On October 18, 2011, the Michigan Rules for Special Education Programs and Services and the School Social Worker rules were revised.  Click the link below to see a highlight of some of the revisions and new rules of which you should be aware:
 
340.1721b – Revised and NEW
 
·         Moved most timeline rules to this Section
 
·         Districts now have 10 school days, rather than calendar days, to provide notice and obtain consent to evaluate. The 10 day notice requirement applies to ALL written requests for an evaluation
 
·         Districts must now provide prior written notice within seven school days of an IEP and the notice must document the mode and date of delivery of the notice.
 
·         Revised transfer student language. Districts must now immediately provide FAPE to students with IEPs that transfer to their district during the school year, regardless of parent consent. The decision regarding implementation of an IEP in accordance with the federal rules must be made within 30 days of enrollment. 
340.1721c – Rescinded
·         The language from this rule has been incorporated into rules 340.1721b and 340.1721(e).
340.1721d – Rescinded
·         A portion of this rule has been incorporated into rule 340.1721e. 
340.1721e – Revised
·         Removes superintendent or designee from the convening of the IEP
·         Added measurable annual goals requirement
·         Removed PLAAFP language
·         Removed requirement for IEP Team to consider the need for placement with a special education teacher with a particular endorsement.
·         Imported language from R. 340.1721d: The IEP shall not be restricted to the programs and services available
·         Imported language from 340.1721c(1): It is the responsibility of the resident district to conduct the initial IEP
340.1722 – Revised
·         Removed federal overlap of the continuum of services
·         Imported the IEP implementation requirement from 340.1722(a)(4) (Note: 340.1722a has been rescinded)
·         Revised the language
340.1722a – Rescinded
·         The language from this rule, with revisions, is incorporated in 340.1721b and 340.1722.
340.1722e – Rescinded
·         The language from this rule, with revisions, is incorporated in 340.1721b.
340.1748a – NEW Teacher Consultant Rule
·         Teacher consultants with only an evaluation and consultation assignment should not provide direct services to students
340.1795 – Revised
·         Adds an endorsement with a designation of ZS. ZS designation means both early childhood general education and special education
 
340.1797                  – Revised
 
·         Change from physical education to adapted physical education
·         Change from 9 to 20 semester hours or equivalent hours
·         Recognizes a national certificate – Certified Adapted Physical Educator (“CAPE”). Qualified to teach if CAPE + valid Michigan teaching certificate.
340.1862 – NEW Birth to Three Rules
 
You may access the Revised Rules in the Legal References section of the website.
 
 
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