DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

DECLARATORY RULINGS AND PROMULGATION OF RULES

Filed with the Secretary of State on October 30, 2024

These rules become effective immediately after filing with the secretary of state unless adopted

under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL

24.233, 24.244, and 24.245a. Rules adopted under these sections become effective 7 days after

filing with the secretary of state.

(By authority conferred on the superintendent of public instruction by sections 33 and 63 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.233 and 24.263, and Executive

Reorganization Order No. 1996-6, MCL 388.993)

R 340.1352 and R 340.1353 of the Michigan Administrative Code are amended, and R 340.1354

of the Code is rescinded, as follows:

R 340.1352 Request for declaratory ruling.

Rule 2. (1) An interested person may request that the superintendent issue a declaratory ruling on

how a statute administered by the department or a rule or order of the department applies to an

actual state of facts.

(2) A request for a declaratory ruling must be submitted by email to MDE-

[email protected] or by mail to Office of the Superintendent, Department of

Education, P.O. Box 30008, Lansing, Michigan 48933. The request must contain all of the

following:

(a) A clear and concise statement of the actual state of facts on which a ruling would be based.

(b) A precise statement of the legal question or issue involved.

(d) The signature, address, email address, and telephone number of the person making the

request.

(3) Along with the request, the person may submit a brief of the legal authority on which the

person believes the superintendent should base the declaratory ruling.

(4) The superintendent may require that the person making the request provide a copy of the

request to a person known by the person making the request to have an interest in the matter.

(5) Not more than 60 calendar days after receiving a request for a declaratory ruling, the

superintendent shall notify the person that made the request and interested parties described in this

rule if the request is granted or denied by the superintendent.

(6) If the superintendent denies the request, the superintendent shall send by email or mail a

concise written statement of the reasons for denial to the person that made the request and

interested parties described in this rule.

(7) If the superintendent grants the request, the superintendent shall send by email or mail a

declaratory ruling to the person who made the request and interested parties described in this rule,

which must include all of the following:

October 21, 2024

(a) The actual state of facts on which the superintendent based the ruling.

(b) The conclusions of law and the legal authority on which the superintendent relied for the

ruling.

R 340.1353 Request for promulgation of rule.

Rule 3. (1) A person may request that the department promulgate a rule. A request must contain

all of the following:

(a) The signature, address, email address, and telephone number of the person making the

request.

(b) A citation to the statute under which the department has the authority to promulgate the rule.

(2) A request for the promulgation of a rule must be submitted by email to MDE-

[email protected] or by mail to Office of the Superintendent, Department of

Education, P.O. Box 30008, Lansing, Michigan 48933.

(3) Not more than 90 calendar days after receiving a request that complies with subrule (1) of this

rule, the department shall do 1 of the following:

(a) Both of the following:

(i) Notify the person that made the request by email, mail, or telephone that the department is

granting the request.

(ii) Initiate the processing of a rule.

(b) Send a concise written statement of the principal reasons for denial of the request by email

or mail to the person that made the request.

R 340.1354 Rescinded.