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
(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.