Section 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.

(c)    For children age 3 through 5, a statement of the child’s socialization needs and ability to participate and progress in developmentally appropriate activities.

(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 (2)(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.

(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.

History:  1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2009 AACS; 2011 AACS;