reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1163 - Functions of the school nurse

Current through Vol. 24-12, July 15, 2024
Rule 3. A school nurse shall:
(a) Assess and evaluate the health and
				development status of students through nursing diagnosis and the use of
				appropriate evaluative techniques.
(b) Interpret nursing assessments of medical
				evaluations to the students, their parents and school personnel and provide an
				understanding of implications for the educational performance of students,
				while recognizing and maintaining the confidential nature of the
				information.
(c) Plan a course of
				action and assist students, their parents and school personnel in assuming
				proper roles for eliminating, minimizing, preventing, or understanding the
				health problems which interfere with effective learning by the
				student.
(d) Recommend to parents
				and appropriate school personnel modifications in the educational program as
				indicated by the health and developmental status of students.
(e) Stimulate incorporation of health
				education in the school curriculum by serving on curriculum committees, serving
				as a consultant and resource person or participating in teacher-parent
				education programs.
(f) Serve as
				intermediary between the school and the home, private physician, and health and
				social agencies regarding the health status of students and their needs for
				consideration in future community health planning.
(g) Assist students and their families to
				obtain optimum health and well-being by stimulating behavior change through the
				educative process, including individual or group counseling.
(h) Interpret health information when serving
				as a member of a special education placement committee or other programs in
				which health information is desirable.
(i) Plan and provide inservice education, in
				cooperation with other appropriate personnel, for school personnel regarding
				health observations, referral systems and first aid and emergency care
				procedures.
(j) Identify and
				recommend students for placement in special programs, initiate referrals for
				supplemental testing when health information or developmental history
				indicates, and refer students to appropriate personnel when
				necessary.
(k) Assume leadership in
				the development and revision of written first aid and emergency care
				policies.
(l) Recommend and
				implement school policies to comply with established health laws, and make
				specific recommendations to students and school personnel regarding
				immunizations and communicable diseases.
(m) Cooperate with the administration and
				staff in establishing school health program policies and procedures in order
				that professional skills and knowledge may be used effectively in working with
				students, teachers, and parents.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1164 - Competencies of school nurse

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A school
				nurse shall demonstrate:
(a) Ability to apply
				principles of education and learning theory in the identification of health
				status of students and the solution of health problems.
(b) Ability to recognize health factors which
				create obstacles and handicaps for exceptional students.
(c) Ability to function effectively in
				inservice health education for school personnel.
(d) Knowledge of curriculum development to
				participate effectively on health related curriculum committees.
(e) Ability to apply principles of human
				growth and development and to recognize variations within normal range
				significant to the education of the student.
(f) Ability to define and demonstrate the
				clinical and technical role of the professional nurse in the school health
				program.
(g) Ability to develop
				cooperatively with other school and health related professionals, a
				comprehensive school health program coordinating school and community resources
				to serve effectively the health needs of the school population.
(h) Ability to identify the health needs of
				students and understand the influence of the family, society and culture on the
				student's ability to cope with school health problems.
(i) Ability to assist students, their
				families and school personnel in recognizing potential and current health needs
				and in the development of plans for utilizing available resources to meet these
				needs.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1165 - Continuing education of school nurse

Current through Vol. 24-12, July 15, 2024
Rule 5. A school nurse shall submit evidence of continuing
				  attainment of theoretical and practical knowledge in the following areas to
				  qualify for a higher level of school nurse certification, as required in
				  R
				  340.1167 to
				  R
				  340.1169.
(a)
				Human growth and development.
(b)
				Community health problems and resources.
(c) School health problems.
(d) Special problems of exceptional
				children.
(e) Analysis of family
				health and social problems.
(f)
				Communication arts.
(g)
				Organization and administration of the school health program, including
				necessary skills or understanding of curriculum development.
(h) Learning theory.
(i) Guidance and counseling.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1166 - School nurse certification criteria

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) An
				application for school nurse certification shall be directed to the department
				of education on a form supplied or approved by the department.
(2) Credits beyond those required for a
				registered nurse, to be applied toward certification as a school nurse, shall
				be earned through an approved teacher education or nursing education
				institution program or accepted by the institution in transfer. The state board
				of education shall determine the acceptability of credits leading toward
				programs approved by it.
(3) A
				registered nurse with a currently valid license issued by the state board of
				nursing employed as a school nurse by an employing school district for a period
				of not less than 1 school year prior to June 30, 1975, and whose experience is
				successful as determined by the state board of education upon the
				recommendation of the employing school district, is eligible for a professional
				school nurse certificate. Application under this subrule shall be made prior to
				June 30, 1977.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1167 - Interim school nurse certificate

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				interim school nurse certificate may be issued, after July 1, 1975, upon
				request of the employing school district to an applicant who holds a currently
				valid Michigan license as a registered nurse.
(2) An interim school nurse certificate is
				valid for 2 years and may be renewed for 1 additional 2-year period upon
				request of the employing school district and submission of evidence of the
				completion of 8 semester hours of course work in a program planned to fulfill
				the requirements specified in
				R
				340.1165.
(3) This rule is in effect as long as the
				applicant holds a currently valid Michigan license as a registered
				nurse.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1168 - Standard school nurse certificate

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				standard school nurse certificate may be issued, after July 1, 1975, upon
				request of the employing school district to an applicant who holds a currently
				valid Michigan license as a registered nurse and presents evidence of
				completion of the following requirements:
(a)
				Two years of work experience in public health or school nursing
				practice.
(b) Fifteen semester
				hours of work in areas of theoretical and practical knowledge as outlined in
				R
				340.1165.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Certification of School Nurses › Section R. 340.1169 - Professional school nurse certificate

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				professional school nurse certificate may be issued, after July 1, 1975, to an
				applicant who holds a currently valid Michigan license as a registered nurse
				and presents evidence of completion of the following requirements:
(a) Three years of successful experience as a
				school nurse as determined by the state board of education upon recommendation
				of the employing school district.
(b) A baccalaureate degree in nursing or a
				health-related field.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Eye Protection Devices

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF EDUCATION
STATE BOARD OF EDUCATION
EYE PROTECTION DEVICES
By authority conferred on the state board of education by
				  section 585a of Act No. 269 of the Public Acts of 1955, as added, being
				  S340.585a of the Michigan Compiled
				  Laws
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Declaratory Rulings, Promulgation of Rules, and Information Requests › Section R. 340.1351 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Department" means the department of
				education.
(b) "Person" means an
				individual, partnership, association, corporation, limited liability company,
				limited liability partnership, governmental subdivision, or public or private
				organization of any kind other than the department.
(c) "Superintendent" means the superintendent
				of public instruction as set forth in section 3 of article VIII of the state
				constitution of 1963.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Declaratory Rulings, Promulgation of Rules, and Information Requests › Section R. 340.1352 - Request for declaratory ruling

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				interested person may request that the superintendent issue a declaratory
				ruling on how a statute that is administered by the department or a rule or
				order of the department applies to an actual state of facts.
(2) A request for a declaratory ruling shall
				be submitted to the Office of the Superintendent, Department of Education, P.O.
				Box 30008, Lansing, Michigan 48909. A request shall contain all of the
				following information:
(a) A clear and concise
				statement of the actual state of facts upon which a ruling will be
				based.
(b) A precise statement of
				the legal question or issue involved.
(c) The legal authority given to the
				department or the superintendent for administering the statute, rule, or
				order.
(d) The signature of the
				interested person making the request.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Declaratory Rulings, Promulgation of Rules, and Information Requests › Section R. 340.1353 - Request for promulgation of rule

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Any
				person may request the department to promulgate a rule. A request shall contain
				all of the following information:
(a) The
				signature, address, and telephone number of the person making the
				request.
(b) A citation to the
				statute under which the department has the authority to promulgate the
				rule.
(c) The reason for the
				request.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Declaratory Rulings, Promulgation of Rules, and Information Requests › Section R. 340.1354 - Writings, documents, and other informational materials

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				department shall make information concerning its activities and services
				available to the public.
(2) A
				person shall request writings, documents, and other informational materials
				from the department pursuant to the freedom of information act, 1976 PA 442,
				MCL 15.231 to 15.246, and the departments procedures and guidelines published
				under that act.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1701 - Assurance of compliance

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) All
				  public agencies in the state, as those agencies are defined in
				  34
				  CFR 300.33 (2019), shall comply with these
				  rules and with all of the following, which these rules adopt by reference:
(a) All provisions of the state's application
				  for federal funds under part B and part C of the Individuals with Disabilities
				  Education Act,
				  20
				  USC 1411 to
				  1419 and
				  1431 to
				  1444.
(b) The requirements of part B and part C of
				  the Individuals with Disabilities Education Act,
				  20
				  USC 1411 to
				  1419 and
				  1431 to
				  1444.
(c) The regulations implementing the
				  Individuals with Disabilities Education Act,
				  20 USC
				  1400
et seq
., 34 CFR Part
				  300 (2019) and 34 CFR Part 303 (2019).
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1701a - Definitions; A to E

Current through Vol. 24-12, July 15, 2024
Rule 1a. As used in these rules:
(a) "Adaptive behavior" means a student's
				  ability to perform the social roles appropriate for a person of his or her age
				  and gender in a manner that meets the expectations of home, culture, school,
				  neighborhood, and other relevant groups in which he or she
				  participates.
(b) "Agency" means a
				  public or private entity or organization, including a local school district, a
				  public school academy, an intermediate school district, the department, and any
				  other political subdivision of the state that is responsible for providing
				  education or services to students with disabilities.
(c) "Complaint" means a written and signed
				  allegation by an individual or organization, including the factual basis of the
				  allegation, that there is a violation of any of the following:
(i) Any current provision of these
				  rules.
(ii) The revised school
				  code, 1976 PA 451, MCL 380.1 to 380.1852, as it pertains to special education
				  programs and services.
(iii) The
				  Individuals with Disabilities Education Act,
				  20 USC
				  1400
et seq
., and the
				  regulations implementing the act, 34 CFR Part 300 (2019) and 34 CFR Part 303
				  (2019).
(iv) An intermediate school
				  district plan.
(v) An
				  individualized education program team report, administrative law judge
				  decision, or court decision regarding special education programs or
				  services.
(vi) The state
				  application for federal funds under the Individuals with Disabilities Education
				  Act,
				  20 USC
				  1400
et seq
.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1701b - Definitions; I to P

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1701c - Definitions; R to Y

Current through Vol. 24-12, July 15, 2024
Rule 1c. As used in these rules:
(a) "Related services" means services defined
				  at
				  34 C.F.R.
				  §300.34 and ancillary services as
				  defined in 1976 PA 451, MCL 380.1 et seq., which is available for public review
				  at the department and at intermediate school districts.
(b) "Services" means instructional or related
				  services as defined in these rules.
(c) "Special education" means specially
				  designed instruction, at no cost to the parents, to meet the unique educational
				  needs of the student with a disability and to develop the student's maximum
				  potential. Special education includes instructional services defined in
				  R
				  340.1701b(a) and related
				  services.
(d) "Youth placed in a
				  juvenile detention facility" means a student who is placed by the court in a
				  detention facility for juvenile delinquents and who is not attending a regular
				  school program due to court order.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1702 - "Student with a disability" defined

Current through Vol. 24-12, July 15, 2024
Rule 2. "Student with a disability" means a person who has
					 been evaluated according to the individuals with disabilities education act and
					 these rules, and is determined by an individualized education program team, an
					 individualized family service plan team, or an administrative law judge to have
					 1 or more of the impairments specified in this part that necessitates special
					 education or related services, or both, who is not more than 25 years of age as
					 of September 1 of the school year of enrollment, and who has not graduated from
					 high school. A student who reaches the age of 26 years after September 1 is a
					 "student with a disability" and entitled to continue a special education
					 program or service until the end of that school year.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1705 - Cognitive impairment; determination

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1)
				  Cognitive impairment shall be manifested during the developmental period and be
				  determined through the demonstration of all of the following behavioral
				  characteristics:
(a) Development at a rate at
				  or below approximately 2 standard deviations below the mean as determined
				  through intellectual assessment.
(b) Scores approximately within the lowest 6
				  percentiles on a standardized test in reading and arithmetic. This requirement
				  will not apply if the student is not of an age, grade, or mental age
				  appropriate for formal or standardized achievement tests.
(c) Lack of development primarily in the
				  cognitive domain.
(d) Impairment of
				  adaptive behavior.
(e) Adversely
				  affects a student's educational performance.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1706 - Emotional impairment; determination; evaluation report

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				  Emotional impairment shall be determined through manifestation of behavioral
				  problems primarily in the affective domain, over an extended period of time,
				  which adversely affect the student's education to the extent that the student
				  cannot profit from learning experiences without special education support. The
				  problems result in behaviors manifested by 1 or more of the following
				  characteristics:
(a) Inability to build or
				  maintain satisfactory interpersonal relationships within the school
				  environment.
(b) Inappropriate
				  types of behavior or feelings under normal circumstances.
(c) General pervasive mood of unhappiness or
				  depression.
(d) Tendency to develop
				  physical symptoms or fears associated with personal or school
				  problems.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1707 - Deaf or hard of hearing

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				  term "deaf or hard of hearing" refers to students with any type or degree of
				  hearing loss that interferes with development or adversely affects educational
				  performance. "Deafness" means a hearing loss that is so severe that the student
				  is impaired in processing linguistic information through hearing, with or
				  without amplification. The term "hard of hearing" refers to students who have
				  permanent or fluctuating hearing loss that is less severe than the hearing loss
				  of students who are deaf and that generally permits the use of the auditory
				  channel as the primary means of developing speech and language
				  skills.
(2) A determination of
				  impairment must be based upon a full and individual evaluation by a
				  multidisciplinary evaluation team, which shall include an audiologist and an
				  otolaryngologist or otologist.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1708 - Visual impairment including blindness definition; determination

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1)
				  "Visual impairment including blindness" means an impairment in vision that,
				  even with correction, adversely affects a child's educational performance. The
				  term includes partial sight, blindness, and a progressively deteriorating eye
				  condition.
(2) A determination of
				  eligibility must be based on a full and individual evaluation by a
				  multidisciplinary evaluation team, which must include all of the following:
(a) An eye report by an ophthalmologist or
				  optometrist or a medical evaluation by a physician as that term is defined in
				  article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
				  333.18838.
(b) A functional vision
				  assessment by a teacher of students with visual impairment.
(c) A learning media assessment by a teacher
				  of students with visual impairment.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1709 - "Physical impairment" defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1)
				  "Physical impairment" means severe orthopedic impairment that adversely affects
				  a student's educational performance.
(2) A determination of disability shall be
				  based upon a full and individual evaluation by a multidisciplinary evaluation
				  team, which shall include assessment data from 1 of the following persons:
(a) An orthopedic surgeon.
(b) An internist.
(c) A neurologist.
(d) A pediatrician.
(e) A family physician or any other approved
				  physician as defined in 1978 PA 368, MCL 333.1101 et seq.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1709a - "Other health impairment" defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 9a.
(1)
				  "Other health impairment" means having limited strength, vitality, or
				  alertness, including a heightened alertness to environmental stimuli, which
				  results in limited alertness with respect to the educational environment and to
				  which both of the following provisions apply:
(a) Is due to chronic or acute health
				  problems such as any of the following:
(i)
				  Asthma.
(ii) Attention deficit
				  disorder.
(iii) Attention deficit
				  hyperactivity disorder.
(iv)
				  Diabetes.
(v) Epilepsy.
(vi) A heart condition.
(vii) Hemophilia.
(viii) Lead poisoning.
(ix) Leukemia.
(x) Nephritis.
(xi) Rheumatic fever.
(xii) Sickle cell anemia.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1710 - "Speech and language impairment" defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				  "speech and language impairment" means a communication disorder that adversely
				  affects educational performance, such as a language impairment, articulation
				  impairment, fluency impairment, or voice impairment.
(2) A communication disorder shall be
				  determined through the manifestation of 1 or more of the following speech and
				  language impairments that adversely affects educational performance:
(a) A language impairment which interferes
				  with the student's ability to understand and use language effectively and which
				  includes 1 or more of the following:
(i)
				  Phonology.
(ii)
				  Morphology.
(iii) Syntax.
(iv) Semantics.
(v) Pragmatics.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1711 - "Early childhood developmental delay" defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				  "Early childhood developmental delay" means a child through 7 years of age
				  whose primary delay cannot be differentiated through existing criteria within
				  R
				  340.1705 to
				  R 340.1710 or
				  R 340.1713 to
				  R 340.1716 and who manifests a delay
				  in 1 or more areas of development equal to or greater than 1/2 of the expected
				  development. This definition does not preclude identification of a child
				  through existing criteria within
				  R
				  340.1705 to
				  R 340.1710 or
				  R 340.1713 to
				  R 340.1716.
(2) A determination of early childhood
				  developmental delay shall be based upon a full and individual evaluation by a
				  multidisciplinary evaluation team.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1713 - Specific learning disability defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1)
				  "Specific learning disability" means a disorder in 1 or more of the basic
				  psychological processes involved in understanding or in using language, spoken
				  or written, that may manifest itself in the imperfect ability to listen, think,
				  speak, read, write, spell, or to do mathematical calculations, including
				  conditions such as perceptual disabilities, brain injury, minimal brain
				  dysfunction, dyslexia, and developmental aphasia. Specific learning disability
				  does not include learning problems that are primarily the result of visual,
				  hearing, or motor disabilities, of cognitive impairment, of emotional
				  impairment, of autism spectrum disorder, or of environmental, cultural, or
				  economic disadvantage.
(2) In
				  determining whether a student has a learning disability, the state shall:
(a) Not require the use of a severe
				  discrepancy between intellectual ability and achievement.
(b) Permit the use of a process based on the
				  child's response to scientific, research-based intervention.
(c) Permit the use of other alternative
				  research-based procedures.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1714 - Severe multiple impairment; determination

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
				  Students with severe multiple impairments shall be determined through the
				  manifestation of either of the following:
(a)
				  Development at a rate of 2 to 3 standard deviations below the mean and 2 or
				  more of the following conditions:
(i) A
				  hearing impairment so severe that the auditory channel is not the primary means
				  of developing speech and language skills.
(ii) A visual impairment so severe that the
				  visual channel is not sufficient to guide independent mobility.
(iii) A physical impairment so severe that
				  activities of daily living cannot be achieved without assistance.
(iv) A health impairment so severe that the
				  student is medically at risk.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1715 - Autism spectrum disorder defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1)
				  Autism spectrum disorder is considered a lifelong developmental disability that
				  adversely affects a student's educational performance in 1 or more of the
				  following performance areas:
(a)
				  Academic.
(b) Behavioral.
(c) Social.
Autism spectrum disorder is typically manifested before 36
					 months of age. A child who first manifests the characteristics after age 3 may
					 also meet criteria. Autism spectrum disorder is characterized by qualitative
					 impairments in reciprocal social interactions, qualitative impairments in
					 communication, and restricted range of interests/repetitive behavior.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1716 - "Traumatic brain injury" defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1)
				  "Traumatic brain injury" means an acquired injury to the brain which is caused
				  by an external physical force and which results in total or partial functional
				  disability or psychosocial impairment, or both, that adversely affects a
				  student's educational performance. The term applies to open or closed head
				  injuries resulting in impairment in 1 or more of the following areas:
(a) Cognition.
(b) Language.
(c) Memory.
(d) Attention.
(e) Reasoning.
(f) Behavior.
(g) Physical functions.
(h) Information processing.
(i) Speech.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 1 - GENERAL PROVISIONS › Section R. 340.1717 - Deaf-blindness defined; determination

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1)
				  Deaf-blindness means concomitant hearing impairment and visual impairment, the
				  combination of which causes severe communication and other developmental and
				  educational needs that cannot be accommodated in special education programs
				  without additional supports to address the unique needs specific to
				  deaf-blindness. Deaf-blindness also means both of the following:
(a) Documented hearing and visual losses
				  that, if considered individually, may not meet the requirements for visual
				  impairment or hearing impairment, but the combination of the losses affects
				  educational performance.
(b) Such
				  students function as if they have both a hearing and visual loss, based upon
				  responses to auditory and visual stimuli in the environment, or during vision
				  and hearing evaluations.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1721 - Request for initial evaluation

Current through Vol. 24-12, July 15, 2024
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, when necessary shall request
					 written consent to evaluate.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1721a - Initial evaluation

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1721b - Public agency responsibilities and timelines

Current through Vol. 24-12, July 15, 2024
Rule 21b.
(1) When
				  a written request for an evaluation is made for a student attending a public
				  school, all of the following apply:
(a) Within
				  10 school days of receipt of the written request, the public agency shall
				  provide the parent with written notice consistent with
				  34 CFR
				  300.503 and 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 must not be more than 30 school days. This timeline begins on
				  receipt of the signed parental consent by the public agency requesting the
				  consent. The parent and the public agency may agree to extend this timeline.
				  Any extension must comply with both of the following:
(i) Be in writing.
(ii) Be measured in school
				  days.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1721e - Individualized education program

Current through Vol. 24-12, July 15, 2024
Rule 21e.
(1)
				  Pursuant to 34 CFR Part 300 (2019), an individualized education program team
				  shall develop a written individualized education program that includes all of
				  the following:
(a) A statement of measurable
				  annual goals, including measurable short-term objectives.
(b) A statement documenting that the
				  individualized education program team considered extended school year
				  services.
(c) For a child age 3
				  through 5, a statement of the child's socialization needs and ability to
				  participate and progress in developmentally appropriate activities.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1722 - District responsibilities

Current through Vol. 24-12, July 15, 2024
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.
(2) The staff person responsible for the
				  implementation of the individualized education program shall be either of the
				  following:
(a) The principal of the building
				  where the primary educational program is provided to the student with an
				  individualized education program.
(b) Another staff person who is generally
				  accessible to the staff and who will be working with the student.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1723c - Right to independent educational evaluation

Current through Vol. 24-12, July 15, 2024
Rule 23c.
(1) Each
				  public agency shall provide parents with information about independent
				  educational evaluations at public expense. The information must include all of
				  the following:
(a) Criteria regarding
				  credentials for qualified examiners.
(b) Suggested sources and
				  locations.
(c) Procedures for
				  reimbursement.
(d) Reasonable
				  expected costs.
(e) Notification
				  that the parent is not restricted to choosing from sources suggested by the
				  public agency.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1724d - Mediation

Current through Vol. 24-12, July 15, 2024
Rule 24d.
(1) A
				  parent or public agency may request a mediation process in which the relief
				  sought consists of a mutually agreeable settlement between the parties of a
				  dispute that might be the subject of a state special education complaint under
				  part 8 of the rules or a due process complaint under
				  R
				  340.1724f.
(2) The superintendent of public instruction
				  shall approve procedures regarding the mediation process.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1724f - Due process complaints; procedures

Current through Vol. 24-12, July 15, 2024
Rule 24f.
(1) A
				  parent, a public agency, or the department may request a hearing by doing both
				  of the following:
(a) Filing a written due
				  process complaint, signed by the complainant, with the department by mail, by
				  personal delivery, or by electronic submission.
(b) Providing a copy of the complaint to the
				  public agency or other party or parties that are the subject of the due process
				  complaint.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1724h - Administrative law judge training

Current through Vol. 24-12, July 15, 2024
Rule 24h. The department, in conjunction with the Michigan
					 office of administrative hearings and rules, shall ensure that administrative
					 law judges conducting hearings under these rules receive training, as needed,
					 regarding administrative law, administrative procedure, special education law,
					 special education rules, special education policy, and special education
					 practice.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1724i - Reimbursement

Current through Vol. 24-12, July 15, 2024
Rule 24i. This rule applies only to due process complaints
					 filed on or after July 1, 2006. For purposes of MCL 380.1752, this rule
					 replaces
					 R
					 340.1882(4), which was rescinded. The
					 district of residence or public school academy shall reimburse the State 75% of
					 the costs related to providing the due process hearing.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1725e - Administrative law judge; duties and authority

Current through Vol. 24-12, July 15, 2024
Rule 25e.
(1) The
				  administrative law judge has the authority to do all of the following:
(a) Administer oaths and
				  affirmations.
(b) Sign and issue
				  subpoenas requiring the attendance and giving of testimony by witnesses and the
				  production of documents.
(c)
				  Provide for the taking of testimony.
(d) Require a prehearing conference, if
				  appropriate, to consider and take action regarding any of the following:
(i) The formulation and simplification of the
				  issues.
(ii) Admissions of fact and
				  documents that will avoid unnecessary testimony.
(iii) The need and scheduling for the filing
				  of motions, briefs, and dates for further conferences and the
				  hearing.
(iv) Settlement, which may
				  include encouraging the use of mediation or other alternative dispute
				  resolution options.
(v) The filing
				  and disposition of requests or motions.
(vi) Establishing a reasonable limit on the
				  time allowed for presenting evidence.
(vii) Other matters as may facilitate the
				  disposition of the hearing.
(e) Control the conduct of parties or
				  participants in the hearing for the purpose of ensuring an orderly
				  procedure.
(f) Grant a specific
				  extension of time at the request of either party for good cause.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES › Section R. 340.1725f - Surrogate parent

Current through Vol. 24-12, July 15, 2024
Rule 25f. Each public agency shall appoint persons to serve
					 as surrogate parents in accordance with 34 CFR part 300 section
					 300.519.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1732 - Designation of residency

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) The
				  residency of a student with a disability shall be determined in accordance with
				  sections
				  380.1148
				  and
				  380.1148a
				  of 1976 PA 451, MCL 380.1148 and MCL 380.1148a.
(2) If a disagreement occurs between 2 or
				  more school districts as to the residency of a student with a disability, then
				  all of the following procedures apply:
(a)
				  Notice shall be sent to the department by a school district involved. The
				  notice shall include all of the following information:
(i) The names of all of the school districts
				  alleged as a resident school district.
(ii) The name of the student
				  involved.
(iii) The name and
				  address of the parent or guardian, or address of the student if the student is
				  over 18 years of age.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1738 - Severe cognitive impairment program

Current through Vol. 24-12, July 15, 2024
Rule 38. A severe cognitive impairment program shall be
					 operated as follows:
(a) There shall
				  be 1 teacher and 2 instructional aides for a maximum of 12 students. The
				  maximum number of students may be extended to 15 if an additional instructional
				  aide is assigned with the placement of the thirteenth student. At least 1
				  full-time teacher and 1 full-time aide shall be employed in every severe
				  cognitive impairment program.
(b) A
				  severe cognitive impairment program shall consist of either of the following:
(i) A minimum of 200 days and 1,150 clock
				  hours of instruction.
(ii) A
				  minimum of 1,150 hours of instruction with no breaks greater than 10
				  consecutive days of pupil instruction.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1739 - Programs for students with moderate cognitive impairment

Current through Vol. 24-12, July 15, 2024
Rule 39. Programs for students with moderate cognitive
					 impairment shall be operated as follows:
(a) There shall be 1 teacher and 1 teacher
				  aide for a maximum of 15 students.
(b) There shall be 1 lead teacher and a
				  maximum of 3 instructional aides for a maximum of 30 students, with not more
				  than 10 students for each aide.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1740 - Programs for students with mild cognitive impairment

Current through Vol. 24-12, July 15, 2024
Rule 40. Programs for students with mild cognitive
					 impairment shall be operated as follows:
(a) Elementary programs for students with
				  mild cognitive impairment shall serve not more than 15 different students. When
				  an elementary program for students with mild cognitive impairment has 12 or
				  more students in the room at one time, an aide shall be assigned to the
				  program.
(b) Secondary programs for
				  students with mild cognitive impairment shall have not more than 15 different
				  students in the classroom at any one time and the teacher shall be responsible
				  for the educational programming for not more than 15 different
				  students.
Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1741 - Programs for students with emotional impairment

Current through Vol. 24-12, July 15, 2024
Rule 41. Programs for students with emotional impairment
					 shall have not more than 10 students in the classroom at any one time, and the
					 teacher shall be responsible for the educational programming for not more than
					 15 different students.