Section 340.1701b. Definitions; I to P.

Rule 1b.  As used in these rules:

(a)        "Instructional services" means  services  provided  by   teaching personnel that are specially designed to meet the unique needs of a student with a disability. These may be provided by any of the following:

(i)     An early childhood special education teacher under R 340.1755.

(ii)     A teacher consultant under R 340.1749.

(iii)     A teacher of the speech and language impaired under R 340.1745.

(iv)     A teacher providing instruction to students with disabilities   who are homebound or hospitalized.

(v)        A teacher providing instruction to students who are  placed   in juvenile detention facilities under R 340.1757.

(b)        "Multidisciplinary evaluation team" means a minimum of 2 persons who are responsible for evaluating a student suspected of having a disability. The team shall include at least 1 special  education  teacher  or  other specialist who has knowledge of the suspected disability.

(c)     "Occupational therapy" means therapy  provided   by  an  occupational therapist or an occupational therapy assistant who provides therapy under the supervision of a licensed occupational therapist. Occupational therapist and occupational therapy assistants are licensed by the state of Michigan under 1978 PA 368, MCL 333.1101 et seq.

(d)    "Parent" means any of the following:

(i)     A biological or adoptive parent of a child.

(ii)      A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent.

(iii)       A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state.

(iv)     An individual acting in the  place  of   a  biological  or  adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is  legally  responsible for  the  child's welfare.

(v)    A surrogate parent who  has  been appointed in accordance with R 340.1725f.

(vi)       Except as provided in paragraph (vii) of this subdivision, the biological or adoptive parent, when attempting to act as the parent under this part and when more than 1 party is qualified under paragraphs (i) to (v) of this subdivision to act as a parent, shall be presumed to be the parent unless the biological or adoptive parent does not have  legal  authority  to make educational decisions for the child.

(vii)       If a judicial decree or order identifies a specific person or persons under paragraphs (i) to (iv) of this subdivision to act as the parent of a child, or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent.

(viii)     The affected student or youth with a disability when the student or youth with a disability reaches 18 years of age, if a legal guardian has not been appointed by appropriate court proceedings.

(e)        "Parent advisory committee" means a committee of parents of students with disabilities of a particular intermediate school district appointed by the board of that district under R 340.1838.

(f)     "Physical therapy" means therapy prescribed by a physician and provided by a therapist who is licensed by the state of Michigan under 1978 PA 368, MCL 333.1101 et seq. or a physical therapy assistant who provides therapy under the supervision of a licensed physical therapist.

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2010 AACS.