Parent Positions

Sample Position Papers
Region IV Parent Advisory Committee 1998	Macomb Parent Advisory Committee 1998 Macomb Parent Advisory Committee 2001
Oakland Parent Advisory Committee 1998	Application of Waivers to Michigan Rules For Special Education
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PARENT ADVISORY COMMITTEE COMMENTS ON
THE REVISED ADMINISTRATIVE RULES FOR SPECIAL EDUCATION

We of the Parent Advisory Committee (PAC) of Macomb County first and foremost strongly object to the timeline under which we are forced to make comment and inform parents in our Intermediate School District (ISD) of the proposed changes to the Revised Administrative Rules for Special Education. We find the fact that the Legislature is on recess during this time particularly onerous.

Suggestion: Extend the period of public comment.

We are fully cognizant of the fact that removal of these rules we are making suggestions for or objections to, allow the services to still be available to students with disabilities if they are written into ISD plans. Furthermore we are fully cognizant of the fact that many of the rules recommended to be rescinded are already provided in the Individuals With Disabilities Education Act (IDEA) or provided in the Michigan Mandatory Special Education Act (MMSEA). However much is left to interpretation and the burden of knowledge is placed on parents as advocates, advocates and educators. Having to understand and interpret four different documents (IDEA, Revised Administrative Rules for Special Education, MMSEA, and ISD Plans) will be too overwhelming and open to interpretation for many parents as advocates, advocates, and educators to the detriment of students who receive Special Education services.

Suggestion: Continue to provide a document that parents as advocates, advocates, and educators can use as a reference when determining available services, programs, and student’s rights in conjunction with the ISD Plan.

Page 16, R340.1701(B)
We disagree with the removal of the standard of developing the maximum potential of special education students. We believe the maximum potential standard makes Michigan unique, and we believe this philosophy is very important.

Suggestion: Allow this standard to remain a part of Michigan’s Rules for Special Education

Pages 20-21 R340.1703, 1704 combined into 1705
Setting a new category, “Cognitive Impairment” to replace old terms Severely Mentally Impaired (SMI), Trainable Mentally Impaired (TMI) and Educable Mentally Impaired (EMI), may impact families’ access to other state benefits such as the Medicaid Waiver, Family Subsidy, and Social Security Income (SSI), that currently rely on the documentation provided by a copy of the Individualized Education Planning Team (IEPT) document to determine eligibility for services.

Suggestion: Allow these certifications to remain in place as a guideline to other agencies that collaborate with Special Education.

Page 60 R 340.1723c
If a hearing officer orders an independent educational evaluation as part of the cost of the evaluation so ordered shall be at public expense. Rescinding this rule is alarming due to the fact that parents are already losing wages due to the necessity of a hearing.

Suggestion: Allow this safeguard to remain in place.

Page 78, R340.1733(d)
Removal of any reference to age span limits in classrooms should not happen. We do not want to see 5-year-olds being placed in classrooms with 26-year-olds. This did happen before the current special education rules went into effect.

Suggestion: There needs to be an age span limit.

Page 79, R340.1733(g)
We disagree with the removal of any reference to a 230-day program, extended school year, or any standard other than those required for regular education programs for more severely involved special education students. We are very concerned that to prove this need at an IEPT, parents will have to allow regression. Without some specific guidelines in this area many students will be underserved.

Suggestion: Establish guidelines.

Page 82, R340.1733(C)(III)
We disagree with a staff member only visiting a student in a worksite-based learning situation every 30 calendar days. Worksite-based programs are gaining a foothold in our society specifically because of the close supervision required.

Suggestion: Twenty days are not unreasonable. Allow this rule to remain as is.

Pages 88-91 R 340.1738-1744, Pages 93- 94 R 340.1746-1748,
Pages 95 R 340.1749(a),Page 99 R1756, Page 101 R340.1758
Elimination of programs that are categorical or disability-specific is concerning. The main concern here is that “each IEP team is to consider the need for a student to be assigned to a teacher with a particular special education endorsement” is far too broad. While this may enhance the placement of students in least restrictive environments, there will always be the need for a full continuum of services. The mandated classroom maximums for each of these programs being eliminated removes the safeguard of keeping class student-professional ratios at safe limits.

Suggestion: Specific guidelines for the IEPT to use need to be in place regarding the “need for a student to be assigned to a teacher with a particular special education endorsement.” Have a rule in place that ensures that student’s have a full continuum of services available.

Page 96, R340. 1749(b)
We disagree with the removal of the definition of a resource program and elimination of the protection in category (3) that: “The teacher shall not teach a class and offer tutorial assistance at the same time.” Removal of these standards is not only detrimental to special education students but to general education students as well. Students during the teen years become particularly self-conscious about receiving the services that they need.

Suggestion: Mandate resource rooms with specifications that they are not placed in one area of a school building so students will be more inclined to seek the assistance that they need.

Page 99, R340.1755(b)
We disagree with reducing the minimum amount of early childhood service provided to only one hour per week and mandating the services be consultative only. Research continues to support the efficacy of early intervention.

Suggestion: Make a good investment by providing services for the early childhood years to reduce the amount of students that remain in Special Education services for their entire school career. Allow the IEPT to determine the services necessary.

Page 123, R340.1807 &1809 & 1810
Though currently funding is described in the State School Aid Act, with changes, this description may be removed. If so, there will no longer be the protection of special education funding being defined in the the Revised Administrative Rules for Special Education.

Suggestion: Special Education funding must be mandated in a static set of rules, such as the Revised Administrative Rules for Special Education rather than relying on rules that are changed on an annual or bi-annual basis.

Page 125, R340.1831 (4)
We strongly object to the ISD Plan becoming a permanent document. Currently, the ISD plan legally must be reviewed and re-approved every three years.

Suggestion: If the plan does indeed becomes more important, it must be reviewed on a regular basis.

Page 129, R340.1832(E)
State definitions for categorical programs and state determined caseloads within such classrooms are eliminated. This new rule defines an ambiguous “instructional ratio” of special education students to special education teachers across individual counties. The ISD plan will describe how to “achieve this ratio.” Different counties will have different caseloads and ratios. We are concerned that teachers and families will be forced to go “ratio-shopping” to try to find an adequate program for their special education students, therefore overloading ISDs that continue to provide the best that they have to offer students.

Suggestion: Ratios need to be defined on a statewide basis! There must be a guarantee that a district or county cannot request a waiver to increase this ratio.

Page 134, R340.1833(2)
If local school districts or the parent advisory committee do not agree with the county plan, the intermediate district shall determine the content of the plan itself. This places too much power in the hands of Intermediate School District Superintendents. Our students deserve checks and balances!

Suggestion: Do not place all of the decision making in one place with an increased burden on other stakeholders to ‘file complaints’.

In conclusion we of the Macomb Parent Advisory Committee are very concerned about the lack of structure, guidelines, and balance of power and services suggested in the proposed “Revised Administrative Rules for Special Education”.

If these rules go into effect, undue burden will be placed on parents, advocates, teachers and others to the detriment of students that receive special education services.

We the undersigned, formally request that these revisions undergo major changes that provide many more guidelines, including the language of IDEA, and MMSEA so that two documents will suffice for proper advocacy and that a revision will display a true balance of power among stakeholders.

PARENT ADVISORY COMMITTEE COMMENTS ON
THE REVISED ADMINISTRATIVE RULES FOR SPECIAL EDUCATION

Suggestion: Extend the period of public comment.

Suggestion: Continue to provide a document that parents as advocates, advocates, and educators can use as a reference when determining available services, programs, and student’s rights in conjunction with the ISD Plan.

Suggestion: Allow this standard to remain a part of Michigan’s Rules for Special Education

Suggestion: Allow these certifications to remain in place as a guideline to other agencies that collaborate with Special Education.

Suggestion: Allow this safeguard to remain in place.

Suggestion: There needs to be an age span limit.

Suggestion: Establish guidelines.

Suggestion: Twenty days are not unreasonable. Allow this rule to remain as is.

Suggestion: Specific guidelines for the IEPT to use need to be in place regarding the “need for a student to be assigned to a teacher with a particular special education endorsement.” Have a rule in place that ensures that student’s have a full continuum of services available.

Suggestion: Mandate resource rooms with specifications that they are not placed in one area of a school building so students will be more inclined to seek the assistance that they need.

Suggestion: Make a good investment by providing services for the early childhood years to reduce the amount of students that remain in Special Education services for their entire school career. Allow the IEPT to determine the services necessary.

Suggestion: Special Education funding must be mandated in a static set of rules, such as the Revised Administrative Rules for Special Education rather than relying on rules that are changed on an annual or bi-annual basis.

Page 125, R340.1831 (4)
We strongly object to the ISD Plan becoming a permanent document. Currently, the ISD plan legally must be reviewed and re-approved every three years.

Suggestion: If the plan does indeed becomes more important, it must be reviewed on a regular basis.

Suggestion: Ratios need to be defined on a statewide basis! There must be a guarantee that a district or county cannot request a waiver to increase this ratio.

Suggestion: Do not place all of the decision making in one place with an increased burden on other stakeholders to ‘file complaints’.

If these rules go into effect, undue burden will be placed on parents, advocates, teachers and others to the detriment of students that receive special education services.

Position Statement
Region IV Parent Advisory Committees
May 13, 1999

To: The Honorable Senators; Leon Stille, Ken DeBeaussart, and Loren Bennett
From: The Parent Advisory Committees of Region IV.
Re: Special Education Reform Position Paper

Region IV of the State Parent Advisory Committee

Region IV of the State Parent Advisory Committee consists of eight Intermediate School Districts in Southeast Michigan: Jackson, Lenawee, Macomb, Monroe, Oakland, St. Clair, Washtenaw and Wayne Intermediate School Districts.

Together these eight intermediate school districts represent nearly two-thirds of the student population of the State of Michigan.

Parent Advisory Committee
The State of Michigan through the Administrative Rules for Special Education, Section R340.1832 section 3.1 authorizes each of the 57 Intermediate School Districts (ISDs) to establish a parent advisory committee (PAC). Michigan has established a State Parent Advisory Committee (SPAC) which is divided into 4 Regions.

Position Statement Purpose
Senator Leon Stille, chairman of the committee on school infrastructure and special education issues, request that parents of students with special educational needs give testimony. As an organized group of parents representing such a substantial number of students we felt it important to speak as a single voice.

Position Statement
The Parent Advisory Committees of Region IV are very concerned about the Michigan Association of Intermediate School Administrators (MAISA) publication presented to Michigan lawmakers which proposes radical changes to current Special Education Rules. This document was written and presented without parental input.

This position statement highlights seven areas the Region IV PACs feel are important for consideration and clarification when lawmakers review the Special Education Rules. The following topics are by no means meant to be exhaustive, and are viewed by our members as an opportunity to open dialog with lawmakers about reform suggestions.

§ Learning Disabilities
§ Pre-referral Process
§ Individualized Education Program Team
§ Class Size
§ Waivers
§ Special Education Rule Reform
§ Services for 22-26

LEARNING DISABILITIES
Research indicates the key to stabilizing the learning disabled population is early detection and intervention, before incorrect learning habits become entrenched.

Currently a substantial amount of time and moneys are spent to extinguish incorrect learning habits after 3rd grade. The majority of students identified as "Learning Disabled" are identified after 3rd grade.

Governor Engler has established a committee of ISD superintendents whom are researching the educational and cost benefits of early detection and reading intervention programs. We applaud these efforts and hope that reform will include innovative funding methods as these programs benefits ALL learners, and studies have shown to reduce the need for labeling a student "Special Education".

Funding Suggestion
The tobacco tax funds.

PRE-REFERRAL PROCESS
The pre-referral process is often utilized to help determine children's needs without formal special education intervention or parental notification. We feel it is imperative that parents be made aware of their child's learning difficulties and the districts concerns. The families input is invaluable from the beginning.

As parents of students already labeled we fear this may be a way for districts to avoid their responsibilities and not provide appropriate services.

Funding and staff utilization are concerns when reviewing changes to the pre-referral process. Currently funding does not allow a special educator to be used in general education situations. Therefore, a student with marginal needs may not get intervention by trained personnel.

Individualized Education Program Team (IEPT)
The individualized education program team (IEPT), formally known as the IEPC, is the most vital meeting that parents have with the educational community and evaluations teams. IDEA '97 clearly supports parental input in the educational planning process for our children with special needs. For many parents, it is the only time when the educational team considers parental input.

It is only at and through a well-coordinated IEPT session that the appropriate services are established.

Until the IEPT process has clearly been researched, documented and best practice standards identified no changes to the current rules should be considered. The identification of best practice standards is where legislative and budgeting efforts should be concentrated; not on loosening vital laws which preserve the parents' rights for input into their child's education.

CLASS SIZE
Special Education has specific class size limits for each disability classification to provide students with an opportunity to reach their maximum potential.

An unsubstantiated change in class size without using empirical basis for reform will undermine the current special education rules. Some students within certain categories of impairment require very intensive intervention while others can thrive with lower student-teacher ratios. Smaller class size allows for better implementation of the IEPT and for more individualized attention and hands-on instruction to be provided by the teacher for each student.

It is essential to maintain the current class size mandated in the State Rules and Regulations. The use of waivers has already eroded these legal mandates, and many districts are no longer concerned if they are compliant. In some districts, where waivers are utilized, special education class size may be approaching general education class sizes.

WAIVERS
The PACs of Region IV unequivocally oppose the statewide application of waivers granted by the state department to local educational units.

The waivers were designed and approved by the state department to be used on an individual basis"... for the purpose of serving the intent of the rule in a more effective, efficient or economical manner or to stimulate improved pupil performance in Michigan schools." Each waiver was written and approved by the state department because it addressed the individual need of the applicant, (school districts, public school academies, university schools, or intermediate school districts). The proposal for statewide application of waivers goes against the intent of the language in section 1281(3) of the revised School Code 1995.

SPECIAL EDUCATION RULE REFORM
The PACs of Region IV support a multi-stakeholder approach to rule reform, while maintaining current provisions for promulgation and review of proposed rule changes.

We strongly believe that rule reform can benefit all students while being fiscally responsible. Rule reform proposals, which encompass best practice and innovative approaches to meet the unique needs of all students, will insure that Michigan continues to lead the nation in high educational standards.

SERVICES FOR 22 TO 26
Education continues to be beneficial to students with severe disabilities at the 22-26 age level.

Educational services, programs and staffing requirements must be met on an individual basis, during this very critical transitional period. Funding for educating this population should be continued with increased flexibility allowing for students to work in and become a part of the their community.

SUMMARY
Financial reform does not have to mean reduced or diminished services.

Any reform to special education services must involve input from ALL stakeholders including parents of children with special needs, educators, administrators, community agencies and other involved organizations of children with special needs.

Parents of children with special education needs should be and will be a part of the reform process. This will ensure that Michigan continues to lead the nation in setting high educational standards.

Macomb County Parent Advisory Committee Position Statement
On Legislative Proposals Concerning Special Education
March 15, 1999

At present, there are various proposals circulating in Lansing to make drastic changes in Michigan's education rules concerning students with disabilities. As far as we know, none of them have been developed in consultation with parents of children with disabilities, nor with adults whom themselves have disabilities. The Macomb County Parent Advisory Committee finds this situation distressing. We urge all lawmakers to realize that proposals submitted without parental input are proposals without the needs of students with disabilities being represented. Certainly legislators should adopt a steadfast policy of caution when acting on proposals until they are satisfied that all stakeholders have been included in their development.
Parent Advisory Committees (PAC) are comprised of parents of students with special needs and are a powerful resource for legislators. PACs are mandated to be established and trained to provide parent input into creation, implementation, and review/revision of each Intermediate School District's (ISD) Plan for the Delivery of Special Education Programs and Services. In Macomb County, the PAC is also charged specifically with reviewing legislation and representing the interests of students with disabilities in public hearings.
Prior to the passage of the Education for All Handicapped Act (EHA) (reauthorized subsequently as the Individuals with Disabilities Education Act (IDEA-97)) the state of Michigan enacted PA-198 of 1971 which provided special education programs and services for the children with disabilities of our state. Michigan, as a leader in creating special education prior to federal laws being established, had parents and citizens working collaboratively with professional educators and administrators to put our current system in place. This effort to provide high quality education to students with all manners of disabilities is only 28 years old, and parents recognize more than anyone that experience can lead to proposals that change education for the better.
Parents are also taxpayers and citizens. Most parents of children with disabilities also have children without disabilities. Not only do they understand possible tensions between 'special' and 'general' education, they live with decisions every day of their lives as they seek to balance the needs of all their children within the limited allocations of education and within the limited resources of their families. The perspective of parents is vital to any and all discussions of special education policy in the state of Michigan.
We urge legislators to require all proposals coming from individuals or groups to have parental input. Any committees or panels organized within the legislature to review issues touching upon special education should also be constituted to include a significant parent voice. Likewise, committees and work groups at the State Department of Education should also insure parental involvement at all stages of policy review and development.
For all issues concerning education, public policy must reflect careful consideration of all stakeholders, including parents, students, advocacy agencies, educators, and other interested citizens.

Oakland Parent Advisory Committee Position Statement
on Legislative Proposals Concerning Special Education
April 1, 1999

In education, as in all public policy, lawmakers must be careful to consider the views and experiences of all stakeholders when evaluating proposals for change. The stakeholders in the education arena include professional educators, parents, students, advocacy agencies, and other interested citizens. The need for taking parent views into account is especially great with respect to special education because in the past children with disabilities have not been well served by public education. In fact, prior to 1973, having a disability often excluded a child from the public education system entirely. Only intense and sustained effort by parents allowed the development of the excellent special education system now in place in the State of Michigan.

In acknowledgment of the need to insure that the parent voice is heard by decision-makers, the state education rules provide that a Parent Advisory Committee (PAC) be established within each Intermediate School District. These committees are established to provide parent in put into creation, implementation, and review/revision of each Intermediate School District's Plan for the Delivery of Special Education Programs and Services. In Oakland County, the Parent Advisory Committee is also charged specifically with reviewing legislation and representing the interests of people with disabilities in public hearings.

We urge all lawmakers to adopt a steadfast policy of refusing to act on proposals until they are satisfied that all stakeholders have been included in the development of those proposals. In particular, all proposals coming from individuals or groups including employees of Intermediate School Districts should certify involvement of Parent Advisory Committees. Any committees or panels organized within the legislature or at the State Department of Education should also be constituted to include a significant parent voice at all stages of policy review and development.

It would be nice to be able to assume that professional educators, particularly administrators, act on behalf of the best interests of all children, including those with disabilities. Unfortunately, history has taught us that this is not the case. Although there have always been individual professionals working tirelessly to help all children reach their maximum potential, the education establishment as a whole has not demonstrated such a commitment. Indeed, the passage of PL 94-142, which established a federal right to public education for all children and eventually evolved into the Individuals with Disabilities Education Act (IDEA), was the result of long and difficult battles fought primarily by parents. In states like Michigan, which were leaders in establishing "special" education, again it was parents who led the way.

When legislative change concerning the education of children with disabilities is contemplated, it is absolutely imperative that lawmakers seek to include the views and experiences of parents of children with disabilities before beginning any serious consideration of proposals. It was parents fighting for their children's futures who overcame professional obstinacy, pessimism, and cynicism to show that high quality educational interventions can bring about staggering achievements for their children and for our society as a whole.

The effort to provide high quality education to students with all manner of disability is relatively new. Parents recognize as much as anyone that experience will lead to proposals that will change education for the better. Parents are also taxpayers and citizens. They know first hand that financial resources are not unlimited and that priorities must be set. Most parents of children with disabilities also have children without disabilities. Not only do they understand that possible tensions between "special" and "general" education, they live with resource allocation decisions every day of their lives as they seek to balance the needs of all their children within the limited resources of their families. The perspective of parents is vital to any and all discussions of special education policy in the state of Michigan.

The Oakland County Parent Advisory Committee urges all state and federal legislators to make sure that their own education advisory committees include parents representing children with a full range of educational needs. In addition, they should make sure that legislative proposals demonstrate parental input and that all legislative and administrative committees are constituted to insure a significant parent voice. Michigan has long been viewed as a model for other states to emulate with respect to providing high quality education to all children. As everyone works to make the state educational system even stronger and possibly more cost effective, we must all exercise great care that improvements for some do not come at the expense to great losses to the most vulnerable members of the entire student population.

The following report "Application of Waivers to Michigan Rules
For Special Education" was generated using data from the Revised
Administrative Rules for Special Education and a listing of
"Waiver Requests Approved by the State Board of Education
(through July 1998)".

· For clarity some areas have the heading of the rule listed above them.

· Rules are quoted in their exact form under the heading "Current Rule".

· Rules with the waivers applied are listed under the heading "Rule With Waiver" These were generated by changing the rule to reflect the number of students allowed in a classroom, experience required of a teacher, evaluations required for studets, etc. in each waiver shown on the aforementioned list.

· "County with waiver" was sometimes truncated due to a large number of counties with waivers on a particular rule so every county with a waiver on that rule is not always listed. If several counties are using the same waiver, only the first county encountered on the list are listed.

LRE is the Least Restrictive Environment
IEPT is an Individualized Educational Planning Team
MET is a Multidisciplinary Evaluation Team

Application of Waivers to Michigan Rules For Special Education

R 340.1703 Determination of severely mentally impaired.
Rule Number 340.1703(2)
Current Rule A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team which shall include a psychologist.
Rule With Waiver Eliminate the requirement for intellectual assessment for reestablishing eligibility of students who are SMI when there is no current reason to suspect a change in the student's intellectual functioning as determined by the IEPT. Intellectual assessment may be conducted by the school psychologist at the discretion of the MET or at the request of the parent.
County with waiver Barry

340.1704 Determination of trainable mentally impaired.
Rule Number 340.1704(2)
Current Rule (2) A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team which shall include a psychologist.
Rule With Waiver Eliminate the requirement for intellectual assessment for reestablishing eligibility of students who are TMI when there is no current reason to suspect a change in the student's intellectual functioning as determined by the IEPT. Intellectual assessment may be conducted by the school psychologist at the discretion of the MET or at the request of the parent.
County with waiver Barry

R 340.1706 Determination of emotionally impaired.
Rule Number 340.1706(4)
Current Rule A determination of impairment shall be based on data provided by a multidisciplinary team, which shall include a comprehensive evaluation by both of the following: (a) A psychologist or psychiatrist. (b) A school social worker.
Rule With Waiver A determination of impairment shall be based on data provided by a multidisciplinary team, which shall include a comprehensive evaluation by one of the following: (a) A psychologist or psychiatrist. (b) A school social worker.
County with waiver Ama

R 340.1714 Determination of severely multiply impaired.
Rule Number 340.1714(2)
Current Rule (2) A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team, which shall include a psychologist and, depending upon the
handicaps in the physical domain, the multidisciplinary evaluation team participants required in R 340.1707, R 340.1708, or R 340.1709.
Rule With Waiver Eliminate the requirement for intellectual assessment for reestablishing eligibility of students who are SXI when there is no current reason to suspect a change in the student's intellectual functioning as determined by the IEPT. Intellectual assessment may be conducted by the school psychologist at the discretion of the MET or at the request of the parent.
County with waiver Barry

R 340.1715 "Autism" defined; determination.
Rule Number 340.1715(4)
Current Rule (4) A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team. The team shall include, at a minimum, a psychologist or psychiatrist, a teacher of speech and language impaired, and a school social worker.
Rule With Waiver (4) A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team. The team shall include, at a minimum, a psychologist or
psychiatrist, a teacher of speech and language impaired, and a school social worker. After the initial and 2 subsequent 3-year evaluations, unless requested by the MET or parent, the MET would be comprised of at least 1 of the 3 noted in the rule and the teacher.
County with waiver Genesee

R 340.1721b Individualized educational planning committee participants.
Rule Number 340.1721b(2)(b)
Current Rule (b)The student's teacher or a teacher appropriate for the student's age and ability if the student is not previously enrolled by the public agency. If the child is enrolled in regular education, at least 1 of the participants shall be a regular full-time teacher to whom the student is assigned.
Rule With Waiver b)The student's teacher or a teacher appropriate for the student's age and ability if the student is not previously enrolled by the public agency. If the child is enrolled in regular education, at least 1 of the participants shall be a regular full-time teacher to whom the student is assigned. Counselors at the secondary level would be the general education representative an an IEPC meeting.
County with waiver Macomb

R 340.1721c Scheduling individualized educational planning committee meeting; requesting parent participation.
Rule Number 340.1721c(2)
Current Rule (2) The time from referral or from receipt of parental consent to an initial evaluation to the completion of the individualized educational program or the determination of ineligibility shall not
exceed 30 school days. This time line begins upon receipt of the signed parental consent by the
Rule With Waiver (2) The time from referral or from receipt of parental consent to an initial evaluation to the completion of the individualized educational program or the determination of ineligibility shall not exceed 45 school days. This time line begins upon receipt of the signed parental consent by the
County with waiver Macomb

Rule Number 340.1722d
Current Rule Each eligible student who has a disability shall be provided with a comprehensive evaluaiton as described in R304.1721a at least once every 36 months. The evaluation shall be completed by a multidisciplinary evaluation team and the results shall be presented at an individualized educational planning committee meeting pursuant to R 340.1721d(2)(a). The evaluation requires that an assessment take place to make accurate and effective decisions. A student shall be assessed in all areas related to the suspected disability and provide information to determine all of the following:
Rule With Waiver IDEA SEC.614.(a)(2) REEVALUATIONS- A local educational agency shall ensure that a reevaluation of each child with a disability is conducted--(A) if conditions warrant a reevaluation or
if the child's parent or teacher requests a reevaluation, but at least once every 3 years; and (B) in accordance with subsections (b) and (c).
County with waiver Montcalm

Rule Number 340.1722e
Current Rule If a student enrolled in a special education program in a school district or intermediate school district transfers to a new school district which necessitates a change in educational status, the
student, with the written consent of the parent, shall be placed immediately in an appropriate special education program or service for a period not to exceed 30 school days, during which time
an individualized educational planning committee shall be convened by the new district of residence to review and possibly revise the person's individualized education program. This case shall have
precedence over all other cases, except previous cases also being expedited under this rule.
Rule With Waiver If a student enrolled in a special education program in a school district or intermediate school district transfers to a new school district which necessitates a change in educational status, the student, with the written consent of the parent, shall be placed immediately in an appropriate special education program or service for a period not to exceed 1 school year if the student's current
IEP can be implemented as written, during which time an individualized educational planning committee shall be convened by the new district of residence to review and possibly revise the person's individualized education program. This case shall have precedence over all other cases, except previous cases also being expedited under this rule.
County with waiver Shiawassee

R 340.1733 Program and service requirements; effective dates.
Rule Number 340.1733(q)
Current Rule When an individualized educational planning committee determines that a student necessitates a categorical special education program, the student shall be assigned to a categorical program that corresponds to his or her primary disability. The program designation shall correspond to the special education teacher`s endorsement which serves as the basis for the district`s reimbursement pursuant to Act No. 94 of the Public Acts of 1979, as amended, being §388.1601 et seq. of the
Michigan Compiled Laws, and known as the state school aid act of 1979. Placement in a program other than that which corresponds to the student`s eligibility category may occur when the individualized educational planning committee includes, within the individualized educational program, a rationale for its determination and the parent consents to the alternative program. The public agency may use the hearing procedures in R 340.1724 to R 340.1724b when the parent refuses to provide consent. If the hearing officer upholds the agency, the agency may proceed without the parents` consent, subject to the parents` rights under R 340.1725 and R 340.1725a.
Rule With Waiver When an individualized educational planning committee determines that a student necessitates a categorical special education program, the student shall be assigned to a categorical program that corresponds to his or her primary disability. The program designation shall correspond to the special education teacher`s endorsement which serves as the basis for the district`s reimbursement
pursuant to Act No. 94 of the Public Acts of 1979, as amended, being §388.1601 et seq. of the Michigan Compiled Laws, and known as the state school aid act of 1979. Placement in a program other than that which corresponds to the student`s eligibility category may occur when the individualized educational planning committee includes, within the individualized educational program, a rationale for its determination. The public agency may use the hearing procedures in R 340.1724 to R 340.1724b when the parent refuses to provide consent. If the hearing officer upholds the agency, the agency may proceed without the parents` consent, subject to the parents` rights under R 340.1725 and R 340.1725a.
County with waiver Ama

R 340.1738 Severely mentally impaired programs.
Rule Number 340.1738(a)
Current Rule An instructional unit for the severely mentally impaired shall consist of at least 1 teacher and 2 instructional aides for a maximum of 12 students. The maximum number of students may be
extended to 15 if an additionl 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 program for the
Rule With Waiver An instructional unit for the severely mentally impaired shall consist of at least 1 teacher and 3 instructional aides for a maximum of 16 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 program for the
County with waiver Macomb

Rule Number 340.1738(b)
Current Rule (b) Severely mentally impaired programs shall consist of a minimum of 230 days and 1,150 clock hours of instruction. The first 5 days when pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, or health conditions as defined by the city, county, or state health authorities, shall be counted as days of pupil instruction. Subsequent days shall not be counted as days of pupil instruction.
Rule With Waiver (b) Severely mentally impaired programs shall consist of a minimum of 222 days and 1,332 clock hours of instruction. The first 5 days when pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, or health conditions as defined by the city, county, or state health authorities, shall be counted as days of
pupil instruction. Subsequent days shall not be counted as days of pupil instruction.
County with waiver Coor

R 340.1739 Trainable mentally impaired programs.
Rule Number 340.1739(b)(I)
Current Rule (b) A classroom unit for the trainable mentally impaired shall consist of either of the following: (i) One teacher and 1 teacher aide for a maximum of 15 students.
Rule With Waiver (b) A classroom unit for the trainable mentally impaired shall consist of either of the following: (i) One teacher and 1 teacher aide for a maximum of 15 students (up to 10 without an aide) for elementary and middle school classrooms.
County with waiver Lenawee

R 340.1740 Educable mentally impaired programs; number of students.
Rule Number 340.1740(1)
Current Rule Elementary programs for the educable mentally impaired shall serve not more than 15 different students. When an elementary program for the educable mentally impaired has 12 or more students in the room at one time, an aide shall be assigned to the program.
Rule With Waiver Elementary programs for the educable mentally impaired shall serve not more than 25 different students, with no more than 15 at one time. When an elementary program for the educable
mentally impaired has 12 or more students in the room at one time assign an aide.
County with waiver Bay-Arenac & Lewis Cass

Rule Number 340.1740(2)
Current Rule Secondary programs for the educable mentally impaired 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.
Rule With Waiver Secondary programs for the educable mentally impaired shall have not more than 18 different students in the classroom at any one time, and the teacher shall be responsible for the educational programming for not more than 25 different students.
County with waiver Barry & Lewis Cass

R 340.1741 Emotionally impaired programs; number of students.
Rule Number 340.1741
Current Rule Emotionally impaired programs; number of students. Rule 41. Programs for the emotionally impaired 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.
Rule With Waiver Emotionally impaired programs; number of students. Rule 41. Programs for the emotionally impaired shall have not more than 13 students in the classroom at any one time, and the teacher shall be responsible for the educational programming for not more than 18 different students. When the classroom size reaches 11 students at any one time, an aide must be provided.
County with waiver Genesee & Muskegon

R 340.1742 Hearing impaired programs; effective dates.
Rule Number 340.1742(1)(a)
Current Rule (1) Specific requirements for programs and services for hearing impaired persons are as follows: (a) A special class with l teacher shall have an enrollment of not more than 7 students.
Rule With Waiver (1) Specific requirements for programs and services for hearing impaired persons are as follows: (a) A special class with l teacher shall have an enrollment of not more than 7 students.(Caseload of 9)
County with waiver Macomb & Muskegon

R 340.1743 Visually impaired programs.
Rule Number 340.1743(1)(a)
Current Rule (1) Specific requirements for programs and services for the visually impaired are as follows: (a) Class size shall be determined by the severity and multiplicity of the impairments of the visually impaired students. A special class with 1 teacher shall have an enrollment of not more than the equivalent of 8 full-time students, and the teacher shall be responsible for the educational
Rule With Waiver (1) Specific requirements for programs and services for the visually impaired are as follows: (a) Class size shall be determined by the severity and multiplicity of the impairments of the visually impaired students. A special class with 1 teacher shall have an enrollment of not more than the equivalent of 10 full-time students, and the teacher shall be responsible for the educational
County with waiver Macomb

R 340.1744 Physically and otherwise health impaired programs.
Rule Number 340.1744(1)
Current Rule (1) Programs for the physically and otherwise health impaired 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.
Rule With Waiver (1) Programs for the physically and otherwise health impaired shall have not more than 12 students in the classroom at any one time( with the addition of an aide), and the teacher shall be
responsible for the educational programming for not more than 25 different students.
County with waiver Cassopolis PS & Macomb

Rule Number 340.1744(3)
Current Rule (3) Special classroom units serving physically and otherwise health impaired shall provide not less than 60 square feet of floor space per person.
Rule With Waiver Eliminate
County with waiver Cassopolis PS

R 340.1745 Speech and language impaired instructional services.
Rule Number 340.1745(c)
Current Rule (c) Individual teacher caseloads shall not exceed 60 different persons and shall be adjusted based on factors identified in subdivision (b) of this rule.
Rule With Waiver (c) Individual teacher caseloads shall not exceed 65 different persons and shall be adjusted based on factors identified in subdivision (b) of this rule. Students being evaluated shall not be counted as part of the caseload. Students under evaluation not counted on caseload.
County with waiver Barry & Dickinson-Iron & Macomb

Rule Number 340.1747
Current Rule Specific learning disabilities programs; number of students.

Rule 47. Programs for the learning disabled shall have not more than 10 students in the classroom at any one time, and the teacher shall be respo17nsible for the educational programming for not more than 15 different students.
Rule With Waiver Specific learning disabilities programs; number of students. Rule 47. Programs for the learning disabled shall have not more than 15 students in the classroom at any one time, and the teacher shall be responsible for the educational programming for not more than 25 (FTE of 10) students. (Use an aide with 13 or more students)/Secondary level caseload of 18, no more than 15 at one time
except when the teacher is involved in a departmentalized program.
County with waiver Bay-Arenac & Lewis Cass & Muskegon

R 340.1748 Severely multiply impaired programs.
Rule Number 340.1748(a)
Current Rule (a) An instructional unit for the severely multiply impaired shall consist of at least 1 teacher and 2 instructional aides for a maximum of 9 students. At least 1 full-time teacher and 1 full-time aide shall be employed in every severely multiply impaired program.
Rule With Waiver (a) An instructional unit for the severely multiply impaired shall consist of at least 1 teacher and 5 instructional aides for a maximum of 18 students. At least 1 full-time teacher and 1 full-time aide shall be employed in every severely multiply impaired program.
County with waiver Hillsdale

Rule Number 340.1748(b)
Current Rule (b) Severely multiply impaired programs shall consist of a minimum of 230 days and 1,150 clock hours of instruction. The first 5 days when pupil instruction is not provided because of conditions
not within the control of school authorities, such as severe storms, fires, epidemics, or health conditions as defined by the city, county, or state health authorities, shall be counted as days of pupil instruction. Subsequent days shall not be counted as days of pupil instruction.
Rule With Waiver (b) Severely multiply impaired programs shall consist of a minimum of 1,150 clock hours of instruction. The first 5 days when pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, or health conditions as defined by the city, county, or state health authorities, shall be counted as days of pupil instruction.
Subsequent days shall not be counted as days of pupil instruction.
County with waiver Midland

R 340.1749 Teacher consultant; caseload; responsibilities.
Rule Number 340.1749(2)
Current Rule (2) The teacher consultant shall carry an active caseload of not more than 25 handicapped students. All students served under this rule shall be counted as part of the caseload. In establishing the
caseload, consideration shall be given to time for all of the following:
Rule With Waiver (2) The teacher consultant shall carry an active caseload of not more than 30 handicapped students (not including students under evaluation). All students served under this rule shall be counted as part of the caseload. In establishing the caseload, consideration shall be given to time for all of the
County wth waiver Jackson

Rule Number 340.1749(2)a
Current Rule The teacher consultant shall carry an active caseload of not more than 25 handicapped students. All students served under this rule shall be counted as part of the caseload. In establishing the caseload, consideration shall be given to time for all of the following: (a) Instructional services.
Rule With Waiver The teacher consultant shall carry an active caseload of not more than 28 handicapped students. All students served under this rule shall be counted as part of the caseload. In establishing the caseload, consideration shall be given to time for all of the following: (a) Instructional services.FTE will be used instead of head count.
County with waiver Ama

R 340.1749a Elementary level resource program.
Rule Number 340.1749a(1)
Current Rule 1) A special education elementary level resource program may be provided by a special education teacher who has 2 years of teaching experience, 1 of which shall be in a special education
classroom. This program is designed for eligible handicapped students who, through individualized educational planning committee determination, need 50 or less of their instructional school day in
special education and who need 2 or less of the instructional content areas of language arts, mathematics, science, and social studies taught solely by the resource teacher.
Rule With Waiver Eliminate
County with waiver Bay-Arenac

Rule Number 340.1749a(2)
Current Rule (2) The elementary resource teacher shall serve not more than 10 students at any one time and not more than 18 different students and shall do either or both of the following:
Rule With Waiver (2) The elementary resource teacher shall serve not more than 15 students at any one time and not more than 30 (or 10 FTE) different students and shall allow the teacher to provide evaluation for 5
County with waiver Bay-Arenac & Coor & Dickinson-Iron & Hillsdale et. al

Rule Number 340.1749a(4)
Current Rule (4) The elementary resource teacher may evaluate regular education students within the same building who are suspected of being handicapped and, therefore, may serve on the initial
multidisciplinary evaluation team. The resource teacher shall be responsible for the evaluation of not more than 2 students at one time. Time shall be allocated to the resource teacher to carry out
Rule With Waiver Eliminate
County with waiver Genesee

R 340.1749b Secondary level resource program.
Rule Number 340.1749b(1)
Current Rule (1) A special education secondary level resource program may be provided by a special education teacher who has 2 years of teaching experience, 1 of which shall be in a special education
classroom. This program is designed for eligible handicapped students who, through individualized educational planning committee determination, need 3 periods or less of their instructional school
day in special education and who need 2 or less of the instruction content areas of language arts,
mathematics, science, and social studies taught solely by the resource teacher.
Rule With Waiver Eliminate
County with waiver Dickinson-Iron

Rule Number 340.1749b(2)
Current Rule (2) A secondary resource teacher shall serve not more than 10 students at any one time and have a caseload of not more than 20 different students and shall do either or both of the following:

Rule With Waiver (2) A secondary resource teacher shall serve not more than 15 students at any one time and have a caseload of not more than 35 different students (maximum 10 FTE) and shall do either or both of the following: (Use 10 FTE instead of head count)
County with waiver Bay-Arenac & Hillsdale & Lewis Cass et. al

Rule Number 340.1749b(3)
Current Rule (3) The secondary resource teacher my provide supplemental instruction to students on his or her caseload who are enrolled in regular education classes. The teacher shall not teach a class and offer tutorial assistance at the same time.
Rule With Waiver Eliminate for non-departmentalized secondary special education programs. Allow resource room teachers, working within a departmentalized system to support special education students who are assigned to another special education teacher's caseload.
County with waiver Holt & Saginaw

R 340.1749c Departmentalization of secondary special education programs.
Rule Number 340.1749c(1)
Current Rule Departmentalization of secondary special education programs. Rule 49c(1) A secondary school with more than 1 special education teacher may departmentalize.
Rule With Waiver Departmentalization of secondary special education programs. Rule 49c(1) Elementary and secondary schools with more than 1 special education teacher may
departmentalize.
County with waiver Eaton

Rule Number 340.1749c(2)
Current Rule (2) Each teacher shall teach only 1 local education agency approved special education course per
Rule With Waiver (2) Each teacher shall teach up to 2 local education agency approved special education course per
County with waiver Calhoun

Rule Number 340.1749c(3)
Current Rule (3) Each teacher may serve more than the students assigned to his or her caseload; however, the total number of students served cannot exceed the combined caseloads of the participating teachers.
Rule With Waiver (3) Each teacher may serve more than the students assigned to his or her caseload; however, the total number of students served cannot exceed the combined caseloads of the participating teachers.
County with waiver Dickinson-Iron

Rule Number 340.1749c(4)
Current Rule (4) Each teacher shall serve not more than an average of 10 students per class period per
Rule With Waiver (4) Each teacher shall serve not more than an average of 15 students per class period
County with waiver Eaton

R 340.1750 Director of special education.
Rule Number 340.1750(2)
Current Rule (2) Each intermediate school district shall employ, or contract for the services of, a full-time director of special education. For the intermediate school district to qualify for reimbursement, the intermediate school district director shall perform such full-time duties as the following:
Rule With Waiver (2) Each intermediate school district shall employ, or contract for the services of, a half time director of special education. For the intermediate school district to qualify for reimbursement, the intermediate school district director shall perform such full-time duties as the following:
County with waiver Iosco

R 340.1756 Severely language impaired classroom programs.
Rule Number 340.1756(1)(b)
Current Rule (1) A public agency may establish classroom programs for severely language impaired persons. Specific requirements for these programs are as follows: (b) The program shall have not more than 10 students in the classroom at any one time, and the teacher shall have responsibility for the educational programming for not more than 15 different students.
Rule With Waiver (1) A public agency may establish classroom programs for severely language impaired persons. Specific requirements for these programs are as follows: (b) The program shall have not more than 12 students in the classroom at any one time with an aide, and the teacher shall have responsibility for the educational programming for not more than 15 different students.
County with waiver Macomb

R 340.1757 Other related educational services for youth placed in juvenile detention facilities.
Rule Number 340.1757(d)(ii)
Current Rule (ii) They have not more than 10 students in a class at any one time.
Rule With Waiver (ii) They have not more than 11 students in a class at any one time.
County with waiver Calhoun

R 340.1758 Classroom programs for the autistic impaired.
Rule Number 340.1758(1)(a)
Current Rule (a) Programs that consist of 1 classroom program for the autistic impaired shall not have more than 5 students and shall be served by a teacher of the autistic. However, programs that consist of
more than 1 classroom may have more than 5 students in a classroom, if the average student-to-teacher-and-aide ratio does not exceed 5 students to 1 teacher and 1 aide. A classroom
Rule With Waiver (a) Programs that consist of 1 classroom program for the autistic impaired shall not have more than 8 students and shall be served by a teacher of the autistic. However, programs that consist of more than 1 classroom may have more than 8 students in a classroom (preschool programs may have no more than 8 students in a classroom at any one time and the teacher shall have responsibility for the educational programming for not more than 14 different students) , if the average student-to-teacher-and-aide ratio does not exceed 8 students to 1 teacher. A classroom with 3 or more students shall have 1 aide, a classroom with 6 or more students shall have 2 aides.
County with waiver Kalamazoo & Midland

R 340.1772 Supervisor of special education; education and experience requirements.
Rule Number 340.1772(2)(c)
Current Rule (2) For temporary approval, a supervisor of special education shall possess all of the following minimum qualifications: (c) Three years of successful experience in special education.
Rule With Waiver Eliminate
County with waiver Eastern UP

R 340.1782 Fully approved teachers of the handicapped; additional requirements.
Rule Number 340.1782(a)
Current Rule (a) Possess a valid Michigan teacher`s certificate.
Rule With Waiver Eliminate for speech and language teachers.
County with waiver Macomb

Rule Number 340.1782(d)
Current Rule (d) Have completed directed student teaching of not less than 8 weeks` duration in the specific area of impairment. Not less than a 180-hour practicum in the specific area of impairment is required for each additional endorsement. Teachers who receive their approval pursuant to this rule after September 1, 1990, shall have completed directed student teaching of not less than 8 weeks`
duration or an equivalent educational experience before being assigned to a classroom program for severely mentally impaired or the severely multiply impaired.
Rule With Waiver (d) Not less than a 180-hour practicum in the specific area of impairment is required for each additional endorsement. Teacherswho receive their approval pursuant to this rule after September 1, 1990, shall have completed directed student teaching of not less than 8 weeks` duration or an equivalent educational experience before being assigned to a classroom program for severely
mentally impaired or the severely multiply impaired.
County with waiver Macomb

Rule Number 340.1782(c)
Current Rule (c) Possess an endorsement in special education that is valid in grades kindergarten through 12. Elementary or secondary endorsements in special education, earned before or after September 1, 1990, shall be valid in grades kindergarten through 12.
Rule With Waiver (c) Possess an endorsement in special education that is valid in grades kindergarten through 12.
County with waiver Wayne

R 340.1786 Teachers of the mentally impaired; special requirements.
Rule Number 340.1786
Current Rule (1) The teacher education program for teachers of the mentally impaired shall include a minimum of 30 semester hours. In addition to the requirements of R 340.1781, the teacher education
program for teachers of students with mental impairments shall include all of the following
Rule With Waiver Waive 2 years of successful teaching and 1 year of supervised professional activities with TMI.
County with waiver Macomb

R 340.1790 Teacher consultants for handicapped persons; approval.
Rule Number 340.1790(a)
Current Rule Teacher consultants for handicapped persons; approval.
Rule 90. In addition to meeting all of the requirements of R 340.1782, a teacher consultant shall meet all of the following requirements for full approval by the state board of education orl its designee:
Rule With Waiver Teacher consultants for handicapped persons; approval. Rule 90. In addition to meeting all of the requirements of R 340.1782, a teacher consultant shall meet all of the following requirements for full approval by the state board of education or its designee:
County with waiver Muskegon

Rule Number 340.1790(b)
Current Rule (b) Recommendation to the department, by letter, by the employing superintendent, or his or her designee, for approval as a teacher consultant. In requesting approval, the superintendent or
designee shall provide satisfactory evidence that the teacher has demonstrated knowledge and competence in all of the following areas: (i) Interpersonal relations. (ii) Consultation skills. (iii) Specialized instructional methods. (iv) Effective time and classroom management techniques. (v) Educational diagnostic techniques. (vi) Problem solving/conflict resolution techniques. (vii) Team planning and implementation processes. (viii) Organizational theory and group dynamcs.
Rule With Waiver Eliminate
County with waiver Montcalm

Rule Number 340.1790(c)
Current Rule (c) Show evidence of a minimum of 3 years of satisfactory teaching experience, not less than 2 years of which shall be in teaching handicapped persons in a special education classroom.
Rule With Waiver (c) Show evidence of a minimum of 3 years of satisfactory teaching experience or 1 year of teaching within special education. (or a Masters Degree in education or a field of study related to
County with waiver Barry & Monroe & Muskegon

R 340.1799 Teachers of the autistic; special requirements.
Rule Number 340.1799
Current Rule Teachers of the autistic; special requirements.
Rule With Waiver Non-autism endorsement in special education certification not required.
County with waiver Macomb

Rule Number 340.1799d
Current Rule The work-study coordinator shall meet all of the following requirements for full approval by the state board of education or its designee: (a) Full approval as a teacher in 1 or more areas of special education. (b) A minimum of 3 years of satisfactory teacher experience in special education, with at least 1 year of teaching in a special education classroom at the secondary level.
Rule With Waiver The work-study coordinator shall meet all of the following requirements for full approval by the state board of education or its designee:
County with waiver Macomb

Position Statement Region IV Parent Advisory Committees May 13, 1999

Macomb County Parent Advisory Committee Position Statement On Legislative Proposals Concerning Special Education March 15, 1999

Oakland Parent Advisory Committee Position Statement on Legislative Proposals Concerning Special Education April 1, 1999

The following report "Application of Waivers to Michigan Rules For Special Education" was generated using data from the Revised Administrative Rules for Special Education and a listing of "Waiver Requests Approved by the State Board of Education (through July 1998)".

Position Statement
Region IV Parent Advisory Committees
May 13, 1999

Macomb County Parent Advisory Committee Position Statement
On Legislative Proposals Concerning Special Education
March 15, 1999

Oakland Parent Advisory Committee Position Statement
on Legislative Proposals Concerning Special Education
April 1, 1999

The following report "Application of Waivers to Michigan Rules
For Special Education" was generated using data from the Revised
Administrative Rules for Special Education and a listing of
"Waiver Requests Approved by the State Board of Education
(through July 1998)".