DEPARTMENT OF EDUCATION  
SUPERINTENDENT OF PUBLIC INSTRUCTION  
SPECIAL EDUCATION PROGRAMS AND SERVICES  
Filed with the secretary of state on June 21, 2021  
These rules take effect immediately upon filing with the secretary of state unless adopted  
under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA  
306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become  
effective 7 days after filing with the secretary of state.  
(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)  
R 340.1708 and R 340.1721e of the Michigan Administrative Code are amended, as  
follows:  
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.  
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:  
April 16, 2021  
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(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.  
(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  
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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.  
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