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(5) The public agency shall disclose to the parent, before evaluation, whether the examiner
who was contracted to provide an independent educational evaluation provides services to
the public agency that are in addition to the independent educational evaluation.
(6) Unless agreeable to the parent, an examiner who regularly contracts with the public
agency to provide services shall not conduct an independent educational evaluation.
R 340.1733 Program and service requirements.
Rule 33. An intermediate school district, local school district, public school academy, and
any other agency shall comply with all of the following general requirements for all
programs and services for students with disabilities:
(a) Special education classrooms or areas where related services are provided must have
at least the same average number of square feet per student and the same light, ventilation,
and heat conditions as provided for general education students in the school district.
(b) Programs for students with severe cognitive impairment and severe multiple
impairments that have students under 16 years of age must not exceed a 6-year age span at
any 1 time.
(c) All other special education programs that have students under 16 years of age and are
operated in separate facilities must not exceed a 4-year age span at any 1 time.
(d) The age span for students who are assigned to special education programs, except for
programs for students with severe cognitive impairment and severe multiple impairments,
operated in elementary buildings attended by children who are nondisabled must not
exceed, at any 1 time, the age span of the students who are nondisabled in the building.
(e) The age span for students who are assigned to special education programs, except for
programs for students with severe cognitive impairment and severe multiple impairments,
operated in secondary buildings attended by students who are nondisabled must not exceed,
at any 1 time, the age span of the students who are nondisabled in the building, except in
high school buildings where students up to 26 years of age may be served. As used in this
subdivision, "nondisabled" does not include individuals participating in adult education
programs.
(f) Programs for students with severe cognitive impairment, severe multiple impairments,
and moderate cognitive impairment must comply with subdivisions (b), (c), (d), and (e) of
this rule unless a program is operated in accordance with an approved intermediate school
district plan where, due to the low incidence of eligible students, expanded age ranges may
be necessary for programmatic feasibility and meeting the needs of students.
(g) Students with disabilities qualifying for special education programs and services shall
be provided with supplies and equipment at least equal to those provided to other students
in general education programs, in addition to those supplies and equipment necessary to
implement the students’ individualized education programs.
(h) Intermediate school districts, local school districts, public school academies, or a
combination of these agencies in cooperation with public and private entities, shall provide
or contract for the provision of transition services. Special education teachers shall be
assigned to supervise these services. Professional special education personnel, a transition
coordinator, or both, shall coordinate transition services.
(i) For worksite-based learning, there must be a written agreement signed by the student,
parent, school representative, and worksite representative that includes all of the following
information: