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DEPARTMENT OF EDUCATION SUPERINTENDENT OF PUBLIC INSTRUCTION SPECIAL EDUCATION PROGRAMS AND SERVICES
Filed with the Secretary of State on October 18, 2011
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 the authority conferred on the superintendent of public instruction by sections 1701 and 1703 of 1976 PA 451, MCL 380.1701 and MCL 380.1703, and Executive Reorganization Order Nos. 1996-6
and 1996-7, MCL 388.993 and MCL 388.994)
R 340.1721, R 340.1721a, R 340.1721b, R 340.1721e, R 340.1722, R 340.1749, R 340.1795,
R 340.1797, R 340.1798, and R 340.1799b, of the Michigan Administrative Code are amended; R 340.1748a and R 340.1862 are added, and R 340.1721c, R 340.1721d, R 340.1722a, and R 340.1722e
are rescinded from the Code as follows.
PART 2
INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES
R 340.1721 Request for initial evaluation.
Rule 21. Within 10 school days of receipt of a written request for an initial evaluation of a student suspected of having a disability, and before any formal evaluation designed to determine eligibility for special education programs and services, the public agency shall provide the parent with written notice consistent with 34 CFR § 300.503 and shall request written consent to evaluate.
R 340.1721a Initial evaluation.
Rule 21a. (1) Each student suspected of having a disability shall be evaluated by a multidisciplinary evaluation team as defined in R 340.1701b(b). In addition to the requirements in R 340.1705 to R 340.1717, the multidisciplinary evaluation team shall do all of the following:
(a) Complete a full and individual evaluation.
(b) Make a recommendation of eligibility and prepare a written report to be presented to the individualized education program team by the designated multidisciplinary evaluation team member who can explain the instructional implication of evaluation results. The report shall include information needed by the individualized education program team to determine all of the following:
(i) Eligibility.
(ii) A student's present level of academic achievement and functional performance.
(iii) The educational needs of the student.
(2) Special education personnel who are authorized to conduct evaluations of students suspected of having a disability may provide consultation to general education personnel.
R 340.1721b Time lines.
Rule 21b. (1) Within 10 school days of receipt of a written request for any evaluation, the public agency shall provide the parent with written notice consistent with 34 CFR § 300.503 and shall request written parental consent to evaluate. The time from receipt of parental consent for an evaluation to the notice of an offer of a free appropriate public education or the determination of ineligibility shall not be more than 30 school days. This time line begins upon receipt of the signed parental consent by the public agency requesting the consent. This time line may be extended if agreed to by the parent and public agency. Any extension to this time line shall be both of the following:
(a) In writing.
(b) Measured in school days.
(2) The parent has 10 school days after receipt of the notice of an initial offer of a free appropriate public education to provide the public agency with written parental consent to provide initial special education programs and services.
(3) Within 7 school days from the date of the individualized education program team meeting, the public agency shall provide the parent with the notice of an offer of a free appropriate public education or determination of ineligibility. The public agency shall document mode and date of delivery. The notice shall identify where the programs and services are to be provided and when the individualized education program begins.
(4) Unless a parent has filed an appeal under R 340.1724f, the superintendent or designee shall initiate a proposed special education individualized education program as soon as possible and not more than 15 school days after the parent’s receipt of written notification under R 340.1721b(3), or not more than 15 school days after receipt of written parental consent under R 340.1721b(2). The parties may agree to a later initiation date if the later date is clearly identified in the individualized education program. An initiation date later than 15 school days shall not be used to deny or delay programs or services because they are unavailable and shall not be used for purposes of administrative convenience.
(5) For students with an individualized education program in effect at a previous public agency who transfer public agencies within the same school year, the new public agency shall immediately provide a free appropriate public education. A decision regarding implementation of an individualized education program in accordance with 34 CFR § 300.323 shall be made within 30 school days of enrollment.
R 340.1721c Rescinded. R 340.1721d Rescinded.
R 340.1721e Individualized education program.
Rule 21e. (1) An individualized education program shall be developed in accordance with 34 CFR part 300 and shall include all of the following in writing:
(a) A statement of measurable annual goals, including measurable short-term objectives.
(b) A statement documenting that extended school year services were considered.
(2) In considering extended school year services, the individualized education program team shall do all of the following:
(a) 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 indicates 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 the data or information in any of subrule (3)(a)(i) to (iii) of this rule indicate a need for extended school year services, then extended school year services shall be included in the student's individualized education program.
(c) Determination of the need for extended school year services shall not be based on a formula or policy that prohibits full consideration of the unique educational needs of each student.
(d) Related services, transportation, supplementary aids and services, and instructional programming shall be considered when planning a student's extended school year services.
(e) Consideration of extended school year services shall be accomplished 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 in accordance with 34 CFR part 300. The individualized education program shall not be restricted to the programs and services available.
(5) The Michigan school for the deaf shall be considered 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 into the Michigan school for the deaf. Representatives of the intermediate school district of residence and the Michigan school for the deaf shall be invited to participate in the individualized education program team meeting. The state board of education shall adopt procedures for placement at the Michigan school for the deaf.
(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) Upon request of the parent, a representative of the school district of residence shall be invited to attend the individualized education program team meeting if the district of residence has authorized the operating district to conduct each subsequent individualized education program team meeting.
R 340.1722 District responsibilities.
Rule 22. (1) The superintendent or his or her designee shall appoint a staff person to be responsible for the implementation of the individualized education program, including services provided by other agencies. The staff person shall be either the principal of the building where the primary educational program is provided to the student with an individualized education program or another staff person who is generally accessible to the staff and who will be working with the student.
(2) Each public agency shall provide special education and related services to a student in accordance with the student's individualized education program.
R 340.1722a Rescinded.
R 340.1722e Rescinded.
R 340.1748a Teacher consultant without a student caseload assignment; evaluation and consultation assignment; responsibilities.
Rule 48a. (1) The teacher consultant for special education with an evaluation and consultation assignment shall do either or both of the following:
(a) Provide consultation to education personnel on behalf of students with disabilities.
(b) Evaluate students.
(2) The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously.
R 340.1749 Teacher consultant with a student caseload; responsibilities.
Rule 49. (1) The teacher consultant for special education with a student caseload shall do 1 or more of the following:
(a) Provide instructional services to students receiving instruction in special education programs. Instructional services are supportive of the special education teacher. A teacher consultant shall not grade, give credit for, or teach a general education or a special education subject, class, or course.
(b) Provide instructional services to a student with a disability in a general education classroom. Instructional services are supportive of the general education teacher. The teacher consultant shall not grade, give credit for, or teach a general education subject, class, or course.
(c) Provide consultation to education personnel on behalf of students with disabilities on the consultant's caseload.
(d) Evaluate students suspected of being a student with a disability.
(2) The teacher consultant shall carry an active caseload of not more than 25 students with disabilities. All students served under this rule shall be counted as part of the caseload. In establishing the caseload, consideration shall be given to time for all of the following:
(a) Instructional services.
(b) Evaluation.
(c) Consultation with special and general education personnel.
(d) Report writing.
(e) Travel.
(3) The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously.
R 340.1795 Early childhood special education teachers; special requirements.
Rule 95. (1) An early childhood special education teacher for young children with disabilities or developmental delay shall possess any of the following:
(a) An endorsement in both early childhood and special education.
(b) A major or minor in early childhood growth education or child growth and development and a special education endorsement with a full approval from the department of education.
(c) An endorsement with a designation of ZS (early childhood general and special education).
(2) A teacher who has received full approval as a teacher of preprimary age impaired students shall be deemed to have full approval as an early childhood special education teacher, if the teacher possesses a valid Michigan teaching certificate.
R 340.1797 Teachers of students requiring adapted physical education; special requirements.
Rule 97. A teacher of students requiring adapted physical education shall possess a valid Michigan teaching certificate with an endorsement in physical education, special education, or both, and shall complete all of the following:
(a) A minimum of 20 semester hours or equivalent hours in courses leading to the acquisition of all of the following competencies:
(i) Knowledge of the causes of various disabilities and the effects of those conditions on learning.
(ii) Ability to assess physical education skills of individuals exhibiting various disabilities.
(iii) Ability to use community and staff resources and collaborate with personnel within the education environment.
(iv) Knowledge of measurement and evaluation, including standardized and nonstandardized assessments and functional behavior analysis.
(v) Understand major components of federal and state legislation relating to physical education.
(vi) Knowledge of the unique characteristics and implications of psychomotor, cognitive, and affective attributes of all learners.
(vii) Ability to write in behavioral terms and assess cognitive, affective, and psychomotor instructional objectives for physical education for students requiring adapted physical education.
(viii) Knowledge of motor characteristics, motor behaviors, motor control, and motor development sequences associated with various disabilities in relationship to typical motor development.
(ix) Knowledge of anatomy, kinesiology, exercise science, biomechanics, and neurology that pertains to normal and abnormal motor control and sensory motor integration for teaching physical education to students with disabilities.
(x) Ability to adapt teaching methods, materials, and techniques to meet the needs of students with disabilities specific to health-related fitness, gymnasium and field use, fundamental motor skills and patterns, aquatic skills, dance, individual and group games, and lifetime sports skills for the needs of students with disabilities so that the individual can ultimately participate in community-based leisure, recreation, and sport activities.
(xi) Ability to analyze, adapt, and implement physical education curriculum in providing appropriate programs for a variety of disabilities.
(xii) Understand history and philosophy of physical education, recreation, and sports in terms of trends in education of individuals with disabilities.
(xiii) Understand curriculum theory, curriculum development, movement education, fitness, developmental activity-based curriculum, human, and social development.
(xiv) Utilize instructional design and planning focusing on systematic curriculum development and the spectrum of teaching styles for the purpose of promoting learning.
(xv) Create and implement physical activity lessons with special emphasis on personal adjustment in respect to assistive devices and mobility devices for the purpose of creating successful learning opportunities.
(xvi) Utilize technology applications in the preparation of lessons and within lessons, as well as using technology as professional development.
(xvii) Understand the value of program evaluation measuring student performance and the importance of monitoring the quality of program operations.
(xviii) Understand professional standards such as ethics, value appropriate professional conduct, and the need to advance the knowledge base and the profession.
(b) A directed field experience of not less than 60 clock hours teaching adapted physical education in a school setting to students with disabilities.
(c) As of the effective date of these rules, a teacher who has previously received full approval as a teacher of physical education for individuals with disabilities, or teaching of physical education for students with disabilities, shall be deemed to have full approval as a teacher of physical education for students requiring adapted physical education, if the teacher possesses a valid Michigan teaching certificate.
(d) As of the effective date of these rules, a teacher who is a certified adapted physical educator accredited through the adapted physical education national standards process, shall be deemed to be
qualified as a teacher of physical education for students requiring adapted physical education, if the teacher possesses a valid Michigan teaching certificate.
R 340.1798 Teachers of students requiring adapted physical education; role.
Rule 98. Teachers of students requiring adapted physical education may do any of the following:
(a) Provide adapted physical education instruction to students with disabilities whose disabilities preclude integration into general physical education classes without supports or modifications.
(b) Assess students for the purpose of providing adapted physical education.
(c) Provide supportive services in general physical education and consultative services to general physical education teachers.
R 340.1799b Teachers of students with visual impairment; special requirements.
Rule 99b. The teacher education program for teachers of students with visual impairment shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:
(a) Understand and apply knowledge of the foundations for the education of students with visual impairments, including unique characteristics and needs, as well as ethical considerations relating to students' education.
(b) Research and understand legislation and policies which impact identification, educational continuum, placement, service delivery, and outcomes.
(c) Knowledge of normal development of the visual system, structure and function of the eye, diseases and disorders of the eye, and their educational implications.
(d) Understand the effects of a visual impairment on early development in the following areas:
(i) Cognition.
(ii) Self-help.
(iii) Language.
(iv) Motor skills.
(v) Social emotional interactions.
(e) Interpret eye reports and other vision-related diagnostic information.
(f) ) Proficiency in the use and transcription of the literary braille and nemeth code using a braillewriter and slate and stylus.
(g) Instructional strategies for teaching braille and early literacy skills.
(h) Techniques for production of tactile graphics and instruction of tactile perceptual skills.
(i) Instructional strategies for teaching communication skills, including adapting materials for students with visual and unique educational needs.
(j) Understand and apply knowledge of formal and informal assessments and evaluations; use resulting data and other information to make service and programming recommendations; participate in the development of students' individualized education programs and individualized family service plans.
(k) Use data to identify individualized instructional strategies that enhance learning for students with visual impairments through modification of the environment, adaptation of materials, and the use of disability-specific methodologies and technologies.
(l) Systematic instruction in sensory perceptual skills including, but not limited to, visual, tactile, and auditory skills.
(m) ) Utilize and integrate appropriate technologies to access the general education curriculum content.
(n) Teach students to use a variety of adaptive, augmentative, and assistive technologies to facilitate their own learning in the content areas.
(o) Promote students' development and concepts of social and independent living skills.
(p) Knowledge of the role and function of a certified orientation and mobility specialist.
(q) Prepare students to respond to societal attitudes and actions with positive behavior and self- determination leading to self-advocacy.
(r) Collaborate with parents and service providers in educational, public, and private agencies to support students with visual impairments. Facilitate transitions across all environments.
(s) The 30 semester or equivalent hours shall be distributed to prioritize preparation, including pre- student teaching field experiences in assessing, teaching, and modifying instruction related to subdivisions (a) to (r) of this subrule for students with a visual impairment.
PART 10.
BIRTH TO THREE
R 340.1862 Individualized family service plan; time lines; eligibility.
Rule 162. (1) Eligibility for Michigan special education services for all children birth to age 3 shall be determined by and documented in an individualized family service plan.
(2) Evaluations conducted to determine eligibility for Michigan special education services shall meet the requirements of 34 CFR part 303 and R 340.1705 to R 340.1717.
(3) Determination of eligibility for Michigan special education services, for a child birth to 3 who does not have a current individualized family service plan, shall follow all time lines and requirements pursuant to 34 CFR part 303.
(4) Evaluations conducted to determine eligibility for Michigan special education services for a child birth to 3 who has a current individualized family service plan shall be completed within 45 calendar days counted from the date of receipt of parental consent for a special education evaluation. The following time lines apply:
(a) Upon receipt of the parental consent for a special education evaluation, the service area Early On® coordinator shall, within 3 calendar days, forward the parental consent to the district responsible for the evaluation.
(b) The 45 calendar day time line to complete the special education evaluation is counted from the date the district responsible for the evaluation receives the parental consent to evaluate for special education eligibility.
