Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Education  
2. Bureau:  
Superintendent of Public Instruction  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
School Social Worker Certification Code  
5. Rule numbers or rule set range of numbers:  
R 340.1001 - R 340.1018  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Mary Fielding  
E-mail of person filling out RFR:  
FieldingM@michigan.gov  
Phone number of person filling out RFR:  
517-241-6986  
Address of person filling out RFR:  
608 W. Allegan St., P.O. Box 30008, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
On October 8, 2019, the State Board of Education adopted standards for the preparation and  
practice of school social workers, who provide services to students with disabilities whose  
individualized education programs require social work services. The standards were developed by  
a stakeholder group that included representatives of P-12 schools, educator preparation  
institutions, and professional organizations. The general purpose of the rules is to implement the  
strong recommendation of the stakeholder group that the Department of Education develop a  
school social worker certificate to replace the current “approval” letters issued by the department  
to allow the employment of individuals as school social workers. The proposed rules describe a  
certification process that is similar to the process in place for other professional educators, thus  
formally recognizing the professional status and vital importance of school social workers.  
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 the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The superintendent of public instruction has promulgation authority under sections 1701 and 1703  
of the revised school code, MCL 380.1701 and 380.1703, and Executive Reorganization Order  
1996-7, MCL 388.994.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
Rules regarding intermediate school district special education plans and regarding the  
qualifications of special education personnel, including school social workers, are mandated by  
sections 1701 and 1703(1) of the revised school code, MCL 380.1701 and 380.1703.  
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 proposed rules do not conflict with or duplicate similar rules, compliance requirements, or  
other standards adopted at the state, regional, or federal level.  
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 rules is currently contained in a document entitled “Policy, Criteria, and  
Procedures for School Social Worker Approval” (last updated August 29, 2017), located at the  
following link on the Department of Education’s web site.  
https://www.michigan.gov/documents/mde/School_Social_Worker_Approval_544628_7.pdf  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, the Department of Education’s 2023-2024 annual regulatory plan states that amendments of  
these rules are under consideration.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not exceed similar regulations, compliance requirements, or other standards  
adopted at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The proposed rules implement the strong recommendation of a stakeholder group that the system  
of school social worker “approval” be replaced with a system of certification of school social  
workers. The stakeholder group included school social workers and representatives of educator  
preparation institutions, professional organizations, and Michigan school districts.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The current rules, which were last amended in 2011, do not adequately recognize the complex role  
of school social workers, who are trained mental health professionals who are an integral part of  
the multidisciplinary teams that determine students’ eligibility for special education programs and  
services and who provide special education services to students with disabilities. On October 8,  
2019, the State Board of Education approved new, rigorous standards for the preparation and  
practice of school social workers. The stakeholder group that developed the standards strongly  
recommended that Michigan replace the current process, whereby the Department of Education  
“approves” individuals to work as school social workers, with a process that requires certification  
of school social workers based on satisfaction of specific academic, licensure, and experience  
requirements.  
MCL 24.239  
RFR-Page 3  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, there are no changes or developments since implementation that demonstrate that there is no  
continued need for the rules or any portions thereof.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;