delay programs or

services because they are unavailable and must not be used for purposes of

administrative convenience.

(e) For a student with an individualized education program effective at a public

agency who transfers to a different public agency during the same school year,

the new public agency shall immediately provide a free appropriate public

education. A decision regarding implementation of an individualized education

program in accordance with 34 CFR 300.323 must be made within 30 school days

of enrollment.

(2) When a written request for an initial evaluation is made for a student who is

parentally-placed in a private school, the public agency shall do all of the following:

(a) Within 10 school days of receipt of the written request, provide written notice

consistent with 34 CFR 300.503 and request written parental consent to evaluate,

when appropriate.

(b) Within 30 school days of receipt of written parental consent for an evaluation,

determine eligibility and provide notice consistent with 34 CFR 300.503. The

parent and the public agency may agree to extend this timeline. Any extension

must comply with both of the following:

(i) Be in writing.

(ii) Be measured in school days.

Related IDEA Federal Regulation

§ 300.323 When IEPs must be in effect.

(a) General. At the beginning of each school year, each public agency must have in

effect, for each child with a disability within its jurisdiction, an IEP, as defined in §

300.320.

(b) IEP or IFSP for children aged three through five.

(1) In the case of a child with a disability aged three through five (or, at the

discretion of the SEA, a two-year-old child with a disability who will turn age

three during the school year), the IEP Team must consider an IFSP that contains

the IFSP content (including the natural environments statement) described in

section 636(d) of the Act and its implementing regulations (including an

educational component that promotes school readiness and incorporates pre-

literacy, language, and numeracy skills for children with IFSPs under this section

who are at least three years of age), and that is developed in accordance with the

IEP procedures under this part. The IFSP may serve as the IEP of the child, if using

the IFSP as the IEP is—

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child’s parents.

(2) In implementing the requirements of paragraph (b)(1) of this section, the public

agency must—

(i) Provide to the child’s parents a detailed explanation of the differences

between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the

parents.

(1) A meeting to develop an IEP for a child is conducted within 30 days of a

determination that the child needs special education and related services; and

(2) As soon as possible following development of the IEP, special education and

related services are made available to the child in accordance with the child’s IEP.

(d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure

that—

(1) The child’s IEP is accessible to each regular education teacher, special education

teacher, related services provider, and any other service provider who is

responsible for its implementation; and

(2) Each teacher and provider described in paragraph (d)(1) of this section is

informed of—

(i) His or her specific responsibilities related to implementing the child’s IEP; and

(ii) The specific accommodations, modifications, and supports that must be

provided for the child in accordance with the IEP.

(e) IEPs for children who transfer public agencies in the same State. If a child with a

disability (who had an IEP that was in effect in a previous public agency in the same

State) transfers to a new public agency in the same State, and enrolls in a new school

within the same school year, the new public agency (in consultation with the

parents) must provide FAPE to the child (including services comparable to those

described in the child’s IEP from the previous public agency), until the new public

agency either—

(1) Adopts the child’s IEP from the previous public agency; or

(2) Develops, adopts, and implements a new IEP that meets the applicable

requirements in §§ 300.320 through 300.324.

(f) IEPs for children who transfer from another State. If a child with a disability (who had

an IEP that was in effect in a previous public agency in another State) transfers to a

public agency in a new State, and enrolls in a new school within the same school

year, the new public agency (in consultation with the parents) must provide the child

with FAPE (including services comparable to those described in the child’s IEP from

the previous public agency), until the new public agency—

(1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if determined

to be necessary by the new public agency); and

(2) Develops, adopts, and implements a new IEP, if appropriate, that meets the

applicable requirements in §§ 300.320 through 300.324.

(g) Transmittal of records. To facilitate the transition for a child described in paragraphs

(e) and (f) of this section—

(1) The new public agency in which the child enrolls must take reasonable steps to

promptly obtain the child’s records, including the IEP and supporting documents

and any other records relating to the provision of special education or related

services to the child, from the previous public agency in which the child was

enrolled, pursuant to 34 CFR 99.31(a)(2); and

(2) The previous public agency in which the child was enrolled must take reasonable

steps to promptly respond to the request from the new public agency.

MARSE R 340.1721e Individualized education program.

Rule 21e.

(1) Pursuant to 34 CFR Part 300 (2019), an individualized education program team shall

develop a written individualized education program that includes all of the following:

(a) A statement of measurable annual goals, including measurable short-term

objectives.

(b) A statement documenting that the individualized education program team

considered extended school year services.

ability to participate and progress in developmentally appropriate activities.

(2) All of the following apply to the determination of the need for extended school year

services:

(a) The individualized education program team shall 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

indicate 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 any data or

information described in subdivision (a)(i) to (iii) of this subrule indicates a need

for extended school year services, the individualized education program team

shall include extended school year services in the student’s individualized

education program.

extended school year services based on a formula or policy that prohibits full

consideration of the unique educational needs of each student.

(d) The individualized education program team shall consider related services,

transportation, supplementary aids and services, and instructional programming

when planning a student’s extended school year services.

(e) The individualized education program team shall conclude consideration of

extended school year services in sufficient time to make plans for the delivery of

extended school year services.

(3) 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.

(4) The individualized education program team shall determine the programs and

services for a student with a disability pursuant to 34 CFR Part 300 (2019). The

individualized education program team shall not restrict the individualized education

program to the programs and services available.

(5) The individualized education program team shall consider the Michigan school for

the deaf as a part of the total continuum of services for students who are deaf or

hard of hearing. The resident district shall conduct the individualized education

program team meeting that initiates an assignment to the Michigan school for the

deaf. The individualized education program team shall invite representatives of the

intermediate school district of residence and the Michigan school for the deaf to

participate in the individualized education program team meeting.

(6) 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.

(7) The operating district shall invite the resident district to attend the individualized

education program team meeting when the district of residence has authorized the

operating district to conduct each subsequent individualized education program

team meeting.

Related IDEA Federal Regulations

§ 300.22 Individualized education program.

Individualized education program or IEP means a written statement for a child with a

disability that is developed, reviewed, and revised in accordance with §§ 300.320

through 300.324.

§ 300.23 Individualized education program team.

Individualized education program team or IEP Team means a group of individuals

described in § 300.321 that is responsible for developing, reviewing, or revising an IEP

for a child with a disability.

§ 300.42 Supplementary aids and services.

Supplementary aids and services means aids, services, and other supports that are

provided in regular education classes, other education-related settings, and in

extracurricular and nonacademic settings, to enable children with disabilities to be

educated with nondisabled children to the maximum extent appropriate in accordance

with §§ 300.114 through 300.116.

§ 300.321 IEP Team.

(a) General. The public agency must ensure that the IEP Team for each child with a

disability includes—

(1) The parents of the child;

(2) Not less than one regular education teacher of the child (if the child is, or may be,

participating in the regular education environment);

(3) Not less than one special education teacher of the child, or where appropriate,

not less than one special education provider of the child;

(4) A representative of the public agency who— (i) Is qualified to provide, or

supervise the provision of, specially designed instruction to meet the unique

needs of children with disabilities;

(i) Is knowledgeable about the general education curriculum; and

(ii) Is knowledgeable about the availability of resources of the public agency.

(5) An individual who can interpret the instructional implications of evaluation

results, who may be a member of the team described in paragraphs (a)(2)

through (a)(6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have

knowledge or special expertise regarding the child, including related services

personnel as appropriate; and

(7) Whenever appropriate, the child with a disability.

(b) Transition services participants.

(1) In accordance with paragraph (a)(7) of this section, the public agency must invite

a child with a disability to attend the child’s IEP Team meeting if a purpose of the

meeting will be the consideration of the postsecondary goals for the child and

the transition services needed to assist the child in reaching those goals under §

300.320(b).

(2) If the child does not attend the IEP Team meeting, the public agency must take

other steps to ensure that the child’s preferences and interests are considered.

(3) To the extent appropriate, with the consent of the parents or a child who has

reached the age of majority, in implementing the requirements of paragraph

(b)(1) of this section, the public agency must invite a representative of any

participating agency that is likely to be responsible for providing or paying for

transition services.

knowledge or special expertise of any individual described in paragraph (a)(6) of this

section must be made by the party (parents or public agency) who invited the

individual to be a member of the IEP Team.

(d) Designating a public agency representative. A public agency may designate a public

agency member of the IEP Team to also serve as the agency representative, if the

criteria in paragraph (a)(4) of this section are satisfied.

(e) IEP Team attendance.

(1) A member of the IEP Team described in paragraphs (a)(2) through (a)(5) of this

section is not required to attend an IEP Team meeting, in whole or in part, if the

parent of a child with a disability and the public agency agree, in writing, that the

attendance of the member is not necessary because the member’s area of the

curriculum or related services is not being modified or discussed in the meeting.

(2) A member of the IEP Team described in paragraph (e)(1) of this section may be

excused from attending an IEP Team meeting, in whole or in part, when the

meeting involves a modification to or discussion of the member’s area of the

curriculum or related services, if—

(i) The parent, in writing, and the public agency consent to the excusal; and

(ii) The member submits, in writing to the parent and the IEP Team, input into

the development of the IEP prior to the meeting.

(f) Initial IEP Team meeting for child under Part C. In the case of a child who was

previously served under Part C of the Act, an invitation to the initial IEP Team

meeting must, at the request of the parent, be sent to the Part C service coordinator

or other representatives of the Part C system to assist with the smooth transition of

services.

§ 300.322 Parent participation.

(a) Public agency responsibility—general. Each public agency must take steps to ensure

that one or both of the parents of a child with a disability are present at each IEP

Team meeting or are afforded the opportunity to participate, including—

(1) Notifying parents of the meeting early enough to ensure that they will have an

opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(b) Information provided to parents.

(1) The notice required under paragraph (a)(1) of this section must—

(i) Indicate the purpose, time, and location of the meeting and who will be in

attendance; and

(ii) Inform the parents of the provisions in § 300.321(a)(6) and (c) (relating to the

participation of other individuals on the IEP Team who have knowledge or

special expertise about the child), and § 300.321(f) (relating to the

participation of the Part C service coordinator or other representatives of the

Part C system at the initial IEP Team meeting for a child previously served

under Part C of the Act).

(2) For a child with a disability beginning not later than the first IEP to be in effect

when the child turns 16, or younger if determined appropriate by the IEP Team,

the notice also must—

(i) Indicate—

(A) That a purpose of the meeting will be the consideration of the

postsecondary goals and transition services for the child, in accordance

with § 300.320(b); and

(B) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

Team meeting, the public agency must use other methods to ensure parent

participation, including individual or conference telephone calls, consistent with §

300.328 (related to alternative means of meeting participation).

(d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be

conducted without a parent in attendance if the public agency is unable to convince

the parents that they should attend. In this case, the public agency must keep a

record of its attempts to arrange a mutually agreed on time and place, such as—

(1) Detailed records of telephone calls made or attempted and the results of those

calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent’s home or place of employment and

the results of those visits.

(e) Use of interpreters or other action, as appropriate. The public agency must take

whatever action is necessary to ensure that the parent understands the proceedings

of the IEP Team meeting, including arranging for an interpreter for parents with

deafness or whose native language is other than English.

(f) Parent copy of child’s IEP. The public agency must give the parent a copy of the

child’s IEP at no cost to the parent.

§ 300.324 Development, review, and revision of IEP.

(a) Development of IEP—

(1) General. In developing each child’s IEP, the IEP Team must consider—

(i) The strengths of the child;

(ii) The concerns of the parents for enhancing the education of their child;

(iii) The results of the initial or most recent evaluation of the child; and

(iv) The academic, developmental, and functional needs of the child.

(2) Consideration of special factors. The IEP Team must—

(i) In the case of a child whose behavior impedes the child’s learning or that of

others, consider the use of positive behavioral interventions and supports,

and other strategies, to address that behavior;

(ii) In the case of a child with limited English proficiency, consider the language

needs of the child as those needs relate to the child’s IEP;

(iii) In the case of a child who is blind or visually impaired, provide for instruction

in Braille and the use of Braille unless the IEP Team determines, after an

evaluation of the child’s reading and writing skills, needs, and appropriate

reading and writing media (including an evaluation of the child’s future needs

for instruction in Braille or the use of Braille), that instruction in Braille or the

use of Braille is not appropriate for the child;

(iv) Consider the communication needs of the child, and in the case of a child who

is deaf or hard of hearing, consider the child’s language and communication

needs, opportunities for direct communications with peers and professional

personnel in the child’s language and communication mode, academic level,

and full range of needs, including opportunities for direct instruction in the

child’s language and communication mode; and

(v) Consider whether the child needs assistive technology devices and services.

(3) Requirement with respect to regular education teacher. A regular education

teacher of a child with a disability, as a member of the IEP Team, must, to the

extent appropriate, participate in the development of the IEP of the child,

including the determination of—

(i) Appropriate positive behavioral interventions and supports and other

strategies for the child; and

(ii) Supplementary aids and services, program modifications, and support for

school personnel consistent with § 300.320(a)(4).

(4) Agreement.

(i) In making changes to a child’s IEP after the annual IEP Team meeting for a

school year, the parent of a child with a disability and the public agency may

agree not to convene an IEP Team meeting for the purposes of making those

changes, and instead may develop a written document to amend or modify

the child’s current IEP.

(ii) If changes are made to the child’s IEP in accordance with paragraph (a) (4)(i)

of this section, the public agency must ensure that the child’s IEP Team is

informed of those changes.

(5) Consolidation of IEP Team meetings. To the extent possible, the public agency

must encourage the consolidation of reevaluation meetings for the child and

other IEP Team meetings for the child.

(6) Amendments. Changes to the IEP may be made either by the entire IEP Team at

an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by

amending the IEP rather than by redrafting the entire IEP. Upon request, a parent

must be provided with a revised copy of the IEP with the amendments

incorporated.

(b) Review and revision of IEPs—

(1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and

(b)(3) of this section, the IEP Team—

(i) Reviews the child’s IEP periodically, but not less than annually, to determine

whether the annual goals for the child are being achieved; and

(ii) Revises the IEP, as appropriate, to address—

(A) Any lack of expected progress toward the annual goals described in §

300.320(a)(2), and in the general education curriculum, if appropriate;

(B) The results of any reevaluation conducted under § 300.303;

under § 300.305(a)(2);

(D) The child’s anticipated needs; or

(E) Other matters.

(2) Consideration of special factors. In conducting a review of the child’s IEP, the IEP

Team must consider the special factors described in paragraph (a)(2) of this

section.

(3) Requirement with respect to regular education teacher. A regular education

teacher of the child, as a member of the IEP Team, must, consistent with

paragraph (a)(3) of this section, participate in the review and revision of the IEP

of the child.

(1) Participating agency failure. If a participating agency, other than the public

agency, fails to provide the transition services described in the IEP in accordance

with § 300.320(b), the public agency must reconvene the IEP Team to identify

alternative strategies to meet the transition objectives for the child set out in the

IEP.

(2) Construction. Nothing in this part relieves any participating agency, including a

State vocational rehabilitation agency, of the responsibility to provide or pay for

any transition service that the agency would otherwise provide to children with

disabilities who meet the eligibility criteria of that agency.

(d) Children with disabilities in adult prisons—

(1) Requirements that do not apply. The following requirements do not apply to

children with disabilities who are convicted as adults under State law and

incarcerated in adult prisons:

(i) The requirements contained in section 612(a)(16) of the Act and §

300.320(a)(6) (relating to participation of children with disabilities in general

assessments).

(ii) The requirements in § 300.320(b) (relating to transition planning and

transition services) do not apply with respect to the children whose eligibility

under Part B of the Act will end, because of their age, before they will be

eligible to be released from prison based on consideration of their sentence

and eligibility for early release.

(2) Modifications of IEP or placement.

(i) Subject to paragraph (d)(2)(ii) of this section, the IEP Team of a child with a

disability who is convicted as an adult under State law and incarcerated in an

adult prison may modify the child’s IEP or placement if the State has

demonstrated a bona fide security or compelling penological interest that

cannot otherwise be accommodated.

(ii) The requirements of §§ 300.320 (relating to IEPs), and 300.114 (relating to

LRE), do not apply with respect to the modifications described in paragraph

(d)(2)(i) of this section.

§ 300.328 Alternative means of meeting participation.

When conducting IEP Team meetings and placement meetings pursuant to this subpart,

and subpart E of this part, and carrying out administrative matters under section 615

of the Act (such as scheduling, exchange of witness lists, and status conferences), the

parent of a child with a disability and a public agency may agree to use alternative

means of meeting participation, such as video conferences and conference calls.

MARSE R 340.1722 District responsibilities.

Rule 22.

(1) 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.

(2) The staff person responsible for the implementation of the individualized education

program shall be either of the following:

(a) The principal of the building where the primary educational program is provided

to the student with an individualized education program.

(b) Another staff person who is generally accessible to the staff and who will be

working with the student.

(3) Each public agency shall provide special education and related services to a student

in accordance with the student’s individualized education program.

Related IDEA Federal Regulations

§ 300.105 Assistive technology.

(a) Each public agency must ensure that assistive technology devices or assistive

technology services, or both, as those terms are defined in §§ 300.5 and 300.6,

respectively, are made available to a child with a disability if required as a part of the

child’s—

(1) Special education under § 300.39;

(2) Related services under § 300.34; or

(3) Supplementary aids and services under §§ 300.42 and 300.114(a)(2)(ii).

(b) On a case-by-case basis, the use of school-purchased assistive technology devices in

a child’s home or in other settings is required if the child’s IEP Team determines that

the child needs access to those devices in order to receive FAPE.

§ 300.114 LRE requirements.

(a) General.

(1) Except as provided in § 300.324(d)(2) (regarding children with disabilities in adult

prisons), the State must have in effect policies and procedures to ensure that

public agencies in the State meet the LRE requirements of this section and §§

300.115 through 300.120.

(2) Each public agency must ensure that—

(i) To the maximum extent appropriate, children with disabilities, including

children in public or private institutions or other care facilities, are educated

with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with

disabilities from the regular educational environment occurs only if the nature

or severity of the disability is such that education in regular classes with the

use of supplementary aids and services cannot be achieved satisfactorily.

(b) Additional requirement—State funding mechanism—

(1) General.

(i) A State funding mechanism must not result in placements that violate the

requirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanism by which the State distributes

funds on the basis of the type of setting in which a child is served that will

result in the failure to provide a child with a disability FAPE according to the

unique needs of the child, as described in the child’s IEP.

(2) Assurance. If the State does not have policies and procedures to ensure

compliance with paragraph (b)(1) of this section, the State must provide the

Secretary an assurance that the State will revise the funding mechanism as soon

as feasible to ensure that the mechanism does not result in placements that

violate that paragraph.

§ 300.115 Continuum of alternative placements.

(a) Each public agency must ensure that a continuum of alternative placements is

available to meet the needs of children with disabilities for special education and

related services.

(b) The continuum required in paragraph (a) of this section must—

(1) Include the alternative placements listed in the definition of special education

under § 300.39 (instruction in regular classes, special classes, special schools,

home instruction, and instruction in hospitals and institutions); and

(2) Make provision for supplementary services (such as resource room or itinerant

instruction) to be provided in conjunction with regular class placement.

§ 300.116 Placements.

In determining the educational placement of a child with a disability, including a

preschool child with a disability, each public agency must ensure that—

(a) The placement decision—

(1) Is made by a group of persons, including the parents, and other persons

knowledgeable about the child, the meaning of the evaluation data, and the

placement options; and

(2) Is made in conformity with the LRE provisions of this subpart, including §§

300.114 through 300.118;

(b) The child’s placement—

(1) Is determined at least annually;

(2) Is based on the child’s IEP; and

(3) Is as close as possible to the child’s home;

is educated in the school that he or she would attend if nondisabled;

(d) In selecting the LRE, consideration is given to any potential harmful effect on the

child or on the quality of services that he or she needs; and

(e) A child with a disability is not removed from education in age-appropriate regular

classrooms solely because of needed modifications in the general education

curriculum.

§ 300.117 Nonacademic settings.

In providing or arranging for the provision of nonacademic and extracurricular services

and activities, including meals, recess periods, and the services and activities set forth in

§ 300.107, each public agency must ensure that each child with a disability participates

with nondisabled children in the extracurricular services and activities to the maximum

extent appropriate to the needs of that child. The public agency must ensure that each

child with a disability has the supplementary aids and services determined by the child’s

IEP Team to be appropriate and necessary for the child to participate in nonacademic

settings.

§ 300.327 Educational placements.

Consistent with § 300.501(c), each public agency must ensure that the parents of each

child with a disability are members of any group that makes decisions on the

educational placement of their child.

MARSE R 340.1723c Right to independent educational evaluation.

Rule 23c.

(1) Each public agency shall provide parents with information about independent

educational evaluations at public expense. The information must include all of the

following:

(a) Criteria regarding credentials for qualified examiners.

(b) Suggested sources and locations.

(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.

(3) When a parent requests an independent educational evaluation at public expense,

the public agency shall, without unnecessary delay, either provide an independent

educational evaluation at public expense or initiate a hearing under R 340.1724f to

show that its evaluation is appropriate.

(4) The public agency shall respond with written notice consistent with 34 CFR 300.503

to a request for an independent educational evaluation under this rule within 7

calendar days of its receipt by indicating the public agency’s intention to honor the

request or initiate the hearing procedure under R 340.1724f. If there is a hearing

under R 340.1724f and the hearing officer determines that the evaluation is

appropriate, the parent retains the right to an independent educational evaluation,

but not at public expense.

(5) The public agency shall disclose to the parent, before evaluation, whether the

examiner who was contracted to provide an independent educational evaluation

provides services to the public agency that are in addition to the independent

educational evaluation.

(6) Unless agreeable to the parent, an examiner who otherwise or regularly contracts

with the public agency to provide services shall not conduct an independent

educational evaluation.

Related IDEA Federal Regulation

§ 300.502 Independent educational evaluation.

(a) General.

(1) The parents of a child with a disability have the right under this part to obtain an

independent educational evaluation of the child, subject to paragraphs (b)

through (e) of this section.

(2) Each public agency must provide to parents, upon request for an independent

educational evaluation, information about where an independent educational

evaluation may be obtained, and the agency criteria applicable for independent

educational evaluations as set forth in paragraph (e) of this section.

(3) For the purposes of this subpart—

(i) Independent educational evaluation means an evaluation conducted by a

qualified examiner who is not employed by the public agency responsible for

the education of the child in question; and

(ii) Public expense means that the public agency either pays for the full cost of

the evaluation or ensures that the evaluation is otherwise provided at no cost

to the parent, consistent with § 300.103.

(b) Parent right to evaluation at public expense.

(1) 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,

subject to the conditions in paragraphs (b)(2) through (4) of this section.

(2) If a parent requests an independent educational evaluation at public expense,

the public agency must, without unnecessary delay, either—

(i) File a due process complaint to request a hearing to show that its evaluation

is appropriate; or

(ii) Ensure that an independent educational evaluation is provided at public

expense, unless the agency demonstrates in a hearing pursuant to §§ 300.507

through 300.513 that the evaluation obtained by the parent did not meet

agency criteria.

(3) If the public agency files a due process complaint notice to request a hearing and

the final decision is that the agency’s evaluation is appropriate, the parent still

has the right to an independent educational evaluation, but not at public

expense.

(4) If a parent requests an independent educational evaluation, the public agency

may ask for the parent’s reason why he or she objects to the public evaluation.

However, the public agency may not require the parent to provide an explanation

and may not unreasonably delay either providing the independent educational

evaluation at public expense or filing a due process complaint to request a due

process hearing to defend the public evaluation.

(5) A parent is entitled to only one independent educational evaluation at public

expense each time the public agency conducts an evaluation with which the

parent disagrees.

evaluation at public expense or shares with the public agency an evaluation obtained

at private expense, the results of the evaluation—

(1) Must be considered by the public agency, if it meets agency criteria, in any

decision made with respect to the provision of FAPE to the child; and

(2) May be presented by any party as evidence at a hearing on a due process

complaint under subpart E of this part regarding that child.

(d) Requests for evaluations by hearing officers. If a hearing officer requests an

independent educational evaluation as part of a hearing on a due process complaint,

the cost of the evaluation must be at public expense.

(e) Agency criteria.

(1) If an independent educational evaluation is at public expense, the criteria under

which the evaluation is obtained, including the location of the evaluation and the

qualifications of the examiner, must be the same as the criteria that the public

agency uses when it initiates an evaluation, to the extent those criteria are

consistent with the parent’s right to an independent educational evaluation.

(2) Except for the criteria described in paragraph (e)(1) of this section, a public

agency may not impose conditions or timelines related to obtaining an

independent educational evaluation at public expense.

MARSE 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 340.1724f.

(2) The superintendent of public instruction shall approve procedures regarding the

mediation process.

Related IDEA Federal Regulations

§ 300.506 Mediation.

(a) General. Each public agency must ensure that procedures are established and

implemented to allow parties to disputes involving any matter under this part,

including matters arising prior to the filing of a due process complaint, to resolve

disputes through a mediation process.

(b) Requirements. The procedures must meet the following requirements:

(1) The procedures must ensure that the mediation process—

(i) Is voluntary on the part of the parties;

(ii) Is not used to deny or delay a parent’s right to a hearing on the parent’s due

process complaint, or to deny any other rights afforded under Part B of the

Act; and

(iii) Is conducted by a qualified and impartial mediator who is trained in effective

mediation techniques.

(2) A public agency may establish procedures to offer to parents and schools that

choose not to use the mediation process, an opportunity to meet, at a time and

location convenient to the parents, with a disinterested party—

(i) Who is under contract with an appropriate alternative dispute resolution

entity, or a parent training and information center or community parent

resource center in the State established under section 671 or 672 of the Act;

and

(ii) Who would explain the benefits of, and encourage the use of, the mediation

process to the parents.

(3)

(i) The State must maintain a list of individuals who are qualified mediators and

knowledgeable in laws and regulations relating to the provision of special

education and related services.

(ii) The SEA must select mediators on a random, rotational, or other impartial

basis.

(4) The State must bear the cost of the mediation process, including the costs of

meetings described in paragraph (b)(2) of this section.

(5) Each session in the mediation process must be scheduled in a timely manner and

must be held in a location that is convenient to the parties to the dispute.

(6) If the parties resolve a dispute through the mediation process, the parties must

execute a legally binding agreement that sets forth that resolution and that—

(i) States that all discussions that occurred during the mediation process will

remain confidential and may not be used as evidence in any subsequent due

process hearing or civil proceeding; and

(ii) Is signed by both the parent and a representative of the agency who has the

authority to bind such agency.

(7) A written, signed mediation agreement under this paragraph is enforceable in

any State court of competent jurisdiction or in a district court of the United

States. Discussions that occur during the mediation process must be confidential

and may not be used as evidence in any subsequent due process hearing or civil

proceeding of any Federal court or State court of a State receiving assistance

under this part.

(1) An individual who serves as a mediator under this part—

(i) May not be an employee of the SEA or the LEA that is involved in the

education or care of the child; and

(ii) Must not have a personal or professional interest that conflicts with the

person’s objectivity.

(2) A person who otherwise qualifies as a mediator is not an employee of an LEA or

State agency described under § 300.228 solely because he or she is paid by the

agency to serve as a mediator.

MARSE R 340.1724f Due process complaints; procedures.

Rule 24f.

(1) A parent, a public agency, or the department may request a hearing by doing both of

the following:

(a) Filing a written due process complaint, signed by the complainant, with the

department by mail, by personal delivery, or by electronic submission.

(b) Providing a copy of the complaint to the public agency or other party or parties

that are the subject of the due process complaint.

(2) A complainant may request a hearing on matters related to 1 or more of the

following:

(a) Identification.

(b) Evaluation.

(d) Provision of a free appropriate public education.

(e) Provision of appropriate services under 34 CFR Part 303 (2019) to the child or the

child’s family.

(f) Assignment of financial obligations for services under 34 CFR Part 303 (2019) 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.

(3) Upon receipt of a due process complaint, the department shall refer the complaint

to the Michigan office of administrative hearings and rules, which shall appoint an

administrative law judge to conduct a hearing in accordance with the Individuals

with Disabilities Education Act, 20 USC 1400 et seq.; sections 1701 to 1761 of the

revised school code, 1976 PA 451, MCL 380.1701 to 380.1761; R 792.11801 to R

792.11803; and these rules.

(4) Any party aggrieved by a final decision and order issued by an administrative law

judge under this rule may appeal to a court of competent jurisdiction within 90 days

after the mailing date of the final decision and order.

(5) Unless otherwise specified in the administrative law judge’s final decision and order,

the public agency shall implement the final decision and order within 15 school days

of the agency’s receipt of the final decision and order.

(6) If the final decision and order of an administrative law judge requires, the public

agency shall submit proof of compliance with the final decision and order to the

department, documenting that the public agency has implemented the provisions of

the final decision and order.

Related IDEA Federal Regulation

§ 300.507 Filing a due process complaint.

(a) General.

(1) A parent or a public agency may file a due process complaint on any of the

matters described in § 300.503(a)(1) and (2) (relating to the identification,

evaluation or educational placement of a child with a disability, or the provision

of FAPE to the child).

(2) The due process complaint must allege a violation that occurred not more than

two years before the date the parent or public agency knew or should have

known about the alleged action that forms the basis of the due process

complaint, or, if the State has an explicit time limitation for filing a due process

complaint under this part, in the time allowed by that State law, except that the

exceptions to the timeline described in § 300.511(f) apply to the timeline in this

section.

(b) Information for parents. The public agency must inform the parent of any free or

low-cost legal and other relevant services available in the area if—

(1) The parent requests the information; or

(2) The parent or the agency files a due process complaint under this section.

§ 300.508 Due process complaint.

(a) General.

(1) The public agency must have procedures that require either party, or the

attorney representing a party, to provide to the other party a due process

complaint (which must remain confidential).

(2) The party filing a due process complaint must forward a copy of the due process

complaint to the SEA.

(b) Content of complaint. The due process complaint required in paragraph (a)(1) of this

section must include—

(1) The name of the child;

(2) The address of the residence of the child;

(3) The name of the school the child is attending;

(4) In the case of a homeless child or youth (within the meaning of section 725(2) of

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available

contact information for the child, and the name of the school the child is

attending;

(5) A description of the nature of the problem of the child relating to the proposed

or refused initiation or change, including facts relating to the problem; and

(6) A proposed resolution of the problem to the extent known and available to the

party at the time.

hearing on a due process complaint until the party, or the attorney representing the

party, files a due process complaint that meets the requirements of paragraph (b) of

this section.

(d) Sufficiency of complaint.

(1) The due process complaint required by this section must be deemed sufficient

unless the party receiving the due process complaint notifies the hearing officer

and the other party in writing, within 15 days of receipt of the due process

complaint, that the receiving party believes the due process complaint does not

meet the requirements in paragraph (b) of this section.

(2) Within five days of receipt of notification under paragraph (d)(1) of this section,

the hearing officer must make a determination on the face of the due process

complaint of whether the due process complaint meets the requirements of

paragraph (b) of this section, and must immediately notify the parties in writing

of that determination.

(3) A party may amend its due process complaint only if—

(i) The other party consents in writing to the amendment and is given the

opportunity to resolve the due process complaint through a meeting held

pursuant to § 300.510; or

(ii) The hearing officer grants permission, except that the hearing officer may

only grant permission to amend at any time not later than five days before

the due process hearing begins.

(4) If a party files an amended due process complaint, the timelines for the

resolution meeting in § 300.510(a) and the time period to resolve in § 300.510(b)

begin again with the filing of the amended due process complaint.

(e) LEA response to a due process complaint.

(1) If the LEA has not sent a prior written notice under § 300.503 to the parent

regarding the subject matter contained in the parent’s due process complaint,

the LEA must, within 10 days of receiving the due process complaint, send to the

parent a response that includes—

(i) An explanation of why the agency proposed or refused to take the action

raised in the due process complaint;

(ii) A description of other options that the IEP Team considered and the reasons

why those options were rejected;

(iii) A description of each evaluation procedure, assessment, record, or report the

agency used as the basis for the proposed or refused action; and

(iv) A description of the other factors that are relevant to the agency’s proposed

or refused action.

(2) A response by an LEA under paragraph (e)(1) of this section shall not be

construed to preclude the LEA from asserting that the parent’s due process

complaint was insufficient, where appropriate.

(f) Other party response to a due process complaint. Except as provided in paragraph

(e) of this section, the party receiving a due process complaint must, within 10 days

of receiving the due process complaint, send to the other party a response that

specifically addresses the issues raised in the due process complaint.

§ 300.509 Model forms.

(a) Each SEA must develop model forms to assist parents and public agencies in filing a

due process complaint in accordance with §§ 300.507(a) and 300.508(a) through (c)

and to assist parents and other parties in filing a State complaint under §§ 300.151

through 300.153. However, the SEA or LEA may not require the use of the model

forms.

(b) Parents, public agencies, and other parties may use the appropriate model form

described in paragraph (a) of this section, or another form or other document, so

long as the form or document that is used meets, as appropriate, the content

requirements in § 300.508(b) for filing a due process complaint, or the requirements

in § 300.153(b) for filing a State complaint.

§ 300.510 Resolution process.

(a) Resolution meeting.

(1) Within 15 days of receiving notice of the parent’s due process complaint, and

prior to the initiation of a due process hearing under § 300.511, the LEA must

convene a meeting with the parent and the relevant member or members of the

IEP Team who have specific knowledge of the facts identified in the due process

complaint that—

(i) Includes a representative of the public agency who has decision-making

authority on behalf of that agency; and

(ii) May not include an attorney of the LEA unless the parent is accompanied by

an attorney.

(2) The purpose of the meeting is for the parent of the child to discuss the due

process complaint, and the facts that form the basis of the due process

complaint, so that the LEA has the opportunity to resolve the dispute that is the

basis for the due process complaint.

(3) The meeting described in paragraph (a)(1) and (2) of this section need not be

held if—

(i) The parent and the LEA agree in writing to waive the meeting; or

(ii) The parent and the LEA agree to use the mediation process described in §

300.506.

(4) The parent and the LEA determine the relevant members of the IEP Team to

attend the meeting.

(b) Resolution period.

(1) If the LEA has not resolved the due process complaint to the satisfaction of the

parent within 30 days of the receipt of the due process complaint, the due

process hearing may occur.

(2) Except as provided in paragraph (c) of this section, the timeline for issuing a final

decision under § 300.515 begins at the expiration of this 30-day period.

(3) Except where the parties have jointly agreed to waive the resolution process or

to use mediation, notwithstanding paragraphs (b)(1) and (2) of this section, the

failure of the parent filing a due process complaint to participate in the resolution

meeting will delay the timelines for the resolution process and due process

hearing until the meeting is held.

(4) If the LEA is unable to obtain the participation of the parent in the resolution

meeting after reasonable efforts have been made (and documented using the

procedures in § 300.322(d)), the LEA may, at the conclusion of the 30- day period,

request that a hearing officer dismiss the parent’s due process complaint.

(5) If the LEA fails to hold the resolution meeting specified in paragraph (a) of this

section within 15 days of receiving notice of a parent’s due process complaint or

fails to participate in the resolution meeting, the parent may seek the

intervention of a hearing officer to begin the due process hearing timeline.

hearing in § 300.515(a) starts the day after one of the following events: (1) Both

parties agree in writing to waive the resolution meeting;

(1) After either the mediation or resolution meeting starts but before the end of the

30-day period, the parties agree in writing that no agreement is possible;

(2) If both parties agree in writing to the 30-day resolution period, but later, the

parent or public agency withdraws from the mediation process.

(d) Written settlement agreement. If a resolution to the dispute is reached at the

meeting described in paragraphs (a)(1) and (2) of this section, the parties must

execute a legally binding agreement that is—

(1) Signed by both the parent and a representative of the agency who has the

authority to bind the agency; and

(2) Enforceable in any State court of competent jurisdiction or in a district court of

the United States, or, by the SEA, if the State has other mechanisms or

procedures that permit parties to seek enforcement of resolution agreements,

pursuant to § 300.537.

(e) Agreement review period. If the parties execute an agreement pursuant to

paragraph (d) of this section, a party may void the agreement within 3 business days

of the agreement’s execution.

§ 300.511 Impartial due process hearing.

(a) General. Whenever a due process complaint is received under § 300.507 or §

300.532, the parents or the LEA involved in the dispute must have an opportunity for

an impartial due process hearing, consistent with the procedures in §§ 300.507,

300.508, and 300.510.

(b) Agency responsible for conducting the due process hearing. The hearing described in

paragraph (a) of this section must be conducted by the SEA or the public agency

directly responsible for the education of the child, as determined under State

statute, State regulation, or a written policy of the SEA.

(1) At a minimum, a hearing officer—

(i) Must not be—

(A) An employee of the SEA or the LEA that is involved in the education or

care of the child; or

(B) A person having a personal or professional interest that conflicts with the

person’s objectivity in the hearing;

(ii) Must possess knowledge of, and the ability to understand, the provisions of

the Act, Federal and State regulations pertaining to the Act, and legal

interpretations of the Act by Federal and State courts;

(iii) Must possess the knowledge and ability to conduct hearings in accordance

with appropriate, standard legal practice; and

(iv) Must possess the knowledge and ability to render and write decisions in

accordance with appropriate, standard legal practice.

(2) A person who otherwise qualifies to conduct a hearing under paragraph (c) (1) of

this section is not an employee of the agency solely because he or she is paid by

the agency to serve as a hearing officer.

(3) Each public agency must keep a list of the persons who serve as hearing officers.

The list must include a statement of the qualifications of each of those persons.

(d) Subject matter of due process hearings. The party requesting the due process

hearing may not raise issues at the due process hearing that were not raised in the

due process complaint filed under § 300.508(b), unless the other party agrees

otherwise.

(e) Timeline for requesting a hearing. A parent or agency must request an impartial

hearing on their due process complaint within two years of the date the parent or

agency knew or should have known about the alleged action that forms the basis of

the due process complaint, or if the State has an explicit time limitation for

requesting such a due process hearing under this part, in the time allowed by that

State law.

(f) Exceptions to the timeline. The timeline described in paragraph (e) of this section

does not apply to a parent if the parent was prevented from filing a due process

complaint due to—

(1) Specific misrepresentations by the LEA that it had resolved the problem forming

the basis of the due process complaint; or

(2) The LEA’s withholding of information from the parent that was required under

this part to be provided to the parent.

§ 300.512 Hearing rights.

(a) General. Any party to a hearing conducted pursuant to §§ 300.507 through 300.513

or §§ 300.530 through 300.534, or an appeal conducted pursuant to § 300.514, has

the right to—

(1) Be accompanied and advised by counsel and by individuals with special

knowledge or training with respect to the problems of children with disabilities,

except that whether parties have the right to be represented by non-attorneys at

due process hearings is determined under State law;

(2) Present evidence and confront, cross-examine, and compel the attendance of

witnesses;

(3) Prohibit the introduction of any evidence at the hearing that has not been

disclosed to that party at least five business days before the hearing;

(4) Obtain a written, or, at the option of the parents, electronic, verbatim record of

the hearing; and

(5) Obtain written, or, at the option of the parents, electronic findings of fact and

decisions.

(b) Additional disclosure of information.

(1) At least five business days prior to a hearing conducted pursuant to § 300.511(a),

each party must disclose to all other parties all evaluations completed by that

date and recommendations based on the offering party’s evaluations that the

party intends to use at the hearing.

(2) A hearing officer may bar any party that fails to comply with paragraph (b)(1) of

this section from introducing the relevant evaluation or recommendation at the

hearing without the consent of the other party.

(1) Have the child who is the subject of the hearing present;

(2) Open the hearing to the public; and

(3) Have the record of the hearing and the findings of fact and decisions described in

paragraphs (a)(4) and (a)(5) of this section provided at no cost to parents.

§ 300.513 Hearing decisions.

(a) Decision of hearing officer on the provision of FAPE.

(1) Subject to paragraph (a)(2) of this section, a hearing officer’s determination of

whether a child received FAPE must be based on substantive grounds.

(2) In matters alleging a procedural violation, a hearing officer may find that a child

did not receive a FAPE only if the procedural inadequacies—

(i) Impeded the child’s right to a FAPE;

(ii) Significantly impeded the parent’s opportunity to participate in the decision-

making process regarding the provision of a FAPE to the parent’s child; or

(iii) Caused a deprivation of educational benefit.

(3) Nothing in paragraph (a) of this section shall be construed to preclude a hearing

officer from ordering an LEA to comply with procedural requirements under §§

300.500 through 300.536.

(b) Construction clause. Nothing in §§ 300.507 through 300.513 shall be construed to

affect the right of a parent to file an appeal of the due process hearing decision with

the SEA under § 300.514(b), if a State level appeal is available.

shall be construed to preclude a parent from filing a separate due process complaint

on an issue separate from a due process complaint already filed.

(d) Findings and decision to advisory panel and general public. The public agency, after

deleting any personally identifiable information, must—

(1) Transmit the findings and decisions referred to in § 300.512(a)(5) to the State

advisory panel established under § 300.167; and

(2) Make those findings and decisions available to the public.

§ 300.514 Finality of decision; appeal; impartial review.

(a) Finality of hearing decision. A decision made in a hearing conducted pursuant to §§

300.507 through 300.513 or §§ 300.530 through 300.534 is final, except that any

party involved in the hearing may appeal the decision under the provisions of

paragraph (b) of this section and § 300.516.

(b) Appeal of decisions; impartial review.

(1) If the hearing required by § 300.511 is conducted by a public agency other than

the SEA, any party aggrieved by the findings and decision in the hearing may

appeal to the SEA.

(2) If there is an appeal, the SEA must conduct an impartial review of the findings

and decision appealed. The official conducting the review must—

(i) Examine the entire hearing record;

(ii) Ensure that the procedures at the hearing were consistent with the

requirements of due process;

(iii) Seek additional evidence if necessary. If a hearing is held to receive additional

evidence, the rights in § 300.512 apply;

(iv) Afford the parties an opportunity for oral or written argument, or both, at the

discretion of the reviewing official;

(v) Make an independent decision on completion of the review; and

(vi) Give a copy of the written, or, at the option of the parents, electronic findings

of fact and decisions to the parties.

any personally identifiable information, must—

(1) Transmit the findings and decisions referred to in paragraph (b)(2)(vi) of this

section to the State advisory panel established under § 300.167; and

(2) Make those findings and decisions available to the public.

(d) Finality of review decision. The decision made by the reviewing official is final unless

a party brings a civil action under § 300.516.

§ 300.515 Timelines and convenience of hearings and reviews.

(a) The public agency must ensure that not later than 45 days after the expiration of the

30 day period under § 300.510(b), or the adjusted time periods described in §

300.510(c)—

(1) A final decision is reached in the hearing; and

(2) A copy of the decision is mailed to each of the parties.

(b) The SEA must ensure that not later than 30 days after the receipt of a request for a

review—

(1) A final decision is reached in the review; and

(2) A copy of the decision is mailed to each of the parties.

periods set out in paragraphs (a) and (b) of this section at the request of either party.

(d) Each hearing and each review involving oral arguments must be conducted at a time

and place that is reasonably convenient to the parents and child involved.

§ 300.518 Child’s status during proceedings.

(a) Except as provided in § 300.533, during the pendency of any administrative or

judicial proceeding regarding a due process complaint notice requesting a due

process hearing under § 300.507, unless the State or local agency and the parents of

the child agree otherwise, the child involved in the complaint must remain in his or

her current educational placement.

(b) If the complaint involves an application for initial admission to public school, the

child, with the consent of the parents, must be placed in the public school until the

completion of all the proceedings.

child who is transitioning from Part C of the Act to Part B and is no longer eligible for

Part C services because the child has turned three, the public agency is not required

to provide the Part C services that the child had been receiving. If the child is found

eligible for special education and related services under Part B and the parent

consents to the initial provision of special education and related services under §

300.300(b), then the public agency must provide those special education and related

services that are not in dispute between the parent and the public agency.

(d) If the hearing officer in a due process hearing conducted by the SEA or a State review

official in an administrative appeal agrees with the child’s parents that a change of

placement is appropriate, that placement must be treated as an agreement between

the State and the parents for purposes of paragraph (a) of this section.

MARSE R 340.1724h Administrative law judge training.

Rule 24h.

The department, in conjunction with the Michigan office of administrative hearings and

rules, shall ensure that administrative law judges conducting hearings under these rules

receive training, as needed, regarding administrative law, administrative procedure,

special education law, special education rules, special education policy, and special

education practice.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1725e Administrative law judge; duties and authority.

Rule 25e.

(1) The administrative law judge 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.

(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

ensuring an orderly procedure.

(f) Grant a specific extension of time at the request of either party for good cause.

(2) The administrative law judge shall disclose to both parties any relationship of a

professional or personal nature that might have a bearing on his or her ability to

conduct a fair hearing or render an impartial decision and shall consider motions to

disqualify the administrative law judge.

(3) The administrative law judge may admit and consider evidence of a type upon which

reasonably prudent persons rely in the conduct of their affairs. The administrative

law judge may exclude irrelevant, immaterial, and unduly repetitious evidence. The

administrative law judge shall give effect to the rules of privilege recognized by law.

(4) For matters that these rules do not specifically address, R 792.10101 to R 792.10137,

R 792.11801 to R 792.11803, the Michigan court rules, and chapter 4 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288, apply.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1725f Surrogate parent.

Rule 25f.

Each public agency shall appoint persons to serve as surrogate parents in accordance

with 34 CFR part 300 section 300.519.

Related IDEA Federal Regulations

§ 300.519 Surrogate parents.

(a) General. Each public agency must ensure that the rights of a child are protected

when—

(1) No parent (as defined in § 300.30) can be identified;

(2) The public agency, after reasonable efforts, cannot locate a parent;

(3) The child is a ward of the State under the laws of that State; or

(4) The child is an unaccompanied homeless youth as defined in section 725(6) of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

(b) Duties of public agency. The duties of a public agency under paragraph (a) of this

section include the assignment of an individual to act as a surrogate for the parents.

This must include a method—

(1) For determining whether a child needs a surrogate parent; and

(2) For assigning a surrogate parent to the child.

parent alternatively may be appointed by the judge overseeing the child’s case,

provided that the surrogate meets the requirements in paragraphs (d)(2)(i) and (e) of

this section.

(d) Criteria for selection of surrogate parents.

(1) The public agency may select a surrogate parent in any way permitted under

State law.

(2) Public agencies must ensure that a person selected as a surrogate parent—

(i) Is not an employee of the SEA, the LEA, or any other agency that is involved in

the education or care of the child;

(ii) Has no personal or professional interest that conflicts with the interest of the

child the surrogate parent represents; and

(iii) Has knowledge and skills that ensure adequate representation of the child.

(e) Non-employee requirement; compensation. A person otherwise qualified to be a

surrogate parent under paragraph (d) of this section is not an employee of the

agency solely because he or she is paid by the agency to serve as a surrogate parent.

(f) Unaccompanied homeless youth. In the case of a child who is an unaccompanied

homeless youth, appropriate staff of emergency shelters, transitional shelters,

independent living programs, and street outreach programs may be appointed as

temporary surrogate parents without regard to paragraph (d)(2)(i) of this section,

until a surrogate parent can be appointed that meets all of the requirements of

paragraph (d) of this section.

(g) Surrogate parent responsibilities. The surrogate parent may represent the child in all

matters relating to—

(1) The identification, evaluation, and educational placement of the child; and

(2) The provision of FAPE to the child.

(h) SEA responsibility. The SEA must make reasonable efforts to ensure the assignment

of a surrogate parent not more than 30 days after a public agency determines that

the child needs a surrogate parent.

Part 3: Administration of Programs and Services

MARSE Rules 340.1732 – 340.1758

MARSE R 340.1732 Designation of residency.

Rule 32.

(1) The residency of a student with a disability shall be determined in accordance with

sections 380.1148 and 380.1148a of 1976 PA 451, MCL 380.1148 and MCL

380.1148a.

(2) 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.

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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1733 Program and service requirements.

Rule 33.

An intermediate school district, local school district, public school academy, and any

other agency shall comply with all of the following general requirements for all

programs and services for students with disabilities:

(a) Special education classrooms or areas where related services are provided must

have at least the same average number of square feet per student, and the same

light, ventilation, and heat conditions as provided for general education students in

the school district.

(b) Programs for students with severe cognitive impairment and severe multiple

impairments that have students under 16 years of age must not exceed a 6-year age

span at any 1 time.

are operated in separate facilities must not exceed a 4-year age span at any 1 time.

(d) The age span for students who are assigned to special education programs, except

for programs for students with severe cognitive impairment and severe multiple

impairments, operated in elementary buildings attended by children who are

nondisabled must not exceed, at any 1 time, the age span of the students who are

nondisabled in the building.

(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 must not exceed, at any 1 time, the age span of the students who are

nondisabled in the building, except in high school buildings where students up to 26

years of age may be served. As used in this subdivision, “nondisabled” does not

include individuals participating in adult education programs.

(f) Programs for students with severe cognitive impairment, severe multiple

impairments, and moderate cognitive impairment must comply with subdivisions (b),

(c), (d), and (e) of this rule unless a program is operated in accordance with an

approved intermediate school district plan where, due to the low incidence of

eligible students, expanded age ranges may be necessary for programmatic

feasibility and meeting the needs of students.

(g) Students with disabilities qualifying for special education programs and services shall

be provided with supplies and equipment at least equal to those provided to other

students in general education programs, in addition to those supplies and equipment

necessary to implement the students’ individualized education programs.

(h) Intermediate school districts, local school districts, public school academies, or a

combination of these agencies in cooperation with public and private entities, shall

provide or contract for the provision of transition services. Special education

teachers shall be assigned to supervise these services. Professional special education

personnel, a transition coordinator, or both, shall coordinate transition services.

(i) For worksite-based learning, there must be a written agreement signed by the

student, parent, school representative, and worksite representative that includes all

of the following information:

(i) Expectations and standards of attainment.

(ii) Job activities.

(iii) Time and duration of the program.

(iv) Wages to be paid to the student, if applicable.

(v) Related instruction, if applicable.

(vi) The name of a staff member designated by the superintendent or chief

administrator of the public agency to visit the student’s worksite at least once

every 30 calendar days for the duration of the program to check attendance and

student progress and assess the placement in terms of health, safety, and welfare

of the student.

(j) When an assigned instructional aide or teacher aide required by R 340.1738, R

340.1739, or R 340.1748 is absent, an instructional aide or teacher aide, as

appropriate, shall be provided. In addition, when an assigned aide required by R

340.1740 is absent, an appropriate aide shall be provided.

Related IDEA Federal Regulation

§ 300.14 Equipment.

Equipment means—

(a) Machinery, utilities, and built-in equipment, and any necessary enclosures or

structures to house the machinery, utilities, or equipment; and

(b) All other items necessary for the functioning of a particular facility as a facility for the

provision of educational services, including items such as instructional equipment

and necessary furniture; printed, published and audiovisual instructional materials;

telecommunications, sensory, and other technological aids and devices; and books,

periodicals, documents, and other related materials.

MARSE R 340.1734 Deviations from rules.

Rule 34.

(1) A deviation from these rules shall be requested, in writing, by an intermediate school

district, local school district, or public school academy that operates or contracts for

special education programs and services following procedures determined by the

department. 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 department shall initiate action within 30 calendar days of receipt of the

request. The department 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 department 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, 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

department 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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 of the following:

(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 10

consecutive days of pupil instruction.

regular school year established by the operating district must be made on an

individual basis by the individualized education program team.

(d) Teachers shall be responsible for the instructional program and shall coordinate the

activities of aides and supportive professional personnel.

(e) Instructional aides shall work under the supervision of the teacher and assist in the

student’s daily training program.

(f) Program assistants may assist the teacher and the instructional aides in the feeding,

lifting, and individualized care of students.

(g) A registered nurse shall be reasonably available.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

100

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1742 Programs for students who are deaf or hard of hearing.

Rule 42.

If a public agency operates programs and services for students who are deaf or hard of

hearing, it shall operate those programs and services as follows:

(a) A special class with 1 teacher shall have an enrollment of not more than 7 students.

(b) The public agency shall provide group amplification devices deemed necessary for

instruction by the individualized education program team. The public agency shall

ensure that the amplification devices worn by students who are deaf or hard of

hearing in school are functioning properly.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

101

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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

102

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.

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) (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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1746 Homebound and hospitalized services.

Rule 46.

(1) A district or intermediate district shall provide homebound and hospitalized services

to a student with a disability in accordance with section 109 of the state school aid

act of 1979, 1979 PA 94, MCL 388.1709, and the individuals with disabilities

education act, 20 USC 1400 to 1482.

(2) A district or intermediate district shall not assign more than 12 students at any 1

time to a special education teacher employed for homebound or hospitalized

services, or for a combination of these services.

(3) A student with a disability receiving homebound or hospitalized services shall receive

a minimum of 2 nonconsecutive hours of instruction per week. Related services may

supplement, but not substitute for, the teacher’s instruction.

(4) Homebound and hospitalized services are not a substitute for special education

programs and services. The provider of homebound and hospitalized services shall,

103

to the extent appropriate, provide curricular experiences that the district or

intermediate district provides in the program where the student is enrolled.

(5) For purposes of this rule, “district” and “intermediate district” mean those terms as

defined in sections 3 and 5 of the state school aid act of 1979, 1979 PA 94, MCL

388.1603 and 388.1605.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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 of the following:

(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 10

consecutive days of pupil instruction.

(3) 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.

(4) A registered nurse shall be reasonably available.

104

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1748a Teacher consultant without a student caseload assignment;

evaluation and consultation assignment; responsibilities.

Rule 48a.

(1) The teacher consultant for special education with an evaluation and consultation

assignment shall do either or both of the following:

(a) Provide consultation to education personnel on behalf of students with

disabilities.

(b) Evaluate students.

(2) The teacher consultant shall not serve in supervisory or administrative roles and

perform the function of a teacher consultant simultaneously.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1749 Teacher consultant with a student caseload; responsibilities.

Rule 49.

(1) The teacher consultant for special education with a student caseload shall do 1 or

more of the following:

(a) Provide instructional services to students receiving instruction 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 with a disability in a general education

classroom. 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.

disabilities on the consultant’s caseload.

105

(d) Evaluate students suspected of being a student with a disability.

(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.

(d) Report writing.

(e) Travel.

(3) The teacher consultant shall not serve in supervisory or administrative roles and

perform the function of a teacher consultant simultaneously.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1749a Elementary level resource program.

Rule 49a.

(1) A district that provides a special education elementary level resource program shall

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 program 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

106

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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1749b Secondary level resource program.

Rule 49b.

(1) A district that provides a special education secondary level resource program shall 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 program 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.

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Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

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MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1754 Early childhood special education programs; 2 years 6

months through 5 years of age.

Rule 54.

(1) Early childhood special education programs for students with disabilities may be

provided to students with disabilities who are 2 years 6 months through 5 years of

age.

(2) Early childhood special education programs for students with disabilities shall do all

of the following:

(a) Be provided by an approved or endorsed early childhood special education

teacher.

(b) Be based upon the student’s individual needs as determined through an age

appropriate developmental assessment and specified in an individualized

education program.

(d) Have a parent participation and education component.

(e) Be available for a minimum of 360 clock hours and 144 days of instruction.

(f) 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.

Related IDEA Federal Regulations

No related IDEA regulations.

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MARSE R 340.1755 Early childhood special education services; 2 years 6 months

through 5 years of age.

Rule 55.

(1) Early childhood special education services for students with disabilities may be

provided to students with disabilities who are 2 years 6 months through 5 years of

age.

(2) Early childhood special education services for students with disabilities shall do all of

the following:

(a) Be provided by an approved or endorsed early childhood special education

teacher or approved related service provider.

(b) Be provided by an approved related services staff working under the educational

direction of an approved or endorsed early childhood special education teacher.

provided in appropriate early childhood, school, community, or family settings.

(3) If a preschool-aged student with a disability is placed in a non-special education

program, then the individualized education program team shall consider the need

for consultation by an early childhood special education teacher.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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

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have responsibility for the educational programming for not more than 15

different children.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

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.

Related IDEA Federal Regulations

No related IDEA regulations.

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MARSE R 340.1758 Programs for students with autism spectrum disorder.

Rule 58.

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 an approved intermediate school district

plan under R 340.1832(d) that assures the provision of educational programming for

students with autism spectrum disorder.

Related IDEA Federal Regulations

No related IDEA regulations.

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Part 4: Qualifications of Directors and Supervisors

MARSE Rules 340.1771 – 340.1774

Note: There are no IDEA Federal Regulations to supplement Part 4 of the MARSE

MARSE 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.

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.

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(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.

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.

MARSE 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.

(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.

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(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.

(d) Verification of enrollment in the supervisor of special education program from a

college or university approved by the state board of education for preparation of

special education supervisors.

(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.

MARSE 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.

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Part 5: Qualifications of Teachers and Other Personnel

MARSE Rules 340.1781 – 340.1799g

Note: There are no IDEA Federal Regulations to supplement Part 5 of the MARSE

MARSE R 340.1781 Teachers of students with disabilities; endorsement

requirements.

Rule 81.

(1) A teacher seeking an endorsement or full approval by the department 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.

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(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.

MARSE 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.

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.

MARSE 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

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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.

MARSE 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.

MARSE 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.

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(ii) Emotional.

(iii) Language/communication.

(iv) Physical.

(v) Motor.

(vi) Sensory.

(vii) Learning, behavior, and health related problems.

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; pre-referral, 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.

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MARSE 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.

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.

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MARSE 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.

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.

121

(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.

MARSE 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 department:

(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.

MARSE 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.

MARSE 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

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aides, bilingual aides, instructional aides, and program assistants in programs for

students with cognitive impairment or severe multiple impairments.

MARSE R 340.1793a Interpreters for the deaf.

Rule 93a.

An interpreter for the deaf who provides services for students with disabilities in a local

school district, an intermediate school district, the Michigan school for the deaf, or a

public school academy as an employee or contractor shall satisfy the applicable

credential requirements set forth in rules promulgated under the deaf persons’

interpreters act, 1982 PA 204, MCL 393.501 to 393.509.

MARSE 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 shall possess 1 or more of the following:

(a) Endorsements in both special childhood and early childhood education.

(b) A major or minor in early childhood education or child growth and development

and a valid Michigan teaching certificate with a special education endorsement

with full approval from the department.

(2) Full approval as a teacher of preprimary impaired children is full approval as an early

childhood special education teacher if the teacher possesses a valid Michigan

teaching certificate.

MARSE 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

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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.

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 department 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.

MARSE R 340.1797 Teachers of students requiring adapted physical education;

special requirements.

Rule 97.

A teacher of students requiring adapted physical education 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 20 semester hours or equivalent hours in 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.

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(iii) Ability to use community and staff resources and collaborate with personnel

within the education environment.

(iv) Knowledge of measurement and evaluation, including standardized and

nonstandardized assessments and functional behavior analysis.

(v) Understand major components of federal and state legislation relating to

physical education.

(vi) Knowledge of the unique characteristics and implications of psychomotor,

cognitive, and affective attributes of all learners.

(vii) Ability to write in behavioral terms and assess cognitive, affective, and

psychomotor instructional objectives for physical education for students

requiring adapted physical education.

(viii) Knowledge of motor characteristics, motor behaviors, motor control, and

motor development sequences associated with various disabilities in

relationship to typical motor development.

(ix) Knowledge of anatomy, kinesiology, exercise science, biomechanics, and

neurology that pertains to normal and abnormal motor control and sensory

motor integration for teaching physical education to students with disabilities.

(x) Ability to adapt teaching methods, materials, and techniques to meet the

needs of students with disabilities specific to health-related fitness,

gymnasium and field use, fundamental motor skills and patterns, aquatic skills,

dance, individual and group games, and lifetime sports skills for the needs of

students with disabilities so that the individual can ultimately participate in

community-based leisure, recreation, and sport activities.

(xi) Ability to analyze, adapt, and implement physical education curriculum in

providing appropriate programs for a variety of disabilities.

(xii) Understand history and philosophy of physical education, recreation, and

sports in terms of trends in education of individuals with disabilities.

(xiii) Understand curriculum theory, curriculum development, movement

education, fitness, developmental activity-based curriculum, human, and

social development.

(xiv) Utilize instructional design and planning focusing on systematic curriculum

development and the spectrum of teaching styles for the purpose of

promoting learning.

(xv) Create and implement physical activity lessons with special emphasis on

personal adjustment in respect to assistive devices and mobility devices for the

purpose of creating successful learning opportunities.

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(xvi) Utilize technology applications in the preparation of lessons and within

lessons, as well as using technology as professional development.

(xvii) Understand the value of program evaluation measuring student performance

and the importance of monitoring the quality of program operations.

(xviii) Understand professional standards such as ethics, value appropriate

professional conduct, and the need to advance the knowledge base and the

profession.

(b) A directed field experience of not less than 60 clock hours teaching adapted physical

education in a school setting to students with disabilities.

approval as a teacher of physical education for individuals with disabilities, or

teaching of physical education for students with disabilities, shall be deemed to have

full approval as a teacher of physical education for students requiring adapted

physical education, if the teacher possesses a valid Michigan teaching certificate.

(d) As of the effective date of these rules, a teacher who is a certified adapted physical

educator accredited through the adapted physical education national standards

process, shall be deemed to be qualified as a teacher of physical education for

students requiring adapted physical education, if the teacher possesses a valid

Michigan teaching certificate.

MARSE R 340.1798 Teachers of students requiring adapted physical education;

role.

Rule 98.

Teachers of students requiring adapted physical education may do any of the following:

(a) Provide adapted physical education instruction to students with disabilities whose

disabilities preclude integration into general physical education classes without

supports or modifications.

(b) Assess students for the purpose of providing adapted physical education.

to general physical education teachers or special education teachers.

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MARSE R 340.1799 Teachers of students with autism spectrum disorder; special

requirements.

Rule 99.

(1) 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.

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,

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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.

MARSE 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.

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.

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(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

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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.

MARSE 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 pursuant to R 340.1781, R

340.1782, and all of the following:

(a) Understand and apply knowledge of the foundations for the education of students

with visual impairments, including unique characteristics and needs, as well as

ethical considerations relating to students’ education.

(b) Research and understand legislation and policies which impact identification,

educational continuum, placement, service delivery, and outcomes.

the eye, diseases and disorders of the eye, and their educational implications.

(d) Understand the effects of a visual impairment on early development in the following

areas:

(i) Cognition.

(ii) Self-help.

(iii) Language.

(iv) Motor skills.

(v) Social emotional interactions.

(e) Interpret eye reports and other vision-related diagnostic information.

(f) Proficiency in the use and transcription of the literary braille and nemeth code using

a braillewriter and slate and stylus.

(g) Instructional strategies for teaching braille and early literacy skills.

(h) Techniques for production of tactile graphics and instruction of tactile perceptual

skills.

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(i) Instructional strategies for teaching communication skills, including adapting

materials for students with visual and unique educational needs.

(j) Understand and apply knowledge of formal and informal assessments and

evaluations; use resulting data and other information to make service and

programming recommendations; participate in the development of students’

individualized education programs and individualized family service plans.

(k) Use data to identify individualized instructional strategies that enhance learning for

students with visual impairments through modification of the environment,

adaptation of materials, and the use of disability-specific methodologies and

technologies.

(l) Systematic instruction in sensory perceptual skills including, but not limited to,

visual, tactile, and auditory skills.

(m) Utilize and integrate appropriate technologies to access the general education

curriculum content.

(n) Teach students to use a variety of adaptive, augmentative, and assistive technologies

to facilitate their own learning in the content areas.

(o) Promote students’ development and concepts of social and independent living skills.

(p) Knowledge of the role and function of a certified orientation and mobility specialist.

(q) Prepare students to respond to societal attitudes and actions with positive behavior

and self-determination leading to self-advocacy.

(r) Collaborate with parents and service providers in educational, public, and private

agencies to support students with visual impairments. Facilitate transitions across all

environments.

(s) 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 (r) of this subrule for students

with a visual impairment.

MARSE R 340.1799c Teachers of students who are deaf or hard of hearing;

special requirements.

Rule 99c.

(1) The teacher education program for teachers of students who are deaf or hard of

hearing must include a minimum of 30 semester or equivalent hours. The teacher

education program for teachers of students who are deaf or hard of hearing must

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meet the council on education of the deaf standards or must, 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.

(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.

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 who are deaf or hard of hearing.

(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 who is deaf or hard of hearing.

(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 documenting and assessing progress.

(j) Knowledge of the psychological and sociological impact of severe/profound

hearing loss, including information about the community/culture of adult persons

who are deaf or hard of hearing.

(k) Ability to identify and use local, state, and national resources in support of

students who are deaf or hard of hearing, 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 who are deaf or hard of hearing.

(m) Ability to assess communication, academic, and social/emotional development of

students who are deaf or hard of hearing.

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(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 who are deaf or hard of hearing.

(3) Before assignment to directed student teaching, each student teacher shall spend a

minimum of 60 clock hours in programs with students who are deaf or hard of

hearing utilizing various communication modes, both manual and oral.

(4) The council on 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 Council on

Education of the Deaf, Gallaudet University, 800 Florida Avenue, N.E., Washington,

D.C. 20002-3695, and also from the Michigan Department of Education, Office of

Special Education, 608 W. Allegan St., P.O. Box 30008, Lansing, MI, 48909, at no cost

for reproduction.

MARSE 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.

MARSE R 340.1799f “School social worker” defined.

Rule 99f.

“School social worker” means a school social worker who is approved by the

department.

MARSE 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

133

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.

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Part 6: Financing

MARSE Rules 340.1801 – 340.1812

Note: There are no IDEA Federal Regulations to supplement Part 6 of the MARSE

MARSE 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.

MARSE 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.

(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 department and other provisions of law.

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MARSE 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.

MARSE 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.

MARSE 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 department and as prescribed

in 1979 PA 94, MCL 388.1601 et seq. and known as the state school aid act of 1979.

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MARSE 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.

MARSE R 340.1811 Distribution of intermediate millage to intermediate school

district, its constituent local school districts, and public school academies.

Rule 111.

(1) Only those programs and related services provided under a department-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 sections 1723 and 1724 of 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.

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MARSE 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.

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Part 7: Development and Submission of Intermediate School Districts’

Plans and Monitoring

MARSE Rules 340.1831 – 340.1839

MARSE 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, 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.

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Related IDEA Federal Regulation

§ 300.200 Condition of assistance.

An LEA is eligible for assistance under Part B of the Act for a fiscal year if the agency

submits a plan that provides assurances to the SEA that the LEA meets each of the 140

conditions in §§ 300.201 through 300.213.

MARSE 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.

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.

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(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.

Related IDEA Federal Regulations

No related IDEA regulations.

141

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

No related IDEA regulations.

142

MARSE R 340.1836 Objections to plan; procedures.

Rule 136.

(1) Any constituent local school district, a public school academy, or the parent advisory

committee may file objections in whole or in part with the intermediate school

district to an approved intermediate school district plan or a plan modification that

the intermediate school district has submitted to the superintendent of public

instruction for approval. Within 7 calendar days, the board of education of the

intermediate school district shall send a copy of objections to the plan to the

department and to all constituent local school districts, public school academies, and

the parent advisory committee by certified mail, return receipt requested.

Objections must specify the challenged portions of the intermediate school district

plan, contain a specific statement of the reasons for objection, and propose

alternative provisions.

(2) The department shall refer objections to the Michigan office of administrative

hearings and rules, which shall assign an administrative law judge who shall

promptly give reasonable notice of a hearing. The hearing must begin not later than

30 calendar days after the department receives the objections. The administrative

law judge shall conduct the hearing according to procedures established by the

department. After the appointment of the administrative law judge, the objecting

party may withdraw the objections if the intermediate school district agrees.

(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 objections before the hearing.

(4) Within 30 calendar days after the closing of the hearing, the administrative law judge

shall submit to the department findings of fact and conclusions of law and shall

recommend to the superintendent of public instruction whether the superintendent

of public instruction should approve the intermediate school district plan or

modification to the plan as submitted, approve the intermediate school district plan

or modification to the plan with other modifications deemed appropriate by the

administrative law judge, or grant the objections as submitted. The department shall

immediately mail the findings and recommendations 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 shall provide

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copies of the exceptions to all other parties. After review of the intermediate school

district plan; the objections; the findings of fact, the conclusions of law, and the

recommendations of the administrative law judge; and any exceptions, the

superintendent of public instruction shall issue a final decision not more than 30

calendar days from the date the exceptions were due.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

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.

Related IDEA Federal Regulations

No related IDEA regulations.

144

MARSE 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.

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.

(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.

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(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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE R 340.1839 Monitoring and program evaluation.

Rule 139.

(1) The department shall establish 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.

Related IDEA Federal Regulations

No related IDEA regulations.

146

Part 8: State Complaints

MARSE Rules 340.1851 – 340.1855

MARSE R 340.1851 Filing a state complaint.

Rule 151.

(1) A state complaint filed with the office of special education of the department must

meet the requirements of 34 CFR 300.153 (2019).

(2) An individual shall file a state complaint with the office of special education of the

department within 1 year of the date of the alleged violation.

(3) The complainant shall deliver the state complaint to the office of special education

of the department and the public agency by mail, by personal delivery, or by

electronic submission.

(4) Any person acting on behalf of a complainant shall provide evidence of that

authority to the office of special education of the department.

Related IDEA Federal Regulations

§ 300.151 Adoption of State complaint procedures.

(a) General. Each SEA must adopt written procedures for—

(1) Resolving any complaint, including a complaint filed by an organization or

individual from another State, that meets the requirements of § 300.153 by—

(i) Providing for the filing of a complaint with the SEA; and

(ii) At the SEA’s discretion, providing for the filing of a complaint with a public

agency and the right to have the SEA review the public agency’s decision on

the complaint; and

(2) Widely disseminating to parents and other interested individuals, including

parent training and information centers, protection and advocacy agencies,

independent living centers, and other appropriate entities, the State procedures

under §§ 300.151 through 300.153.

(b) Remedies for denial of appropriate services. In resolving a complaint in which the

SEA has found a failure to provide appropriate services, an SEA, pursuant to its

general supervisory authority under Part B of the Act, must address—

147

(1) The failure to provide appropriate services, including corrective action

appropriate to address the needs of the child (such as compensatory services or

monetary reimbursement); and

(2) Appropriate future provision of services for all children with disabilities.

§ 300.153 Filing a complaint.

(a) An organization or individual may file a signed written complaint under the

procedures described in §§ 300.151 through 300.152.

(b) The complaint must include—

(1) A statement that a public agency has violated a requirement of Part B of the Act

or of this part;

(2) The facts on which the statement is based;

(3) The signature and contact information for the complainant; and

(4) If alleging violations with respect to a specific child—

(i) The name and address of the residence of the child;

(ii) The name of the school the child is attending;

(iii) In the case of a homeless child or youth (within the meaning of section 725(2)

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)),

available contact information for the child, and the name of the school the

child is attending;

(iv) A description of the nature of the problem of the child, including facts relating

to the problem; and

(v) A proposed resolution of the problem to the extent known and available to

the party at the time the complaint is filed.

the date that the complaint is received in accordance with § 300.151.

(d) The party filing the complaint must forward a copy of the complaint to the LEA or

public agency serving the child at the same time the party files the complaint with

the SEA.

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MARSE 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.

(a) 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

(b) attempted. The right to file a state complaint is retained if the informal attempts

to resolve the concern in a timely manner are unsuccessful.

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.

(d) Information regarding mediation.

Related IDEA Federal Regulations

§ 300.152 Minimum State complaint procedures.

(a) Time limit; minimum procedures. Each SEA must include in its complaint procedures

a time limit of 60 days after a complaint is filed under § 300.153 to—

(1) Carry out an independent on-site investigation, if the SEA determines that an

investigation is necessary;

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(2) Give the complainant the opportunity to submit additional information, either

orally or in writing, about the allegations in the complaint;

(3) Provide the public agency with the opportunity to respond to the complaint,

including, at a minimum—

(i) At the discretion of the public agency, a proposal to resolve the complaint;

and

(ii) An opportunity for a parent who has filed a complaint and the public agency

to voluntarily engage in mediation consistent with § 300.506;

(4) Review all relevant information and make an independent determination as to

whether the public agency is violating a requirement of Part B of the Act or of this

part; and

(5) Issue a written decision to the complainant that addresses each allegation in the

complaint and contains—

(i) Findings of fact and conclusions; and

(ii) The reasons for the SEA’s final decision.

(b) Time extension; final decision; implementation. The SEA’s procedures described in

paragraph (a) of this section also must—

(1) Permit an extension of the time limit under paragraph (a) of this section only if—

(i) Exceptional circumstances exist with respect to a particular complaint; or

(ii) The parent (or individual or organization, if mediation or other alternative

means of dispute resolution is available to the individual or organization

under State procedures) and the public agency involved agree to extend the

time to engage in mediation pursuant to paragraph (a)(3)(ii) of this section, or

to engage in other alternative means of dispute resolution, if available in the

State; and

(2) Include procedures for effective implementation of the SEA’s final decision, if

needed, including—

(i) Technical assistance activities;

(ii) Negotiations; and

(iii) Corrective actions to achieve compliance.

300.530 through 300.532.

(1) If a written complaint is received that is also the subject of a due process hearing

under § 300.507 or §§ 300.530 through 300.532, or contains multiple issues of

which one or more are part of that hearing, the State must set aside any part of

the complaint that is being addressed in the due process hearing until the

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conclusion of the hearing. However, any issue in the complaint that is not a part

of the due process action must be resolved using the time limit and procedures

described in paragraphs (a) and (b) of this section.

(2) If an issue raised in a complaint filed under this section has previously been

decided in a due process hearing involving the same parties—

(i) The due process hearing decision is binding on that issue; and

(ii) The SEA must inform the complainant to that effect.

(3) A complaint alleging a public agency’s failure to implement a due process hearing

decision must be resolved by the SEA.

§ 300.504 Procedural safeguards notice.

(a) General. A copy of the procedural safeguards available to the parents of a child with

a disability must be given to the parents only one time a school year, except that a

copy also must be given to the parents—

(1) Upon initial referral or parent request for evaluation;

(2) Upon receipt of the first State complaint under §§ 300.151 through 300.153 and

upon receipt of the first due process complaint under § 300.507 in a school year;

(3) In accordance with the discipline procedures in § 300.530(h); and

(4) Upon request by a parent.

(b) Internet Web site. A public agency may place a current copy of the procedural

safeguards notice on its Internet Web site if a Web site exists.

the procedural safeguards available under § 300.148, §§ 300.151 through 300.153, §

300.300, §§ 300.502 through 300.503, §§ 300.505 through 300.518, §§ 300.530

through 300.536 and §§ 300.610 through 300.625 relating to—

(1) Independent educational evaluations;

(2) Prior written notice;

(3) Parental consent;

(4) Access to education records;

(5) Opportunity to present and resolve complaints through the due process

complaint and State complaint procedures, including—

(i) The time period in which to file a complaint;

(ii) The opportunity for the agency to resolve the complaint; and

(iii) The difference between the due process complaint and the State complaint

procedures, including the jurisdiction of each procedure, what issues may be

raised, filing and decisional timelines, and relevant procedures;

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(6) The availability of mediation;

(7) The child’s placement during the pendency of any due process complaint;

(8) Procedures for students who are subject to placement in an interim alternative

educational setting;

(9) Requirements for unilateral placement by parents of children in private schools

at public expense;

(10) Hearings on due process complaints, including requirements for disclosure of

evaluation results and recommendations;

(11) State-level appeals (if applicable in the State);

(12) Civil actions, including the time period in which to file those actions; and

(13) Attorneys’ fees.

(d) Notice in understandable language. The notice required under paragraph (a) of this

section must meet the requirements of § 300.503(c).

MARSE 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.

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(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.

Related IDEA Federal Regulations

No related IDEA regulations.

MARSE 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.

Related IDEA Federal Regulations

§ 300.149 SEA responsibility for general supervision.

(a) The SEA is responsible for ensuring—

(1) That the requirements of this part are carried out; and

(2) That each educational program for children with disabilities administered within

the State, including each program administered by any other State or local

agency (but not including elementary schools and secondary schools for Indian

children operated or funded by the Secretary of the Interior)—

(i) Is under the general supervision of the persons responsible for educational

programs for children with disabilities in the SEA; and

(ii) Meets the educational standards of the SEA (including the requirements of

this part).

(3) In carrying out this part with respect to homeless children, the requirements of

subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11431 et seq.) are met.

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(b) The State must have in effect policies and procedures to ensure that it complies with

the monitoring and enforcement requirements in §§ 300.600 through 300.602 and

§§ 300.606 through 300.608.

agencies for providing or paying some or all of the costs of FAPE to children with

disabilities in the State.

(d) Notwithstanding paragraph (a) of this section, the Governor (or another individual

pursuant to State law) may assign to any public agency in the State the responsibility

of ensuring that the requirements of Part B of the Act are met with respect to

students with disabilities who are convicted as adults under State law and

incarcerated in adult prisons.

MARSE 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.

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.

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(g) Seek enforcement of the corrective action in a court of appropriate jurisdiction.

Related IDEA Federal Regulations

§ 300.149 SEA responsibility for general supervision.

(a) The SEA is responsible for ensuring—

(1) That the requirements of this part are carried out; and

(2) That each educational program for children with disabilities administered within

the State, including each program administered by any other State or local

agency (but not including elementary schools and secondary schools for Indian

children operated or funded by the Secretary of the Interior)—

(i) Is under the general supervision of the persons responsible for educational

programs for children with disabilities in the SEA; and

(ii) Meets the educational standards of the SEA (including the requirements of

this part).

(3) In carrying out this part with respect to homeless children, the requirements of

subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11431 et seq.) are met.

(b) The State must have in effect policies and procedures to ensure that it complies with

the monitoring and enforcement requirements in §§ 300.600 through 300.602 and

§§ 300.606 through 300.608.

agencies for providing or paying some or all of the costs of FAPE to children with

disabilities in the State.

(d) Notwithstanding paragraph (a) of this section, the Governor (or another individual

pursuant to State law) may assign to any public agency in the State the responsibility

of ensuring that the requirements of Part B of the Act are met with respect to

students with disabilities who are convicted as adults under State law and

incarcerated in adult prisons.

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Part 9: Records and Confidentiality

MARSE Rule 340.1861

Note: There are no IDEA Federal Regulations to supplement Part 9 of the MARSE

MARSE 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.

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Part 10: Birth to Three MARSE

Rule 340.1862

MARSE R 340.1862 Individualized family service plan; time lines; eligibility.

Rule 162.

(1) Eligibility for Michigan special education services for all children with a disability

birth to age 3 shall be determined by and documented in an individualized family

service plan.

(2) Evaluations conducted to determine eligibility for Michigan special education

services shall meet the requirements of 34 CFR part 303 and R 340.1705 to R

340.1717.

(3) Determination of eligibility for Michigan special education services, for a child birth

to 3 with a disability shall follow all time lines and requirements pursuant to 34 CFR

part 303.

(4) Special education services for children birth to 3 with disabilities shall be all of the

following:

(a) Determined by the child’s individual needs and specified in an individualized

family service plan.

(b) Provided by an approved or endorsed early childhood special education teacher

or approved related services staff.

receipt of signed parental consent to provide services.

(d) Provided in an appropriate early childhood setting, school setting, community

setting, or family setting.

(e) Have a parent participation and education component.

(5) Approved related services staff shall work under the educational direction of an

approved or endorsed early childhood special education teacher.

Related IDEA Federal Regulations

§ 300.24 Individualized family service plan.

Individualized family service plan or IFSP has the meaning given the term in section 636

of the Act.

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§ 300.25 Infant or toddler with a disability.

Infant or toddler with a disability—

(a) Means an individual under three years of age who needs early intervention services

because the individual—

(1) Is experiencing developmental delays, as measured by appropriate diagnostic

instruments and procedures in one or more of the areas of cognitive

development, physical development, communication development, social or

emotional development, and adaptive development; or

(2) Has a diagnosed physical or mental condition that has a high probability of

resulting in developmental delay; and

(b) May also include, at a State’s discretion—

(1) At-risk infants and toddlers; and

(2) Children with disabilities who are eligible for services under section 619 and who

previously received services under Part C of the Act until such children enter, or

are eligible under State law to enter, kindergarten or elementary school, as

appropriate, provided that any programs under Part C of the Act serving such

children shall include—

(i) An educational component that promotes school readiness and incorporates

pre-literacy, language, and numeracy skills; and

(ii) A written notification to parents of their rights and responsibilities in

determining whether their child will continue to receive services under Part C

of the Act or participate in preschool programs under section 619.

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Discipline

Note: There are no Michigan Administrative Rules for Special Education specific to

discipline. When making discipline decisions, districts need to review the requirements

in the Revised School Code. The reference to the Revised School Code is found below

the federal regulations.

Related IDEA Federal Regulations

§ 300.530 Authority of school personnel.

(a) Case-by-case determination. School personnel may consider any unique

circumstances on a case-by-case basis when determining whether a change in

placement, consistent with the other requirements of this section, is appropriate for

a child with a disability who violates a code of student conduct.

(b) General.

(1) School personnel under this section may remove a child with a disability who

violates a code of student conduct from his or her current placement to an

appropriate interim alternative educational setting, another setting, or

suspension, for not more than 10 consecutive school days (to the extent those

alternatives are applied to children without disabilities), and for additional

removals of not more than 10 consecutive school days in that same school year

for separate incidents of misconduct (as long as those removals do not constitute

a change of placement under § 300.536).

(2) After a child with a disability has been removed from his or her current

placement for 10 school days in the same school year, during any subsequent

days of removal the public agency must provide services to the extent required

under paragraph (d) of this section.

consecutive school days, if the behavior that gave rise to the violation of the school

code is determined not to be a manifestation of the child’s disability pursuant to

paragraph (e) of this section, school personnel may apply the relevant disciplinary

procedures to children with disabilities in the same manner and for the same

duration as the procedures would be applied to children without disabilities, except

as provided in paragraph (d) of this section.

(d) Services.

(1) A child with a disability who is removed from the child’s current placement

pursuant to paragraphs (c), or (g) of this section must—

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(i) Continue to receive educational services, as provided in § 300.101(a), so as to

enable the child to continue to participate in the general education

curriculum, although in another setting, and to progress toward meeting the

goals set out in the child’s IEP; and

(ii) Receive, as appropriate, a functional behavioral assessment, and behavioral

intervention services and modifications, that are designed to address the

behavior violation so that it does not recur.

(2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section

may be provided in an interim alternative educational setting.

(3) A public agency is only required to provide services during periods of removal to

a child with a disability who has been removed from his or her current placement

for 10 school days or less in that school year, if it provides services to a child

without disabilities who is similarly removed.

(4) After a child with a disability has been removed from his or her current

placement for 10 school days in the same school year, if the current removal is

for not more than 10 consecutive school days and is not a change of placement

under § 300.536, school personnel, in consultation with at least one of the child’s

teachers, determine the extent to which services are needed, as provided in §

300.101(a), so as to enable the child to continue to participate in the general

education curriculum, although in another setting, and to progress toward

meeting the goals set out in the child’s IEP.

(5) If the removal is a change of placement under § 300.536, the child’s IEP Team

determines appropriate services under paragraph (d)(1) of this section.

(e) Manifestation determination.

(1) Within 10 school days of any decision to change the placement of a child with a

disability because of a violation of a code of student conduct, the LEA, the parent,

and relevant members of the child’s IEP Team (as determined by the parent and

the LEA) must review all relevant information in the student’s file, including the

child’s IEP, any teacher observations, and any relevant information provided by

the parents to determine—

(i) If the conduct in question was caused by, or had a direct and substantial

relationship to, the child’s disability; or

(ii) If the conduct in question was the direct result of the LEA’s failure to

implement the IEP.

(2) The conduct must be determined to be a manifestation of the child’s disability if

the LEA, the parent, and relevant members of the child’s IEP Team determine

that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.

160

(3) If the LEA, the parent, and relevant members of the child’s IEP Team determine

the condition described in paragraph (e)(1)(ii) of this section was met, the LEA

must take immediate steps to remedy those deficiencies.

(f) Determination that behavior was a manifestation. If the LEA, the parent, and

relevant members of the IEP Team make the determination that the conduct was a

manifestation of the child’s disability, the IEP Team must—

(1) Either—

(i) Conduct a functional behavioral assessment, unless the LEA had conducted a

functional behavioral assessment before the behavior that resulted in the

change of placement occurred, and implement a behavioral intervention plan

for the child; or

(ii) If a behavioral intervention plan already has been developed, review the

behavioral intervention plan, and modify it, as necessary, to address the

behavior; and

(2) Except as provided in paragraph (g) of this section, return the child to the

placement from which the child was removed, unless the parent and the LEA

agree to a change of placement as part of the modification of the behavioral

intervention plan.

(g) Special circumstances. School personnel may remove a student to an interim

alternative educational setting for not more than 45 school days without regard to

whether the behavior is determined to be a manifestation of the child’s disability, if

the child—

(1) Carries a weapon to or possesses a weapon at school, on school premises, or to

or at a school function under the jurisdiction of an SEA or an LEA;

(2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a

controlled substance, while at school, on school premises, or at a school function

under the jurisdiction of an SEA or an LEA; or

(3) Has inflicted serious bodily injury upon another person while at school, on school

premises, or at a school function under the jurisdiction of an SEA or an LEA.

(h) Notification. On the date on which the decision is made to make a removal that

constitutes a change of placement of a child with a disability because of a violation

of a code of student conduct, the LEA must notify the parents of that decision, and

provide the parents the procedural safeguards notice described in § 300.504.

(i) Definitions. For purposes of this section, the following definitions apply:

(1) Controlled substance means a drug or other substance identified under schedules

I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C.

812(c)).

161

(2) Illegal drug means a controlled substance; but does not include a controlled

substance that is legally possessed or used under the supervision of a licensed

health-care professional or that is legally possessed or used under any other

authority under that Act or under any other provision of Federal law.

(3) Serious bodily injury has the meaning given the term ‘‘serious bodily injury’’

under paragraph (3) of subsection (h) of section 1365 of title 18, United States

Code.

(4) Weapon has the meaning given the term ‘‘dangerous weapon’’ under paragraph

(2) of the first subsection (g) of section 930 of title 18, United States Code.

THE REVISED SCHOOL CODE (EXCERPT)

Act 451 of 1976

380.1310d Suspension or expulsion of pupil; factors; exercise of discretion; rebuttable

presumption; section inapplicable for possession of firearm in weapon free school zone;

consideration of factors mandatory; definitions.

Sec. 1310d.

(1) Before suspending or expelling a pupil under section 1310, 1311(1), 1311(2), or

1311a, the board of a school district or intermediate school district or board of

directors of a public school academy, or a superintendent, school principal, or other

designee under section 1311(1), shall consider each of the following factors:

(a) The pupil’s age.

(b) The pupil’s disciplinary history.

(d) The seriousness of the violation or behavior committed by the pupil.

(e) Whether the violation or behavior committed by the pupil threatened the safety

of any pupil or staff member.

(f) Whether restorative practices will be used to address the violation or behavior

committed by the pupil.

(g) Whether a lesser intervention would properly address the violation or behavior

committed by the pupil.

(2) Except as provided in subsection (3), this section applies to give the board of a school

district or intermediate school district or board of directors of a public school

academy, or its designee, discretion over whether or not to suspend or expel a pupil

under section 1310, 1311(1), 1311(2), or 1311a. In exercising this discretion with

162

regard to a suspension of more than 10 days or an expulsion, there is a rebuttable

presumption that a suspension or expulsion is not justified unless the board or board

of directors, or its designee, can demonstrate that it considered each of the factors

listed under subsection (1). For a suspension of 10 or fewer days, there is no

rebuttable presumption, but the board or board of directors, or its designee, shall

consider each of the factors listed under subsection (1).

(3) This section does not apply to a pupil being expelled under section 1311(2) for

possessing a firearm in a weapon free school zone.

(4) Except as provided in subsection (3), consideration of the factors listed in subsection

(1) is mandatory before suspending or expelling a student under section 1310,

1311(1), 1311(2), or 1311a. The method used for consideration of the factors is at

the sole discretion of the board of a school district or intermediate school district or

board of directors of a public school academy, or its designee.

(5) As used in this section:

(a) “Expel” means to exclude a pupil from school for disciplinary reasons for a period

of 60 or more school days.

(b) “Firearm” means that term as defined in section 1311.

period of fewer than 60 school days.

(d) “Weapon free school zone” means that term as defined in section 1311.

History: Add. 2016, Act 360, Eff. Aug. 1, 2017

Popular Name: Act 451

§ 300.531 Determination of setting.

The child’s IEP Team determines the interim alternative educational setting for services

under § 300.530(c), (d)(5), and (g).

§ 300.532 Appeal.

(a) General. The parent of a child with a disability who disagrees with any decision

regarding placement under §§ 300.530 and 300.531, or the manifestation

determination under § 300.530(e), or an LEA that believes that maintaining the

current placement of the child is substantially likely to result in injury to the child or

others, may appeal the decision by requesting a hearing. The hearing is requested by

filing a complaint pursuant to §§ 300.507 and 300.508(a) and (b).

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(b) Authority of hearing officer.

(1) A hearing officer under § 300.511 hears, and makes a determination regarding an

appeal under paragraph (a) of this section.

(2) In making the determination under paragraph (b)(1) of this section, the hearing

officer may—

(i) Return the child with a disability to the placement from which the child was

removed if the hearing officer determines that the removal was a violation of

§ 300.530 or that the child’s behavior was a manifestation of the child’s

disability; or

(ii) Order a change of placement of the child with a disability to an appropriate

interim alternative educational setting for not more than 45 school days if the

hearing officer determines that maintaining the current placement of the

child is substantially likely to result in injury to the child or to others.

(3) The procedures under paragraphs (a) and (b)(1) and (2) of this section may be

repeated, if the LEA believes that returning the child to the original placement is

substantially likely to result in injury to the child or to others.

(1) Whenever a hearing is requested under paragraph (a) of this section, the parents

or the LEA involved in the dispute must have an opportunity for an impartial due

process hearing consistent with the requirements of §§ 300.507 and 300.508(a)

through (c) and §§ 300.510 through 300.514, except as provided in paragraph

(c)(2) through (4) of this section.

(2) The SEA or LEA is responsible for arranging the expedited due process hearing,

which must occur within 20 school days of the date the complaint requesting the

hearing is filed. The hearing officer must make a determination within 10 school

days after the hearing.

(3) Unless the parents and LEA agree in writing to waive the resolution meeting

described in paragraph (c)(3)(i) of this section, or agree to use the mediation

process described in § 300.506—

(i) A resolution meeting must occur within seven days of receiving notice of the

due process complaint; and

(ii) The due process hearing may proceed unless the matter has been resolved to

the satisfaction of both parties within 15 days of the receipt of the due

process complaint.

(4) A State may establish different State-imposed procedural rules for expedited due

process hearings conducted under this section than it has established for other

due process hearings, but, except for the timelines as modified in paragraph

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(c)(3) of this section, the State must ensure that the requirements in §§ 300.510

through 300.514 are met.

(5) The decisions on expedited due process hearings are appealable consistent with

§ 300.514.

§ 300.533 Placement during appeals.

When an appeal under § 300.532 has been made by either the parent or the LEA, the

child must remain in the interim alternative educational setting pending the decision of

the hearing officer or until the expiration of the time period specified in § 300.530(c) or

(g), whichever occurs first, unless the parent and the SEA or LEA agree otherwise.

§ 300.534 Protections for children not determined eligible for special education

and related services.

(a) General. A child who has not been determined to be eligible for special education

and related services under this part and who has engaged in behavior that violated a

code of student conduct, may assert any of the protections provided for in this part

if the public agency had knowledge (as determined in accordance with paragraph (b)

of this section) that the child was a child with a disability before the behavior that

precipitated the disciplinary action occurred.

(b) Basis of knowledge. A public agency must be deemed to have knowledge that a child

is a child with a disability if before the behavior that precipitated the disciplinary

action occurred—

(1) The parent of the child expressed concern in writing to supervisory or

administrative personnel of the appropriate educational agency, or a teacher of

the child, that the child is in need of special education and related services;

(2) The parent of the child requested an evaluation of the child pursuant to §§

300.300 through 300.311; or

(3) The teacher of the child, or other personnel of the LEA, expressed specific

concerns about a pattern of behavior demonstrated by the child directly to the

director of special education of the agency or to other supervisory personnel of

the agency.

paragraph (b) of this section if—

(1) The parent of the child—

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(i) Has not allowed an evaluation of the child pursuant to §§ 300.300 through

300.311; or

(ii) Has refused services under this part; or

(2) The child has been evaluated in accordance with §§ 300.300 through 300.311 and

determined to not be a child with a disability under this part.

(d) Conditions that apply if no basis of knowledge.

(1) If a public agency does not have knowledge that a child is a child with a disability

(in accordance with paragraphs (b) and (c) of this section) prior to taking

disciplinary measures against the child, the child may be subjected to the

disciplinary measures applied to children without disabilities who engage in

comparable behaviors consistent with paragraph (d)(2) of this section.

(2)

(i) If a request is made for an evaluation of a child during the time period in

which the child is subjected to disciplinary measures under § 300.530, the

evaluation must be conducted in an expedited manner.

(ii) Until the evaluation is completed, the child remains in the educational

placement determined by school authorities, which can include suspension or

expulsion without educational services.

(iii) If the child is determined to be a child with a disability, taking into

consideration information from the evaluation conducted by the agency and

information provided by the parents, the agency must provide special

education and related services in accordance with this part, including the

requirements of §§ 300.530 through 300.536 and section 612(a)(1)(A) of the

Act.

§ 300.535 Referral to and action by law enforcement and judicial authorities.

(a) Rule of construction. Nothing in this part prohibits an agency from reporting a crime

committed by a child with a disability to appropriate authorities or prevents State

law enforcement and judicial authorities from exercising their responsibilities with

regard to the application of Federal and State law to crimes committed by a child

with a disability.

(b) Transmittal of records.

(1) An agency reporting a crime committed by a child with a disability must ensure

that copies of the special education and disciplinary records of the child are

transmitted for consideration by the appropriate authorities to whom the agency

reports the crime.

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(2) An agency reporting a crime under this section may transmit copies of the child’s

special education and disciplinary records only to the extent that the

transmission is permitted by the Family Educational Rights and Privacy Act.

§ 300.536 Change of placement because of disciplinary removals.

(a) For purposes of removals of a child with a disability from the child’s current

educational placement under §§ 300.530 through 300.535, a change of placement

occurs if—

(1) The removal is for more than 10 consecutive school days; or

(2) The child has been subjected to a series of removals that constitute a pattern—

(i) Because the series of removals total more than 10 school days in a school

year;

(ii) Because the child’s behavior is substantially similar to the child’s behavior in

previous incidents that resulted in the series of removals; and

(iii) Because of such additional factors as the length of each removal, the total

amount of time the child has been removed, and the proximity of the

removals to one another.

(b)

(1) The public agency determines on a case-by-case basis whether a pattern of

removals constitutes a change of placement.

(2) This determination is subject to review through due process and judicial

proceedings.

§ 300.537 State enforcement mechanisms.

Notwithstanding §§ 300.506(b)(7) and 300.510(d)(2), which provide for judicial

enforcement of a written agreement reached as a result of mediation or a resolution

meeting, there is nothing in this part that would prevent the SEA from using other

mechanisms to seek enforcement of that agreement, provided that use of those

mechanisms is not mandatory and does not delay or deny a party the right to seek

enforcement of the written agreement in a State court of competent jurisdiction or in a

district court of the United States.

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Appendix A: United States Code and Implementing Regulations

Individuals with Disabilities Education Act (IDEA)

Regulations Implementing the IDEA



Part B (Assistance to States for the Education of Children with Disabilities―begins

on page 7 of the document)



Part C (Early Intervention Program for Infants and Toddlers with

Disabilities―begins on page 165 of the document)

Family Educational Rights and Privacy Act (FERPA)

Regulations Implementing the FERPA (begins on page 318 of the document)

Elementary and Secondary Education Act (ESEA)

Title 18―Crimes and Criminal Procedure



Definition of Dangerous Weapon [page 235; § 930(g)(2)]



Definition of Serious Bodily Injury [page 327; § 1365(h)(3)]

The Rehabilitation Act of 1973

Americans With Disabilities Act

Regulations Implementing the ADA

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Appendix B: Michigan Administrative Code and Administrative Rules

Michigan Public Acts

The Revised School Code: Act 451 of 1976

The State School Aid Act of 1979: Act 94 of 1979

Deaf Persons’ Interpreters Act: Act 204 of 1982

Administrative Rules Related to Education



School District Pupil Accounting for Distribution of State Aid



Transportation of Nonpublic School Children



Auxiliary Services for Nonpublic School Children



Financial Accounting System for Public Schools



School Social Worker



Certification of School Nurses



School Administrator Certification Code



School Psychologist Certificate Code



State Aid for Transportation of School Children



Teacher Certification Code



Certification and Licensure of School Counselors

169

Licensing and Regulatory Affairs

Michigan Administrative Hearing System



Due Process Procedures for Special Education Hearings

Bureau of Health Professionals



Board of Occupational Therapists—General Rules



Board of Physical Therapy—General Rules



Board of Psychology—General Rules



Board of Social Work—General Rules



Board of Speech-Language Pathology―General Rules

Michigan Rehabilitation Services



Vocational Rehabilitation