Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 7 - DEVELOPMENT AND SUBMISSION OF INTERMEDIATE SCHOOL DISTRICTS' PLANS AND MONITORING › Section R. 340.1836 - Objections to plan; procedures

Current through Vol. 24-12, July 15, 2024
Rule 136.
(1) Any
				  constituent local school district, a public school academy, or the parent
				  advisory committee may file objections in whole or in part with the
				  intermediate school district to an approved intermediate school district plan
				  or a plan modification that the intermediate school district has submitted to
				  the superintendent of public instruction for approval. Within 7 calendar days,
				  the board of education of the intermediate school district shall send a copy of
				  objections to the plan to the department and to all constituent local school
				  districts, public school academies, and the parent advisory committee by
				  certified mail, return receipt requested. Objections must specify the
				  challenged portions of the intermediate school district plan, contain a
				  specific statement of the reasons for objection, and propose alternative
				  provisions.
(2) The department
				  shall refer objections to the Michigan office of administrative hearings and
				  rules, which shall assign an administrative law judge who shall promptly give
				  reasonable notice of a hearing. The hearing must begin not later than 30
				  calendar days after the department receives the objections. The administrative
				  law judge shall conduct the hearing according to procedures established by the
				  department. After the appointment of the administrative law judge, the
				  objecting party may withdraw the objections if the intermediate school district
				  agrees.
(3) The intermediate school
				  district, a constituent local school district, a public school academy, or the
				  parent advisory committee may file with the department a response to objections
				  before the hearing.
(4) Within 30
				  calendar days after the closing of the hearing, the administrative law judge
				  shall submit to the department findings of fact and conclusions of law and
				  shall recommend to the superintendent of public instruction whether the
				  superintendent of public instruction should approve the intermediate school
				  district plan or modification to the plan as submitted, approve the
				  intermediate school district plan or modification to the plan with other
				  modifications deemed appropriate by the administrative law judge, or grant the
				  objections as submitted. The department shall immediately mail the findings and
				  recommendations to all parties to the intermediate school district plan. Any
				  party may file written exceptions to the findings and recommendations with the
				  superintendent of public instruction within 20 calendar days of receipt of the
				  findings and recommendations and shall provide copies of the exceptions to all
				  other parties. After review of the intermediate school district plan; the
				  objections; the findings of fact, the conclusions of law, and the
				  recommendations of the administrative law judge; and any exceptions, the
				  superintendent of public instruction shall issue a final decision not more than
				  30 calendar days from the date the exceptions were due.