RIS-Page 6
The proposed rules do not impose costs on businesses or groups. School districts will be directly affected by and
benefit from the proposed rules in that their responsibilities under the IDEA related to the provision of FAPE and
requests for independent education evaluations at public expense will be clarified. Data about the frequency of
requests for independent education evaluations at public expense and the cost of those evaluations are not reported to
the Department of Education. School districts will be directly affected by and benefit from the amendment of R
340.1733 by way of the added flexibility for providing special education programs and services in elementary
buildings without having to apply for a waiver from the Department of Education in many instances.
B. What additional costs will be imposed on businesses and other groups as a result of these proposed rules (i.e.
new equipment, supplies, labor, accounting, or recordkeeping)? Please identify the types and number of businesses
and groups. Be sure to quantify how each entity will be affected.
The proposed rules do not impose additional costs on businesses or groups.
27. Estimate the actual statewide compliance costs of the proposed rules on individuals (regulated individuals or
the public). Include the costs of education, training, application fees, examination fees, license fees, new
equipment, supplies, labor, accounting, or recordkeeping.
The proposed rules do not impose actual statewide compliance costs on individuals.
A. How many and what category of individuals will be affected by the rules?
The proposed rules do not impose actual statewide compliance costs on individuals. Students with disabilities and
their families will be affected by the rules.
B. What qualitative and quantitative impact do the proposed changes in rules have on these individuals?
The proposed rules do not impose actual statewide compliance costs on individuals. Parents who request independent
education evaluations of their children at public expense will be affected by the rules in that the rules eliminate the
burden to put their requests in writing.
28. Quantify any cost reductions to businesses, individuals, groups of individuals, or governmental units as a result
of the proposed rules.
With the exception of the possibility of slight reductions of school districts’ costs related to providing a document
that offers FAPE in instances when it is not required by the IDEA, and related to the need to obtain a waiver from the
Department of Education to provide a preschool special education program in an elementary building, there are no
cost reductions to businesses, individuals, groups of individuals, or governmental units as a result of the proposed
rules. Cost reductions for parents who will no longer be required to put their requests for independent education
evaluations of their children at public expense in writing will be de minimis.
29. Estimate the primary and direct benefits and any secondary or indirect benefits of the proposed rules. Please
provide both quantitative and qualitative information, as well as your assumptions.
The primary and direct benefit of the proposed rules will be to bring the rules into alignment with the requirements of
the IDEA. Under R 340.1721b, the over 900 Michigan school districts will no longer be required to provide an offer
of a FAPE to students who are parentally-placed in nonpublic schools. In the 2022-2023 school year, 5,054 students
receiving special education services were parentally-placed in nonpublic schools in Michigan. Under R 340.1723c,
parents will be allowed to make oral requests for independent educational evaluations at public expense, a practice
that is currently acceptable under federal law and Department of Education guidance. R 340.1733 will allow greater
flexibility for school districts to operate preschool programs in elementary school buildings without having to obtain
a waiver from the Department of Education.
Secondary benefits of the proposed rules will be students with disabilities and students who are being evaluated for
eligibility for special education programs and services. There are approximately 1.4 million public school children in
Michigan. In the 2022-2023 school year, there were 200,591 students enrolled in Michigan public schools who had
individualized education programs who received special education programs and services.
30. Explain how the proposed rules will impact business growth and job creation (or elimination) in Michigan.
The proposed rules will not impact business growth or job creation or elimination in Michigan.
31. Identify any individuals or businesses who will be disproportionately affected by the rules as a result of their
industrial sector, segment of the public, business size, or geographic location.
MCL 24.245(3)