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DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES
DUE PROCESS PROCEDURES FOR SPECIAL EDUCATION HEARINGS
Filed with the Secretary of State on
These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the state office of administrative hearings and rules by sections 1701 and 1703 of 1976 PA 451, MCL 380.1701 and 380.1703, and Executive Order 2005-1, MCL 445.2021)
Draft October 13, 2009
R 340.1883 of the Michigan Administrative Code is amended as follows: R 340.1883 Hearing functions: administration.
Rule 83. (1) The hearing shall be conducted by an administrative law judge who is an attorney licensed to practice law in this state and who is employed by the state office of administrative hearings and rules as a classified employee subject to civil service requirements.
(2) The state office of administrative hearings and rules unit shall provide periodic training to administrative law judges, as needed, regarding the following:
(a) Administrative law and procedures.
(b) Special education law, rules, and regulations.
(c) Needs of students with disabilities.
(d) Diagnostic testing.
(e) Educational testing.
(f) School programming and operations.
(g) Educational accommodations.
(h) Presiding officer ethics, skills, authority, and duties.
(3) The state office of administrative hearings and rules unit shall do all of the following as a part of its responsibility to provide hearings under
R 340.1881: (3)R 340.1724f.(a) Inform the parties to a special education hearing of the availability of mediation.
(b) Inform the parent of any free or low-cost legal and other relevant services available in the area.
(c) Provide the parent with a copy of the procedural safeguards.
(d) Make available to the public and to the parties in any special education hearing a statement of the participants' roles and responsibilities and a description of the hearing process.
(e) Make available to the public a statement of the ethical rules governing the conduct of administrative law judges.
(f) Develop and make available to the parties general statements of matters such as the burden of proof, legal standards or analyses, and the elements of proof necessary to support claims or defenses commonly raised in special education due process hearings.
(g) Assign administrative law judges to individual cases.
(h) Arrange for a location, transcription, and any other services required for a hearing.
(i) Transmit decisions to special education advisory committee with personally identifiable information deleted.
