RFR-Page 3
R 340.1708
The May 22, 2017 memorandum of the USDOE/OSERS described in #7, above, advised that,
although the IDEA allows states to establish eligibility standards for special education and related
services and although the IDEA does not require states to use the IDEA’s precise definitions of
disability terms, states shall not establish standards that are narrower than those set forth in IDEA
definitions.
Under 34 CFR 300.8(c)(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. As described in the May 22, 2017 memorandum, the term
includes any impairment in vision, regardless of severity, that, even with correction, adversely
affects a child’s educational performance (e.g., the child’s ability to read and write).
The MDE has determined that R 340.1708 sets forth a definition of visual impairment that is more
restrictive than the definition set forth in 34 CFR 300.8(c)(13).
R 340.1721e
Under 34 CFR 300.321(e), when the resident district is invited to the IEP team meeting of a
student placed outside of the resident district, the parent of the student and the school district can
agree, in writing, that the resident district is not required to attend the IEP team meeting in cases
where placement in the resident district might not be a consideration. Under 34 CFR 300.321(e),
a member of the IEP team 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. The excusal of an IEP team member was addressed
by the USDOE/OSERS in the Federal Register as follows:
“Under section 614(d)(1)(C) of the [IDEA], a State must allow a parent and an LEA to agree to
excuse a member of the IEP Team. Section 300.321(e) reflects this requirement and we do not
have the authority to make this optional for States. We also do not have the authority to allow a
State to restrict, or otherwise determine, when an IEP Team member can be excused from
attending a meeting, or to prohibit the excusal of an IEP Team member when the LEA and parent
agree to the excusal. Whether a State must have policies and procedures to excuse IEP Team
members from attending an IEP Team meeting will depend on whether such policies and
procedures are required by a State to implement this statutory requirement. However, every State
must allow a parent and an LEA to agree to excuse an IEP Team member from attending an IEP
Team meeting.” 71 Fed Reg 46673 (August 14, 2006)
The requirement that the resident district attend rather than simply be invited to an IEP team
meeting restricts the ability of the parent and the district to excuse the attendance of a member of
the IEP team.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter of the rules is not currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes, the rules are listed on the Department of Education's annual regulatory plan as rules to be
processed for the current year.
MCL 24.239