Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Special Education Programs and Services › Part 3 - ADMINISTRATION OF PROGRAMS AND SERVICES › Section R. 340.1734 - Deviations from rules

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) A
				  deviation from these rules shall be requested, in writing, by an intermediate
				  school district, local school district, or public school academy that operates
				  or contracts for special education programs and services following procedures
				  determined by the department. A copy of the request shall be filed concurrently
				  with the intermediate school district in which affected students with
				  disabilities reside and all local constituent school districts in which the
				  affected students with disabilities reside. A copy of the request shall be
				  filed concurrently with the parent advisory committee of the intermediate
				  school district that requests the deviation and the parent advisory committee
				  of any intermediate school district in which affected students with
				  disabilities reside.
(2) Within 7
				  days of receipt of the request, the intermediate school district shall review
				  and inquire into the request and shall file, with the department, its position
				  regarding the appropriateness of the request and its objections to, or
				  endorsement of, the request, together with the rationale regarding its
				  position.
(3) The department shall
				  initiate action within 30 calendar days of receipt of the request. The
				  department may grant the request, in writing, for a period not to extend beyond
				  the end of the current school year and upon such terms and conditions as it
				  shall specify only when, in its judgment, the best interests of the students
				  with disabilities affected by the deviation are served and good cause is
				  shown.
(4) A deviation shall not be
				  granted when the intent of the deviation is to exclude a student with a
				  disability from, or deny a student with a disability participation in, a
				  special education program or service that is required.
(5) A program deviation that is granted by
				  the department is public information. The affected intermediate school
				  districts, constituent local school districts, or public school academies shall
				  inform their involved personnel of granted deviations in any manner they deem
				  appropriate. At a minimum, the parent advisory committee shall be informed of
				  the disposition of the request.
(6)
				  A deviation shall not be requested for the purpose of avoiding or postponing
				  corrections directed by the department under part 8 of these rules.
(7) If a final decision to deny a deviation
				  request is made, then the school district that makes the request shall correct
				  the condition that precipitated the request and shall forward to the
				  department, office of special education, within 30 school days of the denial,
				  its assurance that the matter is now in compliance with the respective
				  rule.
(8) Nothing in this rule or
				  any other provision of statute or regulation shall permit the department to
				  waive any of the requirements of part B of the individuals with disabilities
				  education act, as amended,
				  20 U.S.C.
				  §1400 et seq.