DEPARTMENT OF EDUCATION  
SUPERINTENDENT OF PUBLIC INSTRUCTION  
SCHOOL SOCIAL WORKER CERTIFICATION CODE  
(By the authority conferred on the superintendent of public instruction by sections  
1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703,  
and Executive Reorganization Order No. 1996-7, MCL 388.994)  
R 340.1001 Definitions.  
Rule 1. (1) As used in these rules:  
(a) “Accredited” means accredited by an accreditation agency recognized by the  
Council for Higher Education Accreditation or by the United States Department of  
Education.  
(b) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852,  
unless otherwise indicated.  
(c) “Approved school social worker preparation program” means a state-approved  
program in an institution that prepares school social workers, or their equivalent, in  
accordance with the state law of the program’s location.  
(d) “Department” means the department of education, unless otherwise indicated.  
(e) “Education-related professional learning” means an educational opportunity that  
improves a school social worker’s practice and capacity to perform the work within the  
profession of education that is 1 or more of the following:  
(i) Satisfactory college semester credit hours at an accredited college or university,  
with 1 semester credit hour being equivalent to 25 education-related professional learning  
hours.  
(ii) State continuing education clock hours.  
(iii) Michigan annual district provided professional development hours.  
(f) “Individualized education program” means a program described in R 340.1721e.  
(g) “Listed offense” means that term as defined in section 2 of the sex offenders  
registration act, 1994 PA 295, MCL 28.722.  
(h) “Michigan annual district provided professional development” means Michigan  
annual district provided professional development as required by sections 1526 and 1527  
of the act, MCL 380.1526 and 380.1527.  
(i) “Out-of-state” means of a political subdivision of the United States, other than  
this state, of a federally recognized Native American tribe, or of a foreign country or a  
political subdivision of a foreign country.  
(j) “School social worker credential” means 1 of the following issued under these  
rules:  
(i) Preliminary school social worker certificate.  
(ii) Professional school social worker certificate.  
(iii) School social worker permit.  
(k) “State board” means the Michigan state board of education.  
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(l) “State continuing education clock hours” means hours of professional  
development issued through a process established and approved by the superintendent of  
public instruction.  
(m) “Valid” means within the time period of the credential and not suspended,  
revoked, rescinded, or nullified.  
(2) A term defined in the act has the same meaning when used in these rules.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1002 Individuals required to hold school social worker credential.  
Rule 2. (1) An individual who provides social work services, either as an employee  
of a public school or on a contractual basis in a public school, to students with disabilities  
whose individualized education programs require social work services shall hold a valid  
school social worker credential issued under these rules.  
(2) Issuance of a school social worker credential under these rules constitutes  
approval for purposes of R 340.1799f.  
(3) Only an individual who holds a valid school social worker credential under these  
rules shall use the title of school social worker.  
(4) A public school may support a social worker position with funds under the  
Individuals with Disabilities Education Act, 20 USC 1400 to 1482, and state statutes  
governing funding for special education programs and services only if the position is held  
by an individual who holds a valid school social worker credential issued under these  
rules and only for the portion of time the individual provides social work services to 1 or  
more students with disabilities whose individualized education programs require social  
work services.  
(5) Except as provided in these rules regarding placement of individuals who  
provide social work services to students with disabilities whose individualized education  
programs require social work services, these rules do not prohibit a public school from  
employing, contracting with, or otherwise using the services of a licensed social worker  
who does not hold a valid school social worker credential issued under these rules.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1003 Preliminary school social worker certificate.  
Rule 3. (1) The superintendent of public instruction may issue a preliminary school  
social worker certificate to an applicant who pays the applicable evaluation fee and who  
meets all of the following requirements at the time of application:  
(a) Holds an earned master of social work degree, or its equivalent or higher, from  
an accredited college or university.  
(b) Completed an approved school social worker preparation program.  
(c) Completed a minimum of a 500-clock-hour supervised social work practice that  
reflects and supports state standards for the preparation and practice of school social  
workers.  
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(d) Holds a valid limited master’s social worker license (LLMSW) or valid master’s  
social worker license (LMSW) issued by the department of licensing and regulatory  
affairs.  
(2) The superintendent of public instruction may issue 1 renewal of a preliminary  
school social worker certificate to an applicant who pays the applicable evaluation fee if  
both of the following requirements are satisfied at the time of application:  
(a) The applicant holds a valid LLMSW or valid LMSW issued by the department  
of licensing and regulatory affairs.  
(b) During the validity of the initial preliminary school social worker certificate, an  
individual who held a valid professional school social worker certificate issued under  
these rules or a valid full approval under former R 340.1012 supervised the applicant  
while the applicant provided social work services to students with disabilities whose  
individualized education programs required those services.  
(3) The superintendent of public instruction shall issue no more than 1 renewal of a  
preliminary school social worker certificate.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1004 Professional school social worker certificate.  
Rule 4. (1) The superintendent of public instruction may issue a professional school  
social worker certificate to an applicant who pays the applicable evaluation fee and who  
meets all of the following requirements at the time of application:  
(a) Holds a valid LMSW issued by the department of licensing and regulatory  
affairs.  
(b) Completed an approved school social worker preparation program.  
(c) While holding a valid preliminary school social worker certificate issued under  
these rules or while working under a valid school social worker permit issued under R  
340.1009, and while under the supervision of an individual holding a valid professional  
school social worker certificate issued under these rules or a valid full approval under  
former R 340.1012, completed 1 full school year as a school social worker providing  
social work services to students with disabilities whose individualized education  
programs required those services.  
(2) The superintendent of public instruction may issue a renewal of a professional  
school social worker certificate to an applicant who pays the applicable evaluation fee if  
both of the following requirements are satisfied at the time of application:  
(a) The applicant holds a valid LMSW issued by the department of licensing and  
regulatory affairs.  
(b) Since the issuance of the most recent professional school social worker  
certificate or renewal, the applicant completed 75 education-related professional learning  
hours.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1005 Preliminary and professional school social worker certificate  
issuance and expiration.  
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Rule 5. (1) The validity of a preliminary school social worker certificate or  
professional school social worker certificate, or renewal, is determined by its issue date  
and expiration date as set forth in this rule and by action taken under R 340.1010 to R  
340.1016. An applicant for and the holder of a preliminary school social worker  
certificate or a professional school social worker certificate and the employer shall be  
familiar with the specific requirements and expiration date of the certificate.  
(2) A preliminary school social worker certificate or renewal issued under these  
rules expires 3 years after June 30 of the calendar year of issuance.  
(3) A professional school social worker certificate or renewal issued under these  
rules expires 5 years after June 30 of the calendar year of issuance.  
(4) The superintendent of public instruction shall not issue a preliminary school  
social worker certificate or a professional school social worker certificate, or renewal,  
until the department receives the evaluation fee required by section 1538 of the act, MCL  
380.1538.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1006 Members of the armed forces and uniformed services, veterans, and  
dependents.  
Rule 6. (1) As used in this rule:  
(a) “Armed forces” means the United States Army, Air Force, Navy, Marine Corps,  
Space Force, Coast Guard, or other military force designated by the United States  
Congress as a part of the Armed Forces of the United States, including the reserve  
components.  
(b) “Dependent” means a spouse, surviving spouse, child who is less than 26 years  
of age, or surviving child who is less than 26 years of age.  
(c) “Uniformed services” means the Commissioned Corps of the United States  
Public Health Service and the National Oceanic and Atmospheric Administration  
Commissioned Officer Corps.  
(d) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.  
(2) If 1 of the following individuals serves a period of active duty during the time  
period of a certificate issued under these rules, the individual may file a request with the  
department that the superintendent of public instruction determine that all or part of the  
period of active duty satisfies some or all of the requirements for renewal of the  
certificate:  
(a) A member of the armed forces or uniformed services.  
(b) A veteran.  
(3) The following individuals may apply to the department for refund of a fee paid  
pursuant to these rules under section 1538 of the act, MCL 380.1538:  
(a) A member of the armed forces or uniformed services.  
(b) A veteran.  
(c) A dependent of a member of the armed forces or of the uniformed services.  
(d) A dependent of a veteran.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
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R 340.1007 Out-of-state applicants.  
Rule 7. (1) The superintendent of public instruction may issue a school social  
worker certificate under subrule (2) or (3) of this rule to an applicant who completed an  
out-of-state approved school social worker preparation program upon verification of the  
applicant’s satisfaction of the requirements, or their equivalent, established for issuance  
of a school social worker certificate to an individual who completes an approved school  
social worker preparation program in this state.  
(2) The superintendent of public instruction may issue a preliminary school social  
worker certificate to an individual described in subrule (1) of this rule who pays the  
applicable evaluation fee and who satisfies the requirements of R 340.1003, or their  
equivalent, at the time of application.  
(3) The superintendent of public instruction may issue a professional school social  
worker certificate to an individual described in subrule (1) of this rule who pays the  
applicable evaluation fee if, at the time of application, 1 of the following is satisfied:  
(a) The individual satisfies the requirements of R 340.1004, or their equivalent.  
(b) All of the following:  
(i) The individual holds a valid LMSW issued by the department of licensing and  
regulatory affairs.  
(ii) The individual holds a valid out-of-state certificate that is equivalent to a  
professional school social worker certificate issued by the department.  
(iii) The individual completed 1 full school year as a social worker in a school  
setting providing social work services to students with disabilities whose individualized  
education programs required those services.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1008 Approval of school social worker preparation programs.  
Rule 8. (1) The state board shall approve standards for reviewing school social  
worker preparation programs.  
(2) The superintendent of public instruction shall approve school social worker  
preparation programs in accordance with the state board approved standards.  
(3) Continued approval by the superintendent of public instruction requires that the  
school social worker preparation provider be accredited or that a state review process  
recommend approval by the superintendent of public instruction.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1009 School social worker permit.  
Rule 9. (1) If a public school is unable to employ or contract with a certified school  
social worker, the public school may apply to the department for a school social worker  
permit under this rule.  
(2) On application and payment of the applicable evaluation fee, the superintendent  
of public instruction may issue a school social worker permit to a public school that  
verifies all of the following:  
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(a) At the time of application, the individual holds an earned master of social work  
degree or higher, or equivalent, from an accredited college or university.  
(b) At the time of application, the individual holds a valid LLMSW or valid LMSW  
issued by the department of licensing and regulatory affairs.  
(c) At the time of application, the individual was accepted for enrollment in an  
approved school social worker preparation program.  
(d) During the validity of the permit, while under the supervision of an individual  
holding a valid professional school social worker certificate issued under these rules or a  
valid full approval under former R 340.1012, the individual will provide social work  
services to students with disabilities whose individualized education programs require  
those services.  
(3) On application and payment of the applicable evaluation fee, the superintendent  
of public instruction may issue 1 renewal of a school social worker permit to a public  
school that verifies all of the following:  
(a) One of the following at the time of application:  
(i) The individual is enrolled in, and demonstrates progress toward completion of,  
an approved school social worker preparation program after issuance of the initial school  
social worker permit.  
(ii) The individual holds a valid or expired preliminary school social worker  
certificate issued under these rules.  
(b) At the time of application, the individual holds a valid LLMSW or valid LMSW  
issued by the department of licensing and regulatory affairs.  
(c) During the validity of the initial permit, while under the supervision of an  
individual holding a valid professional school social worker certificate issued under these  
rules or a valid full approval under former R 340.1012, the individual provided social  
work services to students with disabilities whose individualized education programs  
required those services.  
(d) During the validity of the renewal, while under the supervision of an individual  
holding a valid professional school social worker certificate issued under these rules or a  
valid full approval under former R 340.1012, the individual will provide social work  
services to students with disabilities whose individualized education programs require  
those services.  
(4) The superintendent of public instruction shall issue no more than 1 renewal of a  
school social worker permit under this rule.  
(5) A school social worker permit issued under this rule is valid from the issue date  
through August 31 immediately following the academic year listed on the permit.  
(6) Subject to subrule (8) of this rule, the superintendent of public instruction may  
revoke, refuse to grant, or refuse to renew a school social worker permit or renewal for  
any of the following reasons:  
(a) Fraud, material misrepresentation, or concealment or omission of fact in the  
application for or the use of the school social worker permit or renewal.  
(b) Conviction of the individual for whom a public school requests a school social  
worker permit or renewal, or who is working under a school social worker permit or  
renewal, of a crime described in section 1535a of the act, MCL 380.1535a.  
(c) Failure to meet the requirements for the school social worker permit or renewal.  
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(d) Action taken by an out-of-state certificating authority against an educator  
credential issued at any time to the individual by that authority.  
(7) The superintendent of public instruction may rescind a school social worker  
permit or renewal at the request of the employing or contracting public school.  
(8) The superintendent of public instruction shall revoke, refuse to grant, or refuse to  
renew a school social worker permit or renewal if the individual working under the  
permit or renewal, or if the individual for whom a public school requests the permit or  
renewal, was convicted of a listed offense.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1010 Suspension of, revocation of, imposition of conditions on, or denial  
of renewal of preliminary or professional school social worker certificate.  
Rule 10. The superintendent of public instruction may suspend, revoke, impose  
reasonable conditions on, or deny renewal of a preliminary school social worker  
certificate or professional school social worker certificate for either of the following  
reasons:  
(a) The holder of the preliminary school social worker certificate or professional  
school social worker certificate engaged in fraud, material misrepresentation, or  
concealment or omission of fact in the application for or the use of any credential issued  
by the superintendent of public instruction.  
(b) The holder of the preliminary school social worker certificate or professional  
school social worker certificate was convicted of a crime described in section 1539b of  
the act, MCL 380.1539b.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
R 340.1011 Notice of basis for action; notice of right to hearing; informal  
conference; referral for hearing.  
Rule 11. Subject to summary suspension under section 1539b(2) of the act, MCL  
380.1539b, all of the following apply to action taken under R 340.1010:  
(a) Not more than 7 calendar days after receiving notice that the criminal history of  
the holder of a preliminary school social worker certificate or professional school social  
worker certificate includes conviction of a crime described in section 1539b of the act,  
MCL 380.1539b, the department shall request from the court a certified copy of the  
judgment of conviction and sentence or other document regarding disposition of the case.  
(b) On receipt of notice of a basis for action under R 340.1010(a), or not later than  
10 business days after receiving documentation of a conviction under subdivision (a) of  
this rule, the department shall notify the holder of the preliminary school social worker  
certificate or professional school social worker certificate in writing of all of the  
following:  
(i) Because of the conviction or because of the identified reason under R  
340.1010(a), the superintendent of public instruction may suspend, revoke, impose  
conditions on, or deny renewal of the preliminary school social worker certificate or  
professional school social worker certificate.  
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(ii) The holder has the right to a hearing.  
(iii) If the holder does not request a hearing within 15 business days after receipt of  
notice of the right to a hearing, the superintendent of public instruction shall suspend or  
deny renewal of the preliminary school social worker certificate or professional school  
social worker certificate.  
(iv) If the holder requests a hearing within 15 business days after receipt of the  
notice, there must be an informal conference.  
(c) The notice under subdivision (b) of this rule must include a copy of applicable  
statutes and rules.  
(d) Not later than 15 business days after receipt of the notice under subdivision (b)  
of this rule, the holder of the preliminary school social worker certificate or professional  
school social worker certificate shall request a hearing. If the holder does not timely  
request a hearing, the superintendent of public instruction shall suspend or deny renewal  
of the preliminary school social worker certificate or professional school social worker  
certificate.  
(e) If the holder of the preliminary school social worker certificate or professional  
school social worker certificate timely requests a hearing under subdivision (d) of this  
rule, the department shall immediately notify the holder of the date and time of an  
informal conference. Unless otherwise agreed, the informal conference is a telephone  
conference with an authorized representative of the department.  
(f) After the informal conference and consideration of the documentation and other  
information presented, the department may recommend that the superintendent of public  
instruction take no action against or grant renewal of the preliminary school social  
worker certificate or professional school social worker certificate or that there be a  
settlement or conditional agreement. The superintendent of public instruction shall  
approve, modify, or deny the recommendation of the department.  
(g) If the superintendent of public instruction or designee decides to refer the case to  
the Michigan office of administrative hearings and rules for hearing following the  
informal conference, the department shall make the referral.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1012 Denial or rescission of preliminary or professional school social  
worker certificate.  
Rule 12. (1) The superintendent of public instruction may deny an individual’s  
application for a preliminary school social worker certificate or professional school social  
worker certificate for any of the following reasons:  
(a) The applicant engaged in fraud, material misrepresentation, or concealment or  
omission of fact in the application for or the use of any credential issued to the individual  
by the superintendent of public instruction.  
(b) The applicant was convicted of a crime described in section 1539b of the act,  
MCL 380.1539b.  
(c) The applicant does not meet the requirements for the certificate.  
(d) An out-of-state certificating authority took action against an educator credential  
issued at any time to the applicant by that authority.  
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(2) After notice and an opportunity to show compliance, the superintendent of public  
instruction may rescind a preliminary school social worker certificate or professional  
school social worker certificate for failure of the holder to meet the requirements for the  
preliminary school social worker certificate or professional school social worker  
certificate.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1013 Investigation.  
Rule 13. An authorized representative of the department shall perform the  
investigatory and prosecutorial functions regarding cases pertaining to school social  
worker certification. On receipt of information that may serve as the basis for suspension,  
revocation, denial, refusal to renew, or rescission of a preliminary school social worker  
certificate or professional school social worker certificate, the authorized representative  
shall initiate an investigation of that information.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1014 Reinstatement of suspended or revoked preliminary or professional  
school social worker certificate.  
Rule 14. (1) Unless the superintendent of public instruction suspended or revoked an  
individual’s preliminary school social worker certificate or professional school social  
worker certificate based on conviction of a listed offense, the individual may file with the  
department a request for reinstatement of the preliminary school social worker certificate  
or professional school social worker certificate that was suspended or revoked under  
these rules.  
(2) If the superintendent of public instruction suspended or revoked the preliminary  
school social worker certificate or professional school social worker certificate under R  
340.1010(a), all of the following apply:  
(a) The individual shall provide to the department documentation and other  
information that demonstrates that the individual is currently fit to serve in an elementary  
or secondary school in this state and that reinstatement of the individual's preliminary  
school social worker certificate or professional school social worker certificate will not  
adversely affect the health, safety, and welfare of pupils.  
(b) If the superintendent of public instruction suspended the preliminary school  
social worker certificate or professional school social worker certificate pursuant to an  
agreement between the department and the individual, the individual shall provide to the  
department documentation and other information that establishes satisfaction of the  
conditions set forth in the agreement.  
(c) Not more than 30 calendar days after receipt of the request for reinstatement, the  
department shall notify the individual in writing of all of the following:  
(i) The individual has the right to a hearing.  
(ii) If the individual does not request a hearing within 30 calendar days after receipt  
of notice of the right to a hearing, the superintendent of public instruction shall dismiss  
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the request for reinstatement of the preliminary school social worker certificate or  
professional school social worker certificate.  
(iii) If the individual requests a hearing within 30 calendar days after receipt of the  
notice, there must be an informal conference on the request for reinstatement.  
(d) Not later than 30 calendar days after receipt of the notice, the individual shall  
request a hearing. If the individual does not timely request a hearing, the superintendent  
of public instruction shall dismiss the request for reinstatement of the preliminary school  
social worker certificate or professional school social worker certificate.  
(e) If the individual timely requests a hearing, the department shall immediately  
notify the individual of the date and time of an informal conference on the request for  
reinstatement. Unless otherwise agreed, the informal conference is a telephone  
conference with an authorized representative of the department.  
(f) After the informal conference and consideration of the documentation and other  
information presented, the department shall recommend that the superintendent of public  
instruction reinstate or deny reinstatement of the preliminary school social worker  
certificate or professional school social worker certificate. Based on consideration of the  
recommendation and the documentation and other information presented, the  
superintendent of public instruction shall reinstate or deny reinstatement of the  
preliminary school social worker certificate or professional school social worker  
certificate. The superintendent of public instruction shall not reinstate the preliminary  
school social worker certificate or professional school social worker certificate unless the  
superintendent of public instruction finds that the individual is currently fit to serve in an  
elementary or secondary school in this state and that reinstatement will not adversely  
affect the health, safety, and welfare of pupils.  
(g) If the superintendent of public instruction does not reinstate the preliminary  
school social worker certificate or professional school social worker certificate under  
subdivision (f) of this subrule, the department shall refer the request to the Michigan  
office of administrative hearings and rules for hearing.  
(3) If the superintendent of public instruction suspended or revoked the preliminary  
school social worker certificate or professional school social worker certificate under R  
340.1010(b), not more than 30 calendar days after receipt of a request for a hearing on  
reinstatement, the department shall refer the request to the Michigan office of  
administrative hearings and rules under section 1539b(5) of the act, MCL 380.1539b.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1015 Removal of suspension or revocation of preliminary or professional  
school social worker certificate after conviction set aside, expunged, or dismissed.  
Rule 15. (1) The superintendent of public instruction shall remove the suspension or  
revocation of a preliminary school social worker certificate or professional school social  
worker certificate if all of the following requirements are met:  
(a) The suspension or revocation was based solely on a criminal conviction under  
section 1539b of the act, MCL 380.1539b.  
(b) The holder of the credential files with the department a request for removal of  
the suspension or removal that includes documentation satisfactory to the department that  
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the conviction was set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise  
expunged or dismissed by a court of competent jurisdiction.  
(c) If the conviction was set aside under section 1g of 1965 PA 213, MCL  
780.621g, and the judgment of sentence included an order of restitution, the request for  
removal includes verification that the individual has fully paid court-ordered restitution  
or has made a good faith effort to do so.  
(2) Removal of a suspension or revocation under this rule does not relieve the holder  
of the preliminary school social worker certificate or professional school social worker  
certificate of the responsibility to comply with all legal requirements for renewal of the  
preliminary school social worker certificate or professional school social worker  
certificate.  
(3) This rule does not preclude the superintendent of public instruction from taking  
action against a preliminary school social worker certificate or professional school social  
worker certificate under R 340.1010, or from denying or rescinding a preliminary school  
social worker certificate or professional school social worker certificate under R  
340.1012, for a reason other than a conviction that was set aside or otherwise expunged  
or dismissed.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1016 Action of superintendent of public instruction on proposal for  
decision.  
Rule 16. (1) The superintendent of public instruction may adopt, modify, or reverse  
a proposal for decision of the Michigan office of administrative hearings and rules or may  
remand a case to the Michigan office of administrative hearings and rules for further  
proceedings.  
(2) A party shall not directly or indirectly communicate with the superintendent of  
public instruction or individuals involved in the review of a proposal for decision  
regarding issues of fact or law except on notice and opportunity for all parties to  
participate, unless provided by law.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1017 Rescinded.  
History: 1979 AC; 2011 AACS; 2024 MR 12, Eff. June 27, 2024.  
R 340.1018 Rescinded.  
History: 1979 AC; 2024 MR 12, Eff. June 27, 2024.  
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;