Clarification regarding Rules 340

							             Talking Points for Various Issues in Special Education
                                   June 2007

Clarification regarding Proposed Changes to Rules 340.1738 and 340.1748


The Michigan Department of Education has received multiple letters concerned that the
Department is eliminating the 230-day program rules due to budget issues. This is not the
case. The proposed rule changes will align with federal regulations.

The current Administrative Rules for Special Education require school districts to offer a
230-day school year. In recent years, most of the programs in the state have received
approval to adjust those requirements. However, even with these adjustments, the rules
appear to limit extended year services (ESY) to certain categories of disabilities.

The federal regulations implementing the Individuals with Disabilities Education Act,
§300.106(3) state that, “… a public agency may not limit extended school year
services to particular categories of disability; or unilaterally limit the type, amount, or
duration of the services.”

Therefore, federal regulations require that extended school year programming be
determined by the individualized education program team and cannot be based on the
category of disability.

Any comments regarding how individualized needs should be considered in determining the
provision of ESY are welcome and can be sent via U.S. Mail, email, or fax to:

  Public Comment, Office of Special Education and Early Intervention Services, Michigan
  Department of Education, P.O. Box 30008, Lansing, MI 48909
  Email: mde-ose@michigan.gov or Fax: 517-373-7504.

If you wish your comments to be considered as official public comment the deadline is
5:00 p.m., July 20, 2007.

              Response to Concerns Regarding “Reduction in Services”

The Michigan Department of Education has received many letters of concern regarding
“reduction in services” for certain age groups of students with disabilities. There are no
proposed rule changes or any impending legislation to reduce the age of eligibility to
students with disabilities ages 21-26 or birth-age 3.

Michigan has a proud history of providing special education services from birth through age
25. The proposed rules currently out for public comment do not change the state mandate
for special education.

                                    ISD Plan Concerns

You have expressed concern regarding proposed modifications to an Intermediate School
District Plan for Special Education (ISD Plan). Rule 340.1832(e) provides the opportunity for
intermediate school districts, local constituent school districts and public school academies
to provide alternative programs and services outside of Part 3 (programs and services) of
Administrative Rules for Special Education for students with disabilities. The final ISD plan
and any modification there after must be signed off by each local school district
superintendent, the ISD superintendent, the chief executive officer of each public school
academy and the chair person of the parent advisory committee signifying their involvement
in the development of the ISD plan. Any of these parties may object to the ISD plan in
whole or in part as described in Rule 340.1836. Procedures for objecting to the ISD Plan
may be found at:

http://www.michigan.gov/mde/0,1607,7-140-6530_6598_7363---,00.html