Summary of Revised Rules for Special Education Effective June 6, 2002

1
Summary of Revised Rules for Special
EducationEffective June 6, 2002

• Michigan Department of Education
• Office of Special Education
• and Early Intervention Services

2
Rule Promulgation and Implementation

• 18 public hearings, 6 Listen and Learn sessions
  throughout 2001-2002
• New rules effective June 6, 2002
• Schools comply as they conduct routine annual
  reviews and evaluations
• New or changed requirements not monitored in
  2002-2003

3
Reasons for Change

• Align with federal mandates
• Eliminate outdated or redundant language
• Align with contemporary concepts for eligibility,
  teaching, and learning
• Provide more local control and flexibility for
  school districts and public school academies
  (PSAs)

4
Federal Compliance

• R 340.1701
• Assurances allow federal references to be removed
  from state rules
• See MDE document that incorporates state and
  federal rules

5
Change in Educational Status

• Removed at R 340.1701(f)
• An IEP no longer required solely for transition
  between preprimary, elementary, middle, secondary
  levels
• IEP still required for change in
  programs/services

6
Complaint Definition

• R 340.1701a(c)
• Complaints may be filed citing provisions of the
  state application for IDEA
• (formerly State Plan)

7
Departmentalized Programs

• R 340.1701a(e), 1749c
• Allows departmentalization at both elementary and
  secondary levels

8
Normal Course of Study

• R 340.1701b(c)
• Removes physical education - addressed at 34 CFR
  300.26, 300.307
• Removes pre-vocational and vocational education
  addressed at 34 CFR 300.29
• Special education curriculum to be determined by
  local district/PSA.

9
Definition of Parent

• R 340.1701b(e)
• Student is own guardian at age 18 unless
  otherwise court-ordered
• Aligns with federal definition of parent at
• 34 CFR 300.20

10
Cognitive Impairment

• R 340.1705
• Replaces EMI, TMI, SMI with more contemporary and
  educational language
• Retains flexible placement options
• Retains criteria that can be reported for Family
  Support Subsidy (FSS)

11
Emotional Impairment

• R 340.1706
• Retains previous language

12
Physical Impairment (PI)Other Health Impairment
(OHI)

• R 340.1709, 340.1709a
• Previous POHI definition now matches federal
  definitions at 34 CFR 300.7
• Physical Impairment (PI) matches federal
  Orthopedic Impairment at (c)(8)
• Other Health Impairment (OHI) matches federal
  Other Health Impairment at (c)(9)

13
Early Childhood Developmental Delay

• R 340.1712
• Original criteria retained
• Extended through 7 years of age

14
Autism

• R 340.1715
• Original criteria retained
• Anticipate further development

15
Deaf-Blindness

• Lack of agreement on proposed definition
• Anticipate further development
• Students currently served under other categories
  in Michigan Rules

16
Traumatic Brain Injury

• R 340.1716
• New category of disability in MI Rules
• Students currently served under other categories,
  typically POHI
• 34 CFR 300.7(c)(12)

17
Parent Input to the Evaluation

• R 340.1721a(2)(b)
• Language regarding parent input to the
  Multidisciplinary Evaluation Team (MET)
  evaluation retained
• MET required for any new identification of a
  disability

18
Cross-Categorical Placement

• Removed R 340.1733(q)
• Assumed a preference for a categorical placement
• Did not facilitate a more functional
  consideration of placement based upon the
  students individualized needs

19
Special Education Teacher with a Particular
Endorsement

• R 340.1721e(3)
• IEP Team must consider the need for teacher with
  a particular endorsement
• Replaces previous cross-categorical rule
• Effective July 1, 2003

20
Three-year Reevaluation

• Removed R 340.1722d
• All ISDs had waivers to previous rules
• Addressed at 34 CFR 300.536

21
Expedited Hearings

• R 340.1724c
• Defines an expedited hearing for students who are
  in a discipline process

22
Residency

• R 340.1732
• Rule has been rewritten for clarification

23
Transition Services

• R 340.1733(h)
• Allows professional special education personnel
  to provide transition services
• Transition coordinator may be other qualified
  professional
• Reimbursed with special education funds
• Supervised by special education teacher

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Programs for Students withCognitive Impairment

• R 340.1738 - 340.1740
• Criteria retained, program titles changed
• EMI changed to MiCI - mild cognitive impairment
• TMI changed MoCI - moderate cognitive impairment
• SMI changed to SCI - severe cognitive impairment

25
Homebound/Hospitalized Services

• R 340.1746
• Language retained from previous rule

26
Elementary and Secondary Resource Programs

• R 340.1749a, 340.1749b
• Two-year experience requirement for resource
  teacher deleted
• Students may be placed in program up to full-time

27
Early Childhood Special Education
Programs/Services

• R 340.1754, 340.1755
• Language retained from previous rule

28
Temporary Approval of Special Education Teachers

• R 340.1783
• Teacher with a previous temporary approval may
  continue if course work toward full approval is
  satisfactorily completed
• Course work - 6 semester hours per year between
  August 31 and September 1 of next school year

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Early Childhood Special Education Teacher Full
Year Permit

• R 340.1783a
• At times, no candidate for a special education
  early childhood teacher is available, even under
  temporary approval
• Creates option to contract with a teacher for one
  full year.

30
Paraprofessional Qualifications

• Removed R 340.1794
• All paraprofessional qualifications are specified
  in the ISD Plan
• Anticipate further development with regard to No
  Child Left Behind Act and next reauthorization of
  IDEA

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Teachers of Students withAutism

• R 340.1799
• A teachers first endorsement in an area of
  special education may be in autism
• Currently, no IHE program available to obtain AI
  endorsment as first endorsement
• Expect IHE(s) to modify program(s) to add first
  endorsement option

32
Finance Rules

• R 340.1809, 340.1810
• Language from previous rules retained

33
ISD Plan Submission

• R 340.1831
• Current Plans remain in effect indefinitely (no
  longer a three-year cycle)
• Plan is changed as needed to meet
• evolving program/service delivery designs as
  determined by the ISD and constituent districts
• evolving federal mandates

34
ISD Plan Optional Programming

• R 340.1832(1)(e)
• Allows local options for program/service delivery
  that differ from Part 3 of the Rules
• Must be described and approved in the ISD Plan

35
Objections to the ISD Plan

• R 340.1836
• May be filed by any party to the plan
• Parent Advisory Committee (PAC)
• Constituent districts/PSAs
• Hearing officer appointed by the state
• Hearing officer makes recommendation to the State
  Superintendent for final decision

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The Future

• Ongoing state rule development rather than
  infrequent and massive reform
• Evolution of eligibility criteria deaf-blind,
  learning disability, autism
• Special education teacher qualifications
• Reauthorization of IDEA
• Alignment with No Child Left Behind Act

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No Child Left Behind Act

• NCLB Act issues with possible state/federal
  special education rule implications
• Assessment and accountability - adequate yearly
  progress (AYP)
• Professional/paraprofessional personnel
  qualifications
• Emphasis on prevention and earlier intervention
• School choice

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Questions, Comments?

• Michigan Department of Education
• Office of Special Education and Early
  Intervention
• PO Box 30008
• Lansing, MI 48909
• Telephone [phone]
• Fax [phone]
• Internet www.michigan.gov/mde