RFR-Page 2
R 340.1746 addresses services for homebound and hospitalized students with disabilities. The
State School Aid Act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, sets forth the
requirements for districts and intermediate districts to receive state aid based on pupil
membership. Section 109 of the act, MCL 388.1709, addresses the membership of homebound
and hospitalized pupils.
Promulgation of R 340.1746 preceded the effective date of the State School Aid Act and the rule
does not align with MCL 388.1709 in several ways. For example, the rule allows any licensed
physician, not just the pupil’s attending physician as required by the statute, to provide the
verification that triggers the obligation to provide homebound and hospitalized services; the rule
imposes a 15-school-day timeline for homebound services that is not in the statute; the rule omits
the statutory requirement related to an anticipated 5-school-day confinement at home or
hospitalization; the rule does not address verification in the event of a pupil’s hospitalization; the
rule’s requirement that hospitalized services be provided when “medically feasible” omits the
statutory 3-school-day requirement of MCL 388.1709(2).
Subdivision (e) of the rule is unnecessary as its content is addressed in MCL 388.1709(1).
The disconnect between the rule and the statute has created confusion and has raised concerns
among stakeholders about ensuring that homebound and hospitalized students with disabilities
receive services as described in the statute and as required by the Individuals with Disabilities
Education Act, 42 USC 1400 et seq.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
The superintendent of public instruction has specific promulgation authority for this rule.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
The superintendent of public instruction has promulgation authority for this rule 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.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
MCL 380.1701 and 380.1703 mandate rules related to special education programs and services.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rule currently is out of alignment with and, in some respects, duplicates section 109 of the
State School Aid Act of 1979, 1979 PA 94, MCL 388.1709.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter of the rule is the obligation of a district or intermediate district to provide
services to homebound and hospitalized students with disabilities. The requirements for counting
homebound and hospitalized pupils in membership for purposes of state aid are contained in the
Department of Education’s 2021-2022 Pupil Accounting Manual. See 2021-22 Pupil Accounting
Manual (michigan.gov). The requirements for such services are also set forth in the document that
is mandated by MCL 388.1709(3). See Providing Homebound and Hospitalized Educational
Services for Michigan Public School Pupils.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
MCL 24.239