Thomas F. Kendziorski, Esq, President
Sherri Boyd, Executive Director
April 19, 2024
TO: Michigan Department of Education, Office of Special Education
RE: Arc Michigan comments on proposed rule changes, R 340. 1721b, R 340.1723c, and R 340.1733
The Arc Michigan is a statewide organization of over 10,000 members and 28 local chapter affiliates that advocate
with, and on behalf of, citizens with developmental disabilities and their families. We appreciate the opportunity to
comment on the proposed changes to the Michigan Administrative Rules for Special Education.
R 340.1721 Rule 21b. (1) (a) Time lines
We suggest adding wording that if a parent requests an evaluation verbally to the public agency, the public agency
must document the verbal request and issue a written statement to the parent acknowledging the date they received the
request for an evaluation.
We understand that MDE OSE has explained to public agencies that if a parent makes a verbal request for an
evaluation that they must document the request to show compliance with the timelines. Parents are reporting that they
are making verbal requests for evaluations and schools are ignoring the requests. Parents are not receiving written
notice about whether the school will complete the evaluation or the request for the evaluation is being denied.
In addition to the statement acknowledging the parent’s request for an evaluation, the parent should be given written
notice and the timeline for the evaluation process, such as the MDE OSE Guidance Document Initial Evaluation
R 340.1721 Rule 21b (1) (b) Timelines
New language states, “The parent shall provide the public agency with written parental consent to provide initial
special education programs and services within 10 school days of receipt of notice of an initial offer of a free
appropriate public education”. This suggests that a parent must give their consent to the initial IEP. Federal law states
that a parent can refuse to give consent for an initial IEP and the school district cannot use mediation or due process
procedures to obtain a ruling or agreement that the initial IEP services be provided. 34 CFR 300.300(b)
We suggest adding wording that states the initial IEP cannot be implemented without informed, voluntary parental
consent. 34 CFR 300.9
Thank you for considering these comments. Please contact The Arc Michigan if you have any questions.
Sincerely,
Sherri Boyd, Executive Director, The Arc Michigan
Michelle Driscoll, Chair, Education Committee, The Arc Michigan
