DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SPECIAL EDUCATION PROGRAMS AND SERVICES

(By the authority of the superintendent of public instruction under 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)

PART 1. GENERAL PROVISIONS

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.

(c) The regulations implementing the Individuals with Disabilities Education Act, 20

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.

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

2008 AACS; 2013 AACS; 2020 AACS.

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.

(c) "Complaint" means a written and signed allegation by an individual or organization,

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

following:

(i) Any current provision of these rules.

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(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.

History: 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2013 AACS; 2020 AACS.

R 340.1701b Definitions; I to P.

Rule 1b. As used in these rules:

(a) "Instructional services" means services provided by teaching personnel that

are specially designed to meet the unique needs of a student with a disability. These may

be provided by any of the following:

(i) An early childhood special education teacher under R 340.1755.

(ii) A teacher consultant under R 340.1749.

(iii) A teacher of the speech and language impaired under R 340.1745.

(iv) A teacher providing instruction to students with disabilities who are homebound

or hospitalized.

(v) A teacher providing instruction to students who are placed in juvenile

detention facilities under R 340.1757.

(b) "Multidisciplinary evaluation team" means a minimum of 2 persons who are

responsible for evaluating a student suspected of having a disability. The team shall

include at least 1 special education teacher or other specialist who has knowledge of

the suspected disability.

(c) "Occupational therapy" means therapy provided by an occupational therapist or

an 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.

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(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.

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

R 340.1701c Definitions; R to Y.

Rule 1c. As used in these rules:

(a) "Related services" means services defined at 34 C.F.R. §300.34 and ancillary

services as defined in 1976 PA 451, MCL 380.1 et seq., which is available for public

review at the department and at intermediate school districts.

(b) "Services" means instructional or related services as defined in these rules.

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

meet the unique educational needs of the student with a disability and to develop the

student's maximum potential. Special education includes instructional services defined

in R 340.1701b(a) and related services.

(d) "Youth placed in a juvenile detention facility" means a student who is placed by the

court in a detention facility for juvenile delinquents and who is not attending a regular

school program due to court order.

History: 2002 AACS; 2008 AACS.

R 340.1702 "Student with a disability" defined.

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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.

History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AAC; 2002 AACS; 2010 AACS; 2013 AACS.

R 340.1703 Rescinded.

History: 1979 AC; 1980 AACS; 2002 AACS.

R 340.1704 Rescinded.

History: 1979 AC; 1980 AACS; 2002 AACS.

R 340.1705 Cognitive impairment; determination.

Rule 5. (1) Cognitive impairment shall be manifested during the developmental

period and be determined through the demonstration of all of

the following behavioral characteristics:

(a) Development at a rate at or below approximately 2 standard deviations below the

mean as determined through intellectual assessment.

(b) Scores approximately within the lowest 6 percentiles on a standardized test

in reading and arithmetic. This requirement will not apply if the student is not of an age,

grade, or mental age appropriate for formal or standardized achievement tests.

(c) Lack of development primarily in the cognitive domain.

(d) Impairment of adaptive behavior.

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

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

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

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS.

R 340.1706 Emotional impairment; determination; evaluation report.

Rule 6. (1) Emotional impairment shall be determined through manifestation of

behavioral problems primarily in the affective domain, over an extended period of time,

which adversely affect the student's education to the extent that the student cannot profit

from learning experiences without special education support. The problems result in

behaviors manifested by 1 or more of the following characteristics:

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(a) Inability to build or maintain satisfactory interpersonal relationships within the

school environment.

(b) Inappropriate types of behavior or feelings under normal circumstances.

(c) General pervasive mood of unhappiness or depression.

(d) Tendency to develop physical symptoms or fears associated with personal or

school problems.

(2) Emotional impairment also includes students who, in addition to the

characteristics specified in subrule (1) of this rule, exhibit maladaptive behaviors

related to schizophrenia or similar disorders. The term "emotional impairment" does not

include persons who are socially maladjusted, unless it is determined that the persons

have an emotional impairment.

(3) Emotional impairment does not include students whose behaviors are primarily

the result of intellectual, sensory, or health factors.

(4) When evaluating a student suspected of having an emotional impairment,

the multidisciplinary evaluation team report shall include documentation of all of the

following:

(a) The student's performance in the educational setting and in other settings, such as

adaptive behavior within the broader community.

(b) The systematic observation of the behaviors of primary concern which interfere

with educational and social needs.

(c) The intervention strategies used to improve the behaviors and the length of time

the strategies were utilized.

(d) Relevant medical information, if any.

(5) A determination of impairment shall be based on data provided by

a

multidisciplinary evaluation team, which shall include a full and individual evaluation by

both of the following:

(a) A psychologist or psychiatrist.

(b) A school social worker.

History: 1979 AC; 1980 AACS; 1983 AACS; 2002 AACS; 2010 AACS.

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.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2018 AACS.

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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.

(c) A learning media 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.

(c) A visual acuity of 20/200 or more and a recommendation by a teacher of 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.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2021 MR 12, Eff. June 21,

2021.

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.

(c) A neurologist.

(d) A pediatrician.

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

MCL 333.1101 et seq.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS.

R 340.1709a "Other health impairment" defined; determination.

Rule 9a. (1) "Other health impairment" means having limited strength, vitality, or

alertness, including a heightened alertness to environmental stimuli, which results in

limited alertness with respect to the educational environment and to which both of the

following provisions apply:

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(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.

(c) A neurologist.

(d) A pediatrician.

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

MCL 333.1101 et seq.

History: 2002 AACS; 2010 AACS.

R 340.1710 "Speech and language impairment" defined; determination.

Rule 10. (1) A "speech and language impairment" means a communication disorder

that adversely affects educational performance, such as

a

language impairment,

articulation impairment, fluency impairment, or voice impairment.

(2) A communication disorder shall be determined through the manifestation

of 1 or more of the following speech and language impairments that adversely affects

educational performance:

(a) A language impairment which interferes with the student's ability to understand

and use language effectively and which includes 1 or more of the following:

(i) Phonology.

(ii) Morphology.

(iii) Syntax.

(iv) Semantics.

(v) Pragmatics.

(b) Articulation impairment, including omissions, substitutions, or distortions of

sound, persisting beyond the age at which maturation alone might be expected to

correct the deviation.

(c) Fluency impairment, including an abnormal rate of speaking, speech

interruptions, and repetition of sounds, words, phrases, or sentences, that interferes with

effective communication.

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(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.

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS.

R 340.1711 "Early childhood developmental delay" defined; determination.

Rule 11. (1) "Early childhood developmental delay" means a child through 7 years of

age whose primary delay cannot be differentiated through existing criteria within R

340.1705 to R 340.1710 or R 340.1713 to R 340.1716 and who manifests a delay in 1 or

more areas of development equal to or greater than 1/2 of the expected development.

This definition does not preclude

identification of a child through existing criteria within R 340.1705 to R

340.1710 or R 340.1713 to R 340.1716.

(2) A determination of early childhood developmental delay shall be based

upon a full and individual evaluation by a multidisciplinary evaluation team.

History: 1979 AC; 1980 AACS; 1982 AACS; 1983 AACS; 2002 AACS; 2010 AACS.

R 340.1712 Rescinded.

History: 1979 AC; rescinded 1980 AACS.

R 340.1713 Specific learning disability defined; determination.

Rule 13. (1) "Specific learning disability" means a disorder in 1 or more of the basic

psychological processes involved in understanding or in using language, spoken or

written, that may manifest itself in the imperfect ability to listen, think, speak, read,

write, spell, or to do mathematical calculations, including conditions such as

perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and

developmental aphasia. Specific learning disability does not include learning problems

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

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impairment, of emotional impairment, of autism spectrum disorder, or of

environmental, cultural, or economic disadvantage.

(2) In determining whether a student has a learning disability, the state shall:

(a) Not require the use of a severe discrepancy between intellectual ability and

achievement.

(b) Permit the use of a process based on the child's response to scientific,

research-based intervention.

(c) Permit the use of other alternative research-based procedures.

(3) A determination of learning disability shall be based upon a 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.

History: 1979 AC; 1980 AACS; 1983 AACS; 2002 AACS; 2004 AACS; 2008 AACS; 2010 AACS.

R 340.1714 Severe multiple impairment; determination.

Rule 14. (1) Students with severe multiple impairments shall be determined

through the manifestation of either of the following:

(a) Development at a rate of 2 to 3 standard deviations below the mean and 2 or more

of the following conditions:

(i) A hearing impairment so severe that the auditory channel is not the primary means

of developing speech and language skills.

(ii) A visual impairment so severe that the visual channel is not sufficient to guide

independent mobility.

(iii) A physical impairment so severe that activities of daily living cannot be

achieved without assistance.

(iv) A health impairment so severe that the student is medically at risk.

(b) Development at a rate of 3 or more standard deviations below the mean or students

for whom evaluation instruments do not provide a valid measure of cognitive ability and

1 or more of the following conditions:

(i) A hearing impairment so severe that the auditory channel is not the primary means

of developing speech and language skills.

(ii) A visual impairment so severe that the visual channel is not sufficient to guide

independent mobility.

(iii) A physical impairment so severe that activities of daily living cannot be

achieved without assistance.

(iv) A health impairment so severe that the student is medically at risk.

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

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

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and, depending upon the disabilities in the physical domain, the multidisciplinary

evaluation team participants required in R 340.1707, R 340.1708, or R 340.1709, R

340.1709a, or R 340.1716.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS.

R 340.1715 Autism spectrum disorder defined; determination.

Rule 15. (1) Autism spectrum disorder is considered a lifelong developmental

disability that adversely affects a student's educational performance in 1 or more of

the following performance areas:

(a) Academic.

(b) Behavioral.

(c) Social.

Autism spectrum disorder is typically manifested before 36 months of age. A child

who first manifests the characteristics after age 3 may also meet criteria. Autism

spectrum disorder is characterized by qualitative impairments in reciprocal social

interactions, qualitative impairments in communication, and restricted range of

interests/repetitive behavior.

(2) Determination for eligibility shall include all of the following:

(a) Qualitative impairments in reciprocal social interactions including at least 2 of the

following areas:

(i) Marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye

gaze, facial expression, body postures, and gestures to regulate social interaction.

(ii) Failure to develop peer relationships appropriate to developmental level.

(iii) Marked impairment in spontaneous seeking to share enjoyment, interests, or

achievements with other people, for example, by a lack of showing, bringing, or

pointing out objects of interest.

(iv) Marked impairment in the areas of social or emotional reciprocity.

(b) Qualitative impairments in communication including at least 1 of the following:

(i) Delay in, or total lack of, the development of spoken language not accompanied

by an attempt to compensate through alternative modes of communication such as

gesture or mime.

(ii) Marked impairment in pragmatics or in the ability to initiate, sustain, or engage

in reciprocal conversation with others.

(iii) Stereotyped and repetitive use of language or idiosyncratic language.

(iv) Lack of varied, spontaneous make-believe play or social imitative play

appropriate to developmental level.

(c) Restricted, repetitive, and stereotyped behaviors including at least 1 of the

following:

(i) Encompassing preoccupation with 1 or more stereotyped and restricted patterns of

interest that is abnormal either in intensity or focus.

(ii) Apparently inflexible adherence to specific, nonfunctional routines or rituals.

(iii) Stereotyped and repetitive motor mannerisms, for example, hand or finger

flapping or twisting, or complex whole-body movements.

(iv) Persistent preoccupation with parts of objects.

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(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.

History: 1983 AACS; 2002 AACS; 2004 AACS; 2010 AACS.

R 340.1716 "Traumatic brain injury" defined; determination.

Rule 16. (1) "Traumatic brain injury" means an acquired injury to the brain which is

caused by an external physical force and which results in total or partial functional

disability or psychosocial impairment, or both, that adversely affects a student's

educational performance. The term applies to open or closed head injuries resulting in

impairment in 1 or more of the following areas:

(a) Cognition.

(b) Language.

(c) Memory.

(d) Attention.

(e) Reasoning.

(f) Behavior.

(g) Physical functions.

(h) Information processing.

(i) Speech.

(2) The term does not apply to brain injuries that are congenital or degenerative or

to brain injuries induced by birth trauma.

(3) A determination of disability shall be based upon a 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.

History: 2002 AACS; 2010 AACS.

R 340.1717 Deaf-blindness defined; determination.

Rule 17. (1) Deaf-blindness means concomitant hearing impairment

impairment, the combination of which causes severe communication and other

developmental and educational needs that cannot be accommodated in special

and visual

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.

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(b) Such students function as if they have both a hearing and visual loss, based upon

responses to auditory and visual stimuli in the environment, or during vision and

hearing evaluations.

(2) A determination of the disability shall be based upon data provided by a

multidisciplinary evaluation team which shall include assessment data from all of the

following:

(a) Medical specialists such as any of the following:

(i) An ophthalmologist.

(ii) An optometrist.

(iii) An audiologist.

(iv) An otolaryngologist.

(v) An otologist.

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

MCL 333.1101 et seq.

(b) A teacher of students with visual impairment.

(c) A teacher of students with hearing impairment.

History: 2004 AACS.

R 340.1719 Rescinded.

History: 1979 AC; 2018 AACS.

PART 2. INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED

EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE

PROCESS PROCEDURES

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.

History: 1979 AC; 1980 AACS; 2002 AACS; 2010 AACS; 2011 AACS; 2013 AACS.

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.

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(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.

History: 1980 AACS; 1987 AACS; 2002 AACS; 2009 AACS; 2010 AACS; 2011 AACS.

R 340.1721b Time lines.

Rule 21b. (1) Within 10 school days of receipt of a written request for any evaluation,

the public agency shall provide the parent with written notice consistent with 34 CFR §

300.503 and shall 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 shall not be more than 30 school days.

This time line begins upon receipt of the signed parental consent by the public agency

requesting the consent. This time line may be extended if agreed to by the parent and

public agency. Any extension to this time line shall be both of the following:

(a) In writing.

(b) Measured in school days.

(2) 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.

(3) Within 7 school days from the date of the individualized education program team

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 mode and date of delivery. The notice shall identify where the programs and

services are to be provided and when the individualized education program begins.

(4) Unless a parent has filed an appeal under R 340.1724f, the public agency, as defined

under 34 CFR § 300. 33, shall initiate a proposed special education individualized

education program as soon as possible and not more than 15 school days after the

parent’s receipt of written notification under R 340.1721b(3), or not more than 15 school

days after receipt of written parental consent under R 340.1721b(2). The parties may

agree to a later initiation date if the later date is clearly identified in the individualized

education program. An initiation date later than 15 school days shall not be used to deny

or delay programs or services because they are unavailable and shall not be used for

purposes of administrative convenience.

(5) For students with an individualized education program in effect at a previous public

agency who transfer public agencies within the same school year, the new public agency

shall immediately provide a free appropriate public education. A decision regarding

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implementation of an individualized education program in accordance with 4 CFR §

300.323 shall be made within 30 school days of enrollment.

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2011 AACS; 2013 AACS.

R 340.1721c Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2011 AACS.

R 340.1721d Rescinded.

History: 1980 AACS; 2002 AACS; 2011 AACS.

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.

(c) For a child age 3 through 5, a statement of the child’s socialization needs and

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.

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(c) The individualized education program team shall not determine the need for

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.

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2009 AACS; 2011 AACS;

2013 AACS; 2020 MR 3, Eff. Feb. 13, 2020; 2021 MR 12, Eff. June 21, 2021.

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.

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(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.

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS; 2011 AACS; 2013 AACS.

R 340.1722a Rescinded.

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

2008 AACS; 2010 AACS; 2011 AACS.

R 340.1722b Rescinded.

History: 1980 AACS; 1987 AACS.

R 340.1722c Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS.

R 340.1722d Rescinded.

History: 1980 AACS; 1997 AACS; 2002 AACS.

R 340.1722e Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2011 AACS.

R 340.1722f Rescinded.

History: 1980 AACS; 2002 AACS.

R 340.1723 Rescinded.

History: 1979 AC; 1980 AACS; 2002 AACS.

R 340.1723a Rescinded.

History: 1980 AACS; 1995 AACS; 2002 AACS.

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R 340.1723b Rescinded.

History: 1980 AACS; 1994 AACS; 2002 AACS.

R 340.1723c Right to independent educational evaluation.

Rule 23c. (1) Each public agency shall provide parents with information about

independent educational evaluations at public expense. The information must include all

of the following:

(a) Criteria regarding credentials for qualified examiners.

(b) Suggested sources and locations.

(c) Procedures for reimbursement.

(d) Reasonable expected costs.

(e) Notification that the parent is not restricted to choosing from sources suggested by

the public agency.

(2) A parent has the right to an independent educational evaluation at public expense if

the parent disagrees with an evaluation obtained by the public agency. A parent is

entitled to only 1 independent educational evaluation at public expense each time the

public agency conducts an evaluation with which the parent disagrees. The parent shall

submit the parent's disagreement and request in written, signed, and dated form.

However, the public agency may initiate a hearing under R 340.1724f to show that its

evaluation is appropriate. The public agency shall respond, in writing, to the request

within 7 calendar days of its receipt by indicating the public agency's intention to honor

the request or to initiate the hearing procedure under R 340.1724f. If the hearing officer

determines that the evaluation is appropriate, then the parent still has the right to an

independent educational evaluation, but not at public expense.

(3) The public agency shall disclose to the parent, before evaluation, whether the

examiner who was contracted to provide an independent educational evaluation provides

services to the public agency that are in addition to the independent educational

evaluation.

(4) Unless agreeable to the parent, an examiner or examiners who otherwise or

regularly contract with the public agency to provide services shall not conduct an

independent educational evaluation.

History: 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2008 AACS; 2018 AACS.

R 340.1724 Rescinded.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

R 340.1724a Rescinded.

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

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R 340.1724b Rescinded.

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

R 340.1724c Rescinded.

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

R 340.1724d Mediation.

Rule 24d. (1) A parent or public agency may request a mediation process in which the

relief sought consists of a mutually agreeable settlement between the parties of a dispute

that might be the subject of a state special education complaint under part 8 of the rules

or a due process complaint under R 340.1724f.

(2) The superintendent of public instruction shall approve procedures regarding the

mediation process.

History: 1987 AACS; 2002 AACS; 2008 AACS; 2018 AACS.

R 340.1724e Rescinded.

History: 2006 AACS; 2008 AACS.

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.

(c) Educational placement.

(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.

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(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.

History: 2006 AACS; 2008 AACS; 2010 AACS; 2013 AACS; 2020 AACS.

R 340.1724g Rescinded.

History: 2006 AACS; 2008 AACS.

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.

History: 2006 AACS; 2008 AACS; 2020 AACS.

R 340.1724i Reimbursement.

Rule 24i. This rule applies only to due process complaints filed on or after July 1,

2006. For purposes of MCL 380.1752, this rule replaces R 340.1882(4), which was

rescinded. The district of residence or public school academy shall reimburse the State

75% of the costs related to providing the due process hearing.

History: 2006 AACS; 2008 AACS.

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R 340.1725 Rescinded.

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

R 340.1725a Rescinded.

History: 1980 AACS; 2002 AACS.

R 340.1725b Rescinded.

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

R 340.1725c Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS.

R 340.1725d Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS.

R 340.1725e 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.

(c) Provide for the taking of testimony.

(d) Require a prehearing conference, if appropriate, to consider and take action

regarding any of the following:

(i) The formulation and simplification of the issues.

(ii) Admissions of fact and documents that will avoid unnecessary testimony.

(iii) The need and scheduling for the filing of motions, briefs, and dates for further

conferences and the hearing.

(iv) Settlement, which may include encouraging the use of mediation or other

alternative dispute resolution options.

(v) The filing and disposition of requests or motions.

(vi) Establishing a reasonable limit on the time allowed for presenting evidence.

(vii) Other matters as may facilitate the disposition of the hearing.

(e) Control the conduct of parties or participants in the hearing for the purpose of

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

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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.

History: 1987 AACS; 1994 AACS; 2002 AACS; 2020 AACS.

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.

History: 2002 AACS; 2013 AACS.

PART 3. ADMINISTRATION OF PROGRAMS AND SERVICES

R 340.1731 Rescinded.

History: 1979 AC; 1980 AACS.

R 340.1732 Designation of residency.

Rule 32. (1) 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.

(c) Within 7 calendar days of receipt of notice from the department, all parties shall

provide the department with a written statement of their position and supporting facts.

(d) Within 14 calendar days of the receipt of a notice of a disagreement from a school

district, the department shall investigate the matter, consider information received from

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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.

History: 1979 AC; 1980 AACS; 2002 AACS; 2013 AACS.

R 340.1733 Program and service requirements.

Rule 33. An intermediate school district, local school district, public school academy,

and any other agency shall adhere to all of the following general requirements for all

programs and services for students with disabilities:

(a) Special education classrooms or areas where related services are provided shall

have at least the same average number of square feet per student, light, ventilation,

and heat conditions as provided for general education students in the school district.

(b) Programs for students with severe cognitive impairment and severe multiple

impairments which have students under 16 years of age shall not exceed a 6-year age

span at any 1 time.

(c) All other special education programs which have students under 16 years of age

and which are operated in separate facilities shall not exceed a 4-year age span at any 1

time.

(d) The age span for students who are assigned to special education programs,

except for programs for students with severe cognitive impairment and severe multiple

impairments, operated in elementary buildings attended by children who are nondisabled,

shall not exceed, at any 1 time, a 6-year age span or the age span of the students who are

nondisabled in the building, whichever is less.

(e) The age span for students who are assigned to special education

programs, except for programs for students with severe cognitive impairment and severe

multiple impairments, operated in secondary buildings attended by students who are

nondisabled, shall not exceed, at any 1 time, the age span of the students who are

nondisabled in the building, except in high school buildings where students up to 26

years of age may be served. The term "nondisabled" shall not include persons

participating in adult education programs.

(f) Programs for students with severe cognitive impairment, severe multiple

impairments, and moderate cognitive impairment shall comply with subdivisions (b),

(c), (d), and (e) of this rule unless a program is operated in accordance with an approved

intermediate school district plan where, due to the low incidence of eligible students,

expanded age ranges may be necessary for programmatic feasibility and meeting the

needs of students.

(g) Students with disabilities qualifying for special education programs and services

shall be provided with supplies and equipment at least equal to those provided to other

students in general education programs, in addition to those supplies and equipment

necessary to implement a student's individualized education program.

(h) Intermediate school districts, local school districts, public school academies, or a

combination of such agencies in cooperation with public and private entities, shall

provide or contract for the provision of transition services. Special education teachers

shall be assigned to supervise such services. Professional special education personnel,

a transition coordinator, or both, shall coordinate transition services.

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(i) For worksite-based learning, a written agreement/plan is required and shall be

signed by the student, parent, school, and worksite representative. The agreement shall

set forth all of the following information:

(i) Expectations and standards of attainment.

(ii) Job activities.

(iii) Time and duration of the program.

(iv) Wages to be paid to the student, if applicable.

(v) Related instruction, if applicable. The superintendent of the school district shall

designate a staff member to visit the student's worksite at least once every 30 calendar

days for the duration of the program to check attendance and student progress and

assess the placement in terms of health, safety, and welfare of the student.

(j) Substitute instructional aides specified in R 340.1738,

R

340.1739, and R

340.1748 shall be provided when assigned instructional aides are absent. In addition,

teacher aides specified in R 340.1739 and R 340.1740 shall be provided when assigned

teacher aides are absent.

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

2010 AACS.

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.

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(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.

History: 1979 AC; 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2013 AACS.

R 340.1735 Rescinded.

History: 1979 AC; 1980 AACS.

R 340.1736 Rescinded.

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

R 340.1737 Rescinded.

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

R 340.1738 Severe cognitive impairment program.

Rule 38. A severe cognitive impairment program shall be operated as follows:

(a) There shall be 1 teacher and 2 instructional aides for a maximum of 12 students. The

maximum number of students may be extended to 15 if an additional instructional aide is

assigned with the placement of the thirteenth student. At least 1 full-time teacher and 1

full-time aide shall be employed in every severe cognitive impairment program.

(b) A severe cognitive impairment program shall consist of either 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.

(c) 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.

(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.

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(g) A registered nurse shall be reasonably available.

History: 1979 AC; 1980 AACS; 1987 AACS: 1989 AACS; 2002 AACS; 2008 AACS; 2013 AACS.

R 340.1739 Programs for students with moderate cognitive impairment.

Rule 39. Programs for students with moderate cognitive impairment shall be operated

as follows:

(a) There shall be 1 teacher and 1 teacher aide for a maximum of 15 students.

(b) There shall be 1 lead teacher and a maximum of 3 instructional aides for a

maximum of 30 students, with not more than 10 students for each aide.

History: 1979 AC; 1980 AACS; 2002 AACS.

R 340.1740 Programs for students with mild cognitive impairment.

Rule 40. Programs for students with mild cognitive impairment shall be operated as

follows:

(a) Elementary programs for students with mild cognitive impairment shall serve not

more than 15 different students. When an elementary program for students with mild

cognitive impairment has 12 or more students in the room at one time, an aide shall be

assigned to the program.

(b) Secondary programs for students with mild cognitive impairment shall have not

more than 15 different students in the classroom at any one time and the teacher shall be

responsible for the educational programming for not more than 15 different students.

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

R 340.1741 Programs for students with emotional impairment.

Rule 41. Programs for students with emotional impairment shall have not more than

10 students in the classroom at any one time, and the teacher shall be responsible for

the educational programming for not more than 15 different students.

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

R 340.1742 Programs for students 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.

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS; 2018 AACS.

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R 340.1743 Programs for students with visual impairment.

Rule 43. Programs and services for students with visual impairment

shall be

determined by the severity and multiplicity of the impairments. A special class with

1 teacher shall have an enrollment of not more than the equivalent of 8 full-time

students, and the teacher shall be responsible for the educational programming

for not more than 10 different students. The public agency shall ensure that low vision

aids, excluding prescription eye glasses, are available and functioning properly.

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

R 340.1744 Programs for students with physical impairment or other health

impairment.

Rule 44. (1) Programs for students with physical impairment or other health

impairment shall have not more than 10 students in the classroom at any one time, and

the teacher shall be responsible for the educational programming for not more than 15

different students.

(2) Special classroom units serving students with physical or other health impairment

shall provide not less than 60 square feet of floor space per person.

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

R 340.1745 Services for students with speech and language impairment.

Rule 45. All of the following provisions are specific requirements for speech and

language services:

(a) The speech and language services provided by an authorized provider of speech and

language services shall be based on the needs of a student with a disability as determined

by the individualized education program

team after reviewing a diagnostic report

provided by an authorized provider of speech and language services.

(b) The determination of caseload size for an authorized provider of speech and

language services shall be made by the authorized provider of speech and language

services in cooperation with the district director of special education, or his or her

designee, and the building principal or principals of the school or schools in which the

students are enrolled. Caseload size shall be based upon the severity and multiplicity

of the disabilities and the extent of the service defined in the collective individualized

education programs of the students to be served, allowing time for all of the following:

(i) Diagnostics.

(ii) Report writing.

(iii) Consulting with parents and teachers.

(iv) Individualized education program team meetings.

(v) Travel.

(c) Individual caseloads of authorized providers of speech and language services

shall not exceed 60 different persons and shall be adjusted based on factors identified in

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subdivision (b) of this rule. Students being evaluated shall be counted as part of the

caseload.

(d) An authorized provider of speech and language impaired services shall be either a

teacher of students with speech and language impairment under R 340.1781, R

340.1782, and R 340.1796, or a person with a master's degree, as qualified under R

340.1792.

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

R 340.1746 Homebound and hospitalized services.

Rule 46. (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, 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.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS; 2022 MR 13, Eff. July 19, 2022.

R 340.1747 Programs for students with specific learning disabilities.

Rule 47. Programs for students with specific learning disabilities shall have not more

than 10 students in the classroom at any one time, and the teacher shall be responsible

for the educational programming for not more than 15 different students.

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

R 340.1748 Severe multiple impairments program.

Rule 48. (1) A severe multiple impairment program shall consist of at least 1 teacher

and 2 instructional aides for a maximum of 9 students. At least 1 full-time teacher and 1

full-time aide shall be employed in every severe multiple impairments program.

(2) A severe multiple impairments program shall consist of either of the following:

(a) A minimum of 200 days and 1,150 clock hours of instruction.

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(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.

History: 1979 AC; 1980 AACS; 1987 AACS; 1989 AACS; 2002 AACS; 2008 AACS; 2013 AACS.

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.

History: 2011 AACS.

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.

(c) Provide consultation to education personnel on behalf of students with disabilities

on the consultant's caseload.

(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.

(c) Consultation with special and general education personnel.

(d) Report writing.

(e) Travel.

(3) The teacher consultant shall not serve in supervisory or administrative roles

and perform the function of a teacher consultant simultaneously.

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History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2011 AACS.

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 responsible for the

evaluation of not more than 2 students at 1 time. Time shall be allocated to the resource

teacher to carry out this responsibility.

(5) If the special education teacher to whom the student is assigned does not have an

endorsement in the area which matches the student’s disability, the individualized

educational program team shall determine if a teacher consultant with such credentials is

needed to provide consultation, resources, and support services to the resource teacher.

History: 1987 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

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

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educational program team shall determine if a teacher consultant with such credentials is

needed to provide consultation, resources, and support services to the resource teacher.

History: 1987 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

R 340.1749c Departmentalization of special education programs.

Rule 49c. (1) A school with more than 1 special

departmentalize.

education

teacher may

(2) Each teacher shall teach only 1 local education agency

education course per period.

approved special

(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

period per instructional day.

students per class

History: 1987 AACS; 2002 AACS.

R 340.1750 Director of special education.

Rule 50. (1) Local school districts or public school academies may employ, or

contract for the services of, a not less than half-time director of special education

under the intermediate school district plan.

(2) Each intermediate school district shall employ, or contract for the services of, a

full-time director of special education.

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

R 340.1751 Supervisor of special education.

Rule 51. (1) A local school district, public school academy, or intermediate school

district may employ a supervisor of special education instructional programs. The

person shall be employed not less than half-time.

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

R 340.1752 Rescinded.

History: 1979 AC; 1980 AACS; 1987 AACS.

R 340.1753 Rescinded.

History: 1980 AACS; 1987 AACS; 2002 AACS.

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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.

(c) Be based on the approved state board of education early childhood standards.

(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.

History: 1980 AACS; 1982 AACS; 2002 AACS; 2013 AACS.

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.

(c) Be provided for not less than 72 clock hours over 1 school year. Services may be

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.

History: 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS; 2013 AACS.

R 340.1756 Programs for students with severe language impairment.

Rule 56. (1) A public agency may establish programs for students with severe

language impairment. Specific requirements for these programs are as follows:

(a) A program for students with severe language impairment conducted by a teacher of

programs for students with speech and language impairment shall serve only young

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children with disabilities

severe language impairment.

or

developmental delay or elementary students with

(b) The program shall have not more than 10 students or young children with speech

and language impairment in the classroom at any 1 time, and the teacher shall have

responsibility for the educational programming for not more than 15 different children.

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

R 340.1757 Students placed in juvenile detention facilities; other educational

services.

Rule 57. All of the following provisions are specific requirements for educational

services conducted for students placed in juvenile detention facilities:

(a) Programs shall be initiated within 5 calendar days after admission. If a student

placed in a juvenile detention facility is suspected of having a disability, then the

procedure outlined in part 2 of these rules shall be immediately followed.

(b) Notification of educational placement shall be sent to the superintendent

of the district of residence within 5 school days after the date of entry of a student into

the educational program in a juvenile detention facility.

(c) Subject to applicable federal privacy protections, education reports for each

student educated in a juvenile detention facility shall be sent by certified mail to the

superintendent of the district of residence within 5 school days from the date of

release from the facility.

(d) Special education reimbursed personnel may provide educational services for

students who do not have disabilities and who are placed in the facility, if the programs

comply with both of the following provisions:

(i) They are under the supervision of a teacher approved in the area of emotional

impairment.

(ii) They have not more than 10 students in a class at any 1 time.

History: 1980 AACS; 2002 AACS; 2005 AACS.

R 340.1758 Programs for students with autism spectrum disorder.

Rule 58. 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.

History: 1983 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

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PART 4. QUALIFICATIONS OF DIRECTORS AND SUPERVISORS

R 340.1771 Director of special education; education and experience

requirements.

Rule 71. (1) For full approval, a director of special education shall possess all of the

following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful professional practice or administrative experience in

special education, or a combination of practice and experience.

(d) Thirty semester or equivalent hours of graduate credit and a successful 200-clock-

hour practicum in special education administration. Graduate credit shall be earned in

a college or university whose program has been approved by the state board of

education and shall

be

distributed appropriately to assure knowledge and

competency as related to special education in all of the following areas:

(i) Program development and evaluation.

(ii) Personnel staffing, supervision, and evaluation.

(iii) Verbal and written communication.

(iv) Leadership of professional development.

(v) Budget development and fiscal reporting.

(vi) Fostering parental, family, and community involvement.

(vii) Consultation and collaboration.

(viii) Dispute resolution.

(ix) Data-based decision-making.

(x) Conflict management.

(xi) Legal and ethical issues.

(e) Verification from a college or university approved for the preparation of special

education directors.

(2) A director of special education who has full approval status shall maintain full

approval status indefinitely.

(3) For temporary approval, a director of special education shall possess all of the

following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful professional practice or administrative experience in

education, or a combination of practice and experience.

(d) Twelve semester or equivalent hours of graduate credit in special education

administration. Graduate credit shall be earned in a college or university whose

program has been approved by the state board of education.

(e) The college or university approved for the preparation of special education

directors shall verify enrollment in the director of special education preparation

program and completion of 12 semester or equivalent hours of graduate credit.

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(4) Continuation of temporary approval is dependent upon the satisfactory completion

of not less than 6 semester or equivalent hours of required credit toward full approval

before the beginning of the next school year.

(5) Any person who has completed all program requirements in effect before the

effective date of these rules shall be eligible for full approval as a director of special

education.

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

R 340.1772 Supervisor of special education; education and experience

requirements.

Rule 72. (1) For full approval, a supervisor of special education shall possess all of

the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful experience in special education.

(d) Twelve semester or equivalent hours of graduate credit in a college or university

whose program has been approved by the state board of education.Graduate credit shall

be distributed appropriately to assure knowledge and competency as related to special

education in all of the following areas:

(i) Curriculum and instruction.

(ii) Administrative procedures.

(iii) Personnel supervision and evaluation.

(iv) Communication skills.

(v) Leadership of professional development.

(vi) Facilitation of effective instruction.

(vii) Data-based program improvement.

(viii) School law and policy.

(ix) Parental and family collaboration.

(e) Verification from a college or university approved for the preparation of

special education supervisors.

(2) A supervisor of special education who has full approval status shall maintain full

approval status indefinitely.

(3) For temporary approval, a supervisor of special education shall possess all of

the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful experience in special education.

(d) Verification 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.

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(5) Any person who has completed all program requirements in effect before the

effective date of these rules shall be eligible for full approval as a supervisor of special

education.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

R 340.1773 Rescinded.

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

R 340.1774 Out-of-state applicants for supervisor or

approval.

director; temporary

Rule 74. An applicant for temporary approval as a supervisor or director of special

education who has been educated in another state shall present evidence of

fulfilling all of the requirements established for applicants who have been educated

in approved Michigan colleges and universities. The department shall establish

procedures for the temporary approval of out-of-state applicants as supervisors or

directors of special education.

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

PART 5. QUALIFICATIONS OF TEACHERS AND OTHER PERSONNEL

R 340.1781 Teachers of students with disabilities; endorsement requirements.

Rule 81. (1) A teacher seeking an endorsement or full approval by the 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.

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