Mich. Admin. Code (Education) | Michigan Administrative Code — Department of Education

State Tenure Commission State Tenure Commission

R 38.131 to R 38.179 Teacher Tenure General Rules

Mich. Admin. Code R 38.131 Definitions {#sec-r-38.131 omnilex-key=us-mi-regs-official--dept-education--R 38.131}

DEPARTMENT OF EDUCATION

STATE TENURE COMMISSION

STATE TENURE COMMISSION RULES

(By authority conferred on the state tenure commission by section 4 of article IV, section 1 of article VI, and section 10 of article VII of 1937 (Ex. Sess.) PA 4, MCL 38.104, 38.121, and 38.140, and sections 63 and 74 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.263 and 24.274)

PART 1. GENERAL PROVISIONS AND DECLARATORY RULINGS

Rule 1. (1) As used in these rules:

(a) “Act” means 1937 (Ex. Sess.) PA 4, MCL 38.71 to 38.191, which is commonly known as the teachers’ tenure act.

(b) “By mail” means by enclosing in a sealed envelope with first-class mail postage fully prepaid, addressed to the intended recipient, and depositing the envelope in the United States Postal Service system.

(d) “Electronically” means by email or by any other electronic means approved by the commission.

(e) “File” means to submit personally, by mail, or electronically.

(f) “Person” means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind, other than the commission.

(g) “Proof of service” means written acknowledgement of service, the affidavit of the person making service, or other proof satisfactory to the commission.

(h) “Serve on” means to deliver to personally, by mail, or electronically.

(2) The terms defined in the act have the same meanings when used in these rules.

History

History: 1987 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.132 Meetings of commission; hours of commission office {#sec-r-38.132 omnilex-key=us-mi-regs-official--dept-education--R 38.132}

Rule 2. The chairperson of the commission or a majority of its members may call a meeting of the commission. Subject to state holidays, the hours of the office of the commission are 8 a.m. to 5 p.m., Monday to Friday.

History

History: 1979 AC; 2012 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.133 Office of commission {#sec-r-38.133 omnilex-key=us-mi-regs-official--dept-education--R 38.133}

Rule 3. (1)The office of the commission is in the office of the state superintendent of public instruction.

(2) The address of the commission is: State Tenure Commission, Michigan Department of Education, P.O. Box 30008, 608 W. Allegan Street, Lansing, Michigan 48909.

(3)The email address of the commission is: MDE-AdminLaw@michigan.gov.

(4)The telephone number of the commission is: 517-241-6986.

(5) Theweb address of the commission is: www.michigan.gov/mde/services/administrative-law.

History

History: 1979 AC; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.134 Applicable rules, court rules, and contested case requirements {#sec-r-38.134 omnilex-key=us-mi-regs-official--dept-education--R 38.134}

Rule 4. For matters that these rules do not specifically address, R 792.10101 to R 792.10137, the Michigan court rules, and contested case requirements in chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288, apply.

History

History: 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.135 Request for declaratory ruling {#sec-r-38.135 omnilex-key=us-mi-regs-official--dept-education--R 38.135}

Rule 5. (1) An interested person may file a request with the commission to issue a declaratory ruling on how a statute administered by the commission or a rule or order of the commission applies to an actual state of facts.

(2) A request for a declaratory ruling may include a brief and must contain all of the following:

(a) A clear and concise statement of the actual state of facts on which the commission would base a ruling.

(b) A precise statement of the legal question or issue.

(d) The signature of the person making the request.

(e) The name, address, telephone number, and email address of the person making the request.

(3) A person that requests a declaratory ruling shall serve a copy of the request on any other person known by the requesting party to have an interest in the matter and file with the commission a proof of service with the request. The commission may require the person requesting a declaratory ruling to serve the request on any other interested person identified by the commission and file proof of that service.

(4) Not later than 60 days after receiving a request for a declaratory ruling and all proofs of service, the commission shall serve notice on the person that made the request and all other interested persons receiving the request under subrule (3) of this rule either that the commission grants the request or that the commission denies the request.

(5) If the commission denies the request, it shall issue a concise written statement of the legal or factual reasons for denial.

(6) If the commission grants the request, it shall serve notice on all persons identified in subrule (3) of this rule that any interested person may, within the time established by the commission, file with the commission a brief of the legal authority on which the person believes the commission should base the declaratory ruling.

(7) A declaratory ruling must include all of the following:

(a) The actual state of facts on which the commission bases the ruling.

(b) The conclusions of law and the legal authority on which the commission relies for the ruling.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.139 Rescinded {#sec-r-38.139 omnilex-key=us-mi-regs-official--dept-education--R 38.139}

PART 2. APPEAL PROCEDURES

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.141 Representation; appearance; withdrawal {#sec-r-38.141 omnilex-key=us-mi-regs-official--dept-education--R 38.141}

Rule 11. (1) Parties may represent themselves before the commission or an attorney in good standing with the State Bar of Michigan may represent a party.

(2) An attorney who represents a party before the commission shall file a written appearance at the office of the commission. An attorney who has filed an appearance with the commission may withdraw only by order of the administrative law judge or the commission.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.142 Filing of pleadings and other documents; signature {#sec-r-38.142 omnilex-key=us-mi-regs-official--dept-education--R 38.142}

(1) A party or the attorney representing a party shall file all pleadings and other documents with the commission, which shall receive pleadings and other documents in their entirety before the close of business on the last day of the time limit, if any, for the filing. No copies of pleadings are required.

(2) If the commission receives a pleading or other document in whole or in part in the office of the commission after 5 p.m., the commission shall consider it filed on the next business day.

(3) A pleading must include the names of the parties and the signature, address, email address, and telephone number of the party or the attorney representing the party.

(4) The signature of an attorney or party constitutes a certification by the signer of all of the following:

(a) The signer has read the pleading.

(b) To the best of the signer’s knowledge, information, and belief formed after reasonable inquiry, facts and either existing law or a good faith argument for a modification of existing law support the pleading.

(c) The signer is not filing the pleading to harass, to cause unnecessary delay or needless increase in the cost of the proceedings, or for any other improper purpose.

History

History: 1998-2000 AACS; 2012 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.143 Claim of appeal {#sec-r-38.143 omnilex-key=us-mi-regs-official--dept-education--R 38.143}

Rule 13. (1) To contest a controlling board's decision over which the commission has jurisdiction, an appellant shall do both of the following not later than 20 calendar days after receipt of the controlling board's decision and notice of tenure rights:

(a) On or before the close of business on the final day of the 20-day period, file a claim of appeal with the commission.

(b) On or before the close of business on the final day of the 20-day period, serve a copy of the claim of appeal on the controlling board with a statement that the controlling board shall file an answer to the claim of appeal with the commission not later than 10 calendar days after service of the claim of appeal.

(2) A claim of appeal must contain all of the following:

(a) A statement showing that the commission has jurisdiction to consider the claim of appeal, including when and where the appellant earned tenure.

(b) A clear and concise statement in separate numbered paragraphs of specific allegations of fact that reasonably inform the controlling board of the appellant’s claim.

(c) A clear and concise description in separate numbered paragraphs of specific allegations of error that reasonably inform the controlling board of the appellant’s claim.

(d) A statement of the relief requested.

(e) The date of the claim of appeal.

(f) The signature of the appellant or attorney.

(g) The name, address, telephone number, and email address of the appellant or attorney.

(3) A template of a claim of appeal is available at: www.michigan.gov/mde/services/administrative-law.

(4) As applicable, the appellant shall attach to the claim of appeal a copy of the charges and a copy of the written decision of the controlling board.

(5) The appellant shall file with the commission a proof of service showing compliance with subrule (1)(b) of this rule.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.144 Rescinded {#sec-r-38.144 omnilex-key=us-mi-regs-official--dept-education--R 38.144}

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.145 Rescinded {#sec-r-38.145 omnilex-key=us-mi-regs-official--dept-education--R 38.145}

History

History: 1998-2000 AACS; 2012 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.146 Rescinded {#sec-r-38.146 omnilex-key=us-mi-regs-official--dept-education--R 38.146}

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.147 Answer {#sec-r-38.147 omnilex-key=us-mi-regs-official--dept-education--R 38.147}

Rule 17. (1) Not later than 10calendar days after service of a copy of a claim of appeal, an appellee shall file an answer with the commission and serve a copy of the answer on all parties.

(2) An answer must contain a specific admission or denial of each material allegation of fact contained in the claim of appeal and a statement of facts and affirmative allegations on which the appellee relies for defense.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.148 Amendments {#sec-r-38.148 omnilex-key=us-mi-regs-official--dept-education--R 38.148}

Rule 18. The administrative law judge may permit a party to amend a pleading before, during, or after the conclusion of the hearing on terms that are just and consistent with due process.

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.149 Joinder or dismissal of parties and consolidation of cases {#sec-r-38.149 omnilex-key=us-mi-regs-official--dept-education--R 38.149}

Rule 19. In the exercise of discretion, the administrative law judge may order joinder or dismissal of parties or consolidation of cases.

PART 3. MOTION PRACTICE

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.151 Motions, general provisions {#sec-r-38.151 omnilex-key=us-mi-regs-official--dept-education--R 38.151}

Rule 21. (1) A request to the administrative law judge or the commission for an order in a pending action must be by written, signed motion unless made during a hearing before theadministrative law judge. The motion must include the particular grounds on which the moving party bases the motion, citations of supporting authority, the particular relief or order sought, and the signature of the party or the party's attorney. The moving party may file with the motion a supporting brief and affidavits and, if applicable, a request for a hearing date.

(2) At the time a party files a written motion, the party shall serve on the opposing party a copy of the motion and, if filed, the brief, affidavits, and request for a hearing date; and a notice that the rules of the commission require a response to the motion not later than 10 calendar days after service of the motion. The moving party shall file proof of service with the commission.

(3) A party opposing a motion shall file a response not later than 10 calendar days after service of the motion unless the administrative law judge or the commission otherwise orders, serve a copy of the response on the moving party, and file proof of service with the commission. The response must include citations of supporting authority and the signature of the opposing party or attorney and it may include a supporting brief, affidavits, and, if applicable, a request for a hearing date.

(4) The administrative law judge or the commission may limit or dispense with oral arguments on motions.

(5) An affidavit filed under this rule must meet all of the following requirements:

(a) Be made on personal knowledge.

(b) State with particularity facts admissible as evidence establishing or denying the grounds stated in the motion.

(c) Show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated in the affidavit.

(6) The administrative law judge shall set the time, manner, and place for a hearing on a motion. However, the hearing on a motion must not cause a delay in the date for the conclusion of the hearing or in the due dates for exceptions or cross-exceptions as set forth in section 4 of article IV of the act, MCL 38.104.

(7) If the record does not establish the facts necessary for resolution of a motion, the administrative law judge may hear the motion on affidavits or may hear the motion wholly or partly on oral testimony or deposition.

(8) The administrative law judge may direct that a hearing on a motion be held by telephone, by videoconference or other electronic means, or in person in Lansing, Detroit, or the county of the appellee.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.152 Motion for more definite statement {#sec-r-38.152 omnilex-key=us-mi-regs-official--dept-education--R 38.152}

Rule 22. If a claim of appeal or answer does not reasonably inform the opposing party of the nature of the claim or defense, the opposing party may move for a more definite statement. The motion must specify the claimed defects. If a party does not comply with an order granting a motion under this rule within 10 calendar days after the order or within another time established by the administrative law judge, the administrative law judge may strike the challenged claim of appeal or answer or enter an order the administrative law judge deems just.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.153 Rescinded {#sec-r-38.153 omnilex-key=us-mi-regs-official--dept-education--R 38.153}

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.154 Rescinded {#sec-r-38.154 omnilex-key=us-mi-regs-official--dept-education--R 38.154}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 38.155 Motion for summary disposition {#sec-r-38.155 omnilex-key=us-mi-regs-official--dept-education--R 38.155}

Rule 25. (1) A party may move that the administrative law judge enter summary disposition on all or any part of a claim of appeal. The motion must identify which of the following grounds supports the motion:

(a) The appellant has failed to state a claim on which the commission can grant the requested relief.

(b) The controlling board has failed to state a valid defense.

(c) There is no genuine issue as to a material fact except as to the relief and the moving party has the right to judgment as a matter of law.

(d) The commission lacks jurisdiction of the subject matter.

(e) The claim of appeal is untimely.

(f) The claim of appeal cannot proceed because of some other disability of the appellant or other disposition of the claim.

(2) The administrative law judge may consider only the pleadings when the motion for summary disposition is under subrule (1)(a) or (b) of this rule.

(3) A party filing a motion based on subrule (1)(c) of this rule shall file supporting affidavits, depositions, admissions, or other documentary evidence and the motion must specifically identify the issues as to which the moving party believes there is no genuine issue of material fact. When considering a motion under subrule (1)(c) of this rule, the administrative law judge shall consider the supporting documents and the pleadings, depositions, admissions, and documentary evidence then filed in the action or submitted by the parties. If a party makes a motion under subrule (1)(c) of this rule and supports the motion as provided in this subrule, an adverse party may not rest on the mere allegations or denials of the adverse party’s pleadings but shall, by affidavits, depositions, admissions, or other documentary evidence, set forth specific facts showing that there is a genuine issue for hearing. If the adverse party does not respond as required by this subrule, the administrative law judge shall enter summary disposition, if appropriate. The administrative law judge shall enter summary disposition if the pleadings show a party’s entitlement to summary disposition as a matter of law or if the affidavits or other proof shows that there is no genuine issue of fact. If it appears that the opposing party, rather than the moving party, has the right to summary disposition, the administrative law judge may enter summary disposition in the opposing party's favor without a motion.

(4) The administrative law judge may order an immediate hearing on disputed questions of fact and enter summary disposition if the proofs show that the moving party has the right to summary disposition or the administrative law judge may postpone the hearing on the motion until the hearing on the claim of appeal.

(5) If a motion for summary disposition is under subrule (1)(a), (b), or (c) of this rule, the administrative law judge shall give the parties an opportunity to amend the parties’ pleadings unless the evidence before the administrative law judge shows that amendment would be futile.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.156 Motion for adjournment or continuance of hearing {#sec-r-38.156 omnilex-key=us-mi-regs-official--dept-education--R 38.156}

Rule 26. An administrative law judge may grant a request for adjournment or continuance of a hearing for good cause. Any adjournment or continuance is subject to the date for the conclusion of the hearing as set forth in section 4 of article IV of the act, MCL 38.104.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.157 Lack of progress or repeated failure to follow statute or rule {#sec-r-38.157 omnilex-key=us-mi-regs-official--dept-education--R 38.157}

Rule 27. After a party, the administrative law judge, or the commission serves notice on a party of an alleged deficiency and an opportunity to respond or comply within 10 calendar days, the administrative law judge or the commission may dismiss an appeal or deny a discharge or demotion for a party's lack of progress or for a party's repeated failure to comply with the procedures specified in section 4 of article IV of the act, MCL 38.104, or these rules. A party may file a motion to set aside an order under this rule within 10 calendar days after the issuance of the order. The administrative law judge shall not grant a motion to set aside an order under this rule unless the moving party shows good cause and files an affidavit of facts showing a meritorious claim or defense.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.158 Rescinded {#sec-r-38.158 omnilex-key=us-mi-regs-official--dept-education--R 38.158}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 38.159 Rescinded {#sec-r-38.159 omnilex-key=us-mi-regs-official--dept-education--R 38.159}

PART 4. PREHEARING CONFERENCE

History

History: 1998-2000 AACS.

Mich. Admin. Code R 38.161 Scope of prehearing conference {#sec-r-38.161 omnilex-key=us-mi-regs-official--dept-education--R 38.161}

Rule 31. Unless, in the exercise of discretion, the administrative law judge determines that a prehearing conference is unnecessary, the administrative law judge shall direct the parties and the parties’ attorneys to participate in a prehearing conference, either in person, remotely, or by telephone, to do the following:

(a) State and simplify the factual and legal issues involved and consider the amendment of pleadings.

(b) Consider the resolution of motions before hearing, the consolidation of the case with another, admissions of fact and the authenticity of documents, stipulations to the admissibility of evidence, and limitations on the number of witnesses and the nature and extent of the relief demanded.

(d) Determine dates for the exchange of a list of possible witnesses.

(e) Set the date or dates for the hearing.

(f) Discuss the possibility of settlement.

(g) Determine whether and when the parties shall file prehearingbriefs.

(h) Consider all other matters that may aid in the disposition of the claim of appeal.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.162 Prehearing summary {#sec-r-38.162 omnilex-key=us-mi-regs-official--dept-education--R 38.162}

Rule 32. The administrative law judge shall prepare and serve on the parties a summary of the results of the prehearing conference within 5 days after the prehearing conference.

Within 5 days after service of the summary, a party may file objections to the summary with the administrative law judge.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.163 Rescinded {#sec-r-38.163 omnilex-key=us-mi-regs-official--dept-education--R 38.163}

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.164 Rescinded {#sec-r-38.164 omnilex-key=us-mi-regs-official--dept-education--R 38.164}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 38.165 Rescinded {#sec-r-38.165 omnilex-key=us-mi-regs-official--dept-education--R 38.165}

PART 5. HEARINGS, EXCEPTIONS, AND CORRECTION OF MISTAKES

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.171 Rescinded {#sec-r-38.171 omnilex-key=us-mi-regs-official--dept-education--R 38.171}

History

History: 1998-2000 AACS; 2012 AACS; 2020 AACS.

Mich. Admin. Code R 38.172 Conduct of evidentiary hearing {#sec-r-38.172 omnilex-key=us-mi-regs-official--dept-education--R 38.172}

Rule 42. (1) An administrative law judge shall conduct a hearing for the purpose of taking evidence on a claim of appeal.

(2) A party may call, examine, and cross-examine witnesses and introduce into the record documentary or other evidence.

(3) The administrative law judge may admit stipulations of fact into evidence.

(4) A party may make an oral or written objection to the conduct of the hearing, including an objection to the introduction of evidence, and shall describe the grounds for the objection.

(5) The administrative law judge shall apply the rules of evidence that apply in a nonjury civil case in circuit court as far as practicable, but the administrative law judge may admit and give probative effect to evidence of a type on which reasonably prudent people commonly rely.

(6) The administrative law judge may exclude irrelevant, immaterial, or unduly repetitious evidence.

(7) The administrative law judge shall apply the rules of privilege recognized by law.

(8) The administrative law judge may take official notice of judicially cognizable facts and may take notice of general, technical, or scientific facts within the commission's specialized knowledge.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.173 Subpoenas {#sec-r-38.173 omnilex-key=us-mi-regs-official--dept-education--R 38.173}

Rule 43. (1) The administrative law judge shall sign and issue a subpoena to a party requesting it for a witness or documentary or physical evidence. The requesting party shall fill in the subpoena before service.

(2) A subpoena must state the title of the matter and command attendance and testimony or production of documentary or physical evidence at a time and place specified in the subpoena.

(3) A party shall serve a subpoena in the manner prescribed by statute or the Michigan court rules for subpoenas in civil actions unless the administrative law judge allows service in another manner reasonably calculated to give actual notice of the subpoena.

(4) On motion at or before the time specified in a subpoena for compliance, the administrative law judge may quash or modify the subpoena if it is unreasonable or oppressive.

(5) Witnesses subpoenaed before the administrative law judge shall receive the same fees and mileage that witnesses in circuit courts receive. The party at whose request a witness appears shall pay the witness fees and mileage to the witness.

(6) The prevailing party may recover witness fees and mileage as costs if the administrative law judge so directs.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.174 Discovery {#sec-r-38.174 omnilex-key=us-mi-regs-official--dept-education--R 38.174}

Rule 44. There may be discovery by leave of the administrative law judge or stipulation of all parties. A party shall not file a motion for discovery unless the party has requested the discovery unsuccessfully. The parties shall complete all discovery before the commencement of the hearing.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.174a Physical and mental examination {#sec-r-38.174a omnilex-key=us-mi-regs-official--dept-education--R 38.174a}

Rule 44a. (1) If the appellant places the appellant’s mental or physical condition in controversy, the administrative law judge, on motion for good cause with notice to the appellant and all parties, may order the appellant to submit to a physical or mental examination by a physician or other appropriate professional. The order must specify the time, place, manner, conditions, and scope of the examination and the name of the examiner or examiners.

(2) On request of the appellant or the appellant’s attorney, the party who requested the examination under subrule (1) of this rule shall deliver to the appellant or the appellant’s attorney a copy of a detailed written report of the examiner or examiners setting out the findings, including all test results, diagnoses, and conclusions, and all reports on earlier examinations pertaining to the same condition, and make available for inspection all diagnostic aids.

(3) After delivery of the report specified in subrule (2) of this rule, the party who requested the examination shall, on request, receive from the appellant a similar report of any examination previously or subsequently made pertaining to the same condition and shall be allowed a similar inspection of all diagnostic aids.

(4) If an appellant refuses to deliver a report requested under subrule (3) of this rule, the administrative law judge, on motion and notice, may enter an order requiring delivery on just terms. If an examiner refuses or fails to provide a report required under this rule, the administrative law judge may order the examiner to appear for a discovery deposition.

(5) By requesting and obtaining a report on an examination ordered under this rule or by taking the deposition of the examiner, the appellant waives any privilege the appellant may have in the action or another action involving the same controversy regarding the testimony of every other person that has examined or may examine the person as to the same mental or physical condition.

(6) Subrule (2) of this rule applies to an examination made by agreement of the parties, unless the agreement expressly provides otherwise.

(7) Subrule (2) of this rule does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner under any statute or other rule.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.175 Briefs {#sec-r-38.175 omnilex-key=us-mi-regs-official--dept-education--R 38.175}

Rule 45. The administrative law judge may require the parties to file briefs, may limit the length of the briefs, and shall designate the manner of and time for filing and serving the briefs.

History

History: 1998-2000 AACS; 2020 AACS.

Mich. Admin. Code R 38.176 Exceptions, cross-exceptions, and statement in support {#sec-r-38.176 omnilex-key=us-mi-regs-official--dept-education--R 38.176}

Rule 46. (1) Within the time allowed by the act, a party shall file with the commission a statement of exceptions, statement of cross-exceptions, or statement in support of the preliminary decision and order, and supporting brief.

(2) Except by order of the commission, briefs must not exceed 50 double-spaced pages using margins of at least 1 inch and type of at least 12-points, exclusive of tables, indexes, appendices, and title page. Single spacing of quotations and footnotes is permissible.

(3) A brief under this rule must contain, in the following order, all of the following:

(a) A table of contents listing the exceptions or cross-exceptions in the order of presentation, with the page number where the argument related to each exception or crossexception begins in the brief.

(b) An index of authorities listing in alphabetical order all authorities cited, with the page numbers where they appear in the brief.

(d) The argument related to each exception or cross-exception.

(e) The relief requested.

(f) The signature of the party or attorney.

(4) If, on its own initiative or on a party's motion, the commission finds that a brief does not substantially comply with the requirements in this rule, the commission may order the party who filed the brief to file a supplemental brief within a specified time correcting the deficiencies. If the party does not comply with the order, the commission may strike the nonconforming brief.

History

History: 1998-2000 AACS; 2012 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.177 Decision or order {#sec-r-38.177 omnilex-key=us-mi-regs-official--dept-education--R 38.177}

Rule 47. (1) A decision or order of the commission is effective only if a majority of the members of the commission vote in favor of it.

(2) The commission shall serve a written decision or order on the parties or the parties’ attorneys.

History

History: 1998-2000 AACS; 2020 AACS; 2026 MR 1, Eff. Jan. 22, 2026.

Mich. Admin. Code R 38.178 Rescinded {#sec-r-38.178 omnilex-key=us-mi-regs-official--dept-education--R 38.178}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 38.179 Correction of mistakes {#sec-r-38.179 omnilex-key=us-mi-regs-official--dept-education--R 38.179}

Rule 49. The commission may correct clerical mistakes in judgments, orders, or other parts of the record and mistakes arising from oversight or omission at any time on its own initiative or, after notice, on motion of a party.

History

History: 1998-2000 AACS; 2020 AACS.

Superintendent of Public Instruction Superintendent of Public Instruction

R 340.1 to R 340.18 School District Pupil Accounting for Distribution of State Aid

Mich. Admin. Code R 340.1 Definitions {#sec-r-340.1 omnilex-key=us-mi-regs-official--dept-education--R 340.1}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL DISTRICT PUPIL ACCOUNTING FOR DISTRIBUTION OF STATE

AID (By authority conferred on the superintendent of public instruction by sections 1281 and 1284 of 1976 PA 451, MCL 380.1281, MCL 380.1284, sections 6, 13, and 101 of 1979 PA 94, MCL 388.1606, MCL 388.1613 and MCL 388.1701, and Executive Reorganization Orders Nos. 1996-6 and 1996-7, MCL 388.993 and 388.994)

Rule 1. As used in these rules:

(a) "Attendance" means the presence of a pupil on scheduled school days under the guidance and direction of a certificated teacher either at or away from school.

(b) "Count date" means the pupil membership count day pursuant to section 6(7) of 1979 PA 94, MCL 388.1606(7) and the supplemental pupil count pursuant to section 6a of 1979 PA 94, MCL 388.1606a.

(c) "Early college high school" or "middle college" means a public high school designed to allow a pupil to earn a high school diploma and an associate's degree or up to 2 years of transferable college credits.

(d) "Enroll" or "register" means the act of a pupil appearing in person at a school at any time during the current school term with an intent to attend the school. This enrollment or registrative process of entrance constitutes the act of becoming a pupil of the school district.

A pupil unable to appear in school due to physical incapacity or illness, attested to by a physician or equivalent licensed authority, may be enrolled by an agent of the school district who personally contacts the pupil.

(e) "Online learning" means a structured learning activity that utilizes technology with intranet or internet-based tools and resources as the delivery method for instruction, research, assessment, and communication.

(f) "School district" or "district" means "district" as defined under section 3 of 1979 PA 94, MCL 388.1603.

History

History: 1979 AC; 2008 AACS.

Mich. Admin. Code R 340.2 Pupils to be counted in membership {#sec-r-340.2 omnilex-key=us-mi-regs-official--dept-education--R 340.2}

Rule 2. (1) To be counted in membership on the count dates, a pupil shall be enrolled and in regular daily attendance in the school district and maintain such status of enrollment on the count day as provided by statute or these rules.

(2) A pupil who is enrolled and in attendance in a district prior to the count day, but is not in attendance in the district on the count day and is enrolled and in attendance in another district on the count day, shall not be counted in the former district but shall be counted in the membership in the latter district.

(3) A pupil who is enrolled and in attendance on the count day in more than 1 district shall be counted on a pro rata basis based upon the time of attendance in each district on the count day.

(4) A pupil who is enrolled part-time in more than 1 district on the count day shall be counted in membership pursuant to R 340.7.

(5) A pupil who is enrolled in more than 1 district with a full-time schedule in each district and is in attendance in more than 1 such district on the count day shall be counted in membership in each district on a pro rata basis based upon the time of attendance in each district on the count day.

(6) A part-time pupil who is enrolled in a class that is part of a series of classes, but who is enrolled in less than the full series of classes, such as a pupil enrolled in 1 class in a series of 3 6-week classes, shall be counted for the class on a pro rata basis. The calculation of the full-time equivalency for that class shall be equal to the number of hours for which the class is scheduled divided by the number of hours for which a full-time equated pupil is scheduled.

(7) The membership of a pupil who is regularly enrolled in the public schools while in attendance at religious instruction classes for not more than 2 class hours per week, off public school property during school hours upon written request of the parent, guardian, or person in loco parentis, is not affected by such released time.

(8) A foreign student or a foreign exchange student residing in the district may be counted in membership as provided by these rules. A foreign student or foreign exchange student residing in the district who has met the age requirements and has not obtained a high school diploma pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4) may be counted in membership.

(9) A pupil whose residence is within the boundaries of the school district or whose residence for educational purposes is prescribed by law to be within the school district may be counted in membership. A pupil who is 18 years of age or older may establish his or her own residence for educational purposes.

(10) A pupil whose residence is in another school district, if the enrolling district has the approval of the resident district to count the pupil in membership or the pupil meets 1 of the conditions under section 6(4) or section 6(6) of 1979 PA 94, MCL 388.1606(4) or 388.1606(6), may be counted in membership.

(11) A homebound or hospitalized pupil receiving instruction as a result of a medical condition under section 109 of 1979 PA 94, MCL 388.1709, from either the district the pupil is enrolled in or the intermediate school district in a non-special education homebound program may be counted in membership if both of the following provisions are satisfied:

(a) A minimum of 2 45-minute periods of individualized instruction per week are given.

(b) The instruction is provided by a certificated teacher.

(12) An eligible special education pupil who is receiving homebound or hospitalized instruction from either the district in which the pupil is enrolled or the intermediate school district pursuant to R 340.1746 may be counted in membership.

(13) A pupil receiving home-based instruction (in the pupil's home or otherwise apart from the general school population) as a result of a mandatory suspension or expulsion under sections 1311(2) or 1311a of 1976 PA 451, MCL 380.1311(2) or MCL 380.1311a, from either the district in which the pupil is enrolled or the intermediate school district, may be counted as a full-time equated pupil in membership if all of the following are met:

(a) A minimum of 2 nonconsecutive hours of individualized instruction is given per week under the supervision of a certificated teacher.

(b) The instruction is provided by a certificated teacher in a 1-to-1 environment.

(c) Instructional materials, resources, and supplies, except computers, are comparable to those provided in the district's alternative education program.

(d) Course content is comparable to that of the alternative education program.

(e) Credit earned is awarded to the pupil and placed on the pupil's transcript.

(f) Virtual learning or online learning may be used to supplement the pupil instructional time requirement. The district shall comply with the virtual learning requirements under R 340.11. The teacher shall be in weekly contact with the pupil to assess the pupil's progress.

(g) Postsecondary dual enrollment under R 340.17 may be used to supplement the pupil instructional time requirement of subrule (13)(a) of this rule.

(14) A pupil receiving instruction in an alternative education program or strict discipline academy as a result of a mandatory suspension or expulsion under sections 1311(2) or 1311a of 1976 PA 451, MCL 380.1311(2) or MCL 380.1311a, from either the district in which the pupil is enrolled or the intermediate school district, may be counted in membership.

(15) A pupil receiving home-based instruction (in the pupil's home or otherwise apart from the general school population) as a result of disciplinary action that is not a mandatory suspension or expulsion under section 1311(2) or 1311a of 1976 PA 451, MCL 380.1311(2) and MCL 380.1311a, from either the district the pupil is enrolled or the intermediate school district, may be counted in membership on a pro rata basis pursuant to section 6(4)(u) of 1979 PA 94, MCL 388.1606(4)(u) if all of the following are met:

(a) A minimum of 2 nonconsecutive hours of pupil instruction is given per week under the supervision of a certificated teacher.

(b) Instructional materials, resources, and supplies, except computers, are comparable to those provided in the district's alternative education program.

(d) Credit earned is awarded to the pupil and placed on the pupil's transcript.

(e) Virtual learning or online learning may be used to supplement the pupil instructional time requirement. The district shall comply with the virtual learning requirements under R 340.11. The teacher shall be in weekly contact with the pupil to assess the pupil's progress.

(f) Postsecondary dual enrollment under R 340.17 may be used to supplement the pupil instructional time requirement in subrule (15)(a) of this rule and may be used in the calculation of a pupil's full-time equated membership.

(16) A pupil whose parents live on land in this state over which the federal government has exclusive jurisdiction may be included in membership in the school district which the pupil attends and shall be counted as a tuition pupil. However, if the land has been attached to a school district as prescribed by law, then the pupil is a resident of the district entitled to all the educational rights and privileges of other resident children.

(17) A pupil placed in a state institution by the pupil's parent or legal guardian shall be counted in membership as a resident of the educating school district or intermediate school district.

(18) A student with a disability, as defined in R 340.1702 to R 340.1717, who is enrolled in regular daily attendance and who is receiving instruction in a school district or intermediate school district operating a special education program approved by the department of education, may be counted in membership.

(19) A pupil who is a homeless child under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq., may be counted in membership.

(20) A nonpublic or home school pupil may enroll in nonessential elective courses in grades 1 to 12 in a district and be counted for the purposes of membership on a pro-rata basis pursuant to section 166b of 1979 PA 94, MCL 388.1766b. All of the following apply:

(a) Nonessential elective courses include, but are not limited to, band, art, music, drama, computer technology, life skills, career and technical education, physical education, driver's education and advanced placement level courses. A district shall not enroll a nonpublic or home school pupil in essential courses.

(b) Essential courses include, but are not limited to mathematics, reading, English, social studies, science, writing, the constitution of the United States, the constitution of the state of Michigan, and the history and present form of civil government of the United States, the state of Michigan, and the political subdivisions and municipalities of the state of Michigan.

(c) For membership purposes, a nonpublic or home school pupil may enroll in a special education resource and categorical program classroom that provides support and not core curriculum.

History

History: 1979 AC; 1984 AACS; 2008 AACS.

Mich. Admin. Code R 340.3 Pupils not to be counted in membership {#sec-r-340.3 omnilex-key=us-mi-regs-official--dept-education--R 340.3}

Rule 3. Pupils not to be counted in membership on the count date include all of the following:

(a) A pupil who moves out of the district before the count date unless otherwise provided by statute or these rules.

(b) A pupil who is a resident of another school district or resident of another state or foreign country unless otherwise provided by statute or these rules.

History

History: 1979 AC; 1984 AACS; 2008 AACS.

Mich. Admin. Code R 340.4 Schools of choice {#sec-r-340.4 omnilex-key=us-mi-regs-official--dept-education--R 340.4}

Rule 4. (1) A nonresident pupil who is enrolled on the count date pursuant to sections 105 or 105c of 1979 PA 94, MCL 388.1705 or MCL 388.1705c may be counted in membership.

(2) For the district to enroll and count a nonresident pupil who is eligible for special education programs and services in membership pursuant to section 105c of 1979 PA 94, MCL 388.1705c, the district shall have a written agreement pursuant to section 105c(19) of 1979 PA 94, MCL 388.1705c(19).

(3) A pupil who becomes eligible for special education programs and services after the pupil has been enrolled and attending a nonresident district pursuant to section 105c of 1979 PA 94, MCL 388.1705c may be counted in membership if the district obtains a written agreement pursuant to section 105c(19) of 1979 PA 94, MCL 388.1705c(19). If a written agreement cannot be obtained, then the pupil shall not be counted in membership beginning on the next count date following the determination of eligibility for special education.

History

History: 1979 AC; 1984 AACS; 2008 AACS.

Mich. Admin. Code R 340.5 Rescinded {#sec-r-340.5 omnilex-key=us-mi-regs-official--dept-education--R 340.5}

History

History: 1979 AC; 1984 AACS; 2008 AACS.

Mich. Admin. Code R 340.6 Rescinded {#sec-r-340.6 omnilex-key=us-mi-regs-official--dept-education--R 340.6}

History

History: 1979 AC; 2008 AACS.

Mich. Admin. Code R 340.7 Computation of membership {#sec-r-340.7 omnilex-key=us-mi-regs-official--dept-education--R 340.7}

Rule 7. (1) The computation of a full-time equivalency shall comply with sections 6(4), 6(8), 51a, 101, 109, 163a and 166b of 1979 PA 94, MCL 388.1606(4), MCL 388.1606(8), MCL 388.1651a, MCL 388.1701, MCL 388.1709, MCL 388.1763a and MCL 388.1766b.

(2) A part-time pupil in membership on the count dates is counted in the amount computed on the pro rata basis provided in statute or these rules.

(3) Except as provided in subrule (2) of this rule, a pupil enrolled in and attending classes in more than 1 school district on the count day shall be counted as a part-time member by each school district. The part-time membership shall be equal to the number of hours scheduled and enrolled in each district divided by the total number of hours scheduled and enrolled in all districts. However, if the total number of hours scheduled and enrolled in all districts is less than the number of hours specified in section 101(3) of 1979 PA 94, MCL 388.1701(3), the part-time memberships shall be equal to the number of hours scheduled and enrolled in each district divided by the number of hours specified in section 101(3) of 1979 PA 94, MCL 388.1701(3).

(4) For a pupil receiving instruction in both a public school academy and in a district or intermediate district, the membership shall be calculated pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4).

(5) A pupil shall attend each of the classes in which the pupil is enrolled on the pupil membership count dates in order to have that class time used in the calculation of the pupil's full-time equivalency pursuant to section 6(8) of 1979 PA 94, MCL 388.1606(8).

To calculate full-time equivalency, attendance shall be taken on a class-by-class basis for a high school pupil or for any other pupil who passes from class to class individually, not as an entire class. In addition, pupils enrolled in a program with a block schedule shall be accounted for on a class-by-class basis. For classes on a pupil's schedule not scheduled on the count date, attendance is required on the day immediately following the count date on which the classes are scheduled.

(6) A pupil with an excused absence on the count date who attends each class within 30 calendar days shall have that class time used in the calculation of the pupil's fulltime equivalency. A pupil with an unexcused absence who was in attendance prior to the count date and attends class within 10 school days shall have that class time used in the calculation of the pupil's full-time equivalency. A pupil who was suspended or expelled who was in attendance prior to the count date and attends class within 45 calendar days shall have that class time used in the calculation of the pupil's full-time equivalency.

(7) An eligible pupil enrolled and attending an eligible postsecondary institution pursuant to 1996 PA 160, MCL 388.511 to MCL 388.524 or 2000 PA 258, MCL 388.1901 to MCL 388.1913 shall comply with the requirements of R 340.17 and R 388.151 to R 388.155.

The pupil may be considered a full-time equated pupil if 1 of the following is met:

(a) The combined number of classes that the pupil is enrolled in and attending at the high school and at an eligible postsecondary institution equals the number of scheduled classes per day at the high school necessary to reach the minimum required hours for a full-time pupil. Actual hours of instruction do not need to be computed.

(b) The combined number of classes that the pupil is enrolled in and attending at the high school and at an eligible postsecondary institution equals the number of scheduled classes per day at the high school necessary to meet the minimum instructional time requirements of a reduced schedule. Actual hours of instruction do not need to be computed.

(c) The sum of the actual instruction hours a pupil is enrolled in at the high school and at an eligible postsecondary institution and the number of hours of travel time meet the minimum number of hours required to meet a reduced schedule.

(8) A pupil enrolled and attending an early college high school or middle college who is enrolled in postsecondary courses may be considered a full-time equated pupil if 1 of the following is met:

(d) The pupil shall meet the postsecondary institution's definition of a full-time college pupil.

History

History: 1979 AC; 1984 AACS; 2008 AACS.

Mich. Admin. Code R 340.8 Rescinded {#sec-r-340.8 omnilex-key=us-mi-regs-official--dept-education--R 340.8}

History

History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 340.9 Rescinded {#sec-r-340.9 omnilex-key=us-mi-regs-official--dept-education--R 340.9}

History

History: Rescinded 1954 ACS 92, Eff. Aug. 3, 1977.

Mich. Admin. Code R 340.10 Pupil instructional time {#sec-r-340.10 omnilex-key=us-mi-regs-official--dept-education--R 340.10}

Rule 10. (1) To qualify for state aid without penalty a school district shall provide at least the number of hours of pupil instruction in each school year as required under section 101 of 1979 PA 94, MCL 388.1701.

(2) A district may count time toward the minimum pupil instructional hour requirement in a particular building, program, or grade level, without penalty, if all of the following are met:

(a) Pupils and certificated teacher or teachers are present and engaged in instruction.

(b) Instruction is scheduled and available for the entire pupil membership in a particular building, program, or grade level.

(c) The course generates credit toward the pupil's high school diploma or grade progression. Subrules 3(b) to 3(h) of this rule are exempt from this requirement. In addition, a pupil enrolled in and attending a high school and a postsecondary institution who elects not to earn high school credit for the postsecondary course is exempt from this requirement.

(3) A district may also count time toward the minimum pupil instructional hour requirement in a particular building, program, or grade level, without penalty, for any of the following:

(a) Instructional time that is part of a junior reserve officer training corps (JROTC) program in grades 7 to 12 pursuant to section 101(7) of 1979 PA 94, MCL 388.1701(7).

(b) A non-subject course such as seminar, achievement hour, or focused instructional time that is academic in nature and includes activities such as tutoring, mentoring, or advising, with a pupil to teacher ratio that is within the range of the regular academic courses for the building, but not greater that 35 pupils to 1 teacher.

(d) Not more than 2 study hall periods if supervised by a certificated teacher and the district provides at least 90 additional hours of pupil instruction than the number of hours of pupil instruction required under section 101 of 1979 PA 94, MCL 388.1701.

(e) A maximum of 30 minutes per day of passing time between class periods unless the building administrator demonstrates the need for additional passage time. Passing time to the first class period and from the last class period shall not be counted. Only 1 passing time to or from lunch may be counted.

(f) The breakfast period and lunch period shall not be counted.

(g) Recess of a reasonable duration may be counted if supervised by a certificated teacher.

Passing time to or from the bus at the beginning or end of the school day shall not be counted for recess. The total number of minutes of recess that may be counted if supervised by a certificated teacher shall not exceed 30 minutes each school day.

(h) Travel time may be counted pursuant to R 340.10a.

(4) A pupil who has completed graduation requirements shall be deemed to have complied with this rule for the hours of instruction scheduled after completing the graduation requirements for the school year in which the graduation requirements are met.

History

History: 1979 AC; 1984 AACS; 1988 AACS; 2008 AACS.

Mich. Admin. Code R 340.10a Travel time; instructional time {#sec-r-340.10a omnilex-key=us-mi-regs-official--dept-education--R 340.10a}

Rule 10a. (1) A pupil in grades 9 to 12 who is enrolled in a cooperative education program or a special education pupil who cannot meet the minimum required hours of pupil instruction due to the actual travel time between instructional sites may count up to 3 hours of travel time per week toward the minimum required hours.

(2) A district that can document that the actual travel time between the instructional sites for a pupil in subrule (1) of this rule exceeds 3 hours per week may apply to the department for a waiver to count additional travel time toward the minimum required hours of pupil instruction.

(3) A pupil whose actual instructional time plus the actual travel time does not equal the minimum hours of pupil instruction required for a full-time equated membership is ineligible to count any travel time.

(4) A pupil who is also enrolled in a postsecondary institution shall not be considered to be less than a full-time pupil if the actual travel time between the secondary institution and the educating district is the sole reason the pupil cannot enroll in the number of courses necessary to be a full-time equated membership.

History

History: 2008 AACS.

Mich. Admin. Code R 340.11 Virtual learning, online learning or computer courses; distance learning; postsecondary dual enrollment virtual learning; self-scheduled virtual learning {#sec-r-340.11 omnilex-key=us-mi-regs-official--dept-education--R 340.11}

Rule 11. (1) Virtual learning or online learning is a nontraditional method of receiving pupil instruction for courses that are taken through online learning or otherwise on a computer or other technology. Virtual learning may be offered at the district during the day as a scheduled class period or through distance learning, enrollment at a community college or university, or self-scheduled virtual learning.

(2) Virtual learning, online learning or computer courses provided during the school day as part of the pupil's class schedule shall meet the following requirements to count these pupils in membership:

(a) The pupil shall meet pupil membership eligibility requirements pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4).

(b) The course shall be approved by the board of education of a school district or board of directors of a public school academy.

(d) The pupil is in attendance in the building and in regular daily attendance pursuant to section 6(8) of 1979 PA 94, MCL 388.1606(8).

(e) There is no limit on the number of computer or internet courses that can be counted in membership for the pupil. A certificated teacher of record shall be in the classroom.

However, if there is no certificated teacher, the pupil is limited to no more than 2 computer or internet courses taken on-site with an adult present who is not a certificated teacher.

A mentor certificated teacher employed by the school district shall be assigned.

(f) The course shall be counted in the same manner as any other in-school course.

(3) Distance learning is provided via 2-way communication between the teacher of record and a group of pupils over a computer or television monitor, even though the teacher is physically remotely located from the pupils. The following requirements shall be met to count these pupils in membership:

(a) The pupil shall meet pupil membership eligibility requirements pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4).

(b) The course shall be approved by the board of education of a school district or board of directors of a public school academy.

(d) A certificated teacher and pupil shall be assigned to the distance learning course during the regular school day and shall appear on the pupil's class schedule. An adult shall be present in the classroom. If the distance learning course is provided through a cooperative agreement with another district(s), the certificated teacher shall be an employee of a school district that is part of the cooperative agreement.

(e) There is no limit on the number of distance learning courses that can be counted in membership for the pupil.

(f) The course shall be counted in the same manner as any other in-school course.

(4) A virtual learning course taken through a community college or university pursuant to R 340.17 shall meet all of the following:

(a) The pupil shall meet membership eligibility requirements pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4).

(b) The pupil shall be concurrently enrolled and attending at least 1 course offered by the district in which credit is earned and regular attendance is required.

(c) There is no limit on the number of virtual learning courses taken through a community college or university that can be counted in membership for the pupil.

(5) A self-scheduled virtual learning course taken at a pupil's self-scheduled time and place with no regular daily attendance shall meet all of the following:

(a) The pupil shall meet membership eligibility requirements pursuant to section 388.6(4) of 1979 PA 94, MCL 388.1606(4).

(b) The pupil shall be concurrently enrolled and attending on the pupil membership count day or the supplemental count day pursuant to section 6(8) of 1979 PA 94, MCL 388.1606(8) during the class time designated for the course on the pupil's class schedule.

(c) The course shall be approved by the board of education of a school district or board of directors of a public school academy.

(d) The course shall generate credit toward the pupil's high school diploma or grade progression.

(e) The teacher of record shall be identified.

(f) An on-site mentor shall be assigned to the pupil who shall be available for assistance and to monitor the pupil's progress. The on-site mentor shall be a certificated teacher employed by the school district.

(g) Each course shall count as 1 course on the pupil's class schedule and shall generate that portion of a full-time equivalency membership that a comparable course offered by the district would generate.

(h) The district shall pay any associated tuition charges for the course(s) similar to the tuition requirement for postsecondary dual enrollment pursuant to section 21b of 1979 PA 94, MCL 388.1621b.

(i) Not more than 2 of these courses may be used in the computation of a full-time equivalency on each of the count days.

(j) The district may adopt additional requirements for pupils enrolled in these courses.

History

History: 1979 AC; 1987 AACS; 2008 AACS.

Mich. Admin. Code R 340.12 Independent study {#sec-r-340.12 omnilex-key=us-mi-regs-official--dept-education--R 340.12}

Rule 12. (1) Independent study is a learning experience that is academic in nature that allows a pupil an opportunity for self-directed learning. The following requirements shall be met to count these pupils in membership:

(a) The pupil shall meet membership eligibility requirements pursuant to section 6(4) of 1979 PA 94, MCL 388.1606(4).

(b) The pupil is enrolled in grades 9 to 12.

(c) The pupil shall be concurrently enrolled and attending on the pupil membership count day or the supplemental count day pursuant to section 6(8) of 1979 PA 94, MCL 388.1606(8) during the class time designated for the course on the pupil's class schedule.

(d) The course shall be approved by the board of education of a school district or board of directors of a public school academy.

(e) The course shall generate credit toward the pupil's high school diploma or grade progression.

(g) Each course shall count as 1 course on the pupil's class schedule and shall generate that portion of a full-time-equivalency membership that a comparable course offered by the district would generate.

(h) Not more than 2 of these courses may be used in the computation of a full-time equivalency on each of the count days.

(i) The district may adopt additional requirements for pupils enrolled in these courses. In addition, a district may choose not to offer these courses or to place greater restrictions on the pupils, or on the courses offered.

(2) Independent study shall not include in-district placement under R 340.14(3).

History

History: 1979 AC; 2008 AACS.

Mich. Admin. Code R 340.13 Learning labs {#sec-r-340.13 omnilex-key=us-mi-regs-official--dept-education--R 340.13}

Rule 13. (1) A learning lab is 1 method a district may use to deliver academic instruction to pupils. The teacher may provide instruction in more than 1 subject during the class period. Multiple levels of a subject may be taught in the same class period. The following requirements shall be met to count these pupils in membership:

(a) If the learning lab is the only means of providing instruction to an entire group of pupils such as an alternative education program, then that learning lab shall meet the minimum required hours of pupil instruction or obtain a department approved waiver to operate fewer than the minimum required hours of pupil instruction pursuant to section 101 of 1979 PA 94, MCL 388.1701.

(b) The course shall be approved by the board of education of a school district or the board of directors of a public school academy.

(d) A certificated teacher shall be scheduled for and present in the learning lab.

(e) Attendance shall be taken by the pupil signing in and signing out of the learning lab.

The certificated teacher scheduled for those hours shall sign a printed attendance sheet during the count period.

(f) The learning lab shall be part of the pupil's class schedule for a specified time slot.

A pupil shall not generate a greater portion toward 1.0 full-time equivalency for each course than would be generated in a normal class setting.

(g) The pupil shall attend all scheduled classes or hours on the count date or during the count week. Only those hours scheduled and attended during the count week shall be used in the computation of a pupil's full-time equivalency. A pupil with an unexcused absence during the count week may be counted if the pupil attended classes prior to the count date and attended all hours scheduled in 1 week within 10 school days after the official count date. A pupil with an excused absence during the count week may be counted if the pupil attended all hours scheduled in 1 week within 30 calendar days after the official count date.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

Mich. Admin. Code R 340.14 Experiential learning courses {#sec-r-340.14 omnilex-key=us-mi-regs-official--dept-education--R 340.14}

Rule 14. (1) A pupil enrolled in an "experiential learning course" may be counted in membership if all of the following are met:

(a) The pupil is enrolled in grades 9 to 12.

(b) The course is taught by a certificated teacher.

(c) The primary responsibility of the certificated teacher of the course is teaching the pupil(s) during the course time frame. The certificated teacher shall not be concurrently teaching another course.

(d) The pupil is given a grade and credit based on assessment.

(e) Attendance is taken and documented.

(f) The course with identified content standards and expectations is approved by the board of education of a school district or board of directors of a public school academy. In addition, the board of education shall approve learning objectives that relate to the board approved curriculum and course, outlining content standards and expectations, and shall be progressive in nature. The learning objectives shall not be limited to general employability skills, such as punctuality and developing good work habits.

(g) The course is not used solely as the 1 course requirement for eligibility to participate in postsecondary dual enrollment.

(h) The pupil is limited to 1 experiential learning course per semester.

(i) The pupil shall not replace a regular employee.

(j) The course is a combination of instruction and direct experience.

(2) Experiential learning courses that may be counted in membership include, but are not limited to, the following:

(a) A library assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.

(b) A teacher assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy in which a pupil learns teaching techniques and how to tutor or mentor other students. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.

(c) A physical education teacher assistant course that is curriculum based and approved by the board of education of a school district or board of directors of a public school academy. Pupils receive a syllabus, are given tests and quizzes, and the course is graded, rather than pass or fail.

(3) Experiential learning courses that shall not be counted in membership include, but are not limited to, the following:

(a) The pupil is enrolled in grades other than 9 to 12.

(b) A teacher's aide who is assigned to perform basic tasks such as photocopying, delivering and retrieving messages, taking attendance, or running errands.

(d) A cafeteria aide who is assigned to perform basic tasks, such as washing tables or other errands.

(e) An office aide.

(f) A nurse's aide.

(4) An in-district placement under R 340.15 or R 340.16 is not an experiential learning course.

(5) A pupil receiving special education services may participate, as appropriate, in an experiential learning course designed for general education pupils. The pupil shall meet all the requirements of this rule.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

Mich. Admin. Code R 340.15 Work-based learning experiences {#sec-r-340.15 omnilex-key=us-mi-regs-official--dept-education--R 340.15}

Rule 15. (1) A "work-based learning experience" means a learning experience that is coordinated by a district through a training agreement with an employer providing a paid or unpaid educational experience relating to school instruction that may be offered as part of the pupil's schedule. This experience is not part of a work-based learning experience related to a state-approved career and technical education program under R 340.16. A pupil who participates in a paid or unpaid work-based learning experience may be counted in membership if all of the following are met:

(a) The pupil is enrolled in grades 9 to 12.

(b) The experience is monitored by a designated certificated teacher.

(d) Federal and state regulations regarding the employment of minors shall be followed.

(e) The work-based learning experience shall not generate more than ½ of the pupil's total full-time equivalency.

(f) The employment of the pupil shall not exceed the maximum hours set by the district.

(g) The district shall have a written training agreement in place by the pupil membership count date. The training agreement shall include all of the following:

(i) Pupil's personal information including name, home address, telephone number(s), birth date, and emergency contact information.

(ii) School's name, address, telephone number, and contact person.

(iii) Employer's name, address, telephone number, and contact person.

(iv) A list of employer, school, and pupil responsibilities.

(v) Beginning and ending dates of the agreement.

(vi) The daily hours to be worked that include beginning and ending times.

(vii) Beginning rate of pay, if work-based learning experience is paid.

(viii) Verification of appropriate safety instruction provided by the school district or the employer may also be included in the training plan defined in subrule (1)(h) of this rule.

(ix) Verification that employer has worker's disability compensation and general liability insurance.

(x) The signatures of the principal or his or her designee, certificated teacher or coordinator, pupil, parent or legal guardian, and training station supervisor (employer). If the training agreement and training plan are combined into 1 document, only 1 set of signatures is required.

(xi) Statement of assurance signed by the employer that pupils will not be discriminated against on the basis of race, color, religion, national origin, sex, age, or disability.

(xii) A district statement of assurance of compliance with federal laws relating to discrimination.

(h) The district shall have a written training plan in place by the pupil membership count date. The training plan shall include all of the following:

(i) Verification by the certificated teacher that the pupil's career or education goals as outlined in the pupil's education development plan relate to this placement.

(ii) A list of performance elements or job skills that contribute to the pupil's progress toward a career objective. The performance elements or job skills shall be used to assess the pupil's progress.

(iii) Identification of academic course(s) that generate credit towards a high school diploma in which the pupil is currently or previously enrolled that relates to and prepares the pupil for job placement.

(iv) Signatures of the principal or his or her designee, certificated teacher or coordinator, pupil, parent or legal guardian, and training station supervisor (employer). If the training agreement and training plan are combined into 1 document, only 1 set of signatures is required.

(i) The employer or coordinator shall maintain and verify records of the pupil's attendance throughout the duration of the training agreement.

(j) A certificated teacher shall develop a regular visitation plan, after first visiting the employer to establish the training site, that includes at least 1 site visit every 9-week period.

(2) In addition to the requirements for paid and unpaid work-based learning experiences for pupils, the following requirements apply to unpaid work-based learning experiences:

(a) The training shall not be for more thana total of 45 hours per specific training experience.

(b) The work experience shall occur during scheduled classroom time, unless an exception is documented. For exceptions, the training plan and agreement shall reflect the alternate hours and a certificated teacher shall be available to monitor this experience during the pupil's training hours.

(3) A pupil receiving special education services may participate, as appropriate, in a workbased learning experience designed for general education pupils. The pupil shall meet all the requirements of this rule.

(4) A state-approved career and technical education program work-based learning experience shall comply with R 340.16.

(5) In addition to subrules (1) to (4) of this rule, a special education work-based learning experience shall comply with R 340.1733(i) related to instruction and worksite visitation by a district employed certificated teacher.

(6) A work-based learning experience shall not include in-district placement unless either of the following applies:

(a) It is a work-based learning experience related to a state-approved career and technical education program under R 340.16.

(b) It is directly related to the postsecondary career and employment goals and objectives in the pupil's transition services plan developed for a pupil receiving special education services.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

Mich. Admin. Code R 340.16 Work-based learning experiences; state-approved career and technical education programs {#sec-r-340.16 omnilex-key=us-mi-regs-official--dept-education--R 340.16}

Rule 16. (1) A "work-based learning experience related to a state-approved career and technical education program" means a learning experience related to a state-approved career and technical education program that is coordinated by a district through a training agreement with an employer providing an educational experience relating to school instruction that may be offered as part of the pupil's schedule. A state-approved career and technical education program is a secondary career and technical education program that is approved by the department for the purposes of determining eligibility to receive added cost funding pursuant to section 61a of 1979 PA 94, MCL 388.1661a.

(2) A pupil who participates in a paid work-based learning experience related to a stateapproved career and technical education program (capstone) may generate added cost funding pursuant to section 61a of 1979 PA 94, MCL 388.1661a and may be counted in membership if all of the following are met:

(a) The pupil is enrolled in a state-approved career and technical education program in grades 11 and 12.

(b) The experience is monitored by a vocationally certificated teacher or vocationally certificated coordinator employed by the school district.

(d) The work-based learning experience shall not generate more than ½ of the pupil's total full-time equivalency, not to exceed .5.

(e) The employment of the pupil shall not exceed the maximum hours set by the district.

(f) The pupil has successfully completed at least 6 of the 12 segments of the stateapproved career and technical education program.

(g) The pupil shall attend at least 1 40-minute session per week taught by a vocationally certificated teacher or coordinator in either of the following:

(i) The related state-approved career and technical education classroom.

(ii) A district-approved educational course, with academic objectives, related to the pupil's career and educational goals.

(h) The pupil is employed not less than an average of 10 hours per week during the effective time of the training agreement.

(i) The district shall have a written training agreement pursuant to subrule (6) of this rule.

(j) The district shall have a written training plan pursuant to subrule (7) of this rule.

(k) The district shall comply with subrules (8), (9), (10), and (11) of this rule.

(3) A pupil who participates in an unpaid work-based learning experience related to a state-approved career and technical education program may generate added cost funding pursuant to section 61a of 1979 PA 94, MCL 388.1661a and may be counted in membership if all of the following are met:

(a) The pupil is enrolled in a state-approved career and technical education program in grades 11 and 12.

(b) The experience is monitored by a vocationally certificated teacher or coordinator employed by the school district.

(d) The training shall not be more than a total of 45 hours per specific training experience.

(e) The work experience shall occur during scheduled classroom time, unless an exception is documented. For exceptions, the training plan and agreement shall reflect the alternate hours and a vocationally certificated teacher or coordinator shall be available to monitor this experience during the pupil's training hours.

(f) The district shall have a written training agreement pursuant to subrule (6) of this rule.

(g) The district shall have a written training plan pursuant to subrule (7) of this rule.

(h) The district shall comply with subrules (8), (9), (10), and (11) of this rule.

(4) A pupil who participates in an in-district unpaid work-based learning experience related to a state-approved career and technical education program may generate added cost funding pursuant to section 61a of 1979 PA 94, MCL 388.1661a and may be counted in membership if all of the following are met:

(a) The pupil is enrolled in a state-approved career and technical education program in grades 11 and 12.

(b) A list of state-recognized career and technical education programs eligible for indistrict placement shall be established by the department.

(c) The work-based learning experience shall not generate more than ½ of the pupil's total full-time equivalency, not to exceed .5.

(d) The experience is monitored by a vocationally certificated teacher or coordinator employed by the school district.

(e) The pupil is eligible to receive credit towards a high school diploma for the workbased learning experience.

(f) The training shall not be for more than a total of 45 hours per specific training experience.

(g) The district shall have an in-district placement agreement by the pupil membership count date. The in-district placement agreement shall include all of the following:

(i) Pupil's personal information including name, home address, telephone number(s), birth date, and emergency contact information.

(ii) Beginning and ending dates of the placement.

(iii) The daily hours to be worked that include beginning and ending times.

(iv) A list of school and pupil responsibilities.

(v) Verification of appropriate safety instruction provided by the school district.

(vi) The signatures of the principal or his or her designee, vocationally certificated teacher or coordinator, pupil, and parent or legal guardian.

(vii) The program serial number of the related state-approved career and technical education program.

(h) The district shall have a training plan pursuant to subrule (7) of this rule.

(i) The district shall comply with subrules (8), (9), (10), and (11) of this rule.

(5) An unpaid state-approved career and technical education less-than-class-size program provides an opportunity to pupils who, because of unique circumstances, do not have a program available through a regular state-approved career and technical education program. A pupil who participates in an unpaid work-based learning experience that is a less-than-class-size program may generate added cost funding pursuant to section 61a of 1979 PA 94, MCL 388.1661a and may be counted in membership if all of the following are met:

(a) The pupil is enrolled in grades 11 and 12.

(b) Notification of the program is received by the department on the Friday after the pupil count date.

(d) The pupil is eligible to receive credit towards a high school diploma for the workbased learning experience.

(e) The program shall be established for a time period as defined in the program standards for the career and technical education program (i.e., a minimum of either 7,200 minutes or 14,400 minutes).

(f) Instruction for pupils shall be provided by approved less-than-class-size vocationally annually-authorized personnel under the jurisdiction of the employer.

(g) The program shall have not more than 4 pupils per vocationally annually-authorized personnel per instructional site in the same time period.

(h) The district shall have a written training agreement pursuant to subrule (6) of this rule.

(i) The district shall have a written training plan pursuant to subrule (7) of this rule.

(j) The district shall comply with subrules (8), (9), (10), and (11) of this rule.

(6) The district shall have a written training agreement in place by the pupil membership count date. The training agreement shall include all of the following:

(a) Pupil's personal information including name, home address, telephone number(s), birth date, and emergency contact information.

(b) School's name, address, telephone number and contact person.

(d) A list of employer, school, and pupil responsibilities.

(e) Beginning and ending dates of the agreement.

(f) The daily hours to be worked that include beginning and ending times.

(g) Beginning rate of pay, if paid work-based learning experience.

(h) Verification of appropriate safety instruction provided by the school district or the employer may also be included in the training plan.

(i) Verification that employer has worker's disability compensation and general liability insurance.

(j) The signatures of the principal or his or her designee, vocationally certificated teacher or coordinator, pupil, parent or legal guardian, and training station supervisor (employer).

If the training agreement and training plan are combined into 1 document, only 1 set of signatures is required.

(k) Statement of assurance signed by the employer that pupils will not be discriminated against on the basis of race, color, religion, national origin, sex, age or disability.

(l) A district statement of assurance of compliance with federal laws relating to discrimination.

(7) The district shall have a written training plan in place by the pupil membership count date. The training plan shall include all of the following:

(a) Verification by the vocationally certificated teacher or coordinator that the pupil's career or educational goals as outlined in the pupil's education development plan relate to this placement.

(b) A list of performance elements established by the department that contribute to the pupil's progress toward a career objective. The performance elements shall be used to assess the pupil's progress.

(b) Signatures of the principal or his or her designee, vocationally certificated teacher or coordinator, pupil, parent or legal guardian, and training station supervisor (employer). If the training agreement and training plan are combined into 1 document, then only 1 set of signatures is required.

(8) The employer or vocationally certificated teacher or coordinator shall maintain and verify records of the pupil's attendance throughout the duration of the training agreement or in-district placement agreement.

(9) A vocationally certificated teacher or coordinator shall develop a regular visitation plan, after first visiting the employer to establish the training site, that includes at least 1 site visit every 9-week period.

(10) Federal and state regulations regarding the employment of minors shall be followed.

(11) A pupil receiving special education services may participate, as appropriate, in a work-based learning experience in a state-approved career and technical education program designed for pupils attending state-approved career and technical education programs. The pupil shall meet all the requirements of this rule.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

Mich. Admin. Code R 340.17 Postsecondary dual enrollment {#sec-r-340.17 omnilex-key=us-mi-regs-official--dept-education--R 340.17}

Rule 17. (1) A district shall comply with the requirements of the postsecondary dual enrollment options act of 1996 PA 160, MCL 388.511 to MCL 388.524 and the career and technical preparation act of 2000 PA 258, MCL 388.1901 to MCL 388.1913 and R 388.151 to R 388.155.

(a) The district shall pay any associated tuition charges for the course(s) for postsecondary dual enrollment pursuant to section 21b of 1979 PA 94, MCL 388.1621b.

(2) The postsecondary dual enrollment options act and the career and technical preparation act do not prohibit a district from supporting any pupil regardless of eligibility under those acts. A district may elect to support college level courses or career preparation courses for any pupil if it is in the best interest of the pupil.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

Mich. Admin. Code R 340.18 Waiver {#sec-r-340.18 omnilex-key=us-mi-regs-official--dept-education--R 340.18}

Rule 18. Upon application by a district, the superintendent of public instruction may grant to the district a limited time waiver from these rules pursuant to section 380.1281 of 1976 PA 451, MCL 380.1281.

History

History: Rescinded 1954 ACS 77, Eff. Oct. 12, 1973; 2008 AACS.

R 340.241 to R 340.243 Fees for Transporting Pupils to or from Nonmandatory and Noncredit Events

Mich. Admin. Code R 340.241 Definitions {#sec-r-340.241 omnilex-key=us-mi-regs-official--dept-education--R 340.241}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

FEES FOR TRANSPORTING PUPILS TO OR FROM NONMANDATORY

AND NONCREDIT EVENTS

(By authority conferred on the superintendent of public instruction by section 10(b) of 1964 PA 287, MCL 388.1010(b); section 9 of 1990 PA 187, MCL 257.1809; section 1332 of 1976 PA 451, MCL 380.1332; and Executive Reorganization Orders 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. As used in R 340.242:

(a) “Noncredit event” means an activity that pupils are not required to attend in order to receive full credit for a prescribed course of study or to earn a higher grade in a particular course.

(b) “Nonmandatory event” means an activity in which pupils are engaged of their own volition and that does not in any way affect promotion from grade to grade or high school graduation.

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.242 Calculation of charge {#sec-r-340.242 omnilex-key=us-mi-regs-official--dept-education--R 340.242}

Rule 2. The board of education of a school district may collect a fee for transporting district pupils to or from nonmandatory and noncredit events sponsored by the school district. The fee charged to each pupil must not exceed the pupil’s pro rata share of the expenses for the trip involved. The board of education of a school district shall calculate each pupil’s pro rata share of the trip expenses by adding all of the following costs and dividing the total by the number of pupils to be transported:

(a) The cost per mile for the travel of the school bus multiplied by the number of miles to be traveled on the trip.

(b) The increased cost of insurance necessary because of the trip.

(c) The actual cost of the salary of drivers for the trip, including the time spent driving, waiting for pupils to board and leave the bus, and waiting for pupils at the trip destination.

(d) The actual cost of the salary of attendants and chaperones employed for supervision of pupils during the trip.

(e) The trip expenses of drivers, attendants, and chaperones, including lodging, meals, necessary telephone calls, and gratuities.

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.243 Reduced charge or free passage {#sec-r-340.243 omnilex-key=us-mi-regs-official--dept-education--R 340.243}

Rule 3. Although a school district may charge costs of transportation as determined in R 340.242, it is not required to make any charge or to make a full charge. A school district may permit free passage to pupils unable to pay the charge.

History

History: 1979 AC.

R 340.281 to R 340.282 Transportation of Nonpublic Schoolchildren

Mich. Admin. Code R 340.281 Transporting pupils within district only; exceptions; private car {#sec-r-340.281 omnilex-key=us-mi-regs-official--dept-education--R 340.281}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

TRANSPORTATION OF NONPUBLIC SCHOOL CHILDREN

(By authority conferred on the superintendent of public instruction by section 1322 of 1976 PA 451, MCL 380.1322; and Executive Reorganization Order No. 1996-7, MCL 388.994)

Rule 1. (1) All of the following apply if a school district transports pupils within the district but does not transport public school pupils outside the district, other than students with a disability:

(a) The school district may transport resident nonpublic school pupils to points within the district for transportation out of the district to state-approved nonpublic schools.

(b) The school district may transport resident nonpublic school pupils to points within the district for re-transportation within the district to state-approved nonpublic schools.

(c) If the shortest public route of travel of a school bus transporting both resident public and resident nonpublic school pupils requires the school bus to travel from 1 part of the district through a portion of another district back into the district, the school district may transport nonpublic schoolchildren to and from the point along the regular route nearest or most accessible to a state-approved nonpublic school in the other district.

(d) The board of education of the school district shall not establish the attendance areas of nonpublic schools.

(e) The board of education of the school district shall request in writing from stateapproved nonpublic school officials the information necessary for planning for the transportation of nonpublic schoolchildren. The nonpublic school officials shall furnish the information requested in writing.

(f) The board of education of the school district shall establish bus routes, bus time schedules, and school bus policies for all pupils transported.

(g) The board of education of the school district shall review with state-approved nonpublic school officials prior to opening of schools the bus routes, bus time schedules, and school bus policies established. The board of education may modify the bus routes, bus time schedules, and bus policies.

(h) The board of education of the school district may contract for transportation by private car for transportation of schoolchildren within the district whenever the board of education determines that the cost is excessive for transportation by bus of children living in locations isolated from their schools.

(2) As used in this rule, “private car” means a privately owned vehicle with a passenger capacity, including the driver, of 10 or less.

History

History: 1979 AC; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 340.282 Transporting resident pupils to schools outside district; private car {#sec-r-340.282 omnilex-key=us-mi-regs-official--dept-education--R 340.282}

Rule 2. (1) All of the following apply if a school district transports any of its resident pupils, other than students with a disability, to schools outside of the district:

(a) Whenever a school district transports resident pupils from grades closed or not operated in the district to a school or schools outside of the district, it shall also transport resident nonpublic school pupils in the same grades to state-approved nonpublic schools outside of the district, at least to the distance of the public schools located outside of the district and in the same general direction.

(b) The board of education of the school district may contract for transportation by private car for transportation of schoolchildren outside the district whenever the board of education determines that the cost is excessive for transportation by bus of children living in locations isolated from their schools.

(2) As used in this rule, “private car” means a privately owned vehicle with a passenger capacity, including the driver, of 10 or less.

History

History: 1979 AC; 2012 AACS; 2018 AACS.

R 340.291 to R 340.295 Auxiliary Services for Nonpublic Schoolchildren

Mich. Admin. Code R 340.291 Definitions {#sec-r-340.291 omnilex-key=us-mi-regs-official--dept-education--R 340.291}

DEPARTMENT OF EDUCATION

STATE BOARD OF EDUCATION

AUXILIARY SERVICES FOR NONPUBLIC SCHOOLCHILDREN

(By authority conferred on the state board of education by section 622 of Act No. 269 of the Public Acts of 1955, as added by Act No. 343 of the Public Acts of 1965, being S340.622 of the Michigan Compiled Laws)

Rule 1. As used in section 622 and these rules:

(a) "School district" means both local and intermediate school districts.

(b) "Shall provide" means shall make available.

(c) "Equal basis" means that the services shall be made available at the nonpublic school to nonpublic schoolchildren during the established regular public school day. The proportionate share of services provided to children attending nonpublic schools shall be based upon a formula which considers the number of children attending nonpublic school in a school district that need such services in relation to the number of children attending public school in such school district that need such services and are receiving them.

(d) "In attendance in the elementary and high school grades at nonpublic schools" means that a public school district providing any of the services to its resident children in attendance within the district shall provide the same and equal services to nonpublic children in attendance within the school district boundaries.

(e) "Nonpublic school" means a school not operated by the public school district which nonpublic school is providing instruction in the elementary or secondary grades, or both, to pupils regularly enrolled in compliance with compulsory education laws in this state.

History

History: 1979 AC.

Mich. Admin. Code R 340.292 Auxiliary services description {#sec-r-340.292 omnilex-key=us-mi-regs-official--dept-education--R 340.292}

Rule 2. Auxiliary services include the following:

(a) Health and nursing services and examinations consist of all those activities in the field of physical and mental health which are not direct instruction and consist of medical, dental, psychiatric and nurse services in the nature of examination, evaluation, and diagnosis which shall be provided for children enrolled in school and for children in anticipation of their enrollment for the first time.

(b) Street crossing guard service consists of the employment of a person whose responsibility is the safety of children at street crossings.

(c) National defense education act testing services shall be in accordance with sections 270 and 272 of Act No. 269 of the Public Acts of 1955, as amended, being SS340.270 and 340.272 of the Michigan Compiled Laws, and pursuant to section 503A, Title V, Public Law 85-864.

(d) Speech correction services, visiting teacher services for delinquent and disturbed children, school diagnostician services for all mentally handicapped children, teacher counselor services for physically handicapped children, and teacher consultant services for mentally handicapped or emotionally disturbed children shall be in accordance with Act No. 269 of the Public Acts of 1955, as amended, being SS340.1 to 340.984 of the Michigan Compiled Laws, and Act No. 312 of the Public Acts of 1957, as amended, being SS388.611 to 388.652 of the Michigan Compiled Laws, and pursuant to administrative rules.

(e) Remedial reading services consist of the provision of remedial reading instruction to small groups of pupils who have a demonstrated need for such services in other than a regular class and the provision of teacher consultant assistance services to classroom teachers who have pupils with reading problems.

History

History: 1979 AC.

Mich. Admin. Code R 340.293 Notices {#sec-r-340.293 omnilex-key=us-mi-regs-official--dept-education--R 340.293}

Rule 3. A school district providing any of these auxiliary services shall notify in writing, no later than April 1 of each school year, each of the nonpublic schools within its district as to the nature and extent of such services as contained in its proposed budget. Within 30 days after receipt of such notice, nonpublic schools shall in writing notify the district as to the services that will be needed for nonpublic schoolchildren. A school district shall confirm in writing no later than August 1 of each school year to each of the nonpublic schools within its district the nature and extent of such services as contained in its final budget as adopted by the school district board of education. Notification for the 1965-66 school year shall be made as soon as possible after the effective date of these rules.

History

History: 1979 AC.

Mich. Admin. Code R 340.294 Advisory committee {#sec-r-340.294 omnilex-key=us-mi-regs-official--dept-education--R 340.294}

Rule 4. The board of education of a school district providing any of these auxiliary services may appoint an auxiliary services advisory committee. The membership of this committee shall be broadly representative from public and nonpublic schools and charged with the responsibility for making recommendations relative to implementation of section 622 and to evaluate and suggest modifications as evidence becomes available.

History

History: 1979 AC.

Mich. Admin. Code R 340.295 Modification of rules {#sec-r-340.295 omnilex-key=us-mi-regs-official--dept-education--R 340.295}

Rule 5. Modification of these rules upon request in writing by a school district may be made by the state board of education, upon such terms and conditions as it shall specify, when in its judgment there is a case of hardship and the best interests of children are served.

History

History: 1979 AC.

R 340.481 to R 340.489 Boarding School Licenses

Mich. Admin. Code R 340.481 Licenses {#sec-r-340.481 omnilex-key=us-mi-regs-official--dept-education--R 340.481}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

BOARDING SCHOOL LICENSES

(By authority conferred on the superintendent of public instruction by section 1335 of 1976 PA 451, MCL 380.1335, and Executive Reorganization Orders 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. (1) Upon receipt of an application, the superintendent of public instruction may issue an annual license to operate a boarding school for a license year beginning September 1 of the year of application and ending August 31 of the following year.

(2) The superintendent of public instruction shall issue a regular license to a boarding school that meets all of the requirements for licensing. A newly licensed boarding school shall be issued a provisional license for its first school year. Thereafter, based upon an onsite review, the boarding school shall be issued either a regular or a conditional license.

(3) The superintendent of public instruction shall issue a conditional license when a currently licensed boarding school does not meet all of the requirements for a regular license.

(4) A boarding school shall not begin initial operation with a conditional license.

(5) The superintendent of public instruction shall not issue to a boarding school a second consecutive conditional license if the cause of the issuance of the first conditional license has not been rectified. A boarding school shall not be issued a third consecutive conditional license.

(6) The license issued shall be displayed in a conspicuous place in the boarding school.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.482 Rescinded {#sec-r-340.482 omnilex-key=us-mi-regs-official--dept-education--R 340.482}

History

History: 1979 AC; 2005 AACS.

Mich. Admin. Code R 340.483 Health standards and services; criminal history and records checks {#sec-r-340.483 omnilex-key=us-mi-regs-official--dept-education--R 340.483}

Rule 3. As a requisite for licensing, a boarding school shall meet all the following requirements:

(a) Compliance with the standards of health established by the director of the department of health and human services for child care institutions in accordance with the requirements of 1973 PA 116, MCL 722.111 to 722.128, and with health regulations established by local government agencies having jurisdiction over the locale of the boarding school.

(b) Provision of medical or psychological services as may be needed by the enrolled students and as are normally provided for similar student bodies by public schools.

However, a boarding school shall provide for, at all times, adequate emergency medical services.

(c) Upon an offer of initial employment to an individual for any position, submission to the department of state police of a request for a criminal history check and a criminal records check through the federal bureau of investigation in the same manner as required by sections 1230 and 1230a of 1976 PA 451, MCL 380.1230 and 380.1230a.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.484 Educational requirements {#sec-r-340.484 omnilex-key=us-mi-regs-official--dept-education--R 340.484}

Rule 4. The educational program of a boarding school, as a requisite for licensing, shall meet 1 of the following requirements:

(a) A boarding school shall be fully accredited by a national association recognized by the department of education, including but not limited to, the following:

(i) North Central Association.

(ii) An accrediting organization that is a member of the commission on accreditation of the National Association of Independent Schools, including the Independent Schools Association of the Central States.

(b) A boarding school that is not fully accredited by a national association recognized by the department of education shall meet all of the following:

(i) The educational program of a boarding school shall be consistent with state standards for content, teaching, and learning. The appraisal of the educational program shall be made by professional staff members of the department of education or by other professional educators as the superintendent of public instruction may designate. Appraisal of the program shall include factors such as the broad curriculum goals, courses of study, course content, instructional materials, and library resources. In determining whether the program is consistent with state standards, recognition may be given to the special purpose, function, or objectives of the boarding school.

(ii) A boarding school shall provide a program for students with disabilities that meets the requirements of federal and state law.

(iii) A teacher in a boarding school shall be qualified to teach in the same manner as a teacher in a nonpublic day school. Other boarding school staff whose function is the determination or execution of educational policy shall meet such legal requirements as are required of similar personnel in a public school.

(iv) A boarding school shall provide a staff that is appropriate to the needs of the student body. The staff shall be of sufficient size to provide adequate supervision of the student body on a 24-hour-a-day basis.

(v) A boarding school shall maintain records of educational progress of its students as are normally provided by public schools. These records shall be maintained and retained as required by the retention schedule prescribed for like records in public schools. Disclosure of such records is subject to section 2165 of 1961 PA 236, MCL 600.2165. Upon dissolution of a boarding school, a copy of the pupil records shall be forwarded to the department of education.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.485 Physical facilities {#sec-r-340.485 omnilex-key=us-mi-regs-official--dept-education--R 340.485}

Rule 5. The physical facilities of a boarding school, as a requisite for licensing, shall meet all the following requirements:

(a) Buildings used for any purpose shall be in compliance with the requirements of 1937 PA 306, MCL 388.851 to 388.855a, and 1972 PA 230, MCL 125.1501 to 125.1531.

(b) Cooking, eating, and food handling are subject to approval by the health agency having jurisdiction. Living-recreational areas, exclusive of sleeping quarters, shall be provided at approximately 30 square feet per student and shall be appropriately furnished.

A single sleeping-living unit shall not have an occupancy of more than 4 children or contain less than 50 square feet per child.

(c) A boarding school shall provide for the isolation of children with infections or contagious diseases not requiring hospitalization.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.486 Initial license {#sec-r-340.486 omnilex-key=us-mi-regs-official--dept-education--R 340.486}

Rule 6. Before accepting students for its initial enrollment, a boarding school shall apply for, and shall have received, a provisional license to operate a boarding school from the superintendent of public instruction in the following manner:

(a) The application shall be submitted to the superintendent of public instruction on or before May 1 preceding the September enrollment date or at least 120 days before the enrollment date if it is other than a September date.

(b) The following documents must accompany the application or be submitted at least 90 days before enrollment:

(i) A certificate of occupancy from the department of licensing and regulatory affairs for all buildings.

(ii) A report from the appropriate health department approving the facility for health and sanitation purposes.

(iii) A report of the educational programs to ensure consistency with state standards and benchmarks.

(iv) A personnel report indicating all personnel, their functions, and their qualifications.

(c) A provisional license may be issued to a boarding school only if it meets all of the requirements for a regular license or can give evidence that it will meet all requirements for a regular license not later than 20 days before the proposed enrollment date

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.487 Subsequent licenses {#sec-r-340.487 omnilex-key=us-mi-regs-official--dept-education--R 340.487}

Rule 7. A licensed boarding school shall apply annually for a license in the following manner:

(a) Not later than September 2 of the current license year, the department of education shall transmit to a licensed boarding school an application for the reissuance of a license.

(b) Not later than October 15, the boarding school may submit the application for the reissuance of a license to the department of education. The application shall include a personnel report indicating the qualifications of each member of the teaching staff.

(c) The boarding school may be asked to submit reports of periodic appraisals of its plant, facilities, program, and practices by appropriate educational, health, safety, and welfare agencies as requested by the superintendent of public instruction or his or her authorized representative. The department of education shall review the boarding school's programs to ensure consistency with state standards and benchmarks.

(d) Not later than January 15, the superintendent of public instruction shall notify the boarding school of the class of license for which the school qualifies at that time. If a conditional license is indicated, the superintendent of public instruction shall specify the factors responsible for that class license.

(e) The license for a boarding school shall be reissued not later than June 15 of each year.

An applicant school receiving a January 15 notice of conditional license status may submit evidence to alter this status before June 15. If such evidence cannot be presented before June 15, the boarding school may request that its application for license be reexamined, but the corrective action required to remove the conditional status must be taken in the license year.

(f) Not later than January 15 and on June 15, the superintendent of public instruction shall notify a licensed boarding school that its application for reissuance of its license under this rule is denied.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.488 Denial and suspension of licenses; closing of nonlicensed schools {#sec-r-340.488 omnilex-key=us-mi-regs-official--dept-education--R 340.488}

Rule 8. (1) The superintendent of public instruction may deny an application for a license or an application for reissuance of a license under these rules or, for the reasons set forth in this rule, may suspend a license.

(2) If the superintendent of public instruction denies an application for a license or an application for reissuance of a license, he or she shall notify the school and shall order it to close and to cease operation beyond the existing license date. Upon receipt of such notification, a boarding school shall not continue its efforts to enroll students and a licensed school shall not continue the enrollment of students beyond the existing license date.

(3) A boarding school denied a license or reissuance of a license may request reexamination of its application by presenting evidence that it will meet regular licensing requirements at least 60 days before the beginning of its school year.

(4) An appeal of the order of denial shall be filed with the department of education. The superintendent of public instruction shall hear and determine the appeal (5) The superintendent of public instruction may suspend the license of a boarding school at any time a condition develops that represents a serious and immediate threat to the health, safety, or welfare of the children attending the school. A notification to suspend a license shall be issued in writing by the superintendent of public instruction to the person responsible for conducting the boarding school, and the superintendent of public instruction shall order the school to close and to cease operation. The person responsible for conducting the boarding school shall have 24 hours from the time of the receipt of the notification to fulfill its requirements. The license may be reinstated upon receipt of written information by the superintendent of public instruction that the condition that caused the suspension of the license has been corrected.

History

History: 1979 AC; 2005 AACS; 2015 AACS.

Mich. Admin. Code R 340.489 Recognition of civil rights {#sec-r-340.489 omnilex-key=us-mi-regs-official--dept-education--R 340.489}

Rule 9. (1) A licensed boarding school shall comply with civil rights provisions of section 2 of article I and section 29 of article V of the state constitution of 1963 and with antidiscrimination laws of this state.

(2) A licensed boarding school shall not exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student with respect to terms, conditions, advantages, facilities, benefits, privileges, or services because of his or her religion, race, color, or national origin.

(3) This rule does not prohibit a religious or denominational educational institution from limiting admission, or giving preference, to applicants of the same religion or denomination or from making a selection of applicants that is calculated by the institution to promote the religious principles for which it is established or maintained.

History

History: 1979 AC; 2015 AACS.

R 340.851 to R 340.857 Financial Accounting Systems for Public Schools

Mich. Admin. Code R 340.851 Applicability {#sec-r-340.851 omnilex-key=us-mi-regs-official--dept-education--R 340.851}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

FINANCIAL ACCOUNTING SYSTEMS FOR PUBLIC SCHOOLS

(By authority conferred on the superintendent of public instruction by section 1281 of 1976 PA 451, MCL 380.1281, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. All school districts, public school academies, and intermediate schooldistricts shall maintain complete financial accounting records in accordance with these rules.

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.852 Charts of accounts {#sec-r-340.852 omnilex-key=us-mi-regs-official--dept-education--R 340.852}

Rule 2. All school districts, public school academies, and intermediate school districts shall use the charts of accounts approved and published by the department of education.

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.853 Systems of accounting {#sec-r-340.853 omnilex-key=us-mi-regs-official--dept-education--R 340.853}

Rule 3. All school districts, public school academies, and intermediate school districts shall adopt the systems of accounting required by the department of education.

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.854 Rescinded {#sec-r-340.854 omnilex-key=us-mi-regs-official--dept-education--R 340.854}

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.855 Rescinded {#sec-r-340.855 omnilex-key=us-mi-regs-official--dept-education--R 340.855}

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.856 Rescinded {#sec-r-340.856 omnilex-key=us-mi-regs-official--dept-education--R 340.856}

History

History: 1979 AC.

Mich. Admin. Code R 340.857 Rescinded {#sec-r-340.857 omnilex-key=us-mi-regs-official--dept-education--R 340.857}

History

History: 1979 AC.

Mich. Admin. Code R 340.1001 Definitions {#sec-r-340.1001 omnilex-key=us-mi-regs-official--dept-education--R 340.1001}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL SOCIAL WORKER CERTIFICATION CODE

(By the authority conferred on the superintendent of public instruction by sections 1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703, and Executive Reorganization Order No. 1996-7, MCL 388.994)

Rule 1. (1) As used in these rules:

(a) “Accredited” means accredited by an accreditation agency recognized by the Council for Higher Education Accreditation or by the United States Department of Education.

(b) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, unless otherwise indicated.

(c) “Approved school social worker preparation program” means a state-approved program in an institution that prepares school social workers, or their equivalent, in accordance with the state law of the program’s location.

(d) “Department” means the department of education, unless otherwise indicated.

(e) “Education-related professional learning” means an educational opportunity that improves a school social worker’s practice and capacity to perform the work within the profession of education that is 1 or more of the following:

(i) Satisfactory college semester credit hours at an accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours.

(ii) State continuing education clock hours.

(iii) Michigan annual district provided professional development hours.

(f) “Individualized education program” means a program described in R 340.1721e.

(g) “Listed offense” means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(h) “Michigan annual district provided professional development” means Michigan annual district provided professional development as required by sections 1526 and 1527 of the act, MCL 380.1526 and 380.1527.

(i) “Out-of-state” means of a political subdivision of the United States, other than this state, of a federally recognized Native American tribe, or of a foreign country or a political subdivision of a foreign country.

(j) “School social worker credential” means 1 of the following issued under these rules:

(i) Preliminary school social worker certificate.

(ii) Professional school social worker certificate.

(iii) School social worker permit.

(k) “State board” means the Michigan state board of education.

(l) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

(m) “Valid” means within the time period of the credential and not suspended, revoked, rescinded, or nullified.

(2) A term defined in the act has the same meaning when used in these rules.

History

History: 1979 AC; 2024 AACS.

Rule 2. (1) An individual who provides social work services, either as an employee of a public school or on a contractual basis in a public school, to students with disabilities whose individualized education programs require social work services shall hold a valid school social worker credential issued under these rules.

(2) Issuance of a school social worker credential under these rules constitutes approval for purposes of R 340.1799f.

(3) Only an individual who holds a valid school social worker credential under these rules shall use the title of school social worker.

(4) A public school may support a social worker position with funds under the Individuals with Disabilities Education Act, 20 USC 1400 to 1482,and state statutes governing funding for special education programs and services only if the position is held by an individual who holds a valid school social worker credential issued under these rules and only for the portion of time the individual provides social work services to 1 or more students with disabilities whose individualized education programs require social work services.

(5) Except as provided in these rules regarding placement of individuals who provide social work services to students with disabilities whose individualized education programs require social work services, these rules do not prohibit a public school from employing, contracting with, or otherwise using the services of a licensed social worker who does not hold a valid school social worker credential issued under these rules.

History

History: 1979 AC; 2024 AACS.

Rule 3. (1) The superintendent of public instruction may issue a preliminary school social worker certificate to an applicant who pays the applicable evaluation fee and who meets all of the following requirements at the time of application:

(a) Holds an earned master of social work degree, or its equivalent or higher, from an accredited college or university.

(b) Completed an approved school social worker preparation program.

(c) Completed a minimum of a 500-clock-hour supervised social work practice that reflects and supports state standards for the preparation and practice of school social workers.

(d) Holds a valid limited master’s social worker license (LLMSW) or valid master’s social worker license (LMSW) issued by the department of licensing and regulatory affairs.

(2) The superintendent of public instruction may issue 1 renewal of a preliminary school social worker certificate to an applicant who pays the applicable evaluation fee if both of the following requirements are satisfied at the time of application:

(a) The applicant holds a valid LLMSW or valid LMSW issued by the department of licensing and regulatory affairs.

(b) During the validity of the initial preliminary school social worker certificate, an individual who held a valid professional school social worker certificate issued under these rules or a valid full approval under former R 340.1012 supervised the applicant while the applicant provided social work services to students with disabilities whose individualized education programs required those services.

(3) The superintendent of public instruction shall issue no more than 1 renewal of a preliminary school social worker certificate.

History

History: 1979 AC; 2024 AACS.

Rule 4. (1) The superintendent of public instruction may issue a professional school social worker certificate to an applicant who pays the applicable evaluation fee and who meets all of the following requirements at the time of application:

(a) Holds a valid LMSW issued by the department of licensing and regulatory affairs.

(b) Completed an approved school social worker preparation program.

(c) While holding a valid preliminary school social worker certificate issued under these rules or while working under a valid school social worker permit issued under R 340.1009, and while under the supervision of an individual holding a valid professional school social worker certificate issued under these rules or a valid full approval under former R 340.1012, completed 1 full school year as a school social worker providing social work services to students with disabilities whose individualized education programs required those services.

(2) The superintendent of public instruction may issue a renewal of a professional school social worker certificate to an applicant who pays the applicable evaluation fee if both of the following requirements are satisfied at the time of application:

(a) The applicant holds a valid LMSW issued by the department of licensing and regulatory affairs.

(b) Since the issuance of the most recent professional school social worker certificate or renewal, the applicant completed 75 education-related professional learning hours.

History

History: 1979 AC; 2024 AACS.

Rule 5. (1) The validity of a preliminary school social worker certificate or professional school social worker certificate, or renewal, is determined by its issue date and expiration date as set forth in this rule and by action taken under R 340.1010 to R 340.1016. An applicant for and the holder of a preliminary school social worker certificate or a professional school social worker certificate and the employer shall be familiar with the specific requirements and expiration date of the certificate.

(2) A preliminary school social worker certificate or renewal issued under these rules expires 3 years after June 30 of the calendar year of issuance.

(3) A professional school social worker certificate or renewal issued under these rules expires 5 years after June 30 of the calendar year of issuance.

(4) The superintendent of public instruction shall not issue a preliminary school social worker certificate or a professional school social worker certificate, or renewal, until the department receives the evaluation fee required by section 1538 of the act, MCL 380.1538.

History

History: 1979 AC; 2024 AACS.

Mich. Admin. Code R 340.1006 Members of the armed forces and uniformed services, veterans, and dependents {#sec-r-340.1006 omnilex-key=us-mi-regs-official--dept-education--R 340.1006}

Rule 6. (1) As used in this rule:

(a) “Armed forces” means the United States Army, Air Force, Navy, Marine Corps, Space Force, Coast Guard, or other military force designated by the United States Congress as a part of the Armed Forces of the United States, including the reserve components.

(b) “Dependent” means a spouse, surviving spouse, child who is less than 26 years of age, or surviving child who is less than 26 years of age.

(c) “Uniformed services” means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(d) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.

(2) If 1 of the following individuals serves a period of active duty during the time period of a certificate issued under these rules, the individual may file a request with the department that the superintendent of public instruction determine that all or part of the period of active duty satisfies some or all of the requirements for renewal of the certificate:

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(3) The following individuals may apply to the department for refund of a fee paid pursuant to these rules under section 1538 of the act, MCL 380.1538:

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(d) A dependent of a veteran.

History

History: 1979 AC; 2024 AACS.

Mich. Admin. Code R 340.1007 Out-of-state applicants {#sec-r-340.1007 omnilex-key=us-mi-regs-official--dept-education--R 340.1007}

Rule 7. (1) The superintendent of public instruction may issue a school social worker certificate under subrule (2) or (3) of this rule to an applicant who completed an out-ofstate approved school social worker preparation program upon verification of the applicant’s satisfaction of the requirements, or their equivalent, established for issuance of a school social worker certificate to an individual who completes an approved school social worker preparation program in this state.

(2) The superintendent of public instruction may issue a preliminary school social worker certificate to an individual described in subrule (1) of this rule who pays the applicable evaluation fee and who satisfies the requirements of R 340.1003, or their equivalent, at the time of application.

(3) The superintendent of public instruction may issue a professional school social worker certificate to an individual described in subrule (1) of this rule who pays the applicable evaluation fee if, at the time of application, 1 of the following is satisfied:

(a) The individual satisfies the requirements of R 340.1004, or their equivalent.

(b) All of the following:

(i) The individual holds a valid LMSW issued by the department of licensing and regulatory affairs.

(ii) The individual holds a valid out-of-state certificate that is equivalent to a professional school social worker certificate issued by the department.

(iii) The individual completed 1 full school year as a social worker in a school setting providing social work services to students with disabilities whose individualized education programs required those services.

History

History: 1979 AC; 2024 AACS.

Rule 8. (1) The state board shall approve standards for reviewing school social worker preparation programs.

(2) The superintendent of public instruction shall approve school social worker preparation programs in accordance with the state board approved standards.

(3) Continued approval by the superintendent of public instruction requires that the school social worker preparation provider be accredited or that a state review process recommend approval by the superintendent of public instruction.

History

History: 1979 AC; 2024 AACS.

Rule 9. (1) If a public school is unable to employ or contract with a certified school social worker, the public school may apply to the department for a school social worker permit under this rule.

(2) On application and payment of the applicable evaluation fee, the superintendent of public instruction may issue a school social worker permit to a public school that verifies all of the following:

(a) At the time of application, the individual holds an earned master of social work degree or higher, or equivalent, from an accredited college or university.

(b) At the time of application, the individual holds a valid LLMSW or valid LMSW issued by the department of licensing and regulatory affairs.

(c) At the time of application, the individual was accepted for enrollment in an approved school social worker preparation program.

(d) During the validity of the permit, while under the supervision of an individual holding a valid professional school social worker certificate issued under these rules or a valid full approval under former R 340.1012, the individual will provide social work services to students with disabilities whose individualized education programs require those services.

(3) On application and payment of the applicable evaluation fee, the superintendent of public instruction may issue 1 renewal of a school social worker permit to a public school that verifies all of the following:

(a) One of the following at the time of application:

(i) The individual is enrolled in, and demonstrates progress toward completion of, an approved school social worker preparation program after issuance of the initial school social worker permit.

(ii) The individual holds a valid or expired preliminary school social worker certificate issued under these rules.

(b) At the time of application, the individual holds a valid LLMSW or valid LMSW issued by the department of licensing and regulatory affairs.

(c) During the validity of the initial permit, while under the supervision of an individual holding a valid professional school social worker certificate issued under these rules or a valid full approval under former R 340.1012, the individual provided social work services to students with disabilities whose individualized education programs required those services.

(d) During the validity of the renewal, while under the supervision of an individual holding a valid professional school social worker certificate issued under these rules or a valid full approval under former R 340.1012, the individual will provide social work services to students with disabilities whose individualized education programs require those services.

(4) The superintendent of public instruction shall issue no more than 1 renewal of a school social worker permit under this rule.

(5) A school social worker permit issued under this rule is valid from the issue date through August 31 immediately following the academic year listed on the permit.

(6) Subject to subrule (8) of this rule, the superintendent of public instruction may revoke, refuse to grant, or refuse to renew a school social worker permit or renewal for any of the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the school social worker permit or renewal.

(b) Conviction of the individual for whom a public school requests a school social worker permit or renewal, or who is working under a school social worker permit or renewal, of a crime described in section 1535a of the act, MCL 380.1535a.

(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.

(7) The superintendent of public instruction may rescind a school social worker permit or renewal at the request of the employing or contracting public school.

(8) The superintendent of public instruction shall revoke, refuse to grant, or refuse to renew a school social worker permit or renewal if the individual working under the permit or renewal, or if the individual for whom a public school requests the permit or renewal, was convicted of a listed offense.

History

History: 1979 AC; 2024 AACS.

Rule 10. The superintendent of public instruction may suspend, revoke, impose reasonable conditions on, or deny renewal of a preliminary school social worker certificate or professional school social worker certificate for either of the following reasons:

(a) The holder of the preliminary school social worker certificate or professional school social worker certificate engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of any credential issued by the superintendent of public instruction.

(b) The holder of the preliminary school social worker certificate or professional school social worker certificate was convicted of a crime described in section 1539b of the act, MCL 380.1539b.

History

History: 1979 AC; 2024 AACS.

Mich. Admin. Code R 340.1011 Notice of basis for action; notice of right to hearing; informal conference; referral for hearing {#sec-r-340.1011 omnilex-key=us-mi-regs-official--dept-education--R 340.1011}

Rule 11. Subject to summary suspension under section 1539b(2) of the act, MCL 380.1539b, all of the following apply to action taken under R 340.1010:

(a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a preliminary school social worker certificate or professional school social worker certificate includes conviction of a crime described in section 1539b of the act, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) On receipt of notice of a basis for action under R 340.1010(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the preliminary school social worker certificate or professional school social worker certificate in writing of all of the following:

(i) Because of the conviction or because of the identified reason under R 340.1010(a), the superintendent of public instruction may suspend, revoke, impose conditions on, or deny renewal of the preliminary school social worker certificate or professional school social worker certificate.

(ii) The holder has the right to a hearing.

(iii) If the holder does not request a hearing within 15 business days after receipt of notice of the right to a hearing, the superintendent of public instruction shall suspend or deny renewal of the preliminary school social worker certificate or professional school social worker certificate.

(iv) If the holder requests a hearing within 15 business days after receipt of the notice, there must be an informal conference.

(d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the holder of the preliminary school social worker certificate or professional school social worker certificate shall request a hearing. If the holder does not timely request a hearing, the superintendent of public instruction shall suspend or deny renewal of the preliminary school social worker certificate or professional school social worker certificate.

(e) If the holder of the preliminary school social worker certificate or professional school social worker certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the holder of the date and time of an informal conference. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department may recommend that the superintendent of public instruction take no action against or grant renewal of the preliminary school social worker certificate or professional school social worker certificate or that there be a settlement or conditional agreement. The superintendent of public instruction shall approve, modify, or deny the recommendation of the department.

(g) If the superintendent of public instruction or designee decides to refer the case to the Michigan office of administrative hearings and rules for hearing following the informal conference, the department shall make the referral.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Rule 12. (1) The superintendent of public instruction may deny an individual’s application for a preliminary school social worker certificate or professional school social worker certificate for any of the following reasons:

(a) The applicant engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of any credential issued to the individual by the superintendent of public instruction.

(b) The applicant was convicted of a crime described in section 1539b of the act, MCL 380.1539b.

(d) An out-of-state certificating authority took action against an educator credential issued at any time to the applicant by that authority.

(2) After notice and an opportunity to show compliance, the superintendent of public instruction may rescind a preliminary school social worker certificate or professional school social worker certificate for failure of the holder to meet the requirements for the preliminary school social worker certificate or professional school social worker certificate.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Mich. Admin. Code R 340.1013 Investigation {#sec-r-340.1013 omnilex-key=us-mi-regs-official--dept-education--R 340.1013}

Rule 13. An authorized representative of the department shall perform the investigatory and prosecutorial functions regarding cases pertaining to school social worker certification.

On receipt of information that may serve as the basis for suspension, revocation, denial, refusal to renew, or rescission of a preliminary school social worker certificate or professional school social worker certificate, the authorized representative shall initiate an investigation of that information.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Rule 14. (1) Unless the superintendent of public instruction suspended or revoked an individual’s preliminary school social worker certificate or professional school social worker certificate based on conviction of a listed offense, the individual may file with the department a request for reinstatement of the preliminary school social worker certificate or professional school social worker certificate that was suspended or revoked under these rules.

(2) If the superintendent of public instruction suspended or revoked the preliminary school social worker certificate or professional school social worker certificate under R 340.1010(a), all of the following apply:

(a) The individual shall provide to the department documentation and other information that demonstrates that the individual is currently fit to serve in an elementary or secondary school in this state and that reinstatement of the individual's preliminary school social worker certificate or professional school social worker certificate will not adversely affect the health, safety, and welfare of pupils.

(b) If the superintendent of public instruction suspended the preliminary school social worker certificate or professional school social worker certificate pursuant to an agreement between the department and the individual, the individual shall provide to the department documentation and other information that establishes satisfaction of the conditions set forth in the agreement.

(c) Not more than 30 calendar days after receipt of the request for reinstatement, the department shall notify the individual in writing of all of the following:

(i) The individual has the right to a hearing.

(ii) If the individual does not request a hearing within 30 calendar days after receipt of notice of the right to a hearing, the superintendent of public instruction shall dismiss the request for reinstatement of the preliminary school social worker certificate or professional school social worker certificate.

(iii) If the individual requests a hearing within 30 calendar days after receipt of the notice, there must be an informal conference on the request for reinstatement.

(d) Not later than 30 calendar days after receipt of the notice, the individual shall request a hearing. If the individual does not timely request a hearing, the superintendent of public instruction shall dismiss the request for reinstatement of the preliminary school social worker certificate or professional school social worker certificate.

(e) If the individual timely requests a hearing, the department shall immediately notify the individual of the date and time of an informal conference on the request for reinstatement. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department shall recommend that the superintendent of public instruction reinstate or deny reinstatement of the preliminary school social worker certificate or professional school social worker certificate. Based on consideration of the recommendation and the documentation and other information presented, the superintendent of public instruction shall reinstate or deny reinstatement of the preliminary school social worker certificate or professional school social worker certificate. The superintendent of public instruction shall not reinstate the preliminary school social worker certificate or professional school social worker certificate unless the superintendent of public instruction finds that the individual is currently fit to serve in an elementary or secondary school in this state and that reinstatement will not adversely affect the health, safety, and welfare of pupils.

(g) If the superintendent of public instruction does not reinstate the preliminary school social worker certificate or professional school social worker certificate under subdivision (f) of this subrule, the department shall refer the request to the Michigan office of administrative hearings and rules for hearing.

(3) If the superintendent of public instruction suspended or revoked the preliminary school social worker certificate or professional school social worker certificate under R 340.1010(b), not more than 30 calendar days after receipt of a request for a hearing on reinstatement, the department shall refer the request to the Michigan office of administrative hearings and rules under section 1539b(5) of the act, MCL 380.1539b.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Rule 15. (1) The superintendent of public instruction shall remove the suspension or revocation of a preliminary school social worker certificate or professional school social worker certificate if all of the following requirements are met:

(a) The suspension or revocation was based solely on a criminal conviction under section 1539b of the act, MCL 380.1539b.

(b) The holder of the credential files with the department a request for removal of the suspension or removal that includes documentation satisfactory to the department that the conviction was set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged or dismissed by a court of competent jurisdiction.

(c) If the conviction was set aside under section 1g of 1965 PA 213, MCL 780.621g, and the judgment of sentence included an order of restitution, the request for removal includes verification that the individual has fully paid court-ordered restitution or has made a good faith effort to do so.

(2) Removal of a suspension or revocation under this rule does not relieve the holder of the preliminary school social worker certificate or professional school social worker certificate of the responsibility to comply with all legal requirements for renewal of the preliminary school social worker certificate or professional school social worker certificate.

(3) This rule does not preclude the superintendent of public instruction from taking action against a preliminary school social worker certificate or professional school social worker certificate under R 340.1010, or from denying or rescinding a preliminary school social worker certificate or professional school social worker certificate under R 340.1012, for a reason other than a conviction that was set aside or otherwise expunged or dismissed.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Mich. Admin. Code R 340.1016 Action of superintendent of public instruction on proposal for decision {#sec-r-340.1016 omnilex-key=us-mi-regs-official--dept-education--R 340.1016}

Rule 16. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings.

(2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law.

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Mich. Admin. Code R 340.1017 Rescinded {#sec-r-340.1017 omnilex-key=us-mi-regs-official--dept-education--R 340.1017}

History

History: 1979 AC; 2011 AACS; 2024 AACS.

Mich. Admin. Code R 340.1018 Rescinded {#sec-r-340.1018 omnilex-key=us-mi-regs-official--dept-education--R 340.1018}

History

History: 1979 AC; 2024 AACS.

R 340.1121 to R 340.1124 Education of Pregnant Students

Mich. Admin. Code R 340.1121 Attendance in school {#sec-r-340.1121 omnilex-key=us-mi-regs-official--dept-education--R 340.1121}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

EDUCATION OF PREGNANT AND PARENTING STUDENTS

(By authority conferred on the superintendent of public instruction by section 1301 of 1976 PA 451, MCL 380.1301, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. (1) A pregnant or parentingstudent has the right to attend any school or program for which the student would otherwise qualify, including the right to remain in a regular school program and the right to participate fully in all school-related activities and programs.

(2) A pregnant or parenting student has the right to attend school in an environment free of discrimination and harassment.

(3) A school district shall treat pregnancy and related medical conditions, services, or treatment and childbirth and recovery as it would treat any other medical condition.

(4) School absences for a student’s pregnancy-related doctors’ appointments, medical treatment, or recovery or for childbirth shall be treated as any other medical reason for absence from school.

(5) A pregnant or parenting student who meets the qualifications for homebound and hospitalized services under section 109 of 1979 PA 94, MCL 388.1709, shall have the same access as any student with a medical condition.

(6) School authorities or other school personnel shall not order a pregnant or parenting student against the student’s will, or coerce the student, to withdraw from a school program.

(7) A pregnant student under the compulsory school age may withdraw from a regular public school or program when her parent or legal guardian submits a signed request for the withdrawal and a certificate by a physician, registered to practice under the laws of this state, that the student is pregnant and that continued attendance in school may adversely affect her health or that of her child.

History

History: 1979 AC; 2013 AACS; 2017 AACS.

Mich. Admin. Code R 340.1122 Readmission to regular school program {#sec-r-340.1122 omnilex-key=us-mi-regs-official--dept-education--R 340.1122}

Rule 2. A student who withdraws from a regular school program because of pregnancy shall be readmitted to the program upon her enrollment and shall be reinstated to the academic and extracurricular status that she held before her pregnancy-related leave began.

History

History: 1979 AC; 2013 AACS; 2017 AACS.

Mich. Admin. Code R 340.1123 Rescinded {#sec-r-340.1123 omnilex-key=us-mi-regs-official--dept-education--R 340.1123}

History

History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 340.1124 Rescinded {#sec-r-340.1124 omnilex-key=us-mi-regs-official--dept-education--R 340.1124}

History

History: 1979 AC; 2013 AACS.

R 340.1161 to R 340.1170 Certification of School Nurses

Mich. Admin. Code R 340.1161 Definitions {#sec-r-340.1161 omnilex-key=us-mi-regs-official--dept-education--R 340.1161}

DEPARTMENT OF EDUCATION

STATE BOARD OF EDUCATION

CERTIFICATION OF SCHOOL NURSES

(By authority conferred on the state board of education by section 623 of Act No. 269 of the Public Acts of 1955, being S340.623 of the Michigan Compiled Laws)

Rule 1. (1) "Registered nurse" means a person licensed by the state board of nursing to practice as a registered nurse.

(2) "School nurse certification" means that an interim, standard, or professional school nurse certificate has been issued to a registered nurse by the state board of education.

(3) "Year" means a contractual period between an employing school district and a school nurse and may be referred to as calendar year or academic year and either or both shall satisfy the requirements of these rules. In no case may a calendar year be counted as more than 1 year.

History

History: 1979 AC.

Mich. Admin. Code R 340.1162 School nursing services {#sec-r-340.1162 omnilex-key=us-mi-regs-official--dept-education--R 340.1162}

Rule 2. A professional school nursing services program is designed to enhance the educational processes of children and youth through improvement in their health status and contribute to their attainment of greater knowledge in the area of health. A program shall include:

(a) A plan for assessment and evaluation of the health and developmental status of students.

(b) Interpretation of nursing assessments and medical evaluations to students, their parents and school personnel while recognizing and maintaining the confidential nature of the information.

(c) A plan by which the health problems that interfere with a student's learning are eliminated, minimized, or understood.

(d) A system to make recommendations for modification of the educational program when student health problems are indicated.

(e) Consultation and recommendation of resources in areas of health problems and instruction.

(f) Channels for communication between the school and the home, private physician and health and social agencies in the community.

(g) Selective health guidance and counseling according to the needs of students.

(h) A team approach to educational problems of students, including studies of health problems that may affect their scholastic attainment.

(i) A plan for in service education for school personnel including observations of the health of students, referral systems, and first aid and emergency care procedures.

(j) A system by which school personnel may initiate appropriate referral of students.

(k) Policies and procedures enabling school personnel to comply with established health laws.

(l) Policies and procedures for the prevention and control of health problems, including communicable diseases.

(m) Policies and procedures for the prevention and control of accidents and injuries.

(n) Policies and procedures for maintaining a healthful school environment.

History

History: 1979 AC.

Mich. Admin. Code R 340.1163 Functions of the school nurse {#sec-r-340.1163 omnilex-key=us-mi-regs-official--dept-education--R 340.1163}

Rule 3. A school nurse shall:

(a) Assess and evaluate the health and development status of students through nursing diagnosis and the use of appropriate evaluative techniques.

(b) Interpret nursing assessments of medical evaluations to the students, their parents and school personnel and provide an understanding of implications for the educational performance of students, while recognizing and maintaining the confidential nature of the information.

(c) Plan a course of action and assist students, their parents and school personnel in assuming proper roles for eliminating, minimizing, preventing, or understanding the health problems which interfere with effective learning by the student.

(d) Recommend to parents and appropriate school personnel modifications in the educational program as indicated by the health and developmental status of students.

(e) Stimulate incorporation of health education in the school curriculum by serving on curriculum committees, serving as a consultant and resource person or participating in teacher-parent education programs.

(f) Serve as intermediary between the school and the home, private physician, and health and social agencies regarding the health status of students and their needs for consideration in future community health planning.

(g) Assist students and their families to obtain optimum health and well-being by stimulating behavior change through the educative process, including individual or group counseling.

(h) Interpret health information when serving as a member of a special education placement committee or other programs in which health information is desirable.

(i) Plan and provide inservice education, in cooperation with other appropriate personnel, for school personnel regarding health observations, referral systems and first aid and emergency care procedures.

(j) Identify and recommend students for placement in special programs, initiate referrals for supplemental testing when health information or developmental history indicates, and refer students to appropriate personnel when necessary.

(k) Assume leadership in the development and revision of written first aid and emergency care policies.

(l) Recommend and implement school policies to comply with established health laws, and make specific recommendations to students and school personnel regarding immunizations and communicable diseases.

(m) Cooperate with the administration and staff in establishing school health program policies and procedures in order that professional skills and knowledge may be used effectively in working with students, teachers, and parents.

History

History: 1979 AC.

Mich. Admin. Code R 340.1164 Competencies of school nurse {#sec-r-340.1164 omnilex-key=us-mi-regs-official--dept-education--R 340.1164}

Rule 4. (1) A school nurse shall demonstrate:

(a) Ability to apply principles of education and learning theory in the identification of health status of students and the solution of health problems.

(b) Ability to recognize health factors which create obstacles and handicaps for exceptional students.

(d) Knowledge of curriculum development to participate effectively on health related curriculum committees.

(e) Ability to apply principles of human growth and development and to recognize variations within normal range significant to the education of the student.

(f) Ability to define and demonstrate the clinical and technical role of the professional nurse in the school health program.

(g) Ability to develop cooperatively with other school and health related professionals, a comprehensive school health program coordinating school and community resources to serve effectively the health needs of the school population.

(h) Ability to identify the health needs of students and understand the influence of the family, society and culture on the student's ability to cope with school health problems.

(i) Ability to assist students, their families and school personnel in recognizing potential and current health needs and in the development of plans for utilizing available resources to meet these needs.

(2) These competencies shall be utilized as criteria in determining whether work experience as a school nurse has been successful.

History

History: 1979 AC.

Mich. Admin. Code R 340.1165 Continuing education of school nurse {#sec-r-340.1165 omnilex-key=us-mi-regs-official--dept-education--R 340.1165}

Rule 5. A school nurse shall submit evidence of continuing attainment of theoretical and practical knowledge in the following areas to qualify for a higher level of school nurse certification, as required in R 340.1167 to R 340.1169.

(a) Human growth and development.

(b) Community health problems and resources.

(d) Special problems of exceptional children.

(e) Analysis of family health and social problems.

(f) Communication arts.

(g) Organization and administration of the school health program, including necessary skills or understanding of curriculum development.

(h) Learning theory.

(i) Guidance and counseling.

History

History: 1979 AC.

Mich. Admin. Code R 340.1166 School nurse certification criteria {#sec-r-340.1166 omnilex-key=us-mi-regs-official--dept-education--R 340.1166}

Rule 6. (1) An application for school nurse certification shall be directed to the department of education on a form supplied or approved by the department.

(2) Credits beyond those required for a registered nurse, to be applied toward certification as a school nurse, shall be earned through an approved teacher education or nursing education institution program or accepted by the institution in transfer. The state board of education shall determine the acceptability of credits leading toward programs approved by it.

(3) A registered nurse with a currently valid license issued by the state board of nursing employed as a school nurse by an employing school district for a period of not less than 1 school year prior to June 30, 1975, and whose experience is successful as determined by the state board of education upon the recommendation of the employing school district, is eligible for a professional school nurse certificate. Application under this subrule shall be made prior to June 30, 1977.

History

History: 1979 AC.

Mich. Admin. Code R 340.1167 Interim school nurse certificate {#sec-r-340.1167 omnilex-key=us-mi-regs-official--dept-education--R 340.1167}

Rule 7. (1) An interim school nurse certificate may be issued, after July 1, 1975, upon request of the employing school district to an applicant who holds a currently valid Michigan license as a registered nurse.

(2) An interim school nurse certificate is valid for 2 years and may be renewed for 1 additional 2-year period upon request of the employing school district and submission of evidence of the completion of 8 semester hours of course work in a program planned to fulfill the requirements specified in R 340.1165.

(3) This rule is in effect as long as the applicant holds a currently valid Michigan license as a registered nurse.

History

History: 1979 AC.

Mich. Admin. Code R 340.1168 Standard school nurse certificate {#sec-r-340.1168 omnilex-key=us-mi-regs-official--dept-education--R 340.1168}

Rule 8. (1) A standard school nurse certificate may be issued, after July 1, 1975, upon request of the employing school district to an applicant who holds a currently valid Michigan license as a registered nurse and presents evidence of completion of the following requirements:

(a) Two years of work experience in public health or school nursing practice.

(b) Fifteen semester hours of work in areas of theoretical and practical knowledge as outlined in R 340.1165.

(2) A standard school nurse certificate is valid for 3 years and may be renewed for 1 additional 3-year period upon recommendation of the employing school district if the holder has completed a total of 24 semester hours of course work outlined in R 340.1165.

An additional 3 years' renewal may be given upon recommendation of the employing school district if the holder has completed a total of 36 semester hours of course work outlined in R 340.1165.

(3) This rule is in effect as long as the applicant holds a currently valid Michigan license as a registered nurse.

History

History: 1979 AC.

Mich. Admin. Code R 340.1169 Professional school nurse certificate {#sec-r-340.1169 omnilex-key=us-mi-regs-official--dept-education--R 340.1169}

Rule 9. (1) A professional school nurse certificate may be issued, after July 1, 1975, to an applicant who holds a currently valid Michigan license as a registered nurse and presents evidence of completion of the following requirements:

(a) Three years of successful experience as a school nurse as determined by the state board of education upon recommendation of the employing school district.

(b) A baccalaureate degree in nursing or a health-related field.

(2) A professional school nurse certificate shall be valid if the holder maintains a currently valid Michigan registered nurse license.

History

History: 1979 AC.

Mich. Admin. Code R 340.1170 School nurse certificate expiration {#sec-r-340.1170 omnilex-key=us-mi-regs-official--dept-education--R 340.1170}

Rule 10. All certificates expire on June 30 of the expiration year indicated on the certificate.

History

History: 1979 AC.

R 340.1351 to R 340.1355 Declaratory Rulings and Promulgation of Rules

Mich. Admin. Code R 340.1351 Definitions {#sec-r-340.1351 omnilex-key=us-mi-regs-official--dept-education--R 340.1351}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

DECLARATORY RULINGS AND PROMULGATION OF RULES

(By authority conferred on the superintendent of public instruction by sections 33 and 63 of the administrative procedures act of 1969,1969 PA 306, MCL 24.233 and 24.263, and Executive Reorganization Order No. 1996-6, MCL 388.993)

Rule 1. As used in these rules:

(a) "Department" means the department of education.

(b) "Person" means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the department.

(c) "Superintendent" means the superintendent of public instruction as set forth in section 3 of article VIII of the state constitution of 1963.

History

History: 1981 AACS; 2016 AACS.

Mich. Admin. Code R 340.1352 Request for declaratory ruling {#sec-r-340.1352 omnilex-key=us-mi-regs-official--dept-education--R 340.1352}

Rule 2. (1) An interested person may request that the superintendent issue a declaratory ruling on how a statute administered by the department ora rule or order of the department applies to an actual state of facts.

(2) A request for a declaratory ruling must be submitted by email to MDE- SuperintendentAppeals@michigan.gov or by mail to Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48933. The request must contain all of the following:

(a) A clear and concise statement of the actual state of facts on which a ruling would be based.

(b) A precise statement of the legal question or issue involved.

(d) The signature, address, email address, and telephone number of the person making the request.

(3) Along with the request, the person may submit a brief of the legal authority on which the person believes the superintendent should base the declaratory ruling.

(4) The superintendent may require that the person making the request provide a copy of the request to a person known by the person making the request to have an interest in the matter.

(5) Not more than 60 calendardays after receiving a request for a declaratory ruling, the superintendent shall notify the person that made the request and interested parties described in this rule if the request is granted or denied by the superintendent.

(6) If the superintendent denies the request, the superintendent shall send by email or mail a concise written statement of the reasons for denial to the person that made the request and interested parties described in this rule.

(7) If the superintendent grants the request, the superintendent shall send by email or mail a declaratory ruling to the person who made the request and interested parties described in this rule, which must include all of the following:

(a) The actual state of facts on which the superintendent based the ruling.

(b) The conclusions of law and the legal authority on which the superintendent relied for the ruling.

History

History: 1981 AACS; 2016 AACS; 2024 AACS.

Mich. Admin. Code R 340.1353 Request for promulgation of rule {#sec-r-340.1353 omnilex-key=us-mi-regs-official--dept-education--R 340.1353}

Rule 3. (1) A person may request that the department promulgate a rule. A request must contain all of the following:

(a) The signature, address, email address, and telephone number of the person making the request.

(b) A citation to the statute under which the department has the authority to promulgate the rule.

(2) A request for the promulgation of a rule must be submitted by email to MDE- SuperintendentAppeals@michigan.gov or by mail to Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48933.

(3) Not more than 90 calendar days after receiving a request that complies with subrule (1) of this rule, the department shall do 1 of the following:

(a) Both of the following:

(i) Notify the person that made the request by email, mail, or telephone that the department is granting the request.

(ii) Initiate the processing of a rule.

(b) Send a concise written statement of the principal reasons for denial of the request by email or mail to the person that made the request.

History

History: 1981 AACS; 2016 AACS; 2024 AACS.

Mich. Admin. Code R 340.1354 Rescinded {#sec-r-340.1354 omnilex-key=us-mi-regs-official--dept-education--R 340.1354}

History

History: 1981 AACS; 2016 AACS; 2024 AACS.

Mich. Admin. Code R 340.1355 Rescinded {#sec-r-340.1355 omnilex-key=us-mi-regs-official--dept-education--R 340.1355}

History

History: 1981 AACS; 1995 AACS; 2016 AACS.

R 340.1701 to R 340.1873 Special Education Programs and Services

Mich. Admin. Code R 340.1701 Assurance of compliance {#sec-r-340.1701 omnilex-key=us-mi-regs-official--dept-education--R 340.1701}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SPECIAL EDUCATION PROGRAMS AND SERVICES

(By the authority of the superintendent of public instruction under sections 1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703, and Executive Reorganization Order No. 1996-7, MCL 388.994)

PART 1. GENERAL PROVISIONS

Rule 1. (1) All public agencies in the state, as those agencies are defined in 34 CFR 300.33 (2019), shall comply with these rules and with all of the following, which these rules adopt by reference:

(a) All provisions of the state's application for federal funds under part B and part C of the Individuals with Disabilities Education Act, 20 USC 1411 to 1419 and 1431 to 1444.

(b) The requirements of part B and part C of the Individuals with Disabilities Education Act, 20 USC 1411 to 1419 and 1431 to 1444.

(c) The regulations implementing the Individuals with Disabilities Education Act, 20 USC 1400 et seq., 34 CFR Part 300 (2019) and 34 CFR Part 303 (2019).

(2) Copies of the adopted matter are available, at cost of reproduction, from the office of special education of the department at 1-888-320-8384. Copies of the adopted federal matter are available from the United States Government Publishing Office at bookstore.gpo.gov.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1994 AACS; 1997 AACS; 2002 AACS; 2008 AACS; 2013 AACS; 2020 AACS.

Mich. Admin. Code R 340.1701a Definitions; A to E {#sec-r-340.1701a omnilex-key=us-mi-regs-official--dept-education--R 340.1701a}

Rule 1a. As used in these rules:

(a) "Adaptive behavior" means a student's ability to perform the social roles appropriate for a person of his or her age and gender in a manner that meets the expectations of home, culture, school, neighborhood, and other relevant groups in which he or she participates.

(b) "Agency" means a public or private entity or organization, including a local school district, a public school academy, an intermediate school district, the department, and any other political subdivision of the state that is responsible for providing education or services to students with disabilities.

(c) "Complaint" means a written and signed allegation by an individual or organization, including the factual basis of the allegation, that there is a violation of any of the following:

(i) Any current provision of these rules.

(ii) The revised school code, 1976 PA 451, MCL 380.1 to 380.1852, as it pertains to special education programs and services.

(iii) The Individuals with Disabilities Education Act, 20 USC 1400 et seq., and the regulations implementing the act, 34 CFR Part 300 (2019) and 34 CFR Part 303 (2019).

(iv) An intermediate school district plan.

(v) An individualized education program team report, administrative law judge decision, or court decision regarding special education programs or services.

(vi) The state application for federal funds under the Individuals with Disabilities Education Act, 20 USC 1400 et seq.

(d) "Department" means the Michigan department of education.

(e) "Departmentalize" means a delivery system in which 2 or more special education teachers teach groups of students with disabilities by instructional content areas.

(f) “Electronic submission” means submission by email, by facsimile, or by any other electronic means approved by the department.

History

History: 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2013 AACS; 2020 AACS.

Mich. Admin. Code R 340.1701b Definitions; I to P {#sec-r-340.1701b omnilex-key=us-mi-regs-official--dept-education--R 340.1701b}

Rule 1b. As used in these rules:

(a) "Instructional services" means services provided by teaching personnel that are specially designed to meet the unique needs of a student with a disability. These may be provided by any of the following:

(i) An early childhood special education teacher under R 340.1755.

(ii) A teacher consultant under R 340.1749.

(iii) A teacher of the speech and language impaired under R 340.1745.

(iv) A teacher providing instruction to students with disabilities who are homebound or hospitalized.

(v) A teacher providing instruction to students who are placed in juvenile detention facilities under R 340.1757.

(b) "Multidisciplinary evaluation team" means a minimum of 2 persons who are responsible for evaluating a student suspected of having a disability. The team shall include at least 1 special education teacher or other specialist who has knowledge of the suspected disability.

(c) "Occupational therapy" means therapy provided by an occupational therapist or an occupational therapy assistant who provides therapy under the supervision of a licensed occupational therapist. Occupational therapist and occupational therapy assistants are licensed by the state of Michigan under 1978 PA 368, MCL 333.1101 et seq.

(d) "Parent" means any of the following:

(i) A biological or adoptive parent of a child.

(ii) A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent.

(iii) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state.

(iv) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare.

(v) A surrogate parent who has been appointed in accordance with R 340.1725f.

(vi) Except as provided in paragraph (vii) of this subdivision, the biological or adoptive parent, when attempting to act as the parent under this part and when more than 1 party is qualified under paragraphs (i) to (v) of this subdivision to act as a parent, shall be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(vii) If a judicial decree or order identifies a specific person or persons under paragraphs (i) to (iv) of this subdivision to act as the parent of a child, or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent.

(viii) The affected student or youth with a disability when the student or youth with a disability reaches 18 years of age, if a legal guardian has not been appointed by appropriate court proceedings.

(e) "Parent advisory committee" means a committee of parents of students with disabilities of a particular intermediate school district appointed by the board of that district under R 340.1838.

(f) "Physical therapy" means therapy prescribed by a physician and provided by a therapist who is licensed by the state of Michigan under 1978 PA 368, MCL 333.1101 et seq. or a physical therapy assistant who provides therapy under the supervision of a licensed physical therapist.

History

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

Mich. Admin. Code R 340.1701c Definitions; R to Y {#sec-r-340.1701c omnilex-key=us-mi-regs-official--dept-education--R 340.1701c}

Rule 1c. As used in these rules:

(a) "Related services" means services defined at 34 C.F.R. §300.34 and ancillary services as defined in 1976 PA 451, MCL 380.1 et seq., which is available for public review at the department and at intermediate school districts.

(b) "Services" means instructional or related services as defined in these rules.

(c) "Special education" means specially designed instruction, at no cost to the parents, to meet the unique educational needs of the student with a disability and to develop the student's maximum potential. Special education includes instructional services defined in R 340.1701b(a) and related services.

(d) "Youth placed in a juvenile detention facility" means a student who is placed by the court in a detention facility for juvenile delinquents and who is not attending a regular school program due to court order.

History

History: 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1702 "Student with a disability" defined {#sec-r-340.1702 omnilex-key=us-mi-regs-official--dept-education--R 340.1702}

Rule 2. "Student with a disability" means a person who has been evaluated according to the individuals with disabilities education act and these rules, and is determined by an individualized education program team, an individualized family service plan team, or an administrative law judge to have 1 or more of the impairments specified in this part that necessitates special education or related services, or both, who is not more than 25 years of age as of September 1 of the school year of enrollment, and who has not graduated from high school. A student who reaches the age of 26 years after September 1 is a "student with a disability" and entitled to continue a special education program or service until the end of that school year.

History

History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AAC; 2002 AACS; 2010 AACS; 2013 AACS.

Mich. Admin. Code R 340.1703 Rescinded {#sec-r-340.1703 omnilex-key=us-mi-regs-official--dept-education--R 340.1703}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1704 Rescinded {#sec-r-340.1704 omnilex-key=us-mi-regs-official--dept-education--R 340.1704}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1705 Cognitive impairment; determination {#sec-r-340.1705 omnilex-key=us-mi-regs-official--dept-education--R 340.1705}

Rule 5. (1) Cognitive impairment shall be manifested during the developmental period and be determined through the demonstration of all of the following behavioral characteristics:

(a) Development at a rate at or below approximately 2 standard deviations below the mean as determined through intellectual assessment.

(b) Scores approximately within the lowest 6 percentiles on a standardized test in reading and arithmetic. This requirement will not apply if the student is not of an age, grade, or mental age appropriate for formal or standardized achievement tests.

(d) Impairment of adaptive behavior.

(e) Adversely affects a student's educational performance.

(2) A determination of impairment shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include a psychologist.

History

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1706 Emotional impairment; determination; evaluation report {#sec-r-340.1706 omnilex-key=us-mi-regs-official--dept-education--R 340.1706}

Rule 6. (1) Emotional impairment shall be determined through manifestation of behavioral problems primarily in the affective domain, over an extended period of time, which adversely affect the student's education to the extent that the student cannot profit from learning experiences without special education support. The problems result in behaviors manifested by 1 or more of the following characteristics:

(a) Inability to build or maintain satisfactory interpersonal relationships within the school environment.

(b) Inappropriate types of behavior or feelings under normal circumstances.

(d) Tendency to develop physical symptoms or fears associated with personal or school problems.

(2) Emotional impairment also includes students who, in addition to the characteristics specified in subrule (1) of this rule, exhibit maladaptive behaviors related to schizophrenia or similar disorders. The term "emotional impairment" does not include persons who are socially maladjusted, unless it is determined that the persons have an emotional impairment.

(3) Emotional impairment does not include students whose behaviors are primarily the result of intellectual, sensory, or health factors.

(4) When evaluating a student suspected of having an emotional impairment, the multidisciplinary evaluation team report shall include documentation of all of the following:

(a) The student's performance in the educational setting and in other settings, such as adaptive behavior within the broader community.

(b) The systematic observation of the behaviors of primary concern which interfere with educational and social needs.

(d) Relevant medical information, if any.

(5) A determination of impairment shall be based on data provided by a multidisciplinary evaluation team, which shall include a full and individual evaluation by both of the following:

(a) A psychologist or psychiatrist.

(b) A school social worker.

History

History: 1979 AC; 1980 AACS; 1983 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1707 Deaf or hard of hearing {#sec-r-340.1707 omnilex-key=us-mi-regs-official--dept-education--R 340.1707}

Rule 7. (1) The term "deaf or hard of hearing” refers to students with any type or degree of hearing loss that interferes with development or adversely affects educational performance. "Deafness" means a hearing loss that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification. The term "hard of hearing" refers to students who have permanent or fluctuating hearing loss that is less severe than the hearing loss of students who are deaf and that generally permits the use of the auditory channel as the primary means of developing speech and language skills.

(2) A determination of impairment must be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include an audiologist and an otolaryngologist or otologist.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2018 AACS.

Mich. Admin. Code R 340.1708 Visual impairment including blindness definition; determination {#sec-r-340.1708 omnilex-key=us-mi-regs-official--dept-education--R 340.1708}

Rule 8. (1) “Visual impairment including blindness” means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes partial sight, blindness, and a progressively deteriorating eye condition.

(2) A determination of eligibility must be based on a full and individual evaluation by a multidisciplinary evaluation team, which must include all of the following:

(a) An eye report by an ophthalmologist or optometrist or a medical evaluation by a physician as that term is defined in article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(b) A functional vision assessment by a teacher of students with visual impairment.

(3) A certified orientation and mobility specialist shall conduct an orientation and mobility evaluation that complies with subrule (4) of this rule for a student who satisfies at least 1 of the following:

(a) A visual acuity of 20/200 or less after routine refractive correction.

(b) A peripheral field of vision restricted to 20 degrees or less.

(c) A visual acuity of 20/200 or more and a recommendation by a teacher of students with visual impairment, an ophthalmologist, or an optometrist after an evaluation.

(4) The certified orientation and mobility specialist shall conduct the evaluation in familiar and unfamiliar settings and under a variety of lighting and terrain conditions and shall take into consideration the individual needs of the student.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2021 AACS.

Mich. Admin. Code R 340.1709 "Physical impairment" defined; determination {#sec-r-340.1709 omnilex-key=us-mi-regs-official--dept-education--R 340.1709}

Rule 9. (1) "Physical impairment" means severe orthopedic impairment that adversely affects a student's educational performance.

(2) A determination of disability shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include assessment data from 1 of the following persons:

(a) An orthopedic surgeon.

(b) An internist.

(d) A pediatrician.

(e) A family physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101 et seq.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1709a "Other health impairment" defined; determination {#sec-r-340.1709a omnilex-key=us-mi-regs-official--dept-education--R 340.1709a}

Rule 9a. (1) "Other health impairment" means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, which results in limited alertness with respect to the educational environment and to which both of the following provisions apply:

(a) Is due to chronic or acute health problems such as any of the following:

(i) Asthma.

(ii) Attention deficit disorder.

(iii) Attention deficit hyperactivity disorder.

(iv) Diabetes.

(v) Epilepsy.

(vi) A heart condition.

(vii) Hemophilia.

(viii) Lead poisoning.

(ix) Leukemia.

(x) Nephritis.

(xi) Rheumatic fever.

(xii) Sickle cell anemia.

(b) The impairment adversely affects a student's educational performance.

(2) A determination of disability shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include 1 of the following persons:

(a) An orthopedic surgeon.

(b) An internist.

(d) A pediatrician.

(e) A family physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101 et seq.

History

History: 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1710 "Speech and language impairment" defined; determination {#sec-r-340.1710 omnilex-key=us-mi-regs-official--dept-education--R 340.1710}

Rule 10. (1) A "speech and language impairment" means a communication disorder that adversely affects educational performance, such as a language impairment, articulation impairment, fluency impairment, or voice impairment.

(2) A communication disorder shall be determined through the manifestation of 1 or more of the following speech and language impairments that adversely affects educational performance:

(a) A language impairment which interferes with the student's ability to understand and use language effectively and which includes 1 or more of the following:

(i) Phonology.

(ii) Morphology.

(iii) Syntax.

(iv) Semantics.

(v) Pragmatics.

(b) Articulation impairment, including omissions, substitutions, or distortions of sound, persisting beyond the age at which maturation alone might be expected to correct the deviation.

(c) Fluency impairment, including an abnormal rate of speaking, speech interruptions, and repetition of sounds, words, phrases, or sentences, that interferes with effective communication.

(d) Voice impairment, including inappropriate pitch, loudness, or voice quality.

(3) Any impairment under subrule (2)(a) of this rule shall be evidenced by both of the following:

(a) A spontaneous language sample demonstrating inadequate language functioning.

(b) Test results on not less than 2 standardized assessment instruments or 2 subtests designed to determine language functioning which indicate inappropriate language functioning for the student's age.

(4) A student who has a communication disorder, but whose primary disability is other than speech and language may be eligible for speech and language services under R 340.1745(a).

(5) A determination of impairment shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include a teacher of students with speech and language impairment under R 340.1796 or a speech and language pathologist qualified under R 340.1792.

History

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1711 "Early childhood developmental delay" defined; determination {#sec-r-340.1711 omnilex-key=us-mi-regs-official--dept-education--R 340.1711}

Rule 11. (1) "Early childhood developmental delay" means a child through 7 years of age whose primary delay cannot be differentiated through existing criteria within R 340.1705 to R 340.1710 or R 340.1713 to R 340.1716 and who manifests a delay in 1 or more areas of development equal to or greater than 1/2 of the expected development. This definition does not preclude identification of a child through existing criteria within R 340.1705 to R 340.1710 or R 340.1713 to R 340.1716.

(2) A determination of early childhood developmental delay shall be based upon a full and individual evaluation by a multidisciplinary evaluation team.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1983 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1712 Rescinded {#sec-r-340.1712 omnilex-key=us-mi-regs-official--dept-education--R 340.1712}

History

History: 1979 AC; rescinded 1980 AACS.

Mich. Admin. Code R 340.1713 Specific learning disability defined; determination {#sec-r-340.1713 omnilex-key=us-mi-regs-official--dept-education--R 340.1713}

Rule 13. (1) "Specific learning disability" means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of cognitive impairment, of emotional impairment, of autism spectrum disorder, or of environmental, cultural, or economic disadvantage.

(2) In determining whether a student has a learning disability, the state shall:

(a) Not require the use of a severe discrepancy between intellectual ability and achievement.

(b) Permit the use of a process based on the child's response to scientific, research-based intervention.

(3) A determination of learning disability shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include at least both of the following:

(a) The student's general education teacher or, if the student does not have a general education teacher, a general education teacher qualified to teach a student of his or her age or, for a child of less than school age, an individual qualified by the state educational agency to teach a child of his or her age.

(b) At least 1 person qualified to conduct individual diagnostic examinations of children and who can interpret the instructional implications of evaluation results, such as a school psychologist, an authorized provider of speech and language under R 340.1745(d), or a teacher consultant.

History

History: 1979 AC; 1980 AACS; 1983 AACS; 2002 AACS; 2004 AACS; 2008 AACS; 2010 AACS.

Mich. Admin. Code R 340.1714 Severe multiple impairment; determination {#sec-r-340.1714 omnilex-key=us-mi-regs-official--dept-education--R 340.1714}

Rule 14. (1) Students with severe multiple impairments shall be determined through the manifestation of either of the following:

(a) Development at a rate of 2 to 3 standard deviations below the mean and 2 or more of the following conditions:

(i) A hearing impairment so severe that the auditory channel is not the primary means of developing speech and language skills.

(ii) A visual impairment so severe that the visual channel is not sufficient to guide independent mobility.

(iii) A physical impairment so severe that activities of daily living cannot be achieved without assistance.

(iv) A health impairment so severe that the student is medically at risk.

(b) Development at a rate of 3 or more standard deviations below the mean or students for whom evaluation instruments do not provide a valid measure of cognitive ability and 1 or more of the following conditions:

(i) A hearing impairment so severe that the auditory channel is not the primary means of developing speech and language skills.

(ii) A visual impairment so severe that the visual channel is not sufficient to guide independent mobility.

(iii) A physical impairment so severe that activities of daily living cannot be achieved without assistance.

(iv) A health impairment so severe that the student is medically at risk.

(2) A determination of impairment shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include a psychologist and, depending upon the disabilities in the physical domain, the multidisciplinary evaluation team participants required in R 340.1707, R 340.1708, or R 340.1709, R 340.1709a, or R 340.1716.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1715 Autism spectrum disorder defined; determination {#sec-r-340.1715 omnilex-key=us-mi-regs-official--dept-education--R 340.1715}

Rule 15. (1) Autism spectrum disorder is considered a lifelong developmental disability that adversely affects a student's educational performance in 1 or more of the following performance areas:

(a) Academic.

(b) Behavioral.

Autism spectrum disorder is typically manifested before 36 months of age. A child who first manifests the characteristics after age 3 may also meet criteria. Autism spectrum disorder is characterized by qualitative impairments in reciprocal social interactions, qualitative impairments in communication, and restricted range of interests/repetitive behavior.

(2) Determination for eligibility shall include all of the following:

(a) Qualitative impairments in reciprocal social interactions including at least 2 of the following areas:

(i) Marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction.

(ii) Failure to develop peer relationships appropriate to developmental level.

(iii) Marked impairment in spontaneous seeking to share enjoyment, interests, or achievements with other people, for example, by a lack of showing, bringing, or pointing out objects of interest.

(iv) Marked impairment in the areas of social or emotional reciprocity.

(b) Qualitative impairments in communication including at least 1 of the following:

(i) Delay in, or total lack of, the development of spoken language not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime.

(ii) Marked impairment in pragmatics or in the ability to initiate, sustain, or engage in reciprocal conversation with others.

(iii) Stereotyped and repetitive use of language or idiosyncratic language.

(iv) Lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level.

(i) Encompassing preoccupation with 1 or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus.

(ii) Apparently inflexible adherence to specific, nonfunctional routines or rituals.

(iii) Stereotyped and repetitive motor mannerisms, for example, hand or finger flapping or twisting, or complex whole-body movements.

(iv) Persistent preoccupation with parts of objects.

(3) Determination may include unusual or inconsistent response to sensory stimuli, in combination with subdivisions (a), (b), and (c) of subrule (2) of this rule.

(4) While autism spectrum disorder may exist concurrently with other diagnoses or areas of disability, to be eligible under this rule, there shall not be a primary diagnosis of schizophrenia or emotional impairment.

(5) A determination of impairment shall be based upon a full and individual evaluation by a multidisciplinary evaluation team including, at a minimum, a psychologist or psychiatrist, an authorized provider of speech and language under R 340.1745(d), and a school social worker.

History

History: 1983 AACS; 2002 AACS; 2004 AACS; 2010 AACS.

Mich. Admin. Code R 340.1716 "Traumatic brain injury" defined; determination {#sec-r-340.1716 omnilex-key=us-mi-regs-official--dept-education--R 340.1716}

Rule 16. (1) "Traumatic brain injury" means an acquired injury to the brain which is caused by an external physical force and which results in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairment in 1 or more of the following areas:

(a) Cognition.

(b) Language.

(d) Attention.

(e) Reasoning.

(f) Behavior.

(g) Physical functions.

(h) Information processing.

(i) Speech.

(2) The term does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma.

(3) A determination of disability shall be based upon a full and individual evaluation by a multidisciplinary evaluation team, which shall include an assessment from a family physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101 et seq.

History

History: 2002 AACS; 2010 AACS.

Mich. Admin. Code R 340.1717 Deaf-blindness defined; determination {#sec-r-340.1717 omnilex-key=us-mi-regs-official--dept-education--R 340.1717}

Rule 17. (1) Deaf-blindness means concomitant hearing impairment and visual impairment, the combination of which causes severe communication and other developmental and educational needs that cannot be accommodated in special education programs without additional supports to address the unique needs specific to deafblindness. Deaf-blindness also means both of the following:

(a) Documented hearing and visual losses that, if considered individually, may not meet the requirements for visual impairment or hearing impairment, but the combination of the losses affects educational performance.

(b) Such students function as if they have both a hearing and visual loss, based upon responses to auditory and visual stimuli in the environment, or during vision and hearing evaluations.

(2) A determination of the disability shall be based upon data provided by a multidisciplinary evaluation team which shall include assessment data from all of the following:

(a) Medical specialists such as any of the following:

(i) An ophthalmologist.

(ii) An optometrist.

(iii) An audiologist.

(iv) An otolaryngologist.

(v) An otologist.

(vi) A family physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101 et seq.

(b) A teacher of students with visual impairment.

History

History: 2004 AACS.

Mich. Admin. Code R 340.1719 Rescinded {#sec-r-340.1719 omnilex-key=us-mi-regs-official--dept-education--R 340.1719}

PART 2. INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED

EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE

PROCESS PROCEDURES

History

History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 340.1721 Request for initial evaluation {#sec-r-340.1721 omnilex-key=us-mi-regs-official--dept-education--R 340.1721}

Rule 21. Within 10 school days of receipt of a written request for an initial evaluation of a student suspected of having a disability, and before any formal evaluation designed to determine eligibility for special education programs and services, the public agency shall provide the parent with written notice consistent with 34 CFR § 300.503 and, when necessary shall request written consent to evaluate.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2010 AACS; 2011 AACS; 2013 AACS.

Mich. Admin. Code R 340.1721a Initial evaluation {#sec-r-340.1721a omnilex-key=us-mi-regs-official--dept-education--R 340.1721a}

Rule 21a. (1) Each student suspected of having a disability shall be evaluated by a multidisciplinary evaluation team as defined in R 340.1701b(b). In addition to the requirements in R 340.1705 to R 340.1717, the multidisciplinary evaluation team shall do all of the following:

(a) Complete a full and individual evaluation.

(b) Make a recommendation of eligibility and prepare a written report to be presented to the individualized education program team by the designated multidisciplinary evaluation team member who can explain the instructional implication of evaluation results. The report shall include information needed by the individualized education program team to determine all of the following:

(i) Eligibility.

(ii) A student's present level of academic achievement and functional performance.

(iii) The educational needs of the student.

(2) Special education personnel who are authorized to conduct evaluations of students suspected of having a disability may provide consultation to general education personnel.

History

History: 1980 AACS; 1987 AACS; 2002 AACS; 2009 AACS; 2010 AACS; 2011 AACS.

Mich. Admin. Code R 340.1721b Public agency responsibilities and timelines {#sec-r-340.1721b omnilex-key=us-mi-regs-official--dept-education--R 340.1721b}

Rule 21b. (1) When a written request for an evaluation is made for a student attending a public school, all of the following apply:

(a) Within 10 school days of receipt of the written request, the public agency shall provide the parent with written notice consistent with 34 CFR 300.503 and request written parental consent to evaluate. The time from receipt of parental consent for an evaluation to the notice of an offer of a free appropriate public education or the determination of ineligibility must not be more than 30 school days. This timeline begins on receipt of the signed parental consent by the public agency requesting the consent. The parent and the public agency may agree to extend this timeline. Any extension must comply with both of the following:

(i) Be in writing.

(ii) Be measured in school days.

(b) The parent has 10 school days after receipt of the notice of an initial offer of a free appropriate public education to provide the public agency with written parental consent to provide initial special education programs and services.

(c) Within 7 school days of the date of the individualized education program team meeting, the public agency shall provide the parent with the notice of an offer of a free appropriate public education or determination of ineligibility. The public agency shall document the mode and date of delivery of the notice. The notice must identify where the programs and services will be provided and when the individualized education program will begin.

(d) Unless a parent has filed a due process complaint to request a hearing under R 340.1724f, the public agency, as defined in 34 CFR 300.33, shall initiate a proposed special education individualized education program as soon as possible and within 15 school days of the parent’s receipt of written notification under subdivision (c) of this subrule, or within 15 school days of receipt of written parental consent under subdivision (b) of this subrule.

The parties may agree to a later initiation date if the individualized education program clearly identifies the later date. A later initiation date must not be used to deny or delay programs or services because they are unavailable and must not be used for purposes of administrative convenience.

(e) For a student with an individualized education program effective at a public agency who transfers to a different public agency during the same school year, the new public agency shall immediately provide a free appropriate public education. A decision regarding implementation of an individualized education program in accordance with 34 CFR 300.323 must be made within 30 school days of enrollment.

(2) When a written request for an initial evaluation is made for a student who is parentallyplaced in a private school, the public agency shall do all of the following:

(a) Within 10 school days of receipt of the written request, provide written notice consistent with 34 CFR 300.503 and request written parental consent to evaluate, when appropriate.

(b) Within 30 school days of receipt of written parental consent for an evaluation, determine eligibility and provide notice consistent with 34 CFR 300.503. The parent and the public agency may agree to extend this timeline. Any extension must comply with both of the following:

(i) Be in writing.

(ii) Be measured in school days.

History

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2011 AACS; 2013 AACS; 2024 AACS.

Mich. Admin. Code R 340.1721c Rescinded {#sec-r-340.1721c omnilex-key=us-mi-regs-official--dept-education--R 340.1721c}

History

History: 1980 AACS; 1987 AACS; 2002 AACS; 2010 AACS; 2011 AACS.

Mich. Admin. Code R 340.1721d Rescinded {#sec-r-340.1721d omnilex-key=us-mi-regs-official--dept-education--R 340.1721d}

History

History: 1980 AACS; 2002 AACS; 2011 AACS.

Mich. Admin. Code R 340.1721e Individualized education program {#sec-r-340.1721e omnilex-key=us-mi-regs-official--dept-education--R 340.1721e}

Rule 21e. (1) Pursuant to 34 CFR Part 300 (2019), an individualized education program team shall develop a written individualized education program that includes all of the following:

(a) A statement of measurable annual goals, including measurable short-term objectives.

(b) A statement documenting that the individualized education program team considered extended school year services.

(c) For a child age 3 through 5, a statement of the child’s socialization needs and ability to participate and progress in developmentally appropriate activities.

(2) All of the following apply to the determination of the need for extended school year services:

(a) The individualized education program team shall determine if a student's current annual goals address 1 or more skills that need extended school year services. For any identified annual goal, the individualized education program team shall consider all of the following:

(i) Data that indicate that in the identified annual goal there is a potential for regression of skills beyond a reasonable period of recoupment.

(ii) Data regarding the nature or severity of the disability of the student that indicate that there is a need to provide services in the identified annual goal during breaks in the school year.

(iii) Information that indicates that in the identified annual goal the student is at a critical stage of learning or in a critical area of learning where failure to provide a service beyond the normal school year will severely limit the student's capacity to acquire essential skills.

(b) If the individualized education program team determines that any data or information described in subdivision (a)(i) to (iii) of this subrule indicates a need for extended school year services, the individualized education program team shall include extended school year services in the student's individualized education program.

(c) The individualized education program team shall not determine the need for extended school year services based on a formula or policy that prohibits full consideration of the unique educational needs of each student.

(d) The individualized education program team shall consider related services, transportation, supplementary aids and services, and instructional programming when planning a student's extended school year services.

(e) The individualized education program team shall conclude consideration of extended school year services in sufficient time to make plans for the delivery of extended school year services.

(3) Any participant in the individualized education program team's deliberations who disagrees, in whole or in part, with the team's determination may indicate the reasons on the team's individualized education program report or may submit a written statement to be attached to the report.

(4) The individualized education program team shall determine the programs and services for a student with a disability pursuant to 34 CFR Part 300 (2019). The individualized education program team shall not restrict the individualized education program to the programs and services available.

(5) The individualized education program team shall consider the Michigan school for the deaf as a part of the total continuum of services for students who are deaf or hard of hearing.

The resident district shall conduct the individualized education program team meeting that initiates an assignment to the Michigan school for the deaf. The individualized education program team shall invite representatives of the intermediate school district of residence and the Michigan school for the deaf to participate in the individualized education program team meeting.

(6) The school district of residence is responsible for conducting the initial individualized education program team meeting involving a student in its district and shall conduct, or authorize the operating district to conduct, each subsequent individualized education program team meeting at a mutually agreed upon time and place.

(7) The operating district shall invite the resident district to attend the individualized education program team meeting when the district of residence has authorized the operating district to conduct each subsequent individualized education program team meeting.

2013 AACS; 2020 AACS; 2021 AACS.

History

History: 1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2008 AACS; 2009 AACS; 2011 AACS;

Mich. Admin. Code R 340.1722 District responsibilities {#sec-r-340.1722 omnilex-key=us-mi-regs-official--dept-education--R 340.1722}

Rule 22. (1) The superintendent or his or her designee shall appoint a staff person to be responsible for the implementation of the individualized education program, including services provided by other agencies.

(2) The staff person responsible for the implementation of the individualized education program shall be either of the following:

(a) The principal of the building where the primary educational program is provided to the student with an individualized education program.

(b) Another staff person who is generally accessible to the staff and who will be working with the student.

(3) Each public agency shall provide special education and related services to a student in accordance with the student's individualized education program.

History

History: 1979 AC; 1980 AACS; 1994 AACS; 2002 AACS; 2010 AACS; 2011 AACS; 2013 AACS.

Mich. Admin. Code R 340.1722a Rescinded {#sec-r-340.1722a omnilex-key=us-mi-regs-official--dept-education--R 340.1722a}

2008 AACS; 2010 AACS; 2011 AACS.

History

History: 1980 AACS; 1987 AACS; 1990 AACS; 1994 AACS; 1995 AACS; 2002 AACS; 2004 AACS;

Mich. Admin. Code R 340.1722b Rescinded {#sec-r-340.1722b omnilex-key=us-mi-regs-official--dept-education--R 340.1722b}

History

History: 1980 AACS; 1987 AACS.

Mich. Admin. Code R 340.1722c Rescinded {#sec-r-340.1722c omnilex-key=us-mi-regs-official--dept-education--R 340.1722c}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1722d Rescinded {#sec-r-340.1722d omnilex-key=us-mi-regs-official--dept-education--R 340.1722d}

History

History: 1980 AACS; 1997 AACS; 2002 AACS.

Mich. Admin. Code R 340.1722e Rescinded {#sec-r-340.1722e omnilex-key=us-mi-regs-official--dept-education--R 340.1722e}

History

History: 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2011 AACS.

Mich. Admin. Code R 340.1722f Rescinded {#sec-r-340.1722f omnilex-key=us-mi-regs-official--dept-education--R 340.1722f}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1723 Rescinded {#sec-r-340.1723 omnilex-key=us-mi-regs-official--dept-education--R 340.1723}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1723a Rescinded {#sec-r-340.1723a omnilex-key=us-mi-regs-official--dept-education--R 340.1723a}

History

History: 1980 AACS; 1995 AACS; 2002 AACS.

Mich. Admin. Code R 340.1723b Rescinded {#sec-r-340.1723b omnilex-key=us-mi-regs-official--dept-education--R 340.1723b}

History

History: 1980 AACS; 1994 AACS; 2002 AACS.

Mich. Admin. Code R 340.1723c Right to independent educational evaluation {#sec-r-340.1723c omnilex-key=us-mi-regs-official--dept-education--R 340.1723c}

Rule 23c. (1) Each public agency shall provide parents with information about independent educational evaluations at public expense. The information must include all of the following:

(a) Criteria regarding credentials for qualified examiners.

(b) Suggested sources and locations.

(d) Reasonable expected costs.

(e) Notification that the parent is not restricted to choosing from sources suggested by the public agency.

(2) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency. A parent is entitled to only 1 independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

(3) When a parent requests an independent educational evaluation at public expense, the public agency shall, without unnecessary delay, either provide an independent educational evaluation at public expense or initiate a hearing under R 340.1724f to show that its evaluation is appropriate.

(4) The public agency shall respond with written notice consistent with 34 CFR 300.503 to a request for an independent educational evaluation under this rule within 7 calendar days of its receipt by indicating the public agency's intention to honor the request or initiate the hearing procedure under R 340.1724f. If there is a hearing under R 340.1724f and the hearing officer determines that the evaluation is appropriate, the parent retains the right to an independent educational evaluation, but not at public expense.

(5) The public agency shall disclose to the parent, before evaluation, whether the examiner who was contracted to provide an independent educational evaluation provides services to the public agency that are in addition to the independent educational evaluation.

(6) Unless agreeable to the parent, an examiner who regularly contracts with the public agency to provide services shall not conduct an independent educational evaluation.

History

History: 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2008 AACS; 2018 AACS; 2024 AACS.

Mich. Admin. Code R 340.1724 Rescinded {#sec-r-340.1724 omnilex-key=us-mi-regs-official--dept-education--R 340.1724}

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

Mich. Admin. Code R 340.1724a Rescinded {#sec-r-340.1724a omnilex-key=us-mi-regs-official--dept-education--R 340.1724a}

History

History: 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1724b Rescinded {#sec-r-340.1724b omnilex-key=us-mi-regs-official--dept-education--R 340.1724b}

History

History: 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS.

Mich. Admin. Code R 340.1724c Rescinded {#sec-r-340.1724c omnilex-key=us-mi-regs-official--dept-education--R 340.1724c}

History

History: 1987 AACS; 1990 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1724d Mediation {#sec-r-340.1724d omnilex-key=us-mi-regs-official--dept-education--R 340.1724d}

Rule 24d. (1) A parent or public agency may request a mediation process in which the relief sought consists of a mutually agreeable settlement between the parties of a dispute that might be the subject of a state special education complaint under part 8 of the rules or a due process complaint under R 340.1724f.

(2) The superintendent of public instruction shall approve procedures regarding the mediation process.

History

History: 1987 AACS; 2002 AACS; 2008 AACS; 2018 AACS.

Mich. Admin. Code R 340.1724e Rescinded {#sec-r-340.1724e omnilex-key=us-mi-regs-official--dept-education--R 340.1724e}

History

History: 2006 AACS; 2008 AACS.

Mich. Admin. Code R 340.1724f Due process complaints; procedures {#sec-r-340.1724f omnilex-key=us-mi-regs-official--dept-education--R 340.1724f}

Rule 24f. (1) A parent, a public agency, or the department may request a hearing by doing both of the following:

(a) Filing a written due process complaint, signed by the complainant, with the department by mail, by personal delivery, or by electronic submission.

(b) Providing a copy of the complaint to the public agency or other party or parties that are the subject of the due process complaint.

(2) A complainant may request a hearing on matters related to 1 or more of the following:

(a) Identification.

(b) Evaluation.

(d) Provision of a free appropriate public education.

(e) Provision of appropriate services under 34 CFR Part 303 (2019) to the child or the child's family.

(f) Assignment of financial obligations for services under 34 CFR Part 303 (2019) to the parents.

(g) Determination that behavior was not a manifestation of the student's disability.

(h) Determination of an appropriate interim alternative educational setting by the individualized education program team.

(i) Placement in an interim alternative setting for not more than 45 school days, because maintaining the current placement is substantially likely to result in injury to the student or others.

(3) Upon receipt of a due process complaint, the department shall refer the complaint to the Michigan office of administrative hearings and rules, which shall appoint an administrative law judge to conduct a hearing in accordance with the Individuals with Disabilities Education Act, 20 USC 1400 et seq.; sections 1701 to 1761 of the revised school code, 1976 PA 451, MCL 380.1701 to 380.1761; R 792.11801 to R 792.11803; and these rules.

(4) Any party aggrieved by a final decision and order issued by an administrative law judge under this rule may appeal to a court of competent jurisdiction within 90 days after the mailing date of the final decision and order.

(5) Unless otherwise specified in the administrative law judge's final decision and order, the public agency shall implement the final decision and order within 15 school days of the agency's receipt of the final decision and order.

(6) If the final decision and order of an administrative law judge requires, the public agency shall submit proof of compliance with the final decision and order to the department, documenting that the public agency has implemented the provisions of the final decision and order.

History

History: 2006 AACS; 2008 AACS; 2010 AACS; 2013 AACS; 2020 AACS.

Mich. Admin. Code R 340.1724g Rescinded {#sec-r-340.1724g omnilex-key=us-mi-regs-official--dept-education--R 340.1724g}

History

History: 2006 AACS; 2008 AACS.

Mich. Admin. Code R 340.1724h Administrative law judge training {#sec-r-340.1724h omnilex-key=us-mi-regs-official--dept-education--R 340.1724h}

Rule 24h. The department, in conjunction with the Michigan office of administrative hearings and rules, shall ensure that administrative law judges conducting hearings under these rules receive training, as needed, regarding administrative law, administrative procedure, special education law, special education rules, special education policy, and special education practice.

History

History: 2006 AACS; 2008 AACS; 2020 AACS.

Mich. Admin. Code R 340.1724i Reimbursement {#sec-r-340.1724i omnilex-key=us-mi-regs-official--dept-education--R 340.1724i}

Rule 24i. This rule applies only to due process complaints filed on or after July 1, 2006. For purposes of MCL 380.1752, this rule replaces R 340.1882(4), which was rescinded. The district of residence or public school academy shall reimburse the State 75% of the costs related to providing the due process hearing.

History

History: 2006 AACS; 2008 AACS.

Mich. Admin. Code R 340.1725 Rescinded {#sec-r-340.1725 omnilex-key=us-mi-regs-official--dept-education--R 340.1725}

History

History: 1979 AC; 1980 AACS; 1987 AACS; 1994 AACS; 1995 AACS; 2002 AACS.

Mich. Admin. Code R 340.1725a Rescinded {#sec-r-340.1725a omnilex-key=us-mi-regs-official--dept-education--R 340.1725a}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1725b Rescinded {#sec-r-340.1725b omnilex-key=us-mi-regs-official--dept-education--R 340.1725b}

History

History: 1980 AACS; 1987 AACS; 1990 AACS; 2002 AACS.

Mich. Admin. Code R 340.1725c Rescinded {#sec-r-340.1725c omnilex-key=us-mi-regs-official--dept-education--R 340.1725c}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1725d Rescinded {#sec-r-340.1725d omnilex-key=us-mi-regs-official--dept-education--R 340.1725d}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1725e Administrative law judge; duties and authority {#sec-r-340.1725e omnilex-key=us-mi-regs-official--dept-education--R 340.1725e}

Rule 25e. (1) The administrative law judge has the authority to do all of the following:

(a) Administer oaths and affirmations.

(b) Sign and issue subpoenas requiring the attendance and giving of testimony by witnesses and the production of documents.

(d) Require a prehearing conference, if appropriate, to consider and take action regarding any of the following:

(i) The formulation and simplification of the issues.

(ii) Admissions of fact and documents that will avoid unnecessary testimony.

(iii) The need and scheduling for the filing of motions, briefs, and dates for further conferences and the hearing.

(iv) Settlement, which may include encouraging the use of mediation or other alternative dispute resolution options.

(v) The filing and disposition of requests or motions.

(vi) Establishing a reasonable limit on the time allowed for presenting evidence.

(vii) Other matters as may facilitate the disposition of the hearing.

(e) Control the conduct of parties or participants in the hearing for the purpose of ensuring an orderly procedure.

(f) Grant a specific extension of time at the request of either party for good cause.

(2) The administrative law judge shall disclose to both parties any relationship of a professional or personal nature that might have a bearing on his or her ability to conduct a fair hearing or render an impartial decision and shall consider motions to disqualify the administrative law judge.

(3) The administrative law judge may admit and consider evidence of a type upon which reasonably prudent persons rely in the conduct of their affairs. The administrative law judge may exclude irrelevant, immaterial, and unduly repetitious evidence. The administrative law judge shall give effect to the rules of privilege recognized by law.

(4) For matters that these rules do not specifically address, R 792.10101 to R 792.10137, R 792.11801 to R 792.11803, the Michigan court rules, and chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288, apply.

History

History: 1987 AACS; 1994 AACS; 2002 AACS; 2020 AACS.

Mich. Admin. Code R 340.1725f Surrogate parent {#sec-r-340.1725f omnilex-key=us-mi-regs-official--dept-education--R 340.1725f}

Rule 25f. Each public agency shall appoint persons to serve as surrogate parents in accordance with 34 CFR part 300 section 300.519.

PART 3. ADMINISTRATION OF PROGRAMS AND SERVICES

History

History: 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1731 Rescinded {#sec-r-340.1731 omnilex-key=us-mi-regs-official--dept-education--R 340.1731}

History

History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 340.1732 Designation of residency {#sec-r-340.1732 omnilex-key=us-mi-regs-official--dept-education--R 340.1732}

Rule 32. (1) The residency of a student with a disability shall be determined in accordance with sections 380.1148 and 380.1148a of 1976 PA 451, MCL 380.1148 and MCL 380.1148a.

(2) If a disagreement occurs between 2 or more school districts as to the residency of a student with a disability, then all of the following procedures apply:

(a) Notice shall be sent to the department by a school district involved. The notice shall include all of the following information:

(i) The names of all of the school districts alleged as a resident school district.

(ii) The name of the student involved.

(iii) The name and address of the parent or guardian, or address of the student if the student is over 18 years of age.

(b) The department or its representative shall immediately notify the school districts involved and the parent, guardian, or student of the receipt of notice of disagreement.

(c) Within 7 calendar days of receipt of notice from the department, all parties shall provide the department with a written statement of their position and supporting facts.

(d) Within 14 calendar days of the receipt of a notice of a disagreement from a school district, the department shall investigate the matter, consider information received from the parties involved, and make a determination as to the residency of the student. A copy of the determination shall be immediately sent to each party involved.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1733 Program and service requirements {#sec-r-340.1733 omnilex-key=us-mi-regs-official--dept-education--R 340.1733}

Rule 33. An intermediate school district, local school district, public school academy, and any other agency shall comply with all of the following general requirements for all programs and services for students with disabilities:

(a) Special education classrooms or areas where related services are provided must have at least the same average number of square feet per student and the same light, ventilation, and heat conditions as provided for general education students in the school district.

(b) Programs for students with severe cognitive impairment and severe multiple impairments that have students under 16 years of age must not exceed a 6-year age span at any 1 time.

(c) All other special education programs that have students under 16 years of age and are operated in separate facilities must not exceed a 4-year age span at any 1 time.

(d) The age span for students who are assigned to special education programs, except for programs for students with severe cognitive impairment and severe multiple impairments, operated in elementary buildings attended by children who are nondisabled must not exceed, at any 1 time, the age span of the students who are nondisabled in the building.

(e) The age span for students who are assigned to special education programs, except for programs for students with severe cognitive impairment and severe multiple impairments, operated in secondary buildings attended by students who are nondisabled must not exceed, at any 1 time, the age span of the students who are nondisabled in the building, except in high school buildings where students up to 26 years of age may be served. As used in this subdivision, "nondisabled" does not include individuals participating in adult education programs.

(f) Programs for students with severe cognitive impairment, severe multiple impairments, and moderate cognitive impairment must comply with subdivisions (b), (c), (d), and (e) of this rule unless a program is operated in accordance with an approved intermediate school district plan where, due to the low incidence of eligible students, expanded age ranges may be necessary for programmatic feasibility and meeting the needs of students.

(g) Students with disabilities qualifying for special education programs and services shall be provided with supplies and equipment at least equal to those provided to other students in general education programs, in addition to those supplies and equipment necessary to implement the students’ individualized education programs.

(h) Intermediate school districts, local school districts, public school academies, or a combination of these agencies in cooperation with public and private entities, shall provide or contract for the provision of transition services. Special education teachers shall be assigned to supervise these services. Professional special education personnel, a transition coordinator, or both, shall coordinate transition services.

(i) For worksite-based learning, there must be a written agreement signed by the student, parent, school representative, and worksite representative that includes all of the following information:

(i) Expectations and standards of attainment.

(ii) Job activities.

(iii) Time and duration of the program.

(iv) Wages to be paid to the student, if applicable.

(v) Related instruction, if applicable.

(vi) The name of a staff member designated by the superintendent or chief administrator of the public agency to visit the student's worksite at least once every 30 calendar days for the duration of the program to check attendance and student progress and assess the placement in terms of health, safety, and welfare of the student.

(j) When an assigned instructional aide or teacher aide required by R 340.1738, R 340.1739, or R 340.1748 is absent, an instructional aide or teacher aide, as appropriate, shall be provided. In addition, when an assigned aide required by R 340.1740 is absent, an appropriate aide shall be provided.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2004 AACS; 2010 AACS; 2024 AACS.

Mich. Admin. Code R 340.1734 Deviations from rules {#sec-r-340.1734 omnilex-key=us-mi-regs-official--dept-education--R 340.1734}

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.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 1994 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1735 Rescinded {#sec-r-340.1735 omnilex-key=us-mi-regs-official--dept-education--R 340.1735}

History

History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 340.1736 Rescinded {#sec-r-340.1736 omnilex-key=us-mi-regs-official--dept-education--R 340.1736}

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1737 Rescinded {#sec-r-340.1737 omnilex-key=us-mi-regs-official--dept-education--R 340.1737}

History

History: 1979 AC; 1980 AACS; 1983 AACS; 2002 AACS.

Mich. Admin. Code R 340.1738 Severe cognitive impairment program {#sec-r-340.1738 omnilex-key=us-mi-regs-official--dept-education--R 340.1738}

Rule 38. A severe cognitive impairment program shall be operated as follows:

(a) There shall be 1 teacher and 2 instructional aides for a maximum of 12 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 severe cognitive impairment program.

(b) A severe cognitive impairment program shall consist of either of the following:

(i) A minimum of 200 days and 1,150 clock hours of instruction.

(ii) A minimum of 1,150 hours of instruction with no breaks greater than 10 consecutive days of pupil instruction.

(c) Any decision on whether the child shall participate in the program beyond the regular school year established by the operating district must be made on an individual basis by the individualized education program team.

(d) Teachers shall be responsible for the instructional program and shall coordinate the activities of aides and supportive professional personnel.

(e) Instructional aides shall work under the supervision of the teacher and assist in the student's daily training program.

(f) Program assistants may assist the teacher and the instructional aides in the feeding, lifting, and individualized care of students.

(g) A registered nurse shall be reasonably available.

History

History: 1979 AC; 1980 AACS; 1987 AACS: 1989 AACS; 2002 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 340.1739 Programs for students with moderate cognitive impairment {#sec-r-340.1739 omnilex-key=us-mi-regs-official--dept-education--R 340.1739}

Rule 39. Programs for students with moderate cognitive impairment shall be operated as follows:

(a) There shall be 1 teacher and 1 teacher aide for a maximum of 15 students.

(b) There shall be 1 lead teacher and a maximum of 3 instructional aides for a maximum of 30 students, with not more than 10 students for each aide.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1740 Programs for students with mild cognitive impairment {#sec-r-340.1740 omnilex-key=us-mi-regs-official--dept-education--R 340.1740}

Rule 40. Programs for students with mild cognitive impairment shall be operated as follows:

(a) Elementary programs for students with mild cognitive impairment shall serve not more than 15 different students. When an elementary program for students with mild cognitive impairment has 12 or more students in the room at one time, an aide shall be assigned to the program.

(b) Secondary programs for students with mild cognitive impairment 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.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1741 Programs for students with emotional impairment {#sec-r-340.1741 omnilex-key=us-mi-regs-official--dept-education--R 340.1741}

Rule 41. Programs for students with emotional impairment 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.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1742 Programs for students who are deaf or hard of hearing {#sec-r-340.1742 omnilex-key=us-mi-regs-official--dept-education--R 340.1742}

Rule 42. If a public agency operates programs and services for students who are deaf or hard of hearing, it shall operate those programs and services as follows:

(a) A special class with 1 teacher shall have an enrollment of not more than 7 students.

(b)The public agency shall provide group amplification devices deemed necessary for instruction by the individualized education program team. The public agency shall ensure that the amplification devices worn by students who are deaf or hard of hearing in school are functioning properly.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS; 2018 AACS.

Mich. Admin. Code R 340.1743 Programs for students with visual impairment {#sec-r-340.1743 omnilex-key=us-mi-regs-official--dept-education--R 340.1743}

Rule 43. Programs and services for students with visual impairment shall be determined by the severity and multiplicity of the impairments. 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 programming for not more than 10 different students. The public agency shall ensure that low vision aids, excluding prescription eye glasses, are available and functioning properly.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1744 Programs for students with physical impairment or other health impairment {#sec-r-340.1744 omnilex-key=us-mi-regs-official--dept-education--R 340.1744}

Rule 44. (1) Programs for students with physical impairment or other health impairment 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.

(2) Special classroom units serving students with physical or other health impairment shall provide not less than 60 square feet of floor space per person.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1745 Services for students with speech and language impairment {#sec-r-340.1745 omnilex-key=us-mi-regs-official--dept-education--R 340.1745}

Rule 45. All of the following provisions are specific requirements for speech and language services:

(a) The speech and language services provided by an authorized provider of speech and language services shall be based on the needs of a student with a disability as determined by the individualized education program team after reviewing a diagnostic report provided by an authorized provider of speech and language services.

(b) The determination of caseload size for an authorized provider of speech and language services shall be made by the authorized provider of speech and language services in cooperation with the district director of special education, or his or her designee, and the building principal or principals of the school or schools in which the students are enrolled.

Caseload size shall be based upon the severity and multiplicity of the disabilities and the extent of the service defined in the collective individualized education programs of the students to be served, allowing time for all of the following:

(i) Diagnostics.

(ii) Report writing.

(iii) Consulting with parents and teachers.

(iv) Individualized education program team meetings.

(v) Travel.

(c) Individual caseloads of authorized providers of speech and language services shall not exceed 60 different persons and shall be adjusted based on factors identified in subdivision (b) of this rule. Students being evaluated shall be counted as part of the caseload.

(d) An authorized provider of speech and language impaired services shall be either a teacher of students with speech and language impairment under R 340.1781, R 340.1782, and R 340.1796, or a person with a master's degree, as qualified under R 340.1792.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1746 Homebound and hospitalized services {#sec-r-340.1746 omnilex-key=us-mi-regs-official--dept-education--R 340.1746}

Rule 46. (1) A district or intermediate district shall provide homebound and hospitalized services to a student with a disability in accordance with section 109 of the state school aid act of 1979, 1979 PA 94, MCL 388.1709, and the individuals with disabilities education act, 20 USC 1400 to 1482.

(2) A district or intermediate district shall not assign more than 12 students at any 1 time to a special education teacher employed for homebound or hospitalized services, or for a combination of these services.

(3) A student with a disability receiving homebound or hospitalized services shall receive a minimum of 2 nonconsecutive hours of instruction per week. Related services may supplement, but not substitute for, the teacher's instruction.

(4) Homebound and hospitalized services are not a substitute for special education programs and services. The provider of homebound and hospitalized services shall, to the extent appropriate, provide curricular experiences that the district or intermediate district provides in the program where the student is enrolled.

(5) For purposes of this rule, “district” and “intermediate district” mean those terms as defined in sections 3 and 5 of the state school aid act of 1979, 1979 PA 94, MCL 388.1603 and 388.1605.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS; 2022 AACS.

Mich. Admin. Code R 340.1747 Programs for students with specific learning disabilities {#sec-r-340.1747 omnilex-key=us-mi-regs-official--dept-education--R 340.1747}

Rule 47. Programs for students with specific learning disabilities 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.

History

History: 1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1748 Severe multiple impairments program {#sec-r-340.1748 omnilex-key=us-mi-regs-official--dept-education--R 340.1748}

Rule 48. (1) A severe multiple impairment program 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 fulltime aide shall be employed in every severe multiple impairments program.

(2) A severe multiple impairments program shall consist of either of the following:

(a) A minimum of 200 days and 1,150 clock hours of instruction.

(b) A minimum of 1,150 hours of instruction with no breaks greater than 10 consecutive days of pupil instruction.

(3) Any decision on whether the child shall participate in the program beyond the regular school year established by the operating district must be made on an individual basis by the individualized education program team.

(4) A registered nurse shall be reasonably available.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 1989 AACS; 2002 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 340.1748a Teacher consultant without a student caseload assignment; evaluation and consultation assignment; responsibilities {#sec-r-340.1748a omnilex-key=us-mi-regs-official--dept-education--R 340.1748a}

Rule 48a. (1) The teacher consultant for special education with an evaluation and consultation assignment shall do either or both of the following:

(a) Provide consultation to education personnel on behalf of students with disabilities.

(b) Evaluate students.

(2) The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously.

History

History: 2011 AACS.

Mich. Admin. Code R 340.1749 Teacher consultant with a student caseload; responsibilities {#sec-r-340.1749 omnilex-key=us-mi-regs-official--dept-education--R 340.1749}

Rule 49. (1) The teacher consultant for special education with a student caseload shall do 1 or more of the following:

(a) Provide instructional services to students receiving instruction in special education programs. Instructional services are supportive of the special education teacher. A teacher consultant shall not grade, give credit for, or teach a general education or a special education subject, class, or course.

(b) Provide instructional services to a student with a disability in a general education classroom. Instructional services are supportive of the general education teacher. The teacher consultant shall not grade, give credit for, or teach a general education subject, class, or course.

(d) Evaluate students suspected of being a student with a disability.

(2) The teacher consultant shall carry an active caseload of not more than 25 students with disabilities. 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.

(b) Evaluation.

(d) Report writing.

(e) Travel.

(3) The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2011 AACS.

Mich. Admin. Code R 340.1749a Elementary level resource program {#sec-r-340.1749a omnilex-key=us-mi-regs-official--dept-education--R 340.1749a}

Rule 49a. (1) A district that provides a special education elementary level resource program shall be provided by a special education teacher.

(2) The elementary resource teacher shall serve not more than 10 students at any 1 time and not more than 18 different students and shall do either or both of the following:

(a) Provide direct instruction to students on the resource teacher’s caseload and may assign grades or other evaluative measures for this instruction.

(b) Provide support to the general education classroom teachers to whom special education students on the resource teacher’s caseload have been assigned. Time shall be allocated to the resource teacher to carry out this responsibility.

(3) The elementary resource program teacher may provide supplemental instruction to students on his or her caseload.

(4) The elementary resource teacher may evaluate general education students within the same building who are suspected of having a disability 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 1 time. Time shall be allocated to the resource teacher to carry out this responsibility.

(5) If the special education teacher to whom the student is assigned does not have an endorsement in the area which matches the student’s disability, the individualized educational program team shall determine if a teacher consultant with such credentials is needed to provide consultation, resources, and support services to the resource teacher.

History

History: 1987 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 340.1749b Secondary level resource program {#sec-r-340.1749b omnilex-key=us-mi-regs-official--dept-education--R 340.1749b}

Rule 49b. (1) A district that provides a special education secondary level resource program shall be provided by a special education teacher.

(2) A secondary resource teacher shall serve not more than 10 students at any 1 time and have a caseload of not more than 20 different students and shall do either or both of the following:

(a) Provide direct instruction for special education courses approved for graduation by the local educational agency. The teacher may assign grades or other evaluative measures for this instruction.

(b) Provide support to the general education classroom teachers to whom special education students on the resource program teacher's caseload have been assigned. Time shall be allocated to the resource teacher to carry out this responsibility.

(3) The secondary resource teacher may provide supplemental instruction to students on his or her caseload who are enrolled in general education classes. The teacher shall not teach a class and offer tutorial assistance at the same time.

(4) If the special education teacher to whom the student is assigned does not have an endorsement in the area which matches the student's disability, the individualized educational program team shall determine if a teacher consultant with such credentials is needed to provide consultation, resources, and support services to the resource teacher.

History

History: 1987 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 340.1749c Departmentalization of special education programs {#sec-r-340.1749c omnilex-key=us-mi-regs-official--dept-education--R 340.1749c}

Rule 49c. (1) A school with more than 1 special education teacher may departmentalize.

(2) Each teacher shall teach only 1 local education agency approved special education course per period.

(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.

(4) Each teacher shall serve not more than an average of 10 students per class period per instructional day.

History

History: 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1750 Director of special education {#sec-r-340.1750 omnilex-key=us-mi-regs-official--dept-education--R 340.1750}

Rule 50. (1) Local school districts or public school academies may employ, or contract for the services of, a not less than half-time director of special education under the intermediate school district plan.

(2) Each intermediate school district shall employ, or contract for the services of, a fulltime director of special education.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1751 Supervisor of special education {#sec-r-340.1751 omnilex-key=us-mi-regs-official--dept-education--R 340.1751}

Rule 51. (1) A local school district, public school academy, or intermediate school district may employ a supervisor of special education instructional programs. The person shall be employed not less than half-time.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1752 Rescinded {#sec-r-340.1752 omnilex-key=us-mi-regs-official--dept-education--R 340.1752}

History

History: 1979 AC; 1980 AACS; 1987 AACS.

Mich. Admin. Code R 340.1753 Rescinded {#sec-r-340.1753 omnilex-key=us-mi-regs-official--dept-education--R 340.1753}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1754 Early childhood special education programs; 2 years 6 months through 5 years of age {#sec-r-340.1754 omnilex-key=us-mi-regs-official--dept-education--R 340.1754}

Rule 54. (1) Early childhood special education programs for students with disabilities may be provided to students with disabilities who are 2 years 6 months through 5 years of age.

(2) Early childhood special education programs for students with disabilities shall do all of the following:

(a) Be provided by an approved or endorsed early childhood special education teacher.

(b) Be based upon the student’s individual needs as determined through an age appropriate developmental assessment and specified in an individualized education program.

(d) Have a parent participation and education component.

(e) Be available for a minimum of 360 clock hours and 144 days of instruction.

(f) Have not more than 12 students for 1 teacher and 1 aide at any one time, and the teacher shall have responsibility for the educational programming for not more than 24 different students.

History

History: 1980 AACS; 1982 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1755 Early childhood special education services; 2 years 6 months through 5 years of age {#sec-r-340.1755 omnilex-key=us-mi-regs-official--dept-education--R 340.1755}

Rule 55. (1) Early childhood special education services for students with disabilities may be provided to students with disabilities who are 2 years 6 months through 5 years of age.

(2) Early childhood special education services for students with disabilities shall do all of the following:

(a) Be provided by an approved or endorsed early childhood special education teacher or approved related service provider.

(b) Be provided by an approved related services staff working under the educational direction of an approved or endorsed early childhood special education teacher.

(c) Be provided for not less than 72 clock hours over 1 school year. Services may be provided in appropriate early childhood, school, community, or family settings.

(3) If a preschool-aged student with a disability is placed in a non-special education program, then the individualized education program team shall consider the need for consultation by an early childhood special education teacher.

History

History: 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1756 Programs for students with severe language impairment {#sec-r-340.1756 omnilex-key=us-mi-regs-official--dept-education--R 340.1756}

Rule 56. (1) A public agency may establish programs for students with severe language impairment. Specific requirements for these programs are as follows:

(a) A program for students with severe language impairment conducted by a teacher of programs for students with speech and language impairment shall serve only young children with disabilities or developmental delay or elementary students with severe language impairment.

(b) The program shall have not more than 10 students or young children with speech and language impairment in the classroom at any 1 time, and the teacher shall have responsibility for the educational programming for not more than 15 different children.

History

History: 1980 AACS; 1983 AACS; 2002 AACS; 2004 AACS; 2005 AACS.

Mich. Admin. Code R 340.1757 Students placed in juvenile detention facilities; other educational services {#sec-r-340.1757 omnilex-key=us-mi-regs-official--dept-education--R 340.1757}

Rule 57. All of the following provisions are specific requirements for educational services conducted for students placed in juvenile detention facilities:

(a) Programs shall be initiated within 5 calendar days after admission. If a student placed in a juvenile detention facility is suspected of having a disability, then the procedure outlined in part 2 of these rules shall be immediately followed.

(b) Notification of educational placement shall be sent to the superintendent of the district of residence within 5 school days after the date of entry of a student into the educational program in a juvenile detention facility.

(c) Subject to applicable federal privacy protections, education reports for each student educated in a juvenile detention facility shall be sent by certified mail to the superintendent of the district of residence within 5 school days from the date of release from the facility.

(d) Special education reimbursed personnel may provide educational services for students who do not have disabilities and who are placed in the facility, if the programs comply with both of the following provisions:

(i) They are under the supervision of a teacher approved in the area of emotional impairment.

(ii) They have not more than 10 students in a class at any 1 time.

History

History: 1980 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1758 Programs for students with autism spectrum disorder {#sec-r-340.1758 omnilex-key=us-mi-regs-official--dept-education--R 340.1758}

Rule 58. Specific requirements for programs for students with autism spectrum disorder shall be provided using either of the following alternatives:

(a) Programs that consist of 1 classroom program for students with autism spectrum disorder shall not have more than 5 students and shall be served by a teacher of students with autism spectrum disorder. 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 with 3 or more students shall have 1 aide.

(b) A special education program described in an approved intermediate school district plan under R 340.1832(d) that assures the provision of educational programming for students with autism spectrum disorder.

PART 4. QUALIFICATIONS OF DIRECTORS AND SUPERVISORS

History

History: 1983 AACS; 2002 AACS; 2004 AACS; 2013 AACS.

Mich. Admin. Code R 340.1771 Director of special education; education and experience requirements {#sec-r-340.1771 omnilex-key=us-mi-regs-official--dept-education--R 340.1771}

Rule 71. (1) For full approval, a director of special education shall possess all of the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful professional practice or administrative experience in special education, or a combination of practice and experience.

(d) Thirty semester or equivalent hours of graduate credit and a successful 200-clock-hour practicum in special education administration. Graduate credit shall be earned in a college or university whose program has been approved by the state board of education and shall be distributed appropriately to assure knowledge and competency as related to special education in all of the following areas:

(i) Program development and evaluation.

(ii) Personnel staffing, supervision, and evaluation.

(iii) Verbal and written communication.

(iv) Leadership of professional development.

(v) Budget development and fiscal reporting.

(vi) Fostering parental, family, and community involvement.

(vii) Consultation and collaboration.

(viii) Dispute resolution.

(ix) Data-based decision-making.

(x) Conflict management.

(xi) Legal and ethical issues.

(e) Verification from a college or university approved for the preparation of special education directors.

(2) A director of special education who has full approval status shall maintain full approval status indefinitely.

(3) For temporary approval, a director of special education shall possess all of the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(c) Three years of successful professional practice or administrative experience in education, or a combination of practice and experience.

(d) Twelve semester or equivalent hours of graduate credit in special education administration. Graduate credit shall be earned in a college or university whose program has been approved by the state board of education.

(e) The college or university approved for the preparation of special education directors shall verify enrollment in the director of special education preparation program and completion of 12 semester or equivalent hours of graduate credit.

(4) Continuation of temporary approval is dependent upon the satisfactory completion of not less than 6 semester or equivalent hours of required credit toward full approval before the beginning of the next school year.

(5) Any person who has completed all program requirements in effect before the effective date of these rules shall be eligible for full approval as a director of special education.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1772 Supervisor of special education; education and experience requirements {#sec-r-340.1772 omnilex-key=us-mi-regs-official--dept-education--R 340.1772}

Rule 72. (1) For full approval, a supervisor of special education shall possess all of the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(d) Twelve semester or equivalent hours of graduate credit in a college or university whose program has been approved by the state board of education. Graduate credit shall be distributed appropriately to assure knowledge and competency as related to special education in all of the following areas:

(i) Curriculum and instruction.

(ii) Administrative procedures.

(iii) Personnel supervision and evaluation.

(iv) Communication skills.

(v) Leadership of professional development.

(vi) Facilitation of effective instruction.

(vii) Data-based program improvement.

(viii) School law and policy.

(ix) Parental and family collaboration.

(e) Verification from a college or university approved for the preparation of special education supervisors.

(2) A supervisor of special education who has full approval status shall maintain full approval status indefinitely.

(3) For temporary approval, a supervisor of special education shall possess all of the following minimum qualifications:

(a) A master's degree or higher.

(b) Full approval in at least 1 area of special education.

(d) Verification of enrollment in the supervisor of special education program from a college or university approved by the state board of education for preparation of special education supervisors.

(5) Any person who has completed all program requirements in effect before the effective date of these rules shall be eligible for full approval as a supervisor of special education.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2010 AACS.

Mich. Admin. Code R 340.1773 Rescinded {#sec-r-340.1773 omnilex-key=us-mi-regs-official--dept-education--R 340.1773}

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1774 Out-of-state applicants for supervisor or director; temporary approval {#sec-r-340.1774 omnilex-key=us-mi-regs-official--dept-education--R 340.1774}

Rule 74. An applicant for temporary approval as a supervisor or director of special education who has been educated in another state shall present evidence of fulfilling all of the requirements established for applicants who have been educated in approved Michigan colleges and universities. The department shall establish procedures for the temporary approval of out-of-state applicants as supervisors or directors of special education.

PART 5. QUALIFICATIONS OF TEACHERS AND OTHER PERSONNEL

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1781 Teachers of students with disabilities; endorsement requirements {#sec-r-340.1781 omnilex-key=us-mi-regs-official--dept-education--R 340.1781}

Rule 81. (1) A teacher seeking an endorsement or full approval by the department shall meet all of the following requirements, in conjunction with those of R 340.1782, R 340.1786 to R 340.1788, R 340.1790, R 340.1795 to R 340.1797, and R 340.1799 to R 340.1799c, before being employed by an intermediate school district, local school district, public school academy, or other agency operating special education programs and services:

(a) The requisite knowledge, understanding, skills, and dispositions for effective practice related to all of the following:

(i) Utilizing research-based models, theories, and philosophies for teaching students with an array of disabilities within different placements.

(ii) Assessing students with disabilities for identification and teaching.

(iii) Implementing accommodations and modifications for classroom, district, and statewide assessments.

(iv) Using assistive technology devices to increase, maintain, or improve the capabilities of students with impairments.

(v) Communicating, consulting, and collaborating with parents/guardians, paraprofessionals, general educators, administrators, and human services personnel.

(vi) Developing, implementing, and evaluating individualized education programs.

(vii) Planning, organizing, scheduling, and conducting individualized education program team meetings, including parental and student participation.

(viii) Preparing students with disabilities for transitions consisting of preschool to elementary through post-secondary environments and employment.

(ix) Maintaining, releasing, and transferring student records according to district, state, and federal rules and policies.

(x) Articulating the historical and legal bases regarding special education, such as the concept of free appropriate public education, general least restrictive environment requirements, and family education and privacy rights.

(b) Understanding issues of race, class, culture, religion, gender, orientation, and language related to subdivision (a) of this subrule.

History

History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 340.1782 Endorsed teachers of students with disabilities; additional requirements {#sec-r-340.1782 omnilex-key=us-mi-regs-official--dept-education--R 340.1782}

Rule 82. An endorsed teacher of students with disabilities, in addition to meeting the specific requirements in R 340.1786 to R 340.1788, R 340.1795 to R 340.1797, and R 340.1799 to R 340.1799c, shall comply with all of the following requirements:

(a) Possess a valid Michigan teacher's certificate.

(b) Possess a baccalaureate degree with a major in a specific special education area or have earned credit in course work equivalent to that required for a major.

(c) Possess an endorsement in special education that is valid in grades kindergarten through 12. Elementary or secondary endorsements in special education, earned after September 1, 1990, shall be valid in grades kindergarten through 12.

(d) Have completed not less than 8 weeks of directed student teaching 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.

(e) Be recommended for a certificate or endorsement, or both, in a specific special education area by an institution of higher education or the department signifying verification of completion of a teacher education program for the specific special education area, as approved by the state board of education.

(f) On the effective date of these rules, persons approved as special education teachers under this rule, teacher consultants under R 340.1790, and teachers of preprimary-aged students under R 340.1795 shall maintain and continue to have their full approval status.

History

History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1996 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1783 Temporarily approved teachers of students with disabilities {#sec-r-340.1783 omnilex-key=us-mi-regs-official--dept-education--R 340.1783}

Rule 83. Under procedures established by the department, the department may grant temporary approval as a teacher of students with disabilities to persons who hold a valid Michigan teaching certificate. The employing superintendent shall certify that the district conducted a search for fully qualified personnel and that no certified teacher who holds full approval or endorsement for the position was available at the time of the assignment.

Continuation of temporary approval shall be dependent upon the satisfactory completion of not less than 6 semester or equivalent hours of required credit toward full approval between August 31 of the current school year and September 1 of the next school year that the teacher is employed. The school district is not required to conduct a search for a fully qualified teacher in successive school years if the candidate meets these requirements.

The school district is not required to remove a teacher under temporary or continuing approval when a fully approved or endorsed teacher becomes available.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1783a Early childhood special education teacher; full-year permit {#sec-r-340.1783a omnilex-key=us-mi-regs-official--dept-education--R 340.1783a}

Rule 83a. (1) The department may issue a permit when a properly certificated teacher, under R 340.1795, is unavailable for a regular teaching assignment for children with disabilities or developmental delay, as defined in R 340.1711.

(2) An application for a permit shall contain evidence that the candidate has a baccalaureate degree or higher, including 15 semester or equivalent hours of appropriate professional education credit.

(3) The permit is effective through June 30 of the school year for which the permit is issued and may not be renewed for the same individual.

History

History: 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1784 Rescinded {#sec-r-340.1784 omnilex-key=us-mi-regs-official--dept-education--R 340.1784}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1785 Rescinded {#sec-r-340.1785 omnilex-key=us-mi-regs-official--dept-education--R 340.1785}

History

History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1786 Teachers of students with cognitive impairment; special requirements {#sec-r-340.1786 omnilex-key=us-mi-regs-official--dept-education--R 340.1786}

Rule 86. (1) The teacher education program for teachers of students with cognitive impairment shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:

(a) The identification, classification, legislation and policies, historical perspectives, and levels of support for students with cognitive impairment.

(b) The nature and character of cognitive impairment and its unique impact on the following areas of human development:

(i) Social.

(ii) Emotional.

(iii) Language/communication.

(iv) Physical.

(v) Motor.

(vi) Sensory.

(vii) Learning, behavior, and health related problems.

(d) Assessing, teaching, and modifying instruction and curricula for students with cognitive impairment related to all of the following:

(i) Using research-based strategies and techniques for developing language and communication abilities and skills of students with cognitive impairment to promote the development of language, reading, writing, spelling, calculating, and thinking.

(ii) Selecting, adapting, and developing specialized or general education curricula, assessments, accommodations, and instructional materials for students with cognitive impairment that is aligned with the general curriculum.

(iii) Planning and implementing instruction in settings across domains, including community, personal/social, sexuality, career/employment, and leisure/recreation.

(iv) Assessing, implementing, and supporting all levels of assistive technology for individual students.

(v) Developing and maintaining collaborative relationships and partnerships with parents/families, educators, administrators, consultants, and community service providers.

(vi) Developing individualized goals for students with cognitive impairment related to social relationships, cultural competence, self-determination, and transitions to postsecondary training, career/employment, and community integration.

(e) Issues related to cognitive impairment theory, research, and policy, including definition and identification; legislation and regulations; pre-referral, referral and placement; instruction and assessment of educational progress for students with cognitive impairment; and, collaboration with general education teachers, families, and allied service providers.

(2) The 30 semester or equivalent hours shall be distributed to prioritize preparation, including pre-student teaching practice, in assessing, teaching, and modifying instruction for students with cognitive impairment.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1787 Teachers of students with emotional impairment; special requirements {#sec-r-340.1787 omnilex-key=us-mi-regs-official--dept-education--R 340.1787}

Rule 87. (1) The teacher education program for teachers of students with emotional impairment shall include 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:

(a) The identification, etiology, diagnosis, characteristics, classifications of emotional impairment, including psychiatric terminology and research-based models.

(b) The impact of various factors upon the lives and behavior of students with emotional impairment and their families, such as the legal system, socioeconomic factors, abuse and dependency, and mental health disorders.

(c) Assessing, teaching, and modifying instruction and curricula for students with emotional impairment related to all of the following:

(i) Developing, implementing, and evaluating individualized behavior management strategies and plans.

(ii) Adapting, accommodating, and modifying the general education curricula, pedagogy, and learning environments for students with emotional impairment.

(iii) Integrating academic instruction and curriculum with affective educational strategies for students with emotional impairment.

(iv) Collaborating with parents and service providers in educational, public, and private agencies to support students with emotional impairment.

(v) Assessing students with emotional impairment related to collecting indirect and direct data on academic, social, and emotional functioning of students in order to develop reports and design, manage, and monitor interventions.

(d) Research and understand policy issues regarding emotional impairment and behavioral disorders that impact identification, service delivery, outcomes, placement, academic, affective, and behavioral interventions.

(2) The 30 semester or equivalent hours shall be distributed to prioritize preparation, including pre-student teaching field experiences in assessing, teaching, and modifying instruction related to subdivisions (a) to (d) of this subrule for students with emotional impairment.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1788 Teachers of students with learning disabilities; special requirements {#sec-r-340.1788 omnilex-key=us-mi-regs-official--dept-education--R 340.1788}

Rule 88. (1) The teacher education program for teachers of students with learning disabilities shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:

(a) The identification of learning disabilities including diagnostic principles and practices; the etiology and characteristics of learning disabilities; sociocultural, linguistic, and environmental factors influencing identification; and the relationship between learning disabilities and other commonly associated conditions.

(b) The common manifestations of learning disabilities across the age span, including challenges in meeting developmental milestones in the preschool years, problems with academic performance in literacy, math, and content areas across the K-12 spectrum, issues of strategic performance and self-determination in older students, and the interplay between cognition and psychosocial functioning.

(c) Assessing, teaching, and modifying instruction and curricula for students with learning disabilities across the K-12 continuum related to all of the following:

(i) Administering and adapting formal and informal assessment methods for the purposes of instructional planning, and communicating assessment results to students, their families, and other professionals.

(ii) Developing and implementing instructional and curricular goals; monitoring and reporting the progress related to the unique needs of students with learning disabilities, including career/transition programs and access to adult role models, and use of assistive technology.

(iii) Fostering competency in the areas of reading (word recognition and comprehension), writing (text composition and revision, grammar, spelling, and legibility), mathematical reasoning and calculation, listening, and speaking.

(iv) Fostering study skills and test-taking skills, self-management, problem solving, reasoning, coping skills, and self-determination.

(v) Adapting and modifying general education curricula, pedagogical approaches, and learning environments for students with learning disabilities.

(vi) Managing and monitoring the social, emotional, and behavioral needs of students with learning disabilities in a variety of group settings.

(d) Issues related to learning disabilities theory, research, and policy, including definition and identification; legislation and regulations; pre-referral, referral and placement; instruction and assessment of educational progress for students with learning disabilities; and, collaboration with general education teachers, families, and allied service providers.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1789 Rescinded {#sec-r-340.1789 omnilex-key=us-mi-regs-official--dept-education--R 340.1789}

History

History: 1979 AC.

Mich. Admin. Code R 340.1790 Teacher consultants for students with disabilities {#sec-r-340.1790 omnilex-key=us-mi-regs-official--dept-education--R 340.1790}

Rule 90. In addition to meeting all of the requirements of R 340.1782, a teacher consultant shall meet both of the following requirements for full approval by the department:

(a) Possess a master's degree in education or a field of study related to special education.

(b) Show evidence of a minimum of 3 years of satisfactory teaching experience, not less than 2 years of which shall be teaching in a special education program.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS; 2013 AACS.

Mich. Admin. Code R 340.1791 Rescinded {#sec-r-340.1791 omnilex-key=us-mi-regs-official--dept-education--R 340.1791}

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1792 Licensure, certification, or approval of professional personnel {#sec-r-340.1792 omnilex-key=us-mi-regs-official--dept-education--R 340.1792}

Rule 92. Professional personnel employed or contracted with to provide related services to students with disabilities shall be licensed, certificated, or registered by a governmental agency or a legally recognized professional board or association as an indication of adequate preparation and training, or be recommended by a college or university offering an appropriate training program as approved by the state board of education.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1793 Paraprofessional personnel; qualifications {#sec-r-340.1793 omnilex-key=us-mi-regs-official--dept-education--R 340.1793}

Rule 93. Paraprofessional personnel employed in special education programs shall be qualified under requirements established by their respective intermediate school district plan. Paraprofessional personnel include, but are not limited to, teacher aides, health care aides, bilingual aides, instructional aides, and program assistants in programs for students with cognitive impairment or severe multiple impairments.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1793a Interpreters for the deaf {#sec-r-340.1793a omnilex-key=us-mi-regs-official--dept-education--R 340.1793a}

Rule 93a. An interpreter for the deaf who provides services for students with disabilities in a local school district, an intermediate school district, the Michigan school for the deaf, or a public school academy as an employee or contractor shallsatisfy the applicable credential requirements set forth in rules promulgated under the deaf persons’ interpreters act, 1982 PA 204, MCL 393.501 to 393.509.

History

History: 2002 AACS; 2015 AACS.

Mich. Admin. Code R 340.1794 Rescinded {#sec-r-340.1794 omnilex-key=us-mi-regs-official--dept-education--R 340.1794}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1795 Early childhood special education teachers; special requirements {#sec-r-340.1795 omnilex-key=us-mi-regs-official--dept-education--R 340.1795}

Rule 95. (1) An early childhood special education teacher for young children with disabilities or developmental delay shall possess 1 or more of the following:

(a) Endorsements in both special education and early childhood education.

(b) A major or minor in early childhood education or child growth and development and a valid Michigan teaching certificate with aspecial education endorsement with full approval from the department.

(2) Full approval as a teacher of preprimary impairedchildren is full approval as an early childhood special education teacher if the teacher possesses a valid Michigan teaching certificate.

History

History: 1980 AACS; 1982 AACS; 1987 AACS; 2002 AACS; 2011 AACS; 2020 AACS.

Mich. Admin. Code R 340.1796 Teachers of students with speech and language impairment; special requirements {#sec-r-340.1796 omnilex-key=us-mi-regs-official--dept-education--R 340.1796}

Rule 96. (1) A teacher of students with speech and language impairment shall meet all of the following requirements:

(a) An earned master's degree in speech and language pathology.

(b) A minimum of 60 semester or equivalent hours of academic credit in normal aspects of human communication, development thereof, and clinical techniques for evaluation and management of speech and language disorders distributed as follows:

(i) A minimum of 12 semester or equivalent hours in courses pertaining to normal development of speech, language, and hearing.

(ii) A minimum of 30 semester or equivalent hours in courses on communication disorders and evaluation and management of speech, language, and hearing disorders. Of these 30 semester or equivalent hours, 24 hours shall be in speech and language pathology and 6 shall be in audiology. Not more than 6 of the 30 semester or equivalent hours may be earned for clinical practicum.

(iii) A minimum of 30 semester or equivalent hours that are acceptable on a graduate level, of which 21 hours shall be within the group specified under paragraph (ii) of this subdivision.

(c) A minimum of 300 clock hours of supervised practicum experience with persons who present a variety of communication disorders, to be acquired in conjunction with academic training, 150 hours of which shall be obtained at the graduate level.

(2) The department shall approve as a teacher of students with speech and language impairment a person who is employed or approved as a teacher of students with speech and language impairment before the effective date of these rules.

(3) A teacher of students with speech and language impairment assigned to programs for students with severe language impairment, as defined in R 340.1756, shall be certified at the elementary level.

History

History: 1980 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1797 Teachers of students requiring adapted physical education; special requirements {#sec-r-340.1797 omnilex-key=us-mi-regs-official--dept-education--R 340.1797}

Rule 97. A teacher of students requiring adapted physical education shall possess a valid Michigan teaching certificate with an endorsement in physical education, special education, or both, and shall complete all of the following:

(a) A minimum of 20 semester hours or equivalent hours in courses leading to the acquisition of all of the following competencies:

(i) Knowledge of the causes of various disabilities and the effects of those conditions on learning.

(ii) Ability to assess physical education skills of individuals exhibiting various disabilities.

(iii) Ability to use community and staff resources and collaborate with personnel within the education environment.

(iv) Knowledge of measurement and evaluation, including standardized and nonstandardized assessments and functional behavior analysis.

(v) Understand major components of federal and state legislation relating to physical education.

(vi) Knowledge of the unique characteristics and implications of psychomotor, cognitive, and affective attributes of all learners.

(vii) Ability to write in behavioral terms and assess cognitive, affective, and psychomotor instructional objectives for physical education for students requiring adapted physical education.

(viii) Knowledge of motor characteristics, motor behaviors, motor control, and motor development sequences associated with various disabilities in relationship to typical motor development.

(ix) Knowledge of anatomy, kinesiology, exercise science, biomechanics, and neurology that pertains to normal and abnormal motor control and sensory motor integration for teaching physical education to students with disabilities.

(x) Ability to adapt teaching methods, materials, and techniques to meet the needs of students with disabilities specific to health-related fitness, gymnasium and field use, fundamental motor skills and patterns, aquatic skills, dance, individual and group games, and lifetime sports skills for the needs of students with disabilities so that the individual can ultimately participate in community-based leisure, recreation, and sport activities.

(xi) Ability to analyze, adapt, and implement physical education curriculum in providing appropriate programs for a variety of disabilities.

(xii) Understand history and philosophy of physical education, recreation, and sports in terms of trends in education of individuals with disabilities.

(xiii) Understand curriculum theory, curriculum development, movement education, fitness, developmental activity-based curriculum, human, and social development.

(xiv) Utilize instructional design and planning focusing on systematic curriculum development and the spectrum of teaching styles for the purpose of promoting learning.

(xv) Create and implement physical activity lessons with special emphasis on personal adjustment in respect to assistive devices and mobility devices for the purpose of creating successful learning opportunities.

(xvi) Utilize technology applications in the preparation of lessons and within lessons, as well as using technology as professional development.

(xvii) Understand the value of program evaluation measuring student performance and the importance of monitoring the quality of program operations.

(xviii) Understand professional standards such as ethics, value appropriate professional conduct, and the need to advance the knowledge base and the profession.

(b) A directed field experience of not less than 60 clock hours teaching adapted physical education in a school setting to students with disabilities.

(c) As of the effective date of these rules, a teacher who has previously received full approval as a teacher of physical education for individuals with disabilities, or teaching of physical education for students with disabilities, shall be deemed to have full approval as a teacher of physical education for students requiring adapted physical education, if the teacher possesses a valid Michigan teaching certificate.

(d) As of the effective date of these rules, a teacher who is a certified adapted physical educator accredited through the adapted physical education national standards process, shall be deemed to be qualified as a teacher of physical education for students requiring adapted physical education, if the teacher possesses a valid Michigan teaching certificate.

History

History: 1980 AACS; 2002 AACS; 2011 AACS.

Mich. Admin. Code R 340.1798 Teachers of students requiring adapted physical education; role {#sec-r-340.1798 omnilex-key=us-mi-regs-official--dept-education--R 340.1798}

Rule 98. Teachers of students requiring adapted physical education may do any of the following:

(a) Provide adapted physical education instruction to students with disabilities whose disabilities preclude integration into general physical education classes without supports or modifications.

(b) Assess students for the purpose of providing adapted physical education.

(c) Provide supportive services in general physical education and consultative services to general physical education teachers or special education teachers.

History

History: 1980 AACS; 2002 AACS; 2011 AACS; 2013 AACS.

Mich. Admin. Code R 340.1799 Teachers of students with autism spectrum disorder; special requirements {#sec-r-340.1799 omnilex-key=us-mi-regs-official--dept-education--R 340.1799}

Rule 99. The teacher education program for teachers of students with autism spectrum disorder shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:

(a) The identification, diagnosis criteria and classification, etiology, diagnosis, range, and characteristics of autism spectrum disorder, for example, learning characteristics, sensory integration patterns, and medications commonly used with autism spectrum disorders including effects.

(b) The role of language and communication including traits, characteristics, and interventions related to autism spectrum disorder, for example, pragmatic functions of communications and language such as the relationships of communication, language, behavior, and social skills; expressive and receptive language development and patterns; effects of medication on language; developing communication systems such as alternative and augmentative communication systems and assistive technology across environments.

(c) Using behavioral supports and intervention: behavior as communication; sensory needs and impact on behavior: team-based behavior assessments, intervention, and evaluation; designing environments for preventing sensory overload; and, developmentally appropriate behavior such as coping and self-regulating behavior.

(d) Assessing, teaching, and modifying instruction and curricula for students with autism spectrum disorder related to all of the following:

(i) Aligning and adapting the student's program with the general education curriculum.

(ii) Using a range of curriculum guides to assist with identifying functional goals.

(iii) Employing current assessment instruments and approaches, intervention methodologies, strategies, and techniques that are appropriate for students with autism spectrum disorder, and consistently linking assessment outcomes to curriculum planning.

(iv) Understanding and using various data keeping systems to record progress and evaluate intervention.

(e) Collaborating with parents and service providers, including paraprofessionals, in educational, public, and private agencies to support students with autism spectrum disorder; and, the impact of the legal system, socioeconomic factors, mental health disorders, resources for independent living, recreation, and vocational education on the lives and behavior of students with autism spectrum disorder and their families.

(f) Issues related to autism spectrum disorder theory, research, and policy, including definition and identification; legislation and regulations; prereferral, referral and placement; instruction and assessment of educational progress for students with autism spectrum disorder, and collaboration with general education teachers, families, and allied service providers.

History

History: 1983 AACS; 2002 AACS; 2004 AACS; 2005 AACS.

Mich. Admin. Code R 340.1799a Teachers of students with physical impairment and students with other health impairment; special requirements {#sec-r-340.1799a omnilex-key=us-mi-regs-official--dept-education--R 340.1799a}

Rule 99a. (1) The teacher education program for teachers of students with physical impairment and students with other health impairment shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782 and all of the following:

(a) The identification, etiology, diagnosis, and classification of physical, neurological, and other health impairment.

(b) Understanding of human anatomy and physiology; medical terminologies; the types and transmission of infectious and communicable diseases; physical effects of medications; the nature of medical interventions and treatment of physical and other health impairment.

(c) The impact upon student learning and development (behavioral, cognitive, social, and emotional development) of physical, neurological, and other health impairment, including the impact of chronic and terminal illness and emergency/life threatening situations.

(d) Assessing, teaching and modifying instruction and curricula for students with physical, neurological, and other health impairment related to all of the following:

(i) Administering, adapting, and modifying formal and informal assessments of learning for students with physical, neurological, and other health impairments.

(ii) Adapting and modifying the teaching and learning environment to accommodate the diverse needs of students with physical, neurological, and other health impairment.

(iii) Developing learning and instructional plans, designing learning sequences and opportunities in differing educational settings and placements.

(iv) Monitoring student progress and making appropriate modifications to instructional and educational methods as needed by students with physical, neurological, and other health impairment, including selecting, adapting, and using specialized materials and instructional strategies to maximize learning.

(v) Selecting, adapting, implementing and designing classroom settings and physical arrangements to facilitate and enhance opportunities for students to participate, interact, and learn with all students and adults in both special and general educational settings including individual, group, and shared projects, in and after school such as recreational activities; organizing and managing different needs and support services for individual and groups of students with different physical; neurological and other health impairment in all educational settings considering safety, as well as maximizing and fostering interactive inclusive opportunities for students.

(vi) Developing curricular and instructional plans and activities related to all of the following:

(A) Daily living, self management of personal and health care needs, sexuality, independent living, vocational/career transition, recreation/leisure, and mobility/transportation.

(B) Advocacy/legal issues.

(vii) Communicating student progress, performance, health issues and other schoolrelated information to students, families, and other educational and medical professionals.

(e) Managing, monitoring, and assisting consistent with school policy and law in health care procedures; the use of orthotic, augmentative, and other supportive equipment; specialized technology and software; adapted switches/other access devices and environmental controls; and, student and teacher safety in transferring, lifting, and seating which enhances the student's and teacher's safety, comfort, and function.

(f) Issues related to physical, neurological, and other health impairments in research; their impact on learning and development; characteristics, definitions, determination, and identification; pre-referral, referral, and placement; laws and policies related to specialized health care in educational settings; teaching and assessing the educational progress of students who have physical, neurological, and other health impairment.

(2) The 30 semester or equivalent hours shall be distributed to prioritize preparation and including pre-student teaching field experiences in assessing, teaching and modifying instruction related to students with physical, neurological, and other health impairment.

History

History: 1987 AACS; 2002 AACS; 2005 AACS.

Mich. Admin. Code R 340.1799b Teachers of students with visual impairment; special requirements {#sec-r-340.1799b omnilex-key=us-mi-regs-official--dept-education--R 340.1799b}

Rule 99b. The teacher education program for teachers of students with visual impairment shall include a minimum of 30 semester or equivalent hours pursuant to R 340.1781, R 340.1782, and all of the following:

(a) Understand and apply knowledge of the foundations for the education of students with visual impairments, including unique characteristics and needs, as well as ethical considerations relating to students' education.

(b) Research and understand legislation and policies which impact identification, educational continuum, placement, service delivery, and outcomes.

(c) Knowledge of normal development of the visual system, structure and function of the eye, diseases and disorders of the eye, and their educational implications.

(d) Understand the effects of a visual impairment on early development in the following areas:

(i) Cognition.

(ii) Self-help.

(iii) Language.

(iv) Motor skills.

(v) Social emotional interactions.

(e) Interpret eye reports and other vision-related diagnostic information.

(f) Proficiency in the use and transcription of the literary braille and nemeth code using a braillewriter and slate and stylus.

(g) Instructional strategies for teaching braille and early literacy skills.

(h) Techniques for production of tactile graphics and instruction of tactile perceptual skills.

(i) Instructional strategies for teaching communication skills, including adapting materials for students with visual and unique educational needs.

(j) Understand and apply knowledge of formal and informal assessments and evaluations; use resulting data and other information to make service and programming recommendations; participate in the development of students' individualized education programs and individualized family service plans.

(k) Use data to identify individualized instructional strategies that enhance learning for students with visual impairments through modification of the environment, adaptation of materials, and the use of disability-specific methodologies and technologies.

(l) Systematic instruction in sensory perceptual skills including, but not limited to, visual, tactile, and auditory skills.

(m) Utilize and integrate appropriate technologies to access the general education curriculum content.

(n) Teach students to use a variety of adaptive, augmentative, and assistive technologies to facilitate their own learning in the content areas.

(o) Promote students' development and concepts of social and independent living skills.

(p) Knowledge of the role and function of a certified orientation and mobility specialist.

(q) Prepare students to respond to societal attitudes and actions with positive behavior and self-determination leading to self-advocacy.

(r) Collaborate with parents and service providers in educational, public, and private agencies to support students with visual impairments. Facilitate transitions across all environments.

(s) The 30 semester or equivalent hours shall be distributed to prioritize preparation, including pre-student teaching field experiences in assessing, teaching, and modifying instruction related to subdivisions (a) to (r) of this subrule for students with a visual impairment.

History

History: 1987 AACS; 2002 AACS; 2011 AACS.

Mich. Admin. Code R 340.1799c Teachers of students who are deaf or hard of hearing; special requirements {#sec-r-340.1799c omnilex-key=us-mi-regs-official--dept-education--R 340.1799c}

Rule 99c. (1) The teacher education program for teachers of students who are deaf or hard of hearing must include a minimum of 30 semester or equivalent hours. The teacher education program for teachers of students who are deaf or hard of hearing must meet the council on education of the deaf standards or must, at a minimum, include 30 semester or equivalent hours relating to all of the following areas:

(a) Language and linguistics.

(b) Audiology and speech science.

(d) Education.

(2) Students shall complete a program that is designed to develop all of the following competencies:

(a) Knowledge of linguistics, theories of language development, and the various special methods used to assess and develop language competence.

(b) Ability to utilize an individual diagnostic profile of the student's expressive and receptive language skills.

(c) Ability to integrate language development with the teaching of English, mathematics, social studies, science, and other academics.

(d) Ability to use various and combined modes, manual and oral, in both expressive and receptive communication with students who are deaf or hard of hearing.

(e) Knowledge of the anatomy, physiology, and pathology of the organs of speech and hearing.

(f) Knowledge of audiological assessment information and its application to the individualized education program of a student who is deaf or hard of hearing.

(g) Knowledge of personal and group amplification systems, including their basic maintenance.

(h) Ability to incorporate and teach appropriate procedure to maximize the use of speech, speech reading, and auditory skills.

(i) Ability to use systematic observational techniques for establishing baseline data, evaluating problem areas, and documenting and assessing progress.

(j) Knowledge of the psychological and sociological impact of severe/profound hearing loss, including information about the community/culture of adult persons who are deaf or hard of hearing.

(k) Ability to identify and use local, state, and national resources in support of students who are deaf or hard of hearing, their parents, and their educational program.

(l) Ability to orient parents, general education school staff, and administrators to the unique needs and learning styles of students who are deaf or hard of hearing.

(m) Ability to assess communication, academic, and social/emotional development of students who are deaf or hard of hearing.

(n) Ability to relate diagnostic information in functional terms to parents and support service specialists.

(o) Ability to design and implement an educational program appropriate to the individual student's communication, academic, prevocational, and social needs.

(p) Ability to modify and adapt procedures for teaching reading, math, and other academic subjects to students who are deaf or hard of hearing.

(3) Before assignment to directed student teaching, each student teacher shall spend a minimum of 60 clock hours in programs with students who are deaf or hard of hearing utilizing various communication modes, both manual and oral.

(4) The council on education of the deaf standards, as cited in subrule (1) of this rule, are adopted by reference in these rules and are available from the Council on Education of the Deaf, Gallaudet University, 800 Florida Avenue, N.E., Washington, D.C. 20002-3695, and also from the Michigan Department of Education, Office of Special Education, 608 W.

Allegan St., P.O. Box 30008, Lansing, MI, 48909, at no cost for reproduction.

History

History: 1987 AACS; 2002 AACS; 2013 AACS; 2018 AACS.

Mich. Admin. Code R 340.1799d Rescinded {#sec-r-340.1799d omnilex-key=us-mi-regs-official--dept-education--R 340.1799d}

History

History: 1987 AACS; 2002 AACS

Mich. Admin. Code R 340.1799e "Psychologist" defined {#sec-r-340.1799e omnilex-key=us-mi-regs-official--dept-education--R 340.1799e}

Rule 99e. "Psychologist" means an approved Michigan school psychologist who is certified by the department or who is a fully licensed psychologist.

History

History: 2002 AACS.

Rule 1799f. "School social worker" means a school social worker who is approved by the department.

History

History: 2002 AACS.

Mich. Admin. Code R 340.1799g Transition coordinator; requirements {#sec-r-340.1799g omnilex-key=us-mi-regs-official--dept-education--R 340.1799g}

Rule 99g. (1) Full approval as a transition coordinator shall be granted by the department to a person who meets all of the following requirements:

(a) A bachelor's or graduate degree in special education or a field related to transition of youth with disabilities into adult life roles. Related fields include, but are not limited to, general and vocational education, vocational rehabilitation, and counseling.

(b) A minimum of 3 years of satisfactory teaching experience in special or vocational education at the secondary level; or a minimum of 3 years of satisfactory employment providing transition-related service to individuals with disabilities between the ages of 13 to 26 years. Transition-related services include, but are not limited to, vocational rehabilitation, employment, counseling, independent living, and mental health. A person with a master's degree in special education or field related to transition of youth with disabilities into adult life roles shall be credited with 1 year of employment.

PART 6. FINANCING

History

History: 2005 AACS; 2013 AACS.

Mich. Admin. Code R 340.1801 Source of funds {#sec-r-340.1801 omnilex-key=us-mi-regs-official--dept-education--R 340.1801}

Rule 101. Funds for operating and housing special education programs and services operated by intermediate school districts, constituent local school districts, and public school academies shall be derived from federal appropriations; general and categorical appropriations in 1979 PA 94, MCL 388.1601 et seq., and known as the state school aid act of 1979; local general and specific property taxes, gifts, grants, and bequests; or payments from a school district sending students with disabilities to another school district.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1802 Use of funds {#sec-r-340.1802 omnilex-key=us-mi-regs-official--dept-education--R 340.1802}

Rule 102. Funds available to intermediate school districts, constituent local school districts, and public school academies as provided in R 340.1801 may be used for any of the following:

(a) The employment of teachers and other personnel.

(b) Transportation of students with disabilities.

(d) The lease, purchase, construction, renovation, or acquisition of vehicles, sites, buildings or portions thereof, and equipment as deemed necessary for staff, programs, and services operated under the intermediate school district plans as approved by the department and other provisions of law.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1803 Building or purchasing facilities {#sec-r-340.1803 omnilex-key=us-mi-regs-official--dept-education--R 340.1803}

Rule 103. When facilities are purchased, constructed, or renovated with funds acquired through 1976 PA 451, MCL 380.1722 to 380.1729 for constituent local school districts, funds shall be used for contractual purposes which provide that the constituent local school district or public school academy shall make that facility available for special education programs and services for a period of 25 years. Disbursement of the funds shall be made by the intermediate school district board of education under the intermediate school district plan.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1804 Rescinded {#sec-r-340.1804 omnilex-key=us-mi-regs-official--dept-education--R 340.1804}

History

History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 340.1805 Rescinded {#sec-r-340.1805 omnilex-key=us-mi-regs-official--dept-education--R 340.1805}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1806 Rescinded {#sec-r-340.1806 omnilex-key=us-mi-regs-official--dept-education--R 340.1806}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1807 Rescinded {#sec-r-340.1807 omnilex-key=us-mi-regs-official--dept-education--R 340.1807}

History

History: 1979 AC.

Mich. Admin. Code R 340.1808 Reporting costs {#sec-r-340.1808 omnilex-key=us-mi-regs-official--dept-education--R 340.1808}

Rule 108. An intermediate school district, a local school district, or a public school academy operating a program under these rules shall submit to the superintendent of public instruction, at the close of the fiscal year, an itemized report of the actual cost of operating the program, including the cost of transportation, on forms provided for that purpose.

Reported actual costs for purposes of reimbursement shall include only those that are reasonable and appropriate as determined by the superintendent of public instruction.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1809 State aid to operating school districts {#sec-r-340.1809 omnilex-key=us-mi-regs-official--dept-education--R 340.1809}

Rule 109. The intermediate school district and its constituent local school districts and public school academies shall be entitled to receive reimbursement for special education programs and services that are in compliance with these rules and in accordance with the intermediate school district plan as approved by the department and as prescribed in 1979 PA 94, MCL 388.1601 et seq. and known as the state school aid act of 1979.

History

History: 1979 AC; 1980 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1810 Reimbursement of special education transportation {#sec-r-340.1810 omnilex-key=us-mi-regs-official--dept-education--R 340.1810}

Rule 110. Specialized transportation or additional transportation, or both, as required in the individualized education program for a person with a disability to receive a free appropriate public education in the least restrictive educational environment, shall be reimbursable as authorized by 1979 PA 94, MCL 388.1601 et seq., and known as the state school aid act of 1979.

History

History: 1980 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1811 Distribution of intermediate millage to intermediate school district, its constituent local school districts, and public school academies {#sec-r-340.1811 omnilex-key=us-mi-regs-official--dept-education--R 340.1811}

Rule 111. (1) Only those programs and related services provided under a departmentapproved intermediate school district plan and approved for reimbursement by the department shall be eligible for reimbursement from funds generated by adoption of millage under sections 1723 and 1724 of 1976 PA 451, MCL 380.1723 and 380.1724.

(2) If intermediate school district special education tax funds are insufficient to reimburse constituent claims in full, then a like percentage of the claim shall be paid for support of each program and service to each constituent district. Claims for operation of special education programs and services available to all constituent local school districts or public school academies may be reimbursed in full before any prorated payment which may become necessary for other programs and services.

(3) Current intermediate school district special education tax funds need not be used to offset operational claim deficits from prior years.

(4) Amounts may be retained by the intermediate school district for required cash flow purposes not to exceed 1 year's operational expenses for the purpose of maintaining special education programs and services operated by the intermediate school district.

(5) Intermediate school districts shall submit the desired method for the distribution of funds to the intermediate school district, its constituent local school districts, and public school academies and the reasons therefor for approval as part of the intermediate school district plan required under section 1711 of 1976 PA 451, MCL 380.1711.

History

History: 1980 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1812 Intermediate school district's use of special education millage {#sec-r-340.1812 omnilex-key=us-mi-regs-official--dept-education--R 340.1812}

Rule 112. (1) Costs for the operation of special education programs and services by the intermediate school district, available to all constituent local school districts and public school academies, may be reimbursed in full before the reimbursement of local districts from funds generated by adoption of millage under sections 1723 and 1724 of 1976 PA 451, MCL 380.1723 and 380.1724.

(2) If intermediate school district special education personnel offer direct services to students with disabilities in some but not all constituent local school districts or public school academies, and if prorated payment of constituent local school district or public school academy operational claims is necessary, then the per capita deficit for each student served shall be paid by the school district of residence or a direct charge shall be made to the constituent local school district based on the amount of deficit and the proportion of time the constituent local school district or public school academy received the service from the intermediate school district.

PART 7. DEVELOPMENT AND SUBMISSION OF INTERMEDIATE SCHOOL

DISTRICTS' PLANS AND MONITORING

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1831 Plan and modification submission {#sec-r-340.1831 omnilex-key=us-mi-regs-official--dept-education--R 340.1831}

Rule 131. (1) Each intermediate school district board shall submit an intermediate school district plan for special education to the superintendent of public instruction to become effective when approved by the superintendent of public instruction.

(2) Any intermediate school district plan or subsequent modification approved by the superintendent of public instruction shall be distributed by the intermediate school district to each constituent local school district superintendent, each chief executive officer of a public school academy, and the chairperson of the parent advisory committee within 7 calendar days of the intermediate school district's receipt of approval by the superintendent of public instruction.

(3) Except as provided in subrule (4) of this rule, a plan submitted by an intermediate school district and approved by the superintendent of public instruction shall remain in effect until the intermediate school district submits modifications that the intermediate school district deems necessary to the department and the modifications are approved by the superintendent of public instruction.

(4) The department may require an intermediate school district to modify its plan if, after the effective date of the individuals with disabilities education act, 20 U.S.C. §1400 et seq., the provisions of that act, its regulations, 34 C.F.R. 300.1, et seq., 1976 PA 451, MCL 380.1 et seq. or these rules are amended, there is a new interpretation of any of these laws or regulations by the United States Department of Education, the department, or court, or the department finds noncompliance.

(5) If the department requires a modification to the intermediate school district plan under subrule (4) of this rule and an intermediate school district's process as set forth in this part does not result in agreement among the intermediate school district, its constituent local school districts, public school academies, and the parent advisory committee regarding the required modification, then the intermediate school district shall submit the required modification. A constituent local school district, public school academy, or the parent advisory committee may file an objection under R 340.1836.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2005 AACS; 2013 AACS.

Mich. Admin. Code R 340.1832 Content areas {#sec-r-340.1832 omnilex-key=us-mi-regs-official--dept-education--R 340.1832}

Rule 132. An intermediate school district plan for special education, or any modification thereof, shall be an operational plan that sets forth the special education programs and related services to be delivered. The plan shall comply with 1976 PA 451, MCL 380.1 et seq. and these rules. The plan shall also comply with the following format and include, at a minimum, all of the following:

(a) A description of the procedures used by the intermediate school district to advise and inform students with disabilities, their parents, and other members of the community of the special education opportunities required under the law; the obligations of the local school districts, public school academies, and intermediate school district; and the title, address, and telephone number of representatives of those agencies who can provide information about the special education opportunities.

(b) A description of activities and outreach methods which are used to ensure that all citizens are aware of the availability of special education programs and services.

(c) A description of the type of diagnostic and related services that are available, either directly or as a purchased service, within the intermediate school district or its constituent local school districts or public school academies.

(d) A description of the special education programs designed to meet the educational needs of students with disabilities.

(e) The intermediate school district plan shall either describe special education programs and services under part 3 of these rules or shall propose alternative special education programs and services.

(f) Provide an assurance statement that any personally identifiable data, information, and records of students with disabilities are collected, used, or maintained in compliance with 34 C.F.R. §§300.610 through 300.626.

(g) The identity of the full- or part-time constituent local school district or public school academy administrator who, by position, is responsible for the implementation of special education programs and services.

(h) A description of the qualifications of paraprofessional personnel.

(i) A description of the transportation necessary to provide the special education programs and services described in subdivisions (c), (d), and (e) of this subrule.

(j) A description of the method of distribution of funds under R 340.1811(5).

(k) A description of how the intermediate school district will appoint the parent advisory committee members under R 340.1838(1) and (2).

(l) A description of the role and responsibilities of the parent advisory committee, including how it shall participate in the cooperative development of the intermediate school district plan, formulate objections thereto, if any, and other related matters.

(m) A description of the role and relationship of administrative and other school personnel, as well as representatives of other agencies, in assisting the parent advisory committee in its responsibilities.

(n) A description of the fiscal and staff resources that shall be secured or allocated to the parent advisory committee by the intermediate school district to make it efficient and effective in operation.

(o) The plan shall be approved by the superintendent of public instruction before implementation under R 340.1831(1). The plan is developed and approved under R 340.1833 and R 340.1835 to R 340.1837.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1833 Cooperative development and review {#sec-r-340.1833 omnilex-key=us-mi-regs-official--dept-education--R 340.1833}

Rule 133. (1) Intermediate school district plans, or any modification thereof, shall be developed in cooperation with constituent local school districts, public school academies, and the parent advisory committee.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1834 Rescinded {#sec-r-340.1834 omnilex-key=us-mi-regs-official--dept-education--R 340.1834}

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1835 Plan signatures {#sec-r-340.1835 omnilex-key=us-mi-regs-official--dept-education--R 340.1835}

Rule 135. Each intermediate school district plan, or modification thereof, shall be signed by all of the following:

(a) The intermediate school district superintendent, signifying approval by the intermediate school district board.

(b) The superintendent of each constituent local school district, the chief executive officer of each public school academy, and the chairperson of the parent advisory committee, signifying their involvement in the development of the intermediate school district plan.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1836 Objections to plan; procedures {#sec-r-340.1836 omnilex-key=us-mi-regs-official--dept-education--R 340.1836}

Rule 136. (1) Any constituent local school district, a public school academy, or the parent advisory committee may file objections in whole or in part with the intermediate school district to an approved intermediate school district plan or a plan modification that the intermediate school district has submitted to the superintendent of public instruction for approval. Within 7 calendar days, the board of education of the intermediate school district shall send a copy of objections to the plan to the department and to all constituent local school districts, public school academies, and the parent advisory committee by certified mail, return receipt requested. Objections must specify the challenged portions of the intermediate school district plan, contain a specific statement of the reasons for objection, and propose alternative provisions.

(2) The department shall refer objections to the Michigan office of administrative hearings and rules, which shall assign an administrative law judge who shall promptly give reasonable notice of a hearing. The hearing must begin not later than 30 calendar days after the department receives the objections. The administrative law judge shall conduct the hearing according to procedures established by the department. After the appointment of the administrative law judge, the objecting party may withdraw the objections if the intermediate school district agrees.

(3) The intermediate school district, a constituent local school district, a public school academy, or the parent advisory committee may file with the department a response to objections before the hearing.

(4) Within 30 calendar days after the closing of the hearing, the administrative law judge shall submit to the department findings of fact and conclusions of law and shall recommend to the superintendent of public instruction whether the superintendent of public instruction should approve the intermediate school district plan or modification to the plan as submitted, approve the intermediate school district plan or modification to the plan with other modifications deemed appropriate by the administrative law judge, or grant the objections as submitted. The department shall immediately mail the findings and recommendations to all parties to the intermediate school district plan. Any party may file written exceptions to the findings and recommendations with the superintendent of public instruction within 20 calendar days of receipt of the findings and recommendations and shall provide copies of the exceptions to all other parties. After review of the intermediate school district plan; the objections; the findings of fact, the conclusions of law, and the recommendations of the administrative law judge; and any exceptions, the superintendent of public instruction shall issue a final decision not more than 30 calendar days from the date the exceptions were due.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2020 AACS.

Mich. Admin. Code R 340.1837 Approval of intermediate school district plans {#sec-r-340.1837 omnilex-key=us-mi-regs-official--dept-education--R 340.1837}

Rule 137. (1) Intermediate school district plans, or modification thereof, or any changes to the intermediate school district plan based on an objection to the plan, shall be approved by the superintendent of public instruction under R 340.1836. The intermediate school district plans or modifications shall be in compliance with all of the following:

(a) The provisions of sections 1701 to 1766 of 1976 PA 451, MCL 380.1701 to 380.1766.

(b) Michigan rules promulgated to implement statutory provisions for special education programs and services.

(c) The individuals with disabilities education act, 20 U.S.C. §1400 et seq., and its implementing regulations, 34 C.F.R. §300.1 et seq., adopted by reference in R 340.1701.

(2) The intermediate school district superintendent, or superintendent's designee, shall advise each constituent local school district superintendent, each chief executive officer of a public school academy, and the chairperson of the parent advisory committee as to whether the intermediate school district plan was approved by the superintendent of public instruction.

History

History: 1979 AC; 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1838 Parent advisory committee {#sec-r-340.1838 omnilex-key=us-mi-regs-official--dept-education--R 340.1838}

Rule 138. (1) A parent advisory committee shall be appointed by each intermediate school district board.

(a) The parent advisory committee and its officers shall consist only of parents of students with disabilities with at least 1 parent from each constituent local school district and public school academy unless no parent agrees to serve on the parent advisory committee to represent the constituent local school district or public school academy.

(b) Each constituent local school district board of education and each public school academy board of directors shall nominate at least 1 parent.

(c) The intermediate school district board of education may nominate additional members not to exceed 33 1/3% of the total parent advisory committee membership.

(2) The intermediate school district board of education shall make every attempt to assure that all types of impairments and all identifiable organizations of parents of students with disabilities within the intermediate school district are represented on the parent advisory committee.

(3) The intermediate school district board of education may recommend operational procedures for parent advisory committee review and adoption.

(4) The intermediate school district shall secure or allocate fiscal and staff resources to the parent advisory committee to make it efficient and effective in operation.

(5) The parent advisory committee is responsible for determining and documenting, in writing, the organizational structure of the committee, including all of the following:

(a) Officers and their responsibilities.

(b) Meeting times.

(d) Voting procedures.

(e) Terms of office.

(f) Related matters.

(6) The parent advisory committee shall participate in the development of the intermediate school district's plan or any modification of the plan for the delivery of special education programs and services as required by R 340.1833.

(7) The parent advisory committee may provide advisory input on any matters that the committee deems appropriate to the improvement of special education services within the intermediate school district.

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1839 Monitoring and program evaluation {#sec-r-340.1839 omnilex-key=us-mi-regs-official--dept-education--R 340.1839}

Rule 139. (1) The department shall establish monitoring procedures, criteria, and evaluation activities to ensure that minimum standards are being achieved by all public agencies.

(2) Each intermediate school district shall implement monitoring procedures and evaluation methods developed by the department to ensure that the standards and criteria established are being achieved by the intermediate school district, their constituent local school districts, and their public school academies.

PART 8. STATE COMPLAINTS

History

History: 1987 AACS; 2002 AACS; 2013 AACS.

Mich. Admin. Code R 340.1851 Filing a state complaint {#sec-r-340.1851 omnilex-key=us-mi-regs-official--dept-education--R 340.1851}

Rule 151. (1) A state complaint filed with the office of special education of the department must meet the requirements of 34 CFR 300.153 (2019).

(2) An individual shall file a state complaint with the office of special education of the department within 1 year of the date of the alleged violation.

(3) The complainant shall deliver the state complaint to the office of special education of the department and the public agency by mail, by personal delivery, or by electronic submission.

(4) Any person acting on behalf of a complainant shall provide evidence of that authority to the office of special education of the department.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009 AACS; 2013 AACS; 2020 AACS.

Mich. Admin. Code R 340.1852 General responsibilities of public agencies, intermediate school districts, and the department {#sec-r-340.1852 omnilex-key=us-mi-regs-official--dept-education--R 340.1852}

Rule 152. (1) All public agencies shall receive allegations of violations of state or federal regulations pertaining to special education. When an allegation is made orally, the recipient public agency may take formal or informal action as necessary to resolve the situation in compliance with applicable provisions of law, but, at a minimum, shall immediately do all of the following:

(a) Inform the person making the allegation that he or she has a right to file a written state complaint with the department.

(b) Inform the person making the allegation that the filing of a state complaint may be delayed so that mediation or other informal resolution may be attempted. The right to file a state complaint is retained if the informal attempts to resolve the concern in a timely manner are unsuccessful.

(c) Provide the person making the allegation with a copy of part 8 of these rules and the department's procedures pertaining to state complaints.

(d) Offer to assist the person in filing a state complaint.

(2) All public agencies shall have procedures to receive state complaints.

(3) If requested, the intermediate school district shall assist a person in writing a state complaint.

(4) When a state complaint is filed, the department shall provide the complainant with all of the following:

(a) A copy of part 8 of these rules.

(b) A copy of the procedures established by the department pertaining to state complaints.

(d) Information regarding mediation.

History

History: 1979 AC; 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 340.1853 Investigation, report, and final decision of a state complaint {#sec-r-340.1853 omnilex-key=us-mi-regs-official--dept-education--R 340.1853}

Rule 153. (1) The department and the intermediate school district shall investigate state complaints pursuant to part 8 of these rules, procedures established by the department pertaining to state complaints, and the federal regulations implementing the individuals with disabilities education act. The department may independently initiate and investigate a state complaint.

(2) The intermediate school district shall appoint a staff member, or contract with an independent agent, to conduct the investigation with the department. The intermediate school district investigator shall not have administrative authority over programs or services against which a state complaint is filed.

(3) The public agency shall cooperate with the department and the intermediate school district during the conduct of the investigation, including submitting documents requested by the intermediate school district or the department.

(4) The department, during the pendency of the state complaint, shall require any public agency against which the complaint was lodged to maintain the educational status, program placement, and services of an involved student as it was before the complaint if, in the judgment of the department, not doing so constitutes a violation of the student's due process protections.

(5) The department shall issue a final written decision within 60 calendar days after a complaint is filed.

(6) The department may grant an extension of time if exceptional circumstances exist with respect to a particular state complaint. A denial of an extension request is final.

(7) The department shall mail the final written report to the complainant, any public agency subject to the state complaint, and the intermediate school district.

History

History: 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 340.1854 Corrective action and proof of compliance {#sec-r-340.1854 omnilex-key=us-mi-regs-official--dept-education--R 340.1854}

Rule 154. (1) The public agency shall correct violations as directed by the department.

(2) The intermediate school district shall assist the public agency in monitoring the progress of the corrective action.

(3) The public agency shall submit proof of compliance to the department and the intermediate school district documenting that the violation is corrected within the time line specified in the corrective action.

History

History: 1980 AACS; 1997 AACS; 2009 AACS.

Mich. Admin. Code R 340.1855 Failure to comply with corrective action in a timely manner; sanctions {#sec-r-340.1855 omnilex-key=us-mi-regs-official--dept-education--R 340.1855}

Rule 155 (1) If a public agency fails to correct known violations of law in a timely manner, or fails to cooperate with the department or the intermediate school district during the conduct of its investigation, or presents known falsification of fact, or continues repetition of similar violations, the department shall do 1 or more of the following:

(a) If the public agency in violation is a local school district or a public school academy, then the department shall direct the intermediate school district to provide complying programs and services pursuant to section 1702 of 1976 PA 451, MCL 380.1702.

(b) If the public agency in violation is an intermediate school district, the department may withdraw the authority of the intermediate school district to operate a program that is in noncompliance and simultaneously require the public agency of residence to place the affected student or students in an appropriate program.

(c) Withhold federal funds under part B of the individuals with disabilities education act, 20 U.S.C. chapter 33, §1400, et seq.

(d) Apply other penalties under 1976 PA 451, MCL 380.1.

(e) Withhold state funds under 1979 PA 94, MCL 388.1601, or any other governing statute.

(f) Withhold, withdraw, or suspend such endorsements, approvals, credentials, grants, or authorizations pertaining to special education personnel or projects that the department, or its designee, had authority to grant as authorized by, and in accordance with, the procedures required by law.

(g) Seek enforcement of the corrective action in a court of appropriate jurisdiction.

PART 9. RECORDS AND CONFIDENTIALITY

History

History: 2009 AACS.

Mich. Admin. Code R 340.1861 Records; maintenance; content; transfer of records; release of records {#sec-r-340.1861 omnilex-key=us-mi-regs-official--dept-education--R 340.1861}

Rule 161. (1) A registry shall be maintained by intermediate school districts under procedures established by the department and under the provisions of 1976 PA 451, MCL 380.1711, for all students with disabilities, as defined by R 340.1702, including students placed in state and privately operated facilities. The registry shall be an operational, active database system with the capacity to provide up-to-date student counts and other data requirements to the department on a timely basis. Each constituent local school district, public school academy, or state agency shall provide the intermediate school district with a complete updated data record for each student with a disability.

The updated record shall contain full-time equivalency data for each student enrolled in a special education program by the student count dates required in the state school aid act, 1979 PA 94, MCL 388.1601 et seq., and shall contain each student's data enrolled in programs and services by the student count date required by the regulations implementing the individuals with disabilities education act, 34 C.F.R.§300.1 et seq.

(2) If the residency of a student with a disability changes from one intermediate school district to another, then the intermediate school district of previous residence shall transfer the records maintained under this rule to the new intermediate school district upon written request of the intermediate school district of residence and the parent of the student with a disability for whom the record was maintained.

(3) Public agencies shall comply with 34 C.F.R. 300.610 to 300.626.

PART 10. BIRTH TO THREE

History

History: 1980 AACS; 1983 AACS; 1987 AACS; 2002 AACS; 2008 AACS.

Mich. Admin. Code R 340.1862 Individualized family service plan; time lines; eligibility {#sec-r-340.1862 omnilex-key=us-mi-regs-official--dept-education--R 340.1862}

Rule 162. (1) Eligibility for Michigan special education services for all children with a disability birth to age 3 shall be determined by and documented in an individualized family service plan.

(2) Evaluations conducted to determine eligibility for Michigan special education services shall meet the requirements of 34 CFR part 303 and R 340.1705 to R 340.1717.

(3) Determination of eligibility for Michigan special education services, for a child birth to 3 with a disability shall follow all time lines and requirements pursuant to 34 CFR part 303.

(4) Special education services for children birth to 3 with disabilities shall be all of the following:

(a) Determined by the child's individual needs and specified in an individualized family service plan.

(b) Provided by an approved or endorsed early childhood special education teacher or approved related services staff.

(c) Provided for not less than 72 clock hours over 1 year. The time line begins upon receipt of signed parental consent to provide services.

(d) Provided in an appropriate early childhood setting, school setting, community setting, or family setting.

(e) Have a parent participation and education component.

(5) Approved related services staff shall work under the educational direction of an approved or endorsed early childhood special education teacher.

History

History: 1980 AACS; 2002 AACS; 2011 AACS; 2013 AACS.

Mich. Admin. Code R 340.1863 Rescinded {#sec-r-340.1863 omnilex-key=us-mi-regs-official--dept-education--R 340.1863}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1864 Rescinded {#sec-r-340.1864 omnilex-key=us-mi-regs-official--dept-education--R 340.1864}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1865 Rescinded {#sec-r-340.1865 omnilex-key=us-mi-regs-official--dept-education--R 340.1865}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1866 Rescinded {#sec-r-340.1866 omnilex-key=us-mi-regs-official--dept-education--R 340.1866}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1867 Rescinded {#sec-r-340.1867 omnilex-key=us-mi-regs-official--dept-education--R 340.1867}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1868 Rescinded {#sec-r-340.1868 omnilex-key=us-mi-regs-official--dept-education--R 340.1868}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1869 Rescinded {#sec-r-340.1869 omnilex-key=us-mi-regs-official--dept-education--R 340.1869}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1870 Rescinded {#sec-r-340.1870 omnilex-key=us-mi-regs-official--dept-education--R 340.1870}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1871 Rescinded {#sec-r-340.1871 omnilex-key=us-mi-regs-official--dept-education--R 340.1871}

History

History: 1980 AACS; 2002 AACS.

Mich. Admin. Code R 340.1872 Rescinded {#sec-r-340.1872 omnilex-key=us-mi-regs-official--dept-education--R 340.1872}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

Mich. Admin. Code R 340.1873 Rescinded {#sec-r-340.1873 omnilex-key=us-mi-regs-official--dept-education--R 340.1873}

History

History: 1980 AACS; 1987 AACS; 2002 AACS.

R 380.21 to R 380.23 Teacher and School Administrator Evaluation Tools

Mich. Admin. Code R 380.21 Definitions {#sec-r-380.21 omnilex-key=us-mi-regs-official--dept-education--R 380.21}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

TEACHER AND SCHOOL ADMINISTRATOR EVALUATION TOOLS

(By authority conferred on the superintendent of public instruction by sections 1249 and 1249b of 1976 PA 451, MCL 380.1249 and MCL 380.1249b, and Executive Reorganization Order No.

1996-6, MCL 388.993)

Rule 1. As used in these rules:

(a) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

(b) “Department” means the department of education.

(d) “Educator” means a teacher or school administrator whose performance is evaluated as required by the act.

(e) “Efficacy” means the extent to which an evaluation tool provides information that improves professional practice.

(f) “Evaluation tool” means a written instrument used to assess the performance of educators as required by the act.

(g) “List” means the compilation of evaluation tools by the department as required by the act and maintained on the department’s website.

(h) “Reliability” means the extent to which an evaluation tool is consistent and stable in yielding similar results under varying conditions, including, but not limited to, different evaluators and observers or different observation windows.

(i) “Scoring guide” means the scoring instrument developed by the department and reviewed by the department’s technical advisory committee before initial implementation and subsequent modification that is available on the department’s website and that defines the minimum requirements for placement of an evaluation tool on the list using the following criteria: research base, qualifications of the author or authors, reliability, validity, and efficacy.

(j) “Validity” means the extent to which an evaluation tool measures what it is intended to measure.

History

History: 2017 AACS; 2024 AACS.

Mich. Admin. Code R 380.22 Placement of evaluation tool on list {#sec-r-380.22 omnilex-key=us-mi-regs-official--dept-education--R 380.22}

Rule 2. (1) The department may place an evaluation tool on the list under this rule.

(2) A district may request placement of an evaluation tool that it has adopted for use on the list by submitting an online application available on the department’s website and all of the following:

(a) Evidence of the evaluation tool’s research base.

(b) The identity and qualifications of the author or authors of the evaluation tool.

(d) All frameworks and rubrics used with the evaluation tool, with detailed descriptors for each performance level on key summative indicators.

(e) A description of the processes for conducting observations, collecting evidence, conducting evaluation conferences, developing performance ratings, and developing performance improvement plans.

(f) A description of the plan for providing evaluators and observers with training in the use of the evaluation tool.

(3) A public or private organization other than a district may request placement of an evaluation tool on the list by submitting an online application available on the department’s website and all of the following:

(a) One of the following:

(i) Evidence that at least 2 state education agencies have approved or adopted the evaluation tool.

(ii) Evidence that not less than 10 districts in this state will consider adopting the evaluation tool if the department adds it to the list.

(b) Evidence of the evaluation tool’s research base.

(d) Evidence of the evaluation tool’s reliability, validity, and efficacy.

(e) All frameworks and rubrics used with the evaluation tool, with detailed descriptors for each performance level on key summative indicators.

(f) A description of the processes for conducting observations, collecting evidence, conducting evaluation conferences, developing performance ratings, and developing performance improvement plans.

(g) A description of the plan for providing evaluators and observers with training in the use of the evaluation tool.

(4) The department shall review an evaluation tool submitted under this rule using the scoring guide and examining all information required under subrule (2) or (3) of this rule.

(5) After receiving a request under this rule, the department shall notify the district or organization if the department will place the evaluation tool on the list. If the department determines that it will not place the evaluation tool on the list, the notice must include the reasons for denial of the request.

(6) The department shall place an evaluation tool submitted under this rule on the list if it satisfies the minimum requirements set forth in the scoring guide.

History

History: 2017 AACS; 2024 AACS.

Mich. Admin. Code R 380.23 Removal of evaluation tool from list {#sec-r-380.23 omnilex-key=us-mi-regs-official--dept-education--R 380.23}

Rule 3. (1) The department shall remove an evaluation tool from the list if any of the following occurs:

(a) The department modifies the scoring guide and an evaluation tool on the list does not satisfy the minimum requirements set forth in the scoring guide as modified.

(b) An evaluation tool on the list is modified and, as modified, it does not satisfy the minimum requirements set forth in the scoring guide.

(c) The department determines that the decision to place the evaluation tool on the list was based on incorrect information and that the evaluation tool does not satisfy the minimum requirements set forth in the scoring guide.

(2) Removal of an evaluation tool from the list under this rule does not preclude placement of the evaluation tool on the list at a later time under R 380.22.

History

History: 2017 AACS.

R 380.101 to R 380.136 School Administrator Certification Code

Mich. Admin. Code R 380.101 Definitions {#sec-r-380.101 omnilex-key=us-mi-regs-official--dept-education--R 380.101}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL ADMINISTRATOR CERTIFICATION CODE

(By authority conferred on the superintendent of public instruction by sections 1246, 1536, and 1539b of the revised school code, 1976 PA 451, MCL 380.1246, 380.1536, and 380.1539b, and Executive Reorganization Order No. 1996-6, MCL 388.993)

Rule 1. As used in this code:

(a) “Accredited” means accredited by an accreditation agency recognized by the Council for Higher Education Accreditation or by the United States Department of Education.

(b) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

(d) “Alternative route school administrator preparation program” means a pathway to school administrator certification under R 380.105 offered by an approved provider that is an established state professional organization.

(e) “Central office administrator” means either or both of the following:

(i) Superintendent of a school district.

(ii) An individual whose primary responsibility is administering instructional programs in a school district on a district-wide basis.

(f) “Central office endorsement” means a school administrator certificate endorsement for a central office administrator.

(g) “Certificating authority” means an out-of-state governmental entity that is legally authorized to issue educator credentials.

(h) “Department” means the department of education unless otherwise indicated.

(i) “Education-related professional learning” means an educational opportunity that improves a school administrator’s practice and capacity to perform the work within the profession of education, including time spent engaging with local employers or technical centers, that is 1 or more of the following:

(i) Satisfactory college semester credit hours relevant to professional development as a school administrator at an accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours.

(ii) State continuing education clock hours relevant to professional development as a school administrator.

(iii) Michigan annual district provided professional development hours relevant to professional development as a school administrator.

(j) “Established state professional organization” means an association that has served members on a statewide basis for at least 10 years and that represents superintendents, principals, assistant principals, and individuals whose primary responsibility is administering instructional programs.

(k) “Listed offense” means that term as defined in section 1535a of the act, MCL 380.1535a.

(l) “Michigan annual district provided professional development” means annual district provided professional development as required by sections 1526 and 1527 of the act, MCL 380.1526 and 380.1527, relevant to professional development as a school administrator.

(m) “Michigan professional teaching certificate” means a certificate issued under part 3 of the teacher certification code, R 390.1133 to R 390.1138.

(n) “Michigan standard teaching certificate” means a certificate issued under R 390.1123, R 390.1125, R 390.1129b, or R 390.1130.

(o) “Out-of-state” means of a political subdivision of the United States besides Michigan, of a federally recognized Native American tribe, or of a foreign country or political subdivision of a foreign country.

(p) “Performance-based professional learning program” means an approved program that requires the demonstration of knowledge, application, skills, behavior, and impact on improving leadership as measured by performance indicators.

(q) “PK-12 building administrator” means 1 or more of the following:

(i) Principal of a PK-12 school.

(ii) Assistant principal of a PK-12 school.

(iii) An individual whose primary responsibility is administering instructional programs in a PK-12 school.

(r) “PK-12 building endorsement” means a school administrator certificate endorsement for a PK-12 building administrator.

(s) “PK-12 school” means a school with a single grade or any combination of grades from prekindergarten to grade 12.

(t) “Provider” means an accredited college or university that has a traditional school administrator preparation program or an established state professional association that has an alternative route school administrator preparation program.

(u) “School administrator certificate endorsement” means either or both of the following endorsements on a school administrator certificate:

(i) PK-12 building.

(ii) Central office.

(v) “School district” means that term as defined in R 390.1101.

(w) “State board” means the state board of education.

(x) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

(y) “Traditional school administrator preparation program” means a program for school administrator certification under R 380.104 offered by an approved provider that is a college or university.

(z) “Traditional school administrator preparation program course of study” or “alternative route school administrator preparation program course of study” means the outline of courses required for completion of an approved traditional school administrator preparation program or approved alternative route school administrator preparation program.

(aa) “Valid” means within the time period of the credential and not suspended, revoked, or nullified.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.102 Certificate and permit requirements for school administrators {#sec-r-380.102 omnilex-key=us-mi-regs-official--dept-education--R 380.102}

Rule 2. (1) The superintendent of public instruction may issue the following school administrator certificates under this code:

(a) School administrator (1246(1)(a)) certificate.

(b) School administrator (1246(1)(b)) certificate.

(2) An individual employed by a school district in this state on or before January 4, 2010, as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs shall hold a valid school administrator (1246(1)(a)) certificate under R 380.103 in order to be employed by a school district as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs.

(3) An individual initially employed by a school district in this state after January 4, 2010, as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs shall hold a valid school administrator (1246(1)(b)) certificate under R 380.104, R 380.105, or R 380.106 in order to be employed by a school district as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs.

(4) A school district that employs a superintendent, principal, assistant principal, or individual whose primary responsibility is administering instructional programs who does not hold a valid school administrator certificate under this code shall obtain a school administrator permit under R 380.116.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.102a Rescinded {#sec-r-380.102a omnilex-key=us-mi-regs-official--dept-education--R 380.102a}

History

History: 2012 AACS; 2017 AACS.

Mich. Admin. Code R 380.103 School administrator (1246(1)(a)) certificate {#sec-r-380.103 omnilex-key=us-mi-regs-official--dept-education--R 380.103}

Rule 3. (1) The superintendent of public instruction may issue a school administrator (1246(1)(a)) certificate to an applicant who pays the applicable evaluation fee if the department has received documentation of both of the following:

(a) The applicant was employed by a school district in this state on or before January 4, 2010, as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs.

(b) During the 5-year period immediately preceding the issuance of the certificate, the applicant completed any combination of education-related professional learning hours totaling 150 hours.

(2) Holding a valid Michigan professional or standard teaching certificate satisfies subrule (1)(b) of this rule.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.104 School administrator (1246(1)(b)) certificate, endorsements, and degree requirements; Michigan traditional school administrator preparation program {#sec-r-380.104 omnilex-key=us-mi-regs-official--dept-education--R 380.104}

Rule 4. (1) The superintendent of public instruction may issue a school administrator (1246(1)(b)) certificate with a PK-12 building endorsement to an applicant who pays the applicable evaluation fee if the department has received documentation of all of the following:

(a) The applicant earned a master’s degree or higher from an accredited college or university.

(b) The applicant completed a Michigan approved elementary and secondary PK-12 traditional school administrator preparation program at least at the master’s degree level, including a supervised internship.

(c) The approved program provider recommended the applicant for school administrator certification and PK-12 building endorsement.

(d) For an application submitted on or after the effective date of this subdivision, the applicant earned a passing score on the appropriate available school administrator examination approved by the superintendent of public instruction.

(2) The superintendent of public instruction may issue a school administrator (1246(1)(b)) certificate with a central office endorsement to an applicant who pays the applicable evaluation fee if the department has received documentation of all of the following:

(a) The applicant earned a master’s degree or higher from an accredited college or university.

(b) The applicant completed a Michigan approved central office traditional school administrator preparation program at the post-master’s degree level, including a supervised internship.

(c) The approved program provider recommended the applicant for school administrator certification and central office endorsement.

(3) Credit completed in a Michigan approved traditional school administrator preparation program for 1 endorsement under this rule applies toward a different endorsement if the credit meets the approved program requirements.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.105 School administrator (1246(1)(b)) certificate, endorsements, and degree requirements; Michigan alternative route school administrator preparation program {#sec-r-380.105 omnilex-key=us-mi-regs-official--dept-education--R 380.105}

Rule 5. (1) The superintendent of public instruction may issue a school administrator (1246(1)(b)) certificate with the appropriate endorsement or endorsements to an applicant who pays the applicable evaluation fee if the department has received documentation of all of the following:

(a) Either of the following:

(i) The applicant earned a master’s or higher degree from an accredited college or university.

(ii) The applicant earned a baccalaureate degree from an accredited college or university and has experience that meets at least 1 of the following for a minimum of 3 years:

(A) Successful experience as a PK-12 school administrator.

(B) Successful experience as a central office school administrator.

(b) The applicant completed a Michigan approved alternative route school administrator preparation program, including a supervised internship.

(2) The superintendent of public instruction may issue a school administrator (1246(1)(b)) certificate with the appropriate endorsement or endorsements to an applicant who pays the applicable evaluation fee if the department has received documentation of all of the following:

(a) An approved alternative route school administrator preparation program provider recommended the applicant for school administrator certification and endorsement.

(b) The applicant meets all approved alternative route school administrator preparation program standards.

(c) For an application submitted on or after the effective date of this subdivision, the applicant earned a passing score on the appropriate available school administrator examination approved by the superintendent of public instruction.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.106 Out-of-state certificate and program {#sec-r-380.106 omnilex-key=us-mi-regs-official--dept-education--R 380.106}

Rule 6. (1) Subject to subrule (3) of this rule and R 380.123, the superintendent of public instruction may issue a school administrator (1246(1)(b)) certificate with an appropriate endorsement or endorsements to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:

(a) Either of the following:

(i) An out-of-state certificating authority issued a school administrator certificate to the applicant at any time based on satisfaction of requirements for school administrator certification the superintendent of public instruction considers equivalent to those in effect in this state.

(ii) The applicant satisfactorily completed an out-of-state program with requirements the superintendent of public instruction considers equivalent to those in effect in this state that lead to school administrator certification.

(b) Either of the following:

(i) For an application submitted on or after the effective date of this paragraph, the applicant passed the appropriate available school administrator examination approved by the superintendent of public instruction.

(ii) The applicant had 3 years of successful out-of-state school administrator experience, as determined by the superintendent of public instruction, while holding a school administrator certificate that was valid in that state.

(2) Subject to subrule (3) of this rule and R 380.123, the superintendent of public instruction may issue an endorsement on a valid or expired Michigan school administrator certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:

(a) Either of the following:

(i) The applicant holds a valid or expired out-of-state school administrator certificate with the endorsement or its equivalent.

(ii) The applicant completed an out-of-state program with requirements the superintendent of public instruction considers equivalent to those in effect in this state that lead to the endorsement.

(b) Either of the following:

(3) An application for a Michigan school administrator certificate or endorsement based on a foreign school administrator credential or completion of a foreign school administrator preparation program must include documentation of credential review by a current member in good standing of an international credential review association approved by the department.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.107 School administrator certificate issuance and expiration {#sec-r-380.107 omnilex-key=us-mi-regs-official--dept-education--R 380.107}

Rule 7. (1) A school administrator certificate issued under this code is valid as determined by its issue date and expiration date as set forth in this rule and by action taken under R 380.121 to R 380.136. An applicant for and the holder of a school administrator certificate and the employer shall be familiar with the specific requirements and expiration date of the certificate.

(2) A school administrator certificate or renewal issued under this code expires 5 years after June 30 of the calendar year of issuance.

(3) The superintendent of public instruction shall not issue a school administrator certificate until payment of the fee required by section 1538 of the act, MCL 380.1538.

April 27, 2026.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2026 MR 8, Eff.

Mich. Admin. Code R 380.107a Rescinded {#sec-r-380.107a omnilex-key=us-mi-regs-official--dept-education--R 380.107a}

History

History: 2012 AACS; 2017 AACS.

Mich. Admin. Code R 380.108 Selection criteria; recommendations; rules as minimum requirements {#sec-r-380.108 omnilex-key=us-mi-regs-official--dept-education--R 380.108}

Rule 8. (1) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider that recommends candidates for school administrator certificates shall establish selection criteria that ensure that it admits only qualified candidates to its program and that it recommends only qualified candidates for certification or additional certificate endorsements.

(2) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider shall not recommend candidates for school administrator certification or for endorsement in areas in which it does not have approved programs.

(3) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider shall not make a recommendation concerning a school administrator certificate before both of the following:

(a) Subject to R 380.105(2), the applicant’s satisfactory completion of an approved traditional school administrator preparation program or an approved alternative route school administrator preparation program.

(b) For applications submitted on or after the effective date of this subdivision, the applicant’s passing of appropriate available school administrator examinations approved by the superintendent of public instruction.

(4) The requirements in this code are minimum requirements. An approved traditional school administrator preparation program or an approved alternative route school administrator preparation program provider may have additional requirements that exceed the requirements of this code.

(5) The superintendent of public instruction may determine the criteria for evaluating certification of candidates prepared by out-of-state programs in accordance with the law of this state, including R 380.106.

History

History: 1988 AACS; 2008 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.109 Renewal of school administrator certificate {#sec-r-380.109 omnilex-key=us-mi-regs-official--dept-education--R 380.109}

Rule 9. (1) Subject to subrules (2) and (3) of this rule, the superintendent of public instruction may issue a renewal of a school administrator certificate to an applicant who pays the applicable evaluation fee if the department has received documentation that, since the issuance of the most recent school administrator certificate or renewal, the applicant completed any combination of education-related professional learning hours totaling 150 hours.

(2) Holding a valid Michigan professional or standard teaching certificate satisfies the requirements of subrule (1) of this rule.

(3) The superintendent of public instruction may issue one 5-year renewal of a Michigan school administrator certificate to an applicant who pays the applicable evaluation fee if the department has received documentation that the applicant holds a valid out-of-state school administrator certificate.

April 27, 2026.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2026 MR 8, Eff.

Mich. Admin. Code R 380.110 Members of the armed forces and uniformed services, veterans, and dependents {#sec-r-380.110 omnilex-key=us-mi-regs-official--dept-education--R 380.110}

Rule 10. (1) As used in this rule:

(a) “Armed forces” means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, or other military force designated by the United States Congress as a part of the Armed Forces of the United States, including the reserve components.

(b) “Dependent” means a spouse, surviving spouse, child who is less than 26 years of age, or surviving child who is less than 26 years of age.

(c) “Uniformed services” means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(d) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.

(2) If either of the following individuals serves a period of active duty during the time period of a certificate issued under these rules, the individual may file a request with the department that the superintendent of public instruction determine that all or part of the period of active duty satisfies some or all of the requirements for renewal of the certificate:

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(3) The following individuals may file a request with the department for refund of an evaluation fee paid during the immediately preceding 1-year period under section 1538 of the act, MCL 380.1538, and for a voucher in the amount of the cost of an examination required under these rules, to be presented at the time of registration for the examination:

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(d) A dependent of a veteran.

History

History: 1988 AACS; 2008 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.111 Standards and approval of providers and programs {#sec-r-380.111 omnilex-key=us-mi-regs-official--dept-education--R 380.111}

Rule 11. (1) The state board shall approve standards for approving providers, traditional school administrator preparation programs, and alternative route school administrator preparation programs.

(2) The superintendent of public instruction shall approve providers, traditional school administrator preparation programs, and alternative route school administrator preparation programs in accordance with state board approved standards and in accordance with subrule (3) of this rule.

(3) Continued approval of a provider of a traditional school administrator preparation program or an alternative route school administrator preparation program by the superintendent of public instruction requires that the provider be accredited or that a state review process initiated as an appeal of an accreditation decision recommend approval by the superintendent of public instruction.

History

History: 1988 AACS; 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.111a Rescinded {#sec-r-380.111a omnilex-key=us-mi-regs-official--dept-education--R 380.111a}

History

History: 2008 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 380.111b Professional learning enhancement {#sec-r-380.111b omnilex-key=us-mi-regs-official--dept-education--R 380.111b}

Rule 11b. (1) The department shall establish standards for approval of, and shall approve, established state professional organizations' performance-based professional learning programs and professional learning enhancements for issuance on school administrator certificates under section 1536(5) of the act, MCL 380.1536.

(2) On request of the superintendent of public instruction, an established state professional organization shall present to the department evidence of the program descriptors and performance measures of its professional learning program.

(3) The superintendent of public instruction may issue a professional learning enhancement on a valid or expired school administrator certificate with an appropriate endorsement after the certificate holder’s successful completion of an approved professional learning program.

(4) A professional learning enhancement on a school administrator certificate is valid for the period that the school administrator certificate is valid, including renewal periods.

History

History: 2008 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.112 Approved providers; experimental programs {#sec-r-380.112 omnilex-key=us-mi-regs-official--dept-education--R 380.112}

Rule 12. The superintendent of public instruction, at the request of a college or university that is an approved provider, may waive for a specific time particular requirements of this code for an experimental traditional school administrator preparation program. The request must provide sufficient detail to allow assessment of the proposed experimental program and comparison with the provider’s approved traditional school administrator preparation program. If the superintendent of public instruction grants the request, the provider shall objectively evaluate and report to the department on the effectiveness of the experiment for the time period of the waiver. The superintendent of public instruction may renew the waiver if evaluation data provide evidence of value.

History

History: 1988 AACS; 2008 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.113 Rescinded {#sec-r-380.113 omnilex-key=us-mi-regs-official--dept-education--R 380.113}

History

History: 1988 AACS; 2008 AACS.

Mich. Admin. Code R 380.114 Rescinded {#sec-r-380.114 omnilex-key=us-mi-regs-official--dept-education--R 380.114}

History

History: 1988 AACS; 2008 AACS; 2017 AACS.

Mich. Admin. Code R 380.115 Rescinded {#sec-r-380.115 omnilex-key=us-mi-regs-official--dept-education--R 380.115}

History

History: 2008 AACS; 2012 AACS.

Mich. Admin. Code R 380.116 School administrator permit {#sec-r-380.116 omnilex-key=us-mi-regs-official--dept-education--R 380.116}

Rule 16. (1) On payment of the applicable evaluation fee, the superintendent of public instruction may issue an initial school administrator permit to an applying school district that verifies all of the following:

(a) The individual who applies for the permit on behalf of the school district is not the individual whom the school district will employ as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs under the permit.

(b) An appropriately certificated and endorsed school administrator is not available for the assignment.

(c) The individual whom the school district will employ under the permit earned a baccalaureate or higher degree at an accredited college or university.

(d) The school district will assign a mentor to the individual whom it will employ under the permit.

(2) In addition to obtaining a school administrator permit under this rule for any other individual who is not appropriately certificated, a school district shall obtain a school administrator permit for a school administrator employed under section 1246(3) of the act, MCL 380.1246.

(3) On payment of the applicable evaluation fee, the superintendent of public instruction may issue to an applying school district a renewal of a school administrator permit under this rule not more than 3 times to place the same individual in the permitted assignment area if the school district verifies both of the following:

(a) For the first renewal, all of the following:

(i) A formal observation of the individual in the previous school year resulted in a comprehensive evaluation rating of effective.

(ii) The individual enrolled in an approved traditional school administrator preparation program or approved alternative route school administrator preparation program within 6 months of employment.

(iii) The individual presented a traditional school administrator preparation program course of study or an alternative route school administrator preparation program course of study to the employing school district.

(b) For each subsequent renewal, the individual has made progress toward program completion as defined by the superintendent of public instruction.

(4) Unless a shorter validity period is required by section 1246(3) of the act, MCL 380.1246, a school administrator permit or renewal is valid from the issue date to August 31 immediately following the academic school year listed on the permit.

(5) Subject to subrule (7) of this rule, the superintendent of public instruction may refuse to grant, refuse to renew, or revoke a school administrator permit under this rule for 1 of the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the permit.

(b) Conviction of the individual for whom a school district requests the permit for a crime described in section 1535a of the act, MCL 380.1535a.

(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.

(6) The superintendent of public instruction may rescind a school administrator permit at the request of the employing school district.

(7) The superintendent of public instruction shall refuse to grant, refuse to renew, or revoke a school administrator permit if the criminal history of the individual for whom a school district requests it includes conviction of a listed offense.

History

History: 2008 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.121 Suspension of, revocation of, imposition of conditions on, or denial of renewal of school administrator certificate {#sec-r-380.121 omnilex-key=us-mi-regs-official--dept-education--R 380.121}

Rule 21. The superintendent of public instruction may suspend, revoke, impose reasonable conditions on, or deny renewal of a school administrator certificate for either of the following reasons:

(a) The holder of the certificate engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a credential issued to the individual by the superintendent of public instruction.

(b) The holder of the certificate was convicted of a crime described in section 1535a or 1539b of act, MCL 380.1535a and 380.1539b.

History

History: 1988 AACS; 2008 AACS; 2017 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.122 Notice of basis for action; notice of right to hearing; informal conference; referral for hearing {#sec-r-380.122 omnilex-key=us-mi-regs-official--dept-education--R 380.122}

Rule 22. Subject to summary suspension under section 1535a(2) or 1539b(2) of the act, MCL 380.1535a and 380.1539b, all of the following apply to action taken under R 380.121:

(a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a school administrator certificate issued by the superintendent of public instruction includes conviction of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) On receipt of notice of a basis for action under R 380.121(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the school administrator certificate in writing of all of the following:

(i) Because of the conviction or because of the identified reason under R 380.121(a), the superintendent of public instruction may suspend, revoke, impose conditions on, or deny renewal of the school administrator certificate.

(ii) The holder has the right to a hearing.

(iv) If the holder requests a hearing within 15 business days after receipt of the notice, there must be an informal conference.

(d) Not more than 15 business days after receipt of the notice under subdivision (b) of this rule, the holder of the school administrator certificate shall request a hearing. If the holder does not timely request a hearing, the superintendent of public instruction shall suspend or deny renewal of the school administrator certificate.

(e) If the holder of the school administrator certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the holder of the date and time of an informal conference. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department may recommend that the superintendent of public instruction take no action against or grant renewal of the school administrator certificate or that there be a settlement or conditional agreement. The superintendent of public instruction shall approve, modify, or deny the recommendation of the department.

History

History: 1988 AACS; 2008 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.123 Denial or rescission of school administrator certificate or endorsement {#sec-r-380.123 omnilex-key=us-mi-regs-official--dept-education--R 380.123}

Rule 23.(1) The superintendent of public instruction may deny an individual’s application for a school administrator certificate or endorsement for any of the following reasons:

(a) The applicant engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a credential, including an endorsement, issued to the applicant by the superintendent of public instruction.

(b) The applicant was convicted of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b.

(d) An out-of-state certificating authority took action against an educator credential issued at any time to the applicant by that authority.

(2) After notice and an opportunity to show compliance, the superintendent of public instruction may rescind a school administrator certificate or endorsement issued to an individual by the superintendent of public instruction for failure of the individual to meet the requirements for the school administrator certificate or endorsement.

History

History: 1988 AACS; 2008 AACS; 2017 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.124 Investigation {#sec-r-380.124 omnilex-key=us-mi-regs-official--dept-education--R 380.124}

Rule 24. An authorized representative of the department shall perform the investigatory and prosecutorial functions regarding cases pertaining to school administrator certificates and endorsements issued by the superintendent of public instruction. On receipt of information that may serve as the basis for suspension, revocation, denial, refusal to renew, or rescission of a school administrator certificate or endorsement, the authorized representative shall initiate an investigation of that information.

History

History: 1988 AACS; 2008 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.125 Reinstatement of suspended or revoked school administrator certificate {#sec-r-380.125 omnilex-key=us-mi-regs-official--dept-education--R 380.125}

Rule 25. (1) Unless the superintendent of public instruction suspended or revoked an individual’s school administrator certificate based on conviction of a listed offense, the individual may file with the department a request for reinstatement of the school administrator certificate that was suspended or revoked under these rules.

(2) If the superintendent of public instruction suspended or revoked the school administrator certificate under R 380.121(a), all of the following apply:

(a) The individual shall provide to the department documentation and other information that demonstrates that the individual is currently fit to serve in a school or school district in this state and that reinstatement of the school administrator certificate will not adversely affect the health, safety, and welfare of pupils or the integrity of the administration of schools or school districts in this state.

(b) If the superintendent of public instruction suspended or revoked the school administrator certificate pursuant to an agreement between the department and the individual, the individual shall provide to the department documentation and other information that establishes satisfaction of the conditions set forth in the agreement.

(c) Not more than 30 calendar days after receipt of the request for reinstatement, the department shall notify the individual in writing of all of the following:

(i) The individual has the right to a hearing.

(iii) If the individual requests a hearing within 30 calendar days after receipt of the notice, there must be an informal conference on the request for reinstatement.

(d) Not more than 30 calendar days after receipt of the notice described in subdivision (c) of this subrule, the individual shall request a hearing. If the individual does not timely request a hearing, the superintendent of public instruction shall dismiss the request for reinstatement of the school administrator certificate.

(e) If the individual timely requests a hearing, the department shall immediately notify the individual of the date and time of an informal conference on the request for reinstatement.

Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department shall recommend that the superintendent of public instruction reinstate or deny reinstatement of the school administrator certificate. Based on consideration of the recommendation and the documentation and other information presented, the superintendent of public instruction shall reinstate or deny reinstatement of the school administrator certificate. The superintendent of public instruction shall not reinstate the school administrator certificate unless the superintendent of public instruction finds that the individual is currently fit to serve in a school or school district in this state and that reinstatement will not adversely affect the health, safety, and welfare of pupils or the integrity of the administration of schools or school districts in this state.

(g) If the superintendent of public instruction does not reinstate the school administrator certificate under subdivision (f) of this subrule, the department shall refer the request to the Michigan office of administrative hearings and rules for hearing.

(3) If the superintendent of public instruction suspended or revoked the school administrator certificate under R 380.121(b), not more than 30 calendar days after receipt of a request for a hearing on reinstatement, the department shall refer the request to the Michigan office of administrative hearings and rules under section 1535a(5) or section 1539b(5) of the act, MCL 380.1535a and 380.1539b.

History

History: 1988 AACS; 2008 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.126 Rescinded {#sec-r-380.126 omnilex-key=us-mi-regs-official--dept-education--R 380.126}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.127 Rescinded {#sec-r-380.127 omnilex-key=us-mi-regs-official--dept-education--R 380.127}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.128 Rescinded {#sec-r-380.128 omnilex-key=us-mi-regs-official--dept-education--R 380.128}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.129 Rescinded {#sec-r-380.129 omnilex-key=us-mi-regs-official--dept-education--R 380.129}

History

History: 1988 AACS; 2008 AACS.; 2015 AACS.

Mich. Admin. Code R 380.130 Removal of suspension or revocation of school administrator certificate after conviction set aside, expunged, or dismissed {#sec-r-380.130 omnilex-key=us-mi-regs-official--dept-education--R 380.130}

Rule 30. (1) The superintendent of public instruction shall remove the suspension or revocation of a school administrator certificate if all of the following are satisfied:

(a) The suspension or revocation was based solely on a criminal conviction under section 1535a or section 1539b of the act, MCL 380.1535a and 380.1539b.

(b) The holder of the school administrator certificate files with the department a request for removal of the suspension or revocation that includes documentation satisfactory to the department that the conviction was set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged or dismissed by a court of competent jurisdiction.

(2) Removal of a suspension or revocation under this rule does not relieve the holder of the school administrator certificate of the responsibility to comply with all legal requirements for renewal of the school administrator certificate.

(3) This rule does not preclude the superintendent of public instruction from taking action against a school administrator certificate under R 380.121, or from denying or rescinding a school administrator certificate or endorsement under R 380.123, for a reason other than a conviction that was set aside or otherwise expunged or dismissed.

History

History: 1988 AACS; 2008 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 380.131 Rescinded {#sec-r-380.131 omnilex-key=us-mi-regs-official--dept-education--R 380.131}

History

History: 1988 AACS; 2008 AACS.

Mich. Admin. Code R 380.132 Rescinded {#sec-r-380.132 omnilex-key=us-mi-regs-official--dept-education--R 380.132}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.133 Rescinded {#sec-r-380.133 omnilex-key=us-mi-regs-official--dept-education--R 380.133}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.134 Rescinded {#sec-r-380.134 omnilex-key=us-mi-regs-official--dept-education--R 380.134}

History

History: 1988 AACS; 2008 AACS; 2015 AACS.

Mich. Admin. Code R 380.135 Rescinded {#sec-r-380.135 omnilex-key=us-mi-regs-official--dept-education--R 380.135}

History

History: 1988 AACS; 2008 AACS.

Mich. Admin. Code R 380.136 Action by superintendent of public instruction on proposal for decision {#sec-r-380.136 omnilex-key=us-mi-regs-official--dept-education--R 380.136}

Rule 36. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings.

History

History: 1988 AACS; 2008 AACS; 2017 AACS; 2020 AACS.

R 380.201 to R 380.214 School Psychologist Certificate Code

Mich. Admin. Code R 380.201 Definitions {#sec-r-380.201 omnilex-key=us-mi-regs-official--dept-education--R 380.201}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL PSYCHOLOGIST CERTIFICATION CODE

(By authority conferred on the superintendent of public instruction by section 1251 of 1976 PA 451, MCL 380.1251, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. As used in these rules:

(a) “Annual district provided professional development” means that term as defined in R 390.1101.

(b) “Approved school psychologist preparation program” means a state approved program in an institution that prepares school psychologists in accordance with the state law of the program’s location.

(d) “Education-related professional learning” means an educational opportunity intended to improve a school psychologist’s practice and capacity to perform the work within the profession of education, including time spent engaging with local employers or technical centers, that is 1 or more of the following:

(i) Satisfactory college semester credit hours applicable to a school psychologist position at a regionally accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours.

(ii) State continuing education clock hours in approved professional development activities applicable to a school psychologist position.

(iii) Michigan annual district provided professional development hours applicable to a school psychologist position.

(e) “Institution” means a college or university that has state, regional, or national accreditation.

(f) “Michigan professional teaching certificate” means a certificate issued under part 3 of the teacher certification code, R 390.1133 to R 390.1138.

(g) “Preliminary school psychologist certificate” means the certificate issued to an applicant who has met the requirements of R 380.204 or R 380.205.

(h) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the Council for Higher Education Accreditation or its successor agency.

(i) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent.

(j) “School district” means that term as defined in R 390.1101.

(k) “School psychologist certificate” means a certificate issued to an applicant who has met the requirements of R 380.206.

(l) “State board” means the Michigan state board of education.

(m) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

History

History: 1992 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.202 Individuals required to hold school psychologist certification {#sec-r-380.202 omnilex-key=us-mi-regs-official--dept-education--R 380.202}

Rule 2. (1) An individual whom a school district employs as a school psychologist, an individual who works as a school psychologist in a school district on a contract basis, and an individual who performs the functions of a school psychologist in a school district either as an employee or on a contract basis shall hold a valid certificate under these rules.

(2) Only an individual who holds a valid certificate under these rules shall use the title of school psychologist.

History

History: 1992 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.203 Role of school psychologist {#sec-r-380.203 omnilex-key=us-mi-regs-official--dept-education--R 380.203}

Rule 3. A school psychologist may function in roles defined by standards created by Michigan stakeholders and approved by the state board.

History

History: 1992 AACS; 2006 AACS; 2017 AACS.

Mich. Admin. Code R 380.204 Preliminary school psychologist certificate; applicant trained in Michigan approved school psychologist preparation program {#sec-r-380.204 omnilex-key=us-mi-regs-official--dept-education--R 380.204}

Rule 4. (1) An applicant for a preliminary school psychologist certificate trained in a Michigan approved school psychologist preparation program shall satisfy both of the following requirements:

(a) Completion of a minimum of 45 graduate semester credit hours in a Michigan approved school psychologist preparation program.

(b) Completion of not less than a 600-clock-hour supervised, field-based practicum with students in an approved school psychologist preparation program, a minimum of 300 clock hours of which must be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. The practicum must begin no earlier than the second year in a school psychologist preparation program and must involve integration and performance in the full range of school psychology roles as defined in R 380.203. The practicum must be a culminating experience during which an individual applies skills learned in coursework and practice contexts. Completion of the 600 hours must prepare the individual to practice the full range of school psychology functions. The 45 semester credit hours required in subdivision (a) of this subrule do not include the clock hours required under this subdivision.

(2) A Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a preliminary school psychologist certificate. The institution shall not make a recommendation to issue a preliminary school psychologist certificate until the applicant has completed the requirements set forth in this rule and the applicant has applied for certification. The superintendent of public instruction may issue a certificate based on the recommendation of the Michigan institution.

(3) A preliminary school psychologist certificate expires 3 years from June 30 of the calendar year of issuance.

(4) An individual employed under a preliminary school psychologist certificate shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist.

(5) A holder of a preliminary school psychologist certificate and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate.

(6) Subject to subrule (7) of this rule, the superintendent of public instruction may renew a preliminary school psychologist certificate for one 3-year period upon the holder’s completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours must be after issuance of the preliminary school psychologist certificate.

(7) The superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule for one 3-year period if the individual holds a valid outof-state school psychologist certificate. The requirements of subrule (6) of this rule do not apply to renewal under this subrule.

History

History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.205 Preliminary school psychologist certificate; applicant trained in out-ofstate approved school psychologist preparation program {#sec-r-380.205 omnilex-key=us-mi-regs-official--dept-education--R 380.205}

Rule 5. (1) Subject to R 380.206(3) and (4), an individual trained in an out-of-state approved school psychologist preparation program who seeks school psychologist certification in this state shall first apply for a Michigan preliminary school psychologist certificate under this rule.

(2) An applicant for a preliminary school psychologist certificate trained in an out-of-state approved school psychologist preparation program shall satisfy both of the following requirements:

(a) Complete the requirements of R 380.204(1)(a) and (b).

(b) Hold a valid out-of-state school psychologist certificate.

(3) The department may accept credits presented for certification from an out-of-state institution.

(4) An applicant for a preliminary school psychologist certificate under this rule shall apply directly to the department.

(5) An individual employed under a preliminary school psychologist certificate issued under this rule shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist.

(6) A holder of a preliminary school psychologist certificate issued under this rule and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate.

(7) A preliminary school psychologist certificate issued under this rule expires 3 years from June 30 of the calendar year of issuance.

(8) Subject to subrule (9) of this rule, the superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule for one 3-year period upon the holder’s completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours must be after issuance of the preliminary school psychologist certificate.

(9) The superintendent of public instruction may renew a preliminary school psychologist certificate issued under this rule and held by an individual who holds a valid out-of-state school psychologist certificate for one 3-year period. The requirements of subrule (8) of this rule do not apply to renewal under this subrule.

History

History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.206 School psychologist certificate {#sec-r-380.206 omnilex-key=us-mi-regs-official--dept-education--R 380.206}

Rule 6. (1) Subject to subrules (3) and (4) of this rule, an applicant for a school psychologist certificate shall meet all of the following requirements:

(a) Hold a Michigan preliminary school psychologist certificate.

(b) Possess a specialist-level degree or its equivalent in school psychology with a minimum of 60 semester credit hours in school psychology from an institution with an approved school psychologist preparation program.

(c) Complete not less than a 1,200-clock-hour internship with students in an approved school psychologist preparation program, a minimum of 600 clock hours of which must be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. Supervision must be for a minimum of 2 hours per week.

(2) Subject to subrules (3) and (4) of this rule, a Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a school psychologist certificate. The institution shall not make the recommendation to issue a school psychologist certificate until the applicant has completed the requirements of this rule and applied for certification. The superintendent of public instruction may issue a certificate based on the recommendation of the institution.

(3) Upon application, the superintendent of public instruction may issue a school psychologist certificate to an individual who holds a valid out-of-state school psychologist certificate and has satisfied the requirements of subrule (1)(b) of this rule in an out-of-state approved school psychologist preparation program and the requirements of subrule (1)(c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule.

(4) Upon application, the superintendent of public instruction may issue a school psychologist certificate to an individual who is a nationally certified school psychologist and has satisfied the requirements of subrule (1)(b) and (c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule.

(5) A school psychologist certificate expires 5 years from June 30 of the calendar year of issuance.

(6) A holder of a school psychologist certificate and an employer shall be familiar with the specific requirements of the school psychologist certificate.

(7) The superintendent of public instruction may renew a school psychologist certificate every 5 years upon application to the department and completion, since the issuance of the most recent school psychologist certificate or renewal, of any combination of educationrelated professional learning hours, as defined in R 380.201, totaling 150 hours.

(8) Holding a valid Michigan professional teaching certificate or valid national certification as a school psychologist at the time of the renewal application satisfies the professional learning requirement of subrule (7) of this rule.

(9) An individual who holds an expired Michigan school psychologist certificate and a valid out-of-state school psychologist certificate is eligible, upon application to the department, for a 1-time 5-year renewal of the Michigan school psychologist certificate.

The requirements of subrule (7) of this rule do not apply to a 1-time renewal under this subrule.

History

History: 1992 AACS; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 380.206a Rescinded {#sec-r-380.206a omnilex-key=us-mi-regs-official--dept-education--R 380.206a}

History

History: 2006 AACS; 2017 AACS.

Mich. Admin. Code R 380.207 Initial program approval {#sec-r-380.207 omnilex-key=us-mi-regs-official--dept-education--R 380.207}

Rule 7. (1) The state board shall approve standards for reviewing school psychologist preparation programs.

(2) The superintendent of public instruction shall approve school psychologist preparation programs in accordance with the state board approved standards.

(3) Continued approval of a school psychologist preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process.

History

History: 1992 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.208 School psychologist competencies {#sec-r-380.208 omnilex-key=us-mi-regs-official--dept-education--R 380.208}

Rule 8. An individual applying for a school psychologist certificate shall demonstrate competencies defined by standards created by Michigan stakeholders and approved by the state board.

History

History: 1992 AACS; 2006 AACS; 2017 AACS.

Mich. Admin. Code R 380.209 Rescinded {#sec-r-380.209 omnilex-key=us-mi-regs-official--dept-education--R 380.209}

History

History: 1992 AACS; 2017 AACS.

Mich. Admin. Code R 380.210 Rescinded {#sec-r-380.210 omnilex-key=us-mi-regs-official--dept-education--R 380.210}

History

History: 1992 AACS; 2017 AACS.

Mich. Admin. Code R 380.211 Denial, suspension, or revocation of preliminary school psychologist certificate or school psychologist certificate {#sec-r-380.211 omnilex-key=us-mi-regs-official--dept-education--R 380.211}

Rule 11. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a preliminary school psychologist certificate or a school psychologist certificate for the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a preliminary school psychologist certificate or a school psychologist certificate.

(b) Conviction of a crime described in section 1539b of the revised school code, 1976 PA 451, MCL 380.1539b.

(2) The superintendent of public instruction may refuse to grant or refuse to renew a preliminary school psychologist certificate or a school psychologist certificate for failure of the applicant to meet the requirements for the certificate. After notice and an opportunity for a hearing, which the holder shall request within 15 business days after receipt of the notice, the superintendent of public instruction may rescind, suspend, or revoke a preliminary school psychologist certificate or a school psychologist certificate for failure of the holder to meet the requirements for the certificate. If the holder does not timely request a hearing, the superintendent of public instruction shall rescind, suspend, or revoke the preliminary school psychologist certificate or school psychologist certificate.

History

History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.212 Investigation {#sec-r-380.212 omnilex-key=us-mi-regs-official--dept-education--R 380.212}

Rule 12. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to preliminary school psychologist certificates or school psychologist certificates. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a preliminary school psychologist certificate or a school psychologist certificate, the designee of the superintendent of public instruction shall initiate an investigation of that information.

History

History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 380.213 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing {#sec-r-380.213 omnilex-key=us-mi-regs-official--dept-education--R 380.213}

Rule 13. Subject to summary suspension under section 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1539b, all of the following apply to action taken under R 380.211(1)(a) or (b):

(a) Not more than 7 calendar days after receiving notice that the criminal history of the applicant for or the holder of a preliminary school psychologist certificate or a school psychologist certificate includes conviction of a crime described in section 1539b of the revised school code, 1976 PA 451, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) Upon receipt of notice of a basis for action under R 380.211(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant for or the holder of the preliminary school psychologist certificate or the school psychologist certificate in writing of all of the following:

(i) Because of the conviction or because of the identified reason under R 380.211(1)(a), the superintendent of public instruction may deny, suspend, or revoke the preliminary school psychologist certificate or the school psychologist certificate.

(ii) The applicant or the holder has the right to a hearing.

(iii) If the applicant or the holder does not request a hearing within 15 business days after receipt of notice of the right to a hearing, the superintendent of public instruction will deny or suspend the preliminary school psychologist certificate or the school psychologist certificate.

(iv) If the applicant or the holder requests a hearing within 15 business days after receipt of the notice, there will be an informal conference to show compliance.

(d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant for or the holder of a preliminary school psychologist certificate or a school psychologist certificate shall request a hearing. If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed preliminary school psychologist certificate or school psychologist certificate or shall suspend the preliminary school psychologist certificate or the school psychologist certificate.

(e) If the applicant for or the holder of a preliminary school psychologist certificate or school psychologist certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance is a telephone conference with an authorized representative of the superintendent of public instruction.

(f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent's designee may recommend referral of the matter to the Michigan office of administrative hearings and rules for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement.

(g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan office of administrative hearings and rules for hearing.

History

History: 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 380.214 Action by superintendent of public instruction on proposal for decision {#sec-r-380.214 omnilex-key=us-mi-regs-official--dept-education--R 380.214}

Rule 14. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings.

History

History: 2017 AACS; 2020 AACS.

R 388.151 to R 388.155 Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils

Mich. Admin. Code R 388.151 Applicability of rules {#sec-r-388.151 omnilex-key=us-mi-regs-official--dept-education--R 388.151}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

POSTSECONDARY DUAL ENROLLMENT CRITERIA FOR FIFTH-YEAR

HIGH SCHOOL PUPILS

(By the authority conferred on the superintendent of public instruction by sections 513 and 522 of 1996 PA 160, MCL 388.513 and MCL 388.522, and sections 1903 and 1912 of 2000 PA 258, MCL 388.1903 and MCL 388.1912)

Rule 1. These rules establish criteria and procedures under which a fifth-year high school pupil may be eligible for enrollment in courses under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913.

History

History: 2007 AACS; 2015 AACS.

Mich. Admin. Code R 388.152 Definitions {#sec-r-388.152 omnilex-key=us-mi-regs-official--dept-education--R 388.152}

Rule 2. As used in these rules:

(a) "Acts" means the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913.

(b) “Early/middle college” means a public high school designed to allow a pupil to earn both a high school diploma and at least 1 of the following:

(i) An associate degree.

(ii) An industry-recognized technical certification.

(iii) Up to 60 transferable college credits.

(iv) The right to participate in a registered apprenticeship.

(c) "Fifth-year high school pupil" means a pupil who is enrolled in high school for more than 4 years but not more than 5 years as defined by MCL 388.513(2) or MCL 388.1903(2).

History

History: 2007 AACS; 2015 AACS.

Mich. Admin. Code R 388.153 Eligible fifth-year high school pupils {#sec-r-388.153 omnilex-key=us-mi-regs-official--dept-education--R 388.153}

Rule 3. (1) Subject to subrule (2) of this rule, a fifth-year high school pupil enrolled and in attendance at a school district, intermediate school district, public school academy, or state-approved nonpublic school, including a pupil enrolled and in attendance in an alternative education program operated by a school district, intermediate school, public school academy, or state-approved nonpublic school, may enroll in postsecondary dual enrollment courses under the acts if all of the following requirements are satisfied:

(a) The pupil has not met all of the requirements to be eligible to receive a high school diploma.

(b) The pupil is enrolled in not more than 2 postsecondary dual enrollment courses at 1 time and not more than a total of 4 postsecondary dual enrollment courses during the school year.

(d) The pupil has at least 1 parent or legal guardian who is a resident of this state.

(e) The pupil does not enroll in and receive tuition and fee support for more than 10 courses overall under the acts, including the courses taken when the pupil is a fifth-year high school pupil. This requirement does not apply if there is a written agreement between the pupil’s school district, intermediate school district, public school academy, or stateapproved nonpublic school and the eligible postsecondary institution to waive this limit.

(2) A fifth-year high school pupil enrolled and in attendance at an early/middle college may enroll in postsecondary dual enrollment courses under the acts if the pupil has not met all of the requirements to be eligible to receive a high school diploma.

History

History: 2007 AACS; 2015 AACS.

Mich. Admin. Code R 388.154 Procedures {#sec-r-388.154 omnilex-key=us-mi-regs-official--dept-education--R 388.154}

Rule 4. To be eligible for postsecondary dual enrollment under these rules, a pupil shall have a plan on file at the school district, intermediate school district, public school academy, or state-approved nonpublic school to complete graduation requirements within the academic year, including postsecondary dual enrollment options. The plan shall be signed by the principal or designee, the parent or legal guardian, and the pupil. If the pupil is at least 18 years of age or is an emancipated minor, the pupil may act on his or her own behalf under this rule.

History

History: 2007 AACS; 2015 AACS.

Mich. Admin. Code R 388.155 Compliance; college level and career preparation course support in pupil’s best interests {#sec-r-388.155 omnilex-key=us-mi-regs-official--dept-education--R 388.155}

Rule 5. (1) Unless these rules provide otherwise for fifth-year high school pupils, the school district, intermediate school district, public school academy, or state-approved nonpublic school and the eligible postsecondary institution shall comply with all requirements in the acts.

(2) The acts and these rules do not prohibit a school district, intermediate school district, public school academy, or state-approved nonpublic school from supporting any pupil regardless of eligibility under the acts and these rules. A school district, intermediate school district, public school academy, or state-approved nonpublic school may elect to support college level courses or career preparation courses for any pupil if it is in the best interests of the pupil.

History

History: 2007 AACS; 2015 AACS.

R 388.271 to R 388.275 Critical Health Problems Education Program

Mich. Admin. Code R 388.271 Definitions {#sec-r-388.271 omnilex-key=us-mi-regs-official--dept-education--R 388.271}

DEPARTMENT OF EDUCATION

CRITICAL HEALTH PROBLEMS EDUCATION PROGRAM

(By authority conferred on the department of education by section 5 of 1969 PA 226, MCL 388.385)

Rule 1. As used in these rules:

(a) “Act” means the critical health problems education act, 1969 PA 226, MCL 388.381 to MCL 388.385.

(b) “Coordinated school health” includes, but is not limited to, all of the following:

(i) Health education.

(ii) Physical education.

(iii) Nutrition services.

(iv) Social emotional health.

(v) Health services.

(vi) Healthy school environment.

(vii) Parent and community engagement.

(viii) Health promotion for staff.

(c) “In-service programs” means systematically organized activities designed to improve the knowledge, attitudes, and professional competencies of teachers.

(d) “Leadership” means the effects of persuading or influencing individuals and groups to pursue a course of action.

(e) “Pre-service programs” means educational experiences designed to prepare an individual to become a teacher.

(f) “School district” means “district” as defined under section 3 of 1979 PA 94, MCL 388.1603.

History

History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 388.272 Rescinded {#sec-r-388.272 omnilex-key=us-mi-regs-official--dept-education--R 388.272}

History

History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 388.273 Duties of department {#sec-r-388.273 omnilex-key=us-mi-regs-official--dept-education--R 388.273}

Rule 3. The department shall develop policies to be approved by the state board of education, with research-based statements, guidance, and resources on coordinated school health for school districts that includes, but are not limited to, all of the following:

(a) Assist school districts in the planning, organization, administration and evaluation of their coordinated school health initiatives.

(b) Provide leadership to institutions of higher education in their development of preservice and in-service programs to prepare teachers in health education, physical education, and coordinated school health.

(c) Cooperate with universities to develop a method of evaluation of such programs to prepare teachers in health education, physical education, and coordinated school health.

(d) Plan and direct statewide and regionally-centered in-service educational programs for teachers of health education and physical education.

History

History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 388.274 Rescinded {#sec-r-388.274 omnilex-key=us-mi-regs-official--dept-education--R 388.274}

History

History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 388.275 Rescinded {#sec-r-388.275 omnilex-key=us-mi-regs-official--dept-education--R 388.275}

History

History: 1979 AC; 2012 AACS.

R 388.371 to R 388.389 State Aid for Transportation of Schoolchildren

Mich. Admin. Code R 388.371 Definitions {#sec-r-388.371 omnilex-key=us-mi-regs-official--dept-education--R 388.371}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

STATE AID FOR TRANSPORTATION OF SCHOOL CHILDREN

(By authority conferred on the superintendent of public instruction by sections 1701 and 1703 of 1976 PA 451, MCL 380.1701 and MCL 380.1703; sections 9 and 69 of 1990 PA 187, MCL 257.1809 and MCL 257.1869; and Executive Reorganization Order Nos. 1996- 6 and 1996-7, MCL 388.993 and MCL 388.994)

Rule 1. As used in these rules:

(a) "Act" means the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to MCL 388.1897l.

(b) “Center” means the center for educational performance and information as defined in the act.

(d) “Eligible pupil” means a pupil enrolled in the intermediate school district, local school district, or public school academy.

(e) “Eligible vehicle” means a type I school bus, a type I premium school bus, a type II school bus, or, if the department grants a waiver requested by the intermediate school district, local school district, or public school academy, a sedan, a station wagon, or a passenger van.

(f) "Specialized transportation services" means transportation services provided in vehicles for the exclusive use of special education pupils.

(g) “Type I premium school bus” means a school bus with a gross vehicle weight rating of more than 10,000 pounds and a capacity of more than 66 passengers.

(h) “Type I school bus” means a school bus with a gross vehicle weight rating of more than 10,000 pounds that is not a type I premium school bus.

(i) “Type II school bus” means a school bus with a gross vehicle weight rating of 10,000 pounds or less.

History

History: 1987 AACS; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 388.372 Rescinded {#sec-r-388.372 omnilex-key=us-mi-regs-official--dept-education--R 388.372}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.373 Rescinded {#sec-r-388.373 omnilex-key=us-mi-regs-official--dept-education--R 388.373}

History

History: 1987 AACS; 1995 AACS.

Mich. Admin. Code R 388.374 Reporting requirements for specialized transportation services {#sec-r-388.374 omnilex-key=us-mi-regs-official--dept-education--R 388.374}

Rule 4. (1) For each day during the first full school week in which an intermediate school district, local school district, or public school academy counts pupils in membership under section 6 of the act, MCL 388.1606, for each vehicle exclusively providing special education pupil transportation for which the intermediate school district, local school district, or public school academy requests funding, the intermediate school district, local school district, or public school academy shall collect all of the following information on the specialized transportation log known as “SE-4159-SL”:

(a) The fleet number and route number of the vehicle.

(b) The miles the vehicle travels each day transporting special education pupils to schools, starting at the bus storage area or beginning of the route and ending at the school building where the pupils exit or other storage area.

(d) The name of the aide, if any, serving on the special education vehicle.

(2) The intermediate school district, local school district, or public school academy shall retain the forms for 3 years.

History

History: 1987 AACS; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 388.375 Rescinded {#sec-r-388.375 omnilex-key=us-mi-regs-official--dept-education--R 388.375}

History

History: 1987 AACS; 1995 AACS.

Mich. Admin. Code R 388.376 Rescinded {#sec-r-388.376 omnilex-key=us-mi-regs-official--dept-education--R 388.376}

History

History: 1987 AACS; 1995 AACS.

Mich. Admin. Code R 388.377 Rescinded {#sec-r-388.377 omnilex-key=us-mi-regs-official--dept-education--R 388.377}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.378 Reporting costs {#sec-r-388.378 omnilex-key=us-mi-regs-official--dept-education--R 388.378}

Rule 8. By October 7 of each year, an intermediate school district, local school district, or public school academy shall file with the center the transportation expenditure report known as “SE-4094” in the manner prescribed by the center.

History

History: 1987 AACS; 2018 AACS.

Mich. Admin. Code R 388.379 Reports of purchase of school buses {#sec-r-388.379 omnilex-key=us-mi-regs-official--dept-education--R 388.379}

Rule 9. (1) Subject to subrule (2) of this rule, an intermediate school district, local school district, and public school academy shall report all of the following information as to a purchased school transportation vehicle on the school bus inventory system known as “SE- 4107”:

(a) The date the completed vehicle was accepted for use.

(b) The name of the chassis manufacturer.

(d) The manufacturer's rated capacity of the vehicle.

(e) The engine number.

(f) The bus fleet number.

(g) The cost to the intermediate school district, local school district, or public school academy, including the interest to be paid.

(h) Use by the intermediate school district, local school district, or public school academy as a regular vehicle, as a special education vehicle, or as a combination of the two.

(2) An intermediate school district, local school district, or public school academy shall not include a sedan, a station wagon, or a passenger van on “SE-4107.”

History

History: 1987 AACS; 2018 AACS.

Mich. Admin. Code R 388.380 Amortization allowances {#sec-r-388.380 omnilex-key=us-mi-regs-official--dept-education--R 388.380}

Rule 10. (1) For each eligible vehicle used to transport eligible pupils, an intermediate school district, local school district, or public school academy shall determine and include in its state aid base additional allowances for vehicle rental and amortization. The allowances must not include more vehicles than the number determined to be necessary, plus the allowable number of spare vehicles.

(2) An intermediate school district, local school district, or public school academy shall determine the annual amortization allowance as follows:

(a) For a type I school bus, divide the amortization cost base by 7. An intermediate school district, local school district, or public school academy shall include this annual allowance each year it uses the bus to transport eligible pupils for a maximum of 7 years.

(b) For a type I premium school bus, divide the amortization cost base by 10. An intermediate school district, local school district, or public school academy shall include this annual allowance each year it uses the bus to transport eligible pupils for a maximum of 10 years.

(c) For a type II school bus, a sedan, a station wagon, or a passenger van, divide the amortization cost base by 5. An intermediate school district, local school district, or public school academy shall include this annual allowance each year it uses the bus or vehicle to transport eligible pupils for a maximum of 5 years.

(d) For a rehabilitated school bus that has been rebuilt by an agency approved by the department, divide the amortization cost base by 5.

(3) Upon approval by the department, for a school bus or pupil transportation vehicle that an intermediate school district, local school district, or public school academy expects to exceed 100,000 miles within the first 4 years of operation, the intermediate school district, local school district, or public school academy may substitute an optional 4-year amortization schedule as an alternative to subrule (2)(a), (b), and (c) of this rule. An intermediate school district, local school district, or public school academy shall declare this option the first reporting period after purchase.

(4) The amortization cost base for each vehicle is as follows:

(a) For school buses and other transportation vehicles that an intermediate school district, local school district, or public school academy purchases new and uses to transport pupils, the amortization cost base is the purchase price of the vehicle and attached equipment, including interest, adjusted by any gain or loss on buses or other vehicles traded in or sold.

(b) For a school bus that has been rebuilt, the amortization cost base is 50% of the annual amortization allowances that would remain if the bus were continued in use without rebuilding, plus the rebuilding charges.

(c) For a used bus purchased by an intermediate school district, local school district, or public school academy, the amortization cost base is the original invoice cost for the bus and attached equipment, plus any interest that the purchasing intermediate school district, local school district, or public school academy is to pay, adjusted by any gain or loss on a bus or buses traded in or sold. If the purchasing intermediate school district, local school district, or public school academy cannot determine the original invoice cost, the department may provide a substitute invoice cost based on costs of comparable vehicles manufactured during the same year.

(d) If an intermediate school district, local school district, or public school academy sells a bus before fully amortizing it, the maximum gain that the intermediate school district, local school district, or public school academy shall deduct from the purchase price of another vehicle is the total annual amortization allowances granted to the intermediate school district, local school district, or public school academy.

(5) If a type I school bus or a type II school bus that was purchased new by an intermediate school district, local school district, or public school academy shows evidence of a probable need for repairs that is beyond good economic practice, the intermediate school district, local school district, or public school academy may remove the bus from service subject to the approval of the department. When an intermediate school district, local school district, or public school academy removes a school bus from service, it may maintain the bus on its inventory and receive annual allowances for amortization the same as if it continued to use the bus. An intermediate school district, local school district, or public school academy shall not include a bus removed from service in the determination of any other allowance.

The intermediate school district, local school district, or public school academy may sell the bus but no Michigan intermediate school district, local school district, or public school academy shall use it for pupil transportation. The intermediate school district, local school district, or public school academy shall have used the bus to transport eligible pupils for not less than 4 years and the bus must have traveled not less than 150,000 miles. The intermediate school district, local school district, or public school academy shall make available to the department evidence documenting acceptable regular preventive maintenance procedures and repair history throughout the life of the vehicle.

History

History: 1987 AACS; 2018 AACS.

Mich. Admin. Code R 388.381 Allowance for private contractors or common carriers {#sec-r-388.381 omnilex-key=us-mi-regs-official--dept-education--R 388.381}

Rule 11. (1) An intermediate school district, local school district, or public school academy providing transportation to and from school by employing private contractors or common carriers and requesting funding for the transportation shall provide the information requested in R 388.374 and R 388.379.

(2) The department shall determine the allocation for amortization under this rule.

History

History: 1987 AACS; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 388.382 Rescinded {#sec-r-388.382 omnilex-key=us-mi-regs-official--dept-education--R 388.382}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.383 Rescinded {#sec-r-388.383 omnilex-key=us-mi-regs-official--dept-education--R 388.383}

History

History: 1987 AACS; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 388.384 Rescinded {#sec-r-388.384 omnilex-key=us-mi-regs-official--dept-education--R 388.384}

History

History: 1987 AACS; 2018 AACS.

Mich. Admin. Code R 388.385 Rescinded {#sec-r-388.385 omnilex-key=us-mi-regs-official--dept-education--R 388.385}

History

History: 1987 AACS; 1995 AACS.

Mich. Admin. Code R 388.386 Rescinded {#sec-r-388.386 omnilex-key=us-mi-regs-official--dept-education--R 388.386}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.387 Rescinded {#sec-r-388.387 omnilex-key=us-mi-regs-official--dept-education--R 388.387}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.388 Rescinded {#sec-r-388.388 omnilex-key=us-mi-regs-official--dept-education--R 388.388}

History

History: 1987 AACS; 2012 AACS.

Mich. Admin. Code R 388.389 Rescinded {#sec-r-388.389 omnilex-key=us-mi-regs-official--dept-education--R 388.389}

History

History: 1987 AACS; 1995 AACS.

R 390.661 to R 390.661 Teachers' Tenure

Mich. Admin. Code R 390.661 Definition of “certificated” under teachers' tenure act {#sec-r-390.661 omnilex-key=us-mi-regs-official--dept-education--R 390.661}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

TEACHERS' TENURE ACT DEFINITION OF CERTIFICATED

(By authority conferred on the superintendent of public instruction by section 2 of article I of 1937 (Ex. Sess.) PA 4, MCL 38.72, and Executive Reorganization Order No. 1996-7, MCL 388.994)

Rule 1. (1) For the purposes of serving the probationary period under article II of 1937 (Ex. Sess.) PA 4, MCL 38.81 to 38.84, "certificated" means 1 or more of the following:

(a) Holding a Michigan teaching certificate, as that term is defined in R 390.1101, that is valid for the position to which the teacher is assigned.

(b) Being employed in a school counselor position and holding a Michigan teaching certificate, as that term is defined in R 390.1101, with a school counselor endorsement.

(c) Being a teacher of students with speech and language impairment who provides speech and language services and holds a Michigan teaching certificate, as that term is defined in R 390.1101, with an endorsement in speech and language impairment.

(2) For the purposes of continuing tenure under article III of 1937 (Ex. Sess.) PA 4, MCL 38.91 to 38.93, "certificated" means holding a Michigan teaching certificate, as that term is defined in R 390.1101.

History

History: 1979 AC; 1990 AACS; 2005 AACS; 2007 AACS; 2024 AACS.

R 390.1101 to R 390.1216 Teacher Certification Code

Mich. Admin. Code R 390.1101 Definitions {#sec-r-390.1101 omnilex-key=us-mi-regs-official--dept-education--R 390.1101}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

TEACHER CERTIFICATION CODE

(By authority conferred on the superintendent of public instruction by sections 1157, 1531, 1531i, 1531k, 1535a, and 1539b of the revised school code, 1976 PA 451, MCL 380.1157, 380.1531, 380.1531i, 380.1531k, 380.1535a, and 380.1539b, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and 388.994)

PART 1. GENERAL PROVISIONS

Rule 1. As used in this code:

(a) “Accredited” means accredited by an accreditation agency recognized by the Council for Higher Education Accreditation or by the United States Department of Education.

(b) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

(c) “Alternative route program provider” means an entity approved by the superintendent of public instruction to provide teacher certification alternative route programs under section 1531i of the act, MCL 380.1531i.

(d) “Appropriate placement” means placement within a grade level and discipline area as determined appropriate by the superintendent of public instruction.

(e) “Clinical experience” means structured, supervised activity in an instructional setting in which a teacher certification candidate may gain experience in the practice of teaching, as determined by the superintendent of public instruction.

(f) “Course of study” means a cohesive, standards-based planned program that provides knowledge and skill for specialization in a discipline area or areas and supports the practice of teaching or the professional career development of the teacher.

(g) “CTE” means career and technical education.

(h) “CTE classification of instructional programs (CIP) code” means the code of a career development area or a CTE program under the taxonomy published by the National Center for Education Statistics, or its successor agency, of the United States Department of Education.

(i) “Department” means the department of education unless otherwise indicated.

(j) “Discipline area” means a content area, a subject area, or an education field, including a CTE classification of instructional programs (CIP) code, for which endorsement is available.

(k) “Education-related professional learning” means an educational opportunity that improves a teacher’s practice and capacity to perform the work within the profession of education, including time spent engaging with local employers or technical centers, that is 1 or more of the following:

(i) Satisfactory college semester credit hours at an accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours.

(ii) State continuing education clock hours.

(iii) Michigan annual district provided professional development hours.

(iv) Valid certification by the National Board for Professional Teaching Standards (NBPTS) or its successor agency, with valid NBPTS certification being equivalent to 150 education-related professional learning hours.

(l) “Educator preparation institution” means a baccalaureate degree-, or higher, granting institution that is approved to recommend applicants for certificates and endorsements under this code.

(m) “Educator preparation provider” means an educator preparation institution or an alternative route program provider.

(n) “Elementary level endorsement” means an endorsement to teach a specified discipline area in a specified grade band from birth to grade 6.

(o) “Endorsement” means a discipline area that a teacher may teach, as specified on a certificate, in the specific grade band, if any, specified on the certificate, based on completion of an appropriate program and passing the appropriate available examination as required by section 1531 of the act, MCL 380.1531.

(p) “Listed offense” means that term as defined in section 1535a of the act, MCL 380.1535a.

(q) “Michigan annual district provided professional development” means Michigan annual district provided professional development as required by sections 1526 and 1527 of the act, MCL 380.1526 and 380.1527.

(r) “Michigan teaching certificate” means any of the following:

(i) An interim teaching certificate.

(ii) A standard teaching certificate.

(iii) A professional teaching certificate.

(iv) An advanced professional teaching certificate.

(v) A standard CTE certificate, formerly the temporary vocational authorization and the interim occupational certificate. (No longer issued.)

(vi) A professional CTE certificate, formerly the occupational education certificate. (No longer issued.)

(vii) A temporary teaching certificate.

(viii) A continuing certificate. (No longer issued.)

(ix) A life certificate. (No longer issued.)

(x) A permanent certificate. (No longer issued.)

(xi) A temporary or full vocational authorization. (No longer issued.)

(xii) An initial certificate entitled “provisional certificate.” (No longer issued.)

(xiii) A certificate entitled “interim occupational certificate.” (No longer issued.)

(s) “Nonpublic school” means a private, denominational, or parochial school.

(t) “Out-of-state” means of a political subdivision of the United States, other than this state, of a federally recognized Native American tribe, or of a foreign country or a political subdivision of a foreign country.

(u) “PK-12 level endorsement” means an endorsement to teach a specified discipline area in the grade band of prekindergarten to grade 12.

(v) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent.

(w) “School district” means a local school district established under the act, an intermediate school district established under part 7 of the act, MCL 380.601 to 380.705, a public school academy established under part 6a of the act, MCL 380.501 to 380.507, an urban high school academy established under part 6c of the act, MCL 380.521 to 380.529, a school of excellence established under part 6e of the act, MCL 380.551 to 380.561, and a strict discipline academy established under sections 1311b to 1311m of the act, MCL 380.1311b to 380.1311m.

(x) “Secondary level endorsement” means an endorsement to teach a specified discipline area in a specified grade band from grade 5 to grade 12.

(y) “Standard teaching certificate” means the provisional certificate that the superintendent of public instruction issues to an individual who holds at least a bachelor’s degree, has completed a state approved educator preparation program, and has met all requirements set forth in this code and the act.

(z) “State board” means the Michigan state board of education.

(aa) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

(bb) “Valid” means within the time period of the credential and not suspended, revoked, rescinded, or nullified.

History

History: 1979 AC; 1981 AACS; 1986 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1103 Successful teaching {#sec-r-390.1103 omnilex-key=us-mi-regs-official--dept-education--R 390.1103}

Rule 3. (1) Successful teaching is teaching for 1 or more employers in an appropriate placement or appropriate placements with instructional responsibilities while holding a valid standard level teaching certificate.

(2) For purposes of determining successful teaching, 1 year of employment is a minimum of 150 instructional days and may be either an academic or a calendar year, but an individual may not earn more than 1 year of employment during an academic or a calendar year. An individual may accumulate 1 year of employment over a period of years.

(3) For purposes of determining successful teaching, an instructional day is 6 or more hours during which teachers provide instruction to or have contact with students. A combination of 2 partial instructional days of not less than 3 hours equals 1 day.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1105 Credential requirements {#sec-r-390.1105 omnilex-key=us-mi-regs-official--dept-education--R 390.1105}

Rule 5. (1) Unless otherwise provided in the act, a school district or nonpublic school shall not assign an individual as a teacher in any of grades K to 12 unless both of the following are satisfied:

(a) One of the following:

(i) The individual holds a valid teaching certificate.

(ii) The school district or nonpublic school holds a valid permit allowing the individual’s placement.

(iii) The school district or nonpublic school holds a valid authorization allowing the individual’s placement.

(b) The assignment is an appropriate placement.

(2) A teacher of a program reimbursed from CTE funds shall meet the minimum qualifications for endorsement or authorization in the particular occupational education field as the superintendent of public instruction specifies.

(3) A teacher in a reimbursed program in special education shall meet the minimum qualifications for certification, endorsements, or approvals when law requires in the particular special education field, as the superintendent of public instruction specifies.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1111 Fair opportunity {#sec-r-390.1111 omnilex-key=us-mi-regs-official--dept-education--R 390.1111}

Rule 11. All students in educational programs at any level and irrespective of their English language proficiency shall have fair access to opportunities to maximize their full development in a democratic society. Each educator preparation provider in this state shall provide prospective teachers access to theoretical knowledge and practical experiences supporting the vision and principles for universal education and for the appreciation, care, and respect needed to ensure fair opportunities regardless of the prospective educator’s individual identities, including identities based on ethnicity, religion, national origin, age, gender identity, sexual orientation, marital status, and visible or invisible disability status.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1115 Examination scores {#sec-r-390.1115 omnilex-key=us-mi-regs-official--dept-education--R 390.1115}

Rule 15. For the purpose of initial certification or endorsement, passing scores on the examinations as required by section 1531 of the act, MCL 380.1531, are valid for 5 years after the date of testing.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1117 Certificate issuance, restrictions, and expiration {#sec-r-390.1117 omnilex-key=us-mi-regs-official--dept-education--R 390.1117}

Rule 17. (1) A Michigan teaching certificate has certain restrictions as to appropriate placement. The applicant or holder and the employer shall be familiar with these restrictions.

(2) Subject to subrules (3) and (4) of this rule, a Michigan teaching certificate expires 5 years after June 30 of the calendar year of issuance.

(3) A temporary teaching certificate expires 1 year after the date of issuance.

(4) Continuing, life, and permanent certificates and full vocational authorizations do not expire.

(5) The superintendent of public instruction shall not issue a Michigan teaching certificate until after payment of the applicable evaluation fee as required by section 1538 of the act, MCL 380.1538.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1118 Nullification of teaching certificate or endorsement {#sec-r-390.1118 omnilex-key=us-mi-regs-official--dept-education--R 390.1118}

Rule 18. The holder of a Michigan teaching certificate may request that the superintendent of public instruction nullify the teaching certificate or certificate endorsement or endorsements under section 1532 of the act, MCL 380.1532, by submitting a request to the department in the manner established by the department.

History

History: 1992 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1119 Members of the armed forces and uniformed services, veterans, and dependents {#sec-r-390.1119 omnilex-key=us-mi-regs-official--dept-education--R 390.1119}

Rule 19. (1) As used in this rule:

(b) “Dependent” means a spouse, surviving spouse, child who is less than 26 years of age, or surviving child who is less than 26 years of age.

(c) “Uniformed services” means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(d) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(3) The following individuals may file a request with the department for refund of an evaluation fee paid during the immediately preceding 1-year period under section 1538 of the act, MCL 380.1538, and for a voucher in the amount of the cost of an examination under section 1531 of the act, MCL 380.1531, to be presented at the time of registration for the examination:

(a) A member of the armed forces or uniformed services.

(b) A veteran.

(d) A dependent of a veteran.

PART 2. STANDARD TEACHING CERTIFICATE AND INTERIM TEACHING

CERTIFICATE

History

History: 2024 AACS.

Mich. Admin. Code R 390.1121 Rescinded {#sec-r-390.1121 omnilex-key=us-mi-regs-official--dept-education--R 390.1121}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1122 Rescinded {#sec-r-390.1122 omnilex-key=us-mi-regs-official--dept-education--R 390.1122}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1122a Interim teaching certificate {#sec-r-390.1122a omnilex-key=us-mi-regs-official--dept-education--R 390.1122a}

Rule 22a. (1) The superintendent of public instruction may issue an interim teaching certificate with an appropriate endorsement or endorsements to an applicant who pays the applicable evaluation fee and meets all of the requirements under section 1531i(2) of the act, MCL 380.1531i.

(2) Subject to subrule (3) of this rule, an interim teaching certificate expires 5 years after June 30 of the calendar year of issuance.

(3) An interim teaching certificate expires if the candidate exits the program before completion. The superintendent of public instruction may reinstate an interim teaching certificate that expired under this subrule on request by the alternative route program provider if the candidate returns to the same program. On reinstatement under this subrule, an interim teaching certificate is valid for the amount of time that was left in the validity period under subrule (2) of this rule at the time of expiration under this subrule.

(4) On request by an alternative route program provider, the superintendent of public instruction may issue an endorsement on a valid interim teaching certificate held by an individual who meets the requirements of section 1531i of the act, MCL 380.1531i, in the discipline area and grade range of the alternative additional endorsement program in which the individual is participating.

(5) The superintendent of public instruction may issue an interim teaching certificate to an applicant who holds a Michigan teaching certificate other than an interim teaching certificate and is seeking an additional endorsement through an alternative route program under section 1531i of the act, MCL 380.1531i. The individual may hold the Michigan teaching certificate and the interim teaching certificate at the same time.

(6) An interim teaching certificate is nonrenewable.

History

History: 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1123 Standard teaching certificate; preparation program requirements {#sec-r-390.1123 omnilex-key=us-mi-regs-official--dept-education--R 390.1123}

Rule 23. (1) Subject to R 390.1161, the superintendent of public instruction may issue a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received the recommendation of an educator preparation institution under R 390.1125 based on the applicant’s satisfactory completion of an approved program in educator preparation that includes all of the following:

(a) At least 20 semester credit hours of instruction in theoretical and practical knowledge reflecting state board approved standards and related proficiencies required of entry level teachers.

(b) Supervised directed teaching. All of the following apply:

(i) Supervised directed teaching must engage applicants in practical experiences that reflect and support the standards and related proficiencies for entry level teachers.

(ii) Supervised directed teaching must engage a candidate in a minimum of 300 hours of student contact as defined by the department.

(iii) Supervised directed teaching must be in the grade range for which the superintendent of public instruction is to issue an endorsement.

(iv) Based on regular observation by the employer and review by the educator preparation institution, the educator preparation institution may substitute 3 years of teaching in an appropriate placement for the supervised directed teaching required by this subdivision for a standard teaching certificate or endorsement. For purposes of this paragraph, R 390.1103(2) and (3) apply.

(c) An approved course of study in a certificate endorsement area that includes preparation in discipline area knowledge, pedagogy, and clinical experiences appropriate to the grade level the applicant proposes to teach. All of the following apply:

(i) The approved course of study must include early and ongoing structured clinical experiences with diverse student populations and in diverse instructional settings.

(ii) The superintendent of public instruction may issue a standard teaching certificate with an elementary level endorsement on satisfaction of both of the following:

(A) Completion of an approved course of study in base knowledge appropriate for elementary education, methods coursework, and appropriate clinical experiences.

(B) A minimum of 6 semester credit hours in the teaching of literacy with appropriate clinical experiences.

(iii) The superintendent of public instruction may issue a standard teaching certificate with a secondary or PK-12 level endorsement on satisfaction of both of the following:

(A) Completion of an approved course of study in a discipline area appropriate to the secondary grade level, methods coursework appropriate to that area, and appropriate clinical experiences.

(B) A minimum of 3 semester credit hours in literacy instruction appropriate to the discipline area and appropriate clinical experiences.

(2) Subject to R 390.1161, the superintendent of public instruction may issue a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received the recommendation of an alternative route program provider under R 390.1125 based on the applicant’s satisfactory completion of a program offered by the alternative route program provider that includes a minimum of 12 weeks of teaching appropriate to each endorsement recommended by the alternative route program provider.

History

History: 1979 AC; 1986 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1124 Rescinded {#sec-r-390.1124 omnilex-key=us-mi-regs-official--dept-education--R 390.1124}

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1125 Degree; recommendations; rules as minimum requirements {#sec-r-390.1125 omnilex-key=us-mi-regs-official--dept-education--R 390.1125}

Rule 25. (1) An applicant for a standard teaching certificate shall possess a bachelor's degree and have the recommendation of an educator preparation provider. A Michigan educator preparation institution may accept a degree from an accredited institution if the accepting Michigan educator preparation institution determines that the degree is equivalent to that awarded by that institution.

(2) An educator preparation provider that recommends candidates for teaching certificates shall establish selection criteria that ensure that it admits only qualified candidates to its approved educator preparation programs and recommends only qualified candidates for certification or additional certificate endorsements.

(3) An educator preparation provider shall not recommend candidates for certification or endorsement in discipline areas in which it does not have approved programs.

(4) An educator preparation provider shall make recommendations concerning all certificates for which the superintendent of public instruction approves the educator preparation provider. An educator preparation provider shall not make a recommendation concerning a certificate before satisfaction of both of the following:

(a) The applicant’s satisfactory completion of an approved program of the educator preparation provider.

(b) The applicant’s passing of appropriate available examinations as required by section 1531 of the act, MCL 380.1531.

(5) The requirements in these rules are minimum requirements. An educator preparation provider may have additional requirements that exceed the requirements of these rules.

(6) The superintendent of public instruction may determine the criteria for evaluating certification of candidates prepared by out-of-state providers in accordance with the law of this state, including R 390.1130.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1126 Rescinded {#sec-r-390.1126 omnilex-key=us-mi-regs-official--dept-education--R 390.1126}

History

History: 1979 AC; 1981 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1127 Rescinded {#sec-r-390.1127 omnilex-key=us-mi-regs-official--dept-education--R 390.1127}

History

History: 1979 AC; 1981 AACS; 1986 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1128 Rescinded {#sec-r-390.1128 omnilex-key=us-mi-regs-official--dept-education--R 390.1128}

History

History: 1979 AC; 1986 AACS; 2006 AACS; 2012 AACS.

Mich. Admin. Code R 390.1129 Additional endorsements {#sec-r-390.1129 omnilex-key=us-mi-regs-official--dept-education--R 390.1129}

Rule 29. (1) Subject to R 390.1161, the superintendent of public instruction may issue an additional endorsement on a valid or expired Michigan teaching certificate, except an interim teaching certificate, to an applicant who has paid the applicable evaluation fee if both of the following are satisfied:

(a) The department has received the recommendation of an educator preparation institution under R 390.1125 based on the applicant’s satisfactory completion of an approved additional endorsement program that included preparation in theoretical and practical knowledge, discipline area knowledge, pedagogy, and clinical experience, as defined in state board approved standards. If, for a particular additional endorsement program, state board approved standards do not specify pedagogy and clinical experience, the additional endorsement program must require pedagogy and clinical experience.

(b) The applicant passed the appropriate available examination as required by section 1531 of the act, MCL 380.1531.

(2) With the approval of a Michigan educator preparation institution, an individual who is already certified and who wishes to qualify for an additional endorsement may combine coursework to meet preparation standards in the discipline area with already earned semester credit hours to bring the total up to the minimum number of required credits as specified in this rule. When the candidate has completed the required credits and passed the appropriate available examinations as required by section 1531 of the act, MCL 380.1531, the educator preparation institution shall recommend the candidate for the additional endorsement.

(3) Subject to R 390.1161, the superintendent of public instruction may issue an additional endorsement on a Michigan teaching certificate, except an interim teaching certificate, to an applicant who has paid the applicable evaluation fee if both of the following are satisfied:

(a) The department has received the recommendation of an alternative route program provider based on the applicant’s satisfactory completion of a program offered by the alternative route program provider that included both of the following:

(i) Satisfaction of all requirements in section 1531i of the act, MCL 380.1531i.

(ii) A minimum of 12 weeks of teaching appropriate to each endorsement recommended by the alternative route program provider.

(b) The applicant passed the appropriate available examination as required by section 1531 of the act, MCL 380.1531.

History

History: 1979 AC; 1981 AACS; 1986 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1129a Rescinded {#sec-r-390.1129a omnilex-key=us-mi-regs-official--dept-education--R 390.1129a}

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1129b Renewal of standard teaching certificate; progression to professional; teaching certificate {#sec-r-390.1129b omnilex-key=us-mi-regs-official--dept-education--R 390.1129b}

Rule 29b. (1) Subject to subrules (4) and (5) of this rule and subject to section 1233(6) to (8) of the act, MCL 380.1233, if an applicant who holds a standard teaching certificate does not qualify for the professional teaching certificate, the superintendent of public instruction may issue to the applicant a 5-year renewal of the standard teaching certificate if the applicant has paid the applicable evaluation fee and the department has received documentation that, since the issue date of the most recent certificate, the applicant completed a combination of education-related professional learning hours totaling 150 hours.

(2) Additional hours beyond the 150 hours required under subrule (1) of this rule that a certificate holder earns during the time period of a certificate do not apply toward subsequent renewals.

(3) The superintendent of public instruction may issue additional 5-year renewals of a standard teaching certificate to an applicant under subrule (1) of this rule on or after January 1 of the year in which the certificate expires.

(4) Subject to section 1233(6) to (8) of the act, MCL 380.1233, the superintendent of public instruction may issue one 5-year renewal of a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation that the applicant earned at any time an education-related master’s or higher degree.

(5) Subject to section 1233(6) to (8) of the act, MCL 380.1233, the superintendent of public instruction may issue one 5-year renewal of a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation that the applicant holds a valid out-of-state teaching certificate.

(6) An individual who holds a valid or expired standard teaching certificate may progress to the professional teaching certificate at any time after satisfaction of the requirements of R 390.1133.

History

History: 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1130 Out-of-state teaching certificate and program; temporary teaching certificate {#sec-r-390.1130 omnilex-key=us-mi-regs-official--dept-education--R 390.1130}

Rule 30. (1) Subject to subrule (5) of this rule and R 390.1204, the superintendent of public instruction may issue a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:

(a) One of the following:

(i) An out-of-state certificating authority issued a standard level, or higher, teaching certificate to the applicant at any time based on satisfaction of requirements for certification the superintendent of public instruction considers equivalent to those in effect in this state.

(ii) The applicant satisfactorily completed an out-of-state program the requirements of which the superintendent of public instruction considers equivalent to those in effect in this state that lead to teacher certification.

(b) The applicant passed the appropriate available examinations as required by section 1531 of the act, MCL 380.1531.

(2) Subject to subrule (5) of this rule and R 390.1204, the superintendent of public instruction may issue a professional teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of all of the following:

(a) An out-of-state certificating authority issued a standard level, or higher, teaching certificate to the applicant at any time based on satisfaction of requirements for certification the superintendent of public instruction considers equivalent to those in effect in this state.

(b) The applicant satisfies the requirements of R 390.1123(1)(c)(ii)(B) or (iii)(B).

(3) Subject to subrule (5) of this rule, the superintendent of public instruction may issue an endorsement on a valid or expired Michigan teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:

(a) One of the following:

(i) The applicant holds a valid or expired out-of-state teaching certificate with the endorsement or its equivalent.

(ii) The applicant completed an out-of-state program with requirements the superintendent of public instruction considers equivalent to those in effect in this state that lead to the endorsement.

(b) The applicant passed appropriate available examinations as required by section 1531 of the act, MCL 380.1531.

(4) Subject to subrule (5) of this rule and R 390.1204, the superintendent of public instruction may issue a nonrenewable 1-year temporary teaching certificate to an applicant who has paid the applicable evaluation fee and satisfies the requirements of section 1531(13) of the act, MCL 380.1531.

(5) An application for a Michigan teaching certificate or endorsement based on a foreign teaching credential must include documentation of credential review by a current member in good standing of an international credential review association approved by the department.

(6) The superintendent of public instruction may enter into a written reciprocity agreement with an out-of-state certificating authority for the mutual acceptance of 1 or more types of teaching certificates.

PART 3. PROFESSIONAL TEACHING CERTIFICATE

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1131 Rescinded {#sec-r-390.1131 omnilex-key=us-mi-regs-official--dept-education--R 390.1131}

History

History: Rescinded 1954 ACS 74, Eff. Jan. 19, 1973.

Mich. Admin. Code R 390.1132 Rescinded {#sec-r-390.1132 omnilex-key=us-mi-regs-official--dept-education--R 390.1132}

History

History: 1979 AC; 1981 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1133 Professional teaching certificate {#sec-r-390.1133 omnilex-key=us-mi-regs-official--dept-education--R 390.1133}

Rule 33. (1) The superintendent of public instruction may issue a professional teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of all of the following:

(a) The applicant successfully completed 3 full years of classroom teaching as described in R 390.1103.

(b) The applicant completed the reading requirements of section 1531(3) of the act, MCL 380.1531.

(c) The applicant completed a minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with an elementary level endorsement or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with another endorsement. The applicant may have completed this course credit at any time before applying for the professional teaching certificate.

(d) Subject to section 1233(6) to (8) of the act, MCL 380.1233, since the issue date of the most recent standard teaching certificate, the applicant completed a combination of education-related professional learning hours totaling 150 hours.

(2) An individual who meets the requirements of this rule may apply for a professional teaching certificate at any time.

History

History: 1979 AC; 1981 AACS; 1989 AACS; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1134 Rescinded {#sec-r-390.1134 omnilex-key=us-mi-regs-official--dept-education--R 390.1134}

History

History: 1979 AC; 1986 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1135 Renewal of professional teaching certificate {#sec-r-390.1135 omnilex-key=us-mi-regs-official--dept-education--R 390.1135}

Rule 35. (1) Subject to subrule (3) of this rule and subject to section 1233(6) to (8) of the act, MCL 380.1233, the superintendent of public instruction may renew a professional teaching certificate that has expired or will expire within the calendar year of application if the applicant has paid the applicable evaluation fee and the department has received documentation that, since the issue date of the most recent teaching certificate, the applicant completed a combination of education-related professional learning hours totaling 150 hours.

(2) Additional hours beyond the 150 hours required under subrule (1) of this rule that a certificate holder earns during the time period of a certificate do not apply toward subsequent renewals.

(3) Subject to section 1233(6) to (8) of the act, MCL 380.1233, the superintendent of public instruction may issue one 5-year renewal of a valid or expired Michigan professional teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation that the applicant holds a valid out-of-state teaching certificate.

2024 AACS.

History

History: 1986 AACS; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS;

Mich. Admin. Code R 390.1136 Rescinded {#sec-r-390.1136 omnilex-key=us-mi-regs-official--dept-education--R 390.1136}

History

History: 1989 AACS; 2006 AACS.

Mich. Admin. Code R 390.1137 Advanced professional teaching certificate {#sec-r-390.1137 omnilex-key=us-mi-regs-official--dept-education--R 390.1137}

Rule 37. The superintendent of public instruction may issue an advanced professional teaching certificate at any time to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:

(a) The applicant holds a professional teaching certificate or a life, continuing, or permanent certificate.

(b) One of the following:

(i) The applicant holds valid certification by the National Board for Professional Teaching Standards or its successor agency.

(ii) The applicant completed a teacher leader training or preparation program approved by the superintendent of public instruction, with such completion being indicated on the certificate required in subdivision (a) of this rule.

(iii) The applicant completed a successful term as Michigan teacher of the year as determined by the superintendent of public instruction.

(iv) The applicant completed a specialist preparation program approved by the superintendent of public instruction, with such completion being indicated on the certificate required in subdivision (a) of this rule.

History

History: 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1138 Advanced professional teaching certificate; renewal {#sec-r-390.1138 omnilex-key=us-mi-regs-official--dept-education--R 390.1138}

Rule 38. (1) The superintendent of public instruction may renew an advanced professional teaching certificate that has expired or expires within the calendar year of renewal application if the applicant has paid the applicable evaluation fee and the department has received documentation that, since the issue date of the most recent advanced professional teaching certificate, subject to section 1233(6) to (8) of the act, MCL 380.1233, the applicant completed a combination of education-related professional learning hours totaling 150 hours.

(2) Additional hours beyond the 150 hours required under subrule (1) of this rule that a certificate holder earns during the time period of a certificate do not apply toward subsequent renewals.

PART 4. SUBSTITUTE PERMITS

History

History: 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1141 Substitute permits; general provisions {#sec-r-390.1141 omnilex-key=us-mi-regs-official--dept-education--R 390.1141}

Rule 41. (1) On approval of an application and payment of the applicable evaluation fee, the superintendent of public instruction may issue to a school district or nonpublic school a substitute permit or renewal of a substitute permit to assign an individual who meets the requirements of statute and this part.

(2) Subject to subrule (9) of this rule, before assigning an individual who cannot be appropriately placed in the assignment, a school district or nonpublic school shall apply to the department for a substitute permit or renewal of a substitute permit under this part, pay the applicable evaluation fee, verify satisfaction of the requirements of statute and this part, and hold the substitute permit or renewal for placement of the individual. Subject to the act, the school district or nonpublic school shall verify that an individual with a valid certificate under which appropriate placement is possible is not available for the assignment in accordance with the established hiring practice of the school district or nonpublic school.

(3) An individual shall not apply for a substitute permit or renewal of a substitute permit on behalf of a school district or nonpublic school for the individual’s own placement unless the board of the school district or the governing body of the nonpublic school approves the application in the manner directed by the department.

(4) A substitute permit issued under this part is valid from the issue date to August 31 immediately following the academic year listed on the permit.

(5) Subject to subrule (7) of this rule, the superintendent of public instruction may revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit under this part for any of the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the substitute permit.

(b) Conviction of the individual for a crime described in section 1535a of the act, MCL 380.1535a.

(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.

(6) The superintendent of public instruction may rescind a substitute permit at the request of the school district or nonpublic school.

(7) The superintendent of public instruction shall revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit if the criminal history of the individual for whom a school district or nonpublic school requests the permit includes conviction of a listed offense.

(8) Subject to subrule (9) of this rule, a school district employing an individual who is not appropriately placed under a valid certificate, valid substitute permit, valid authorization, or valid approval issued under rules promulgated by the department is subject to section 163 of the state school aid act of 1979, 1979 PA 94, MCL 388.1763.

(9) If an individual holds a valid Michigan teaching certificate, a school district or nonpublic school may place the individual outside the grade levels and discipline areas listed on the certificate for not more than 90 consecutive calendar days without obtaining a substitute permit.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1142 Daily substitute permit {#sec-r-390.1142 omnilex-key=us-mi-regs-official--dept-education--R 390.1142}

Rule 42. (1) The superintendent of public instruction may issue a daily substitute permit to a school district or nonpublic school for an individual who has satisfactorily completed the credit requirement of section 1233(5) of the act, MCL 380.1233.

(2) A daily substitute permit is valid for teaching on a substitute or intermittent basis when the certificated teacher regularly assigned to the classroom is temporarily absent. A daily substitute permit is valid for no more than 90 consecutive calendar days in the same assignment.

(3) A daily substitute permit is not renewable.

(4) On application by a school district or nonpublic school, the superintendent of public instruction may issue to the school district or nonpublic school an extension of a daily substitute permit as follows if the individual does not qualify for transition to a full-year substitute permit:

(a) The superintendent of public instruction may issue an extension of the daily substitute permit for 1 additional 90-consecutive-calendar-day period if the school district or nonpublic school verifies both of the following:

(i) There was a formal satisfactory observation of the individual by an administrator or designee during the period of the daily substitute permit.

(ii) The school district or nonpublic school assigned a mentor to the individual during the period of the daily substitute permit.

(b) In addition to an extension granted under subdivision (a) of this subrule, the superintendent of public instruction may, in the exercise of discretion, grant the application of a school district or nonpublic school for 1 emergency extension of the daily substitute permit for another 90-consecutive-calendar-day period.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1143 Full-year basic substitute permit {#sec-r-390.1143 omnilex-key=us-mi-regs-official--dept-education--R 390.1143}

Rule 43. (1) The superintendent of public instruction may issue a full-year basic substitute permit under this rule to a school district or nonpublic school for the assignment of an individual, including but not limited to the assignment of an individual under section 505, 1233b, 1233c, or 1531f of the act, MCL 380.505, 380.1233b, 380.1233c, and 380.1531f.

(2) Subject to the act, all of the following apply to a full-year basic substitute permit:

(a) The individual for whom the school district or nonpublic school requests the full-year basic substitute permit has satisfactorily completed the credit requirement of section 1233(5) of the act, MCL 380.1233.

(b) The superintendent of public instruction shall not issue a full-year basic substitute permit to a school district or nonpublic school for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of 1 of the following:

(i) The individual completed an academic major or minor in the discipline area.

(ii) The individual earned 20 semester credit hours in the discipline area.

(iii) The individual obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

(d) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

(3) The superintendent of public instruction may renew a full-year basic substitute permit not more than 3 times to place the same individual in the permitted assignment on application by the school district or nonpublic school, and both of the following apply:

(a) For the first renewal, all of the following apply:

(i) At the time of the application for renewal by the school district or nonpublic school, the individual is enrolled in an educator preparation program that leads to either a teaching certificate or an additional endorsement on a teaching certificate.

(ii) The school district or nonpublic school shall assign a mentor to the individual.

(iii) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

(b) For each subsequent renewal, all of the following apply:

(i) At the time of the application for renewal by the school district or nonpublic school, the individual demonstrates progress toward completion of an educator preparation program, as determined by the superintendent of public instruction, since the most recent renewal.

(ii) The school district or nonpublic school shall assign a mentor to the individual.

(iii) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1144 Full-year shortage substitute permit {#sec-r-390.1144 omnilex-key=us-mi-regs-official--dept-education--R 390.1144}

Rule 44. (1) The superintendent of public instruction may issue a full-year shortage substitute permit under this rule to a school district or nonpublic school for an individual who cannot be appropriately placed under a valid certificate or credential.

(2) Subject to the act, all of the following apply to a full-year shortage substitute permit:

(a) A school district or nonpublic school may apply for a full-year shortage substitute permit for assignment of an individual who holds a valid professional, advanced professional, continuing, life, or permanent teaching certificate but who does not hold the appropriate endorsement for the assignment, including grade band endorsement.

(b) The superintendent of public instruction shall not issue a full-year shortage substitute permit to a school district or nonpublic school for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of 1 of the following:

(i) The individual completed an academic major or minor in the discipline area.

(ii) The individual earned 20 semester credit hours in the discipline area.

(iii) The individual obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

(3) The superintendent of public instruction may renew a full-year shortage substitute permit not more than 3 times to place the same individual in the permitted assignment on application by the school district or nonpublic school, and both of the following apply:

(a) During the year of the most recent full-year shortage substitute permit or renewal, the individual had 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective under section 1249 of the act, MCL 380.1249.

(b) The assignment does not exceed 1/2 of a full-time equivalency teaching position.

History

History: 1979 AC; 1989 AACS; 2024 AACS.

Mich. Admin. Code R 390.1145 Full-year expert substitute permit {#sec-r-390.1145 omnilex-key=us-mi-regs-official--dept-education--R 390.1145}

Rule 45. (1) The superintendent of public instruction may issue a full-year expert substitute permit under this rule to a school district or nonpublic school for an individual who cannot be appropriately placed under a valid certificate or credential, and all of the following apply:

(a) The assignment for which the school district or nonpublic school requests a full-year expert substitute permit must not exceed 1/2 of a full-time equivalency teaching position.

(b) The individual for whom the school district or nonpublic school requests a full-year expert substitute permit shall have documented expertise in the area of the assignment or a similar area and at least 5 years of successful and documented work experience in the area of the assignment or a similar area. The work experience requirement does not apply to an individual assigned to teach a world language.

(d) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

(e) Subject to subdivision (f) of this subrule, the superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of both of the following:

(i) The individual holds a bachelor's degree, or higher, from an accredited college or university.

(ii) One of the following:

(A) The individual completed an academic major or minor in the discipline area.

(B) The individual earned 20 semester credit hours in the discipline area.

(C) The individual earned a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

(f) Subject to section 1233(5) of the act, MCL 380.1233, the superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school for an assignment to teach a world language unless the department has received documentation of all of the following:

(i) The individual holds a bachelor’s degree, or higher, or equivalent, from an accredited college or university, or equivalent.

(ii) The individual demonstrates oral language proficiency by passing an oral examination, if available, approved by the superintendent of public instruction.

(iii) The individual demonstrates written language proficiency by passing a written examination, if available, approved by the superintendent of public instruction.

(g) The superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school for an assignment to teach in a non-core discipline area unless the department has received documentation of 1 of the following:

(i) The individual satisfactorily completed the credit requirement of section 1233(5) of the act, MCL 380.1233, and holds a valid business or industry license or credential in the specific discipline area of the assignment, if one is available.

(ii) The individual holds a bachelor’s or higher degree from an accredited college or university.

(2) The superintendent of public instruction may renew a full-year expert substitute permit on annual application by a school district or nonpublic school. All of the following apply:

(a) The school district or nonpublic school shall assign a mentor to the individual.

(b) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

(c) If the assignment is in a non-core discipline area and the individual qualified for an initial full-year expert substitute permit under only subrule (1)(g)(i) of this rule, the applicant shall verify that the business or industry license or credential, if available, is valid at the time of the application for renewal or that the individual holds a bachelor’s degree, or higher, at the time of the application for renewal.

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1146 Rescinded {#sec-r-390.1146 omnilex-key=us-mi-regs-official--dept-education--R 390.1146}

History

History: 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1147 Rescinded {#sec-r-390.1147 omnilex-key=us-mi-regs-official--dept-education--R 390.1147}

PART 5. EDUCATOR PREPARATION PROVIDERS AND PROGRAMS

History

History: 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1151 Approval of educator preparation providers and programs {#sec-r-390.1151 omnilex-key=us-mi-regs-official--dept-education--R 390.1151}

Rule 51. (1) The state board approves standards for reviewing prospective educator preparation institutions to prepare and recommend candidates for initial certification. The superintendent of public instruction shall make recommendations to the state board for the initial approval of educator preparation institutions based on state board approved standards. This subrule does not apply to the approval of alternative route program providers, which are approved under section 1531i of the act, MCL 380.1531i.

(2) The superintendent of public instruction shall approve programs offered by educator preparation institutions in accordance with state board approved standards for educator preparation. The superintendent of public instruction shall approve alternative route programs in accordance with section 1531i of the act, MCL 380.1531i.

(3) Continued approval of an educator preparation provider by the superintendent of public instruction requires that the educator preparation provider be accredited or that a state review process recommend approval by the superintendent of public instruction.

(4) An educator preparation provider shall submit data required by the department for a determination of its annual educator preparation provider performance score as approved by the superintendent of public instruction.

(5) On request of the superintendent of public instruction, an educator preparation provider shall present a report of its educator preparation curricula and program offerings.

The programs of an educator preparation provider are subject to periodic review by the superintendent of public instruction.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1152 Award or waiver of credit hours based on previous coursework or experience {#sec-r-390.1152 omnilex-key=us-mi-regs-official--dept-education--R 390.1152}

Rule 52. (1) An educator preparation provider may award or waive semester credit hours based on previously completed coursework or previous life learning experiences in fulfillment of the requirements of the provider’s approved programs for certification or certificate endorsements.

(2) This rule does not allow an educator preparation provider to waive statutory requirements.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1153 Educator preparation institution experimental programs {#sec-r-390.1153 omnilex-key=us-mi-regs-official--dept-education--R 390.1153}

Rule 53. The superintendent of public instruction, at the request of an educator preparation institution, may waive, for a specific time, particular requirements of this code for an experimental educator preparation program. The request must provide sufficient detail to allow assessment of the proposed experimental program and comparison with the educator preparation institution’s approved program. If the superintendent of public instruction grants the request, the educator preparation institution shall objectively evaluate and report to the department on the effectiveness of the experiment for the time period of the waiver.

The superintendent of public instruction may renew the waiver if evaluation data provide evidence of value.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1154 Rescinded {#sec-r-390.1154 omnilex-key=us-mi-regs-official--dept-education--R 390.1154}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1155 Rescinded {#sec-r-390.1155 omnilex-key=us-mi-regs-official--dept-education--R 390.1155}

History

History: 1979 AC; 2006 AACS; 2012 AACS.

Mich. Admin. Code R 390.1156 Rescinded {#sec-r-390.1156 omnilex-key=us-mi-regs-official--dept-education--R 390.1156}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1157 Rescinded {#sec-r-390.1157 omnilex-key=us-mi-regs-official--dept-education--R 390.1157}

PART 6. CTE ENDORSEMENTS AND ANNUAL AUTHORIZATION

History

History: 1981 AACS; 2006 AACS.

Mich. Admin. Code R 390.1161 CTE endorsements {#sec-r-390.1161 omnilex-key=us-mi-regs-official--dept-education--R 390.1161}

Rule 61. (1) Subject to R 390.1167, the superintendent of public instruction may issue a CTE endorsement on a standard, professional, or advanced professional teaching certificate if the applicant has paid the applicable evaluation fee and the department has received documentation of both of the following:

(a) An institution approved for the preparation of CTE teachers recommends the applicant based on the applicant’s satisfactory completion of all program requirements, including a minimum of 6 semester credit hours or equivalent of CTE coursework.

(b) The applicant has 2 years of recent and relevant experience, as defined by the superintendent of public instruction, in the occupational area of the endorsement.

(2) Appropriate placement of an individual holding a teaching certificate with a CTE endorsement is in the specified occupational area in an approved CTE program, in an industrial technology education program, grades 6 to 12, or in career pathway courses, grades 6 to 12.

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1162 Rescinded {#sec-r-390.1162 omnilex-key=us-mi-regs-official--dept-education--R 390.1162}

History

History: 1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS.

Mich. Admin. Code R 390.1163 Rescinded {#sec-r-390.1163 omnilex-key=us-mi-regs-official--dept-education--R 390.1163}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1164 Rescinded {#sec-r-390.1164 omnilex-key=us-mi-regs-official--dept-education--R 390.1164}

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1164a Rescinded {#sec-r-390.1164a omnilex-key=us-mi-regs-official--dept-education--R 390.1164a}

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1165 Annual authorization {#sec-r-390.1165 omnilex-key=us-mi-regs-official--dept-education--R 390.1165}

Rule 65. (1) Subject to R 390.1167, on payment of the applicable evaluation fee and approval of an application, the superintendent of public instruction may issue to a school district or nonpublic school an annual authorization and renewals to assign an individual who cannot be appropriately placed under a valid certificate or other credential in industrial technology education, as defined by the superintendent of public instruction, or in a CTE program.

(2) All of the following apply to an annual authorization or renewal:

(a) Before assigning an individual who cannot be appropriately placed in industrial technology education, as defined by the superintendent of public instruction, or in a CTE program, a school district or nonpublic school shall apply to the department for an annual authorization or renewal under this part, pay the applicable evaluation fee, satisfy all requirements of this rule, and hold the annual authorization or renewal.

(b) The superintendent of public instruction shall not issue an annual authorization or renewal under this rule unless the department has received verification of satisfaction of the requirements of section 1233b(2)(b) and (5)(b) of the act, MCL 380.1233b.

(c) Appropriate placement of an individual for whom a school district or nonpublic school holds an annual authorization or renewal is in the occupational education field specified on the authorization.

(d) The school district or nonpublic school shall assign a mentor to an individual during every year of assignment of the individual under an annual authorization or renewal.

(e) An individual and the individual’s supervisor shall collaboratively develop and implement an individualized development plan during every year of placement of the individual under an annual authorization or renewal.

(f) Unless the superintendent of public instruction grants the request of a school district or nonpublic school for permission under section 1233b(6) of the act, MCL 380.1233b, to place an individual for more than 10 years under this rule, the school district or nonpublic school may apply no more than 9 times for renewal of an annual authorization allowing placement of the individual under this rule. A request for permission to place an individual for more than 10 years under this rule must be in the form and manner directed by the superintendent of public instruction.

(3) An annual authorization or renewal is valid from the issue date to August 31 immediately following the end of the academic year listed on the authorization or renewal.

(4) Subject to subrule (6) of this rule, the superintendent of public instruction may refuse to grant or may rescind or revoke an annual authorization or renewal for any of the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the annual authorization or renewal.

(b) Conviction of the individual for a crime described in section 1535a of the act, MCL 380.1535a.

(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.

(5) The superintendent of public instruction may rescind an annual authorization or renewal at the request of the school district or nonpublic school.

(6) The superintendent of public instruction shall refuse to grant or shall revoke an annual authorization or renewal if the criminal history of the individual for whom a school district or nonpublic school requests the authorization or renewal includes conviction of a listed offense.

(7) A school district employing an individual who is not appropriately placed under a valid certificate, valid substitute permit, valid authorization, or valid approval issued under rules promulgated by the department is subject to section 163 of the state school aid act of 1979, 1979 PA 94, MCL 388.1763.

History

History: 1979 AC; 1987 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1166 Rescinded {#sec-r-390.1166 omnilex-key=us-mi-regs-official--dept-education--R 390.1166}

History

History: 1979 AC; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1167 State or federal license {#sec-r-390.1167 omnilex-key=us-mi-regs-official--dept-education--R 390.1167}

Rule 67. If a school district or nonpublic school assigns instructional responsibility to an individual in a field for which state or federal law requires a license, the individual shall hold the appropriate license before the superintendent of public instruction may issue a CTE endorsement to the individual under this code or before the superintendent of public instruction may issue an annual authorization or renewal for the individual under this code.

PART 9. EFFECTIVE DATE AND RESCISSION

History

History: 1979 AC; 2012 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1198 Rescinded {#sec-r-390.1198 omnilex-key=us-mi-regs-official--dept-education--R 390.1198}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 390.1199 Rescinded {#sec-r-390.1199 omnilex-key=us-mi-regs-official--dept-education--R 390.1199}

PART 10. SUSPENSION, REVOCATION, DENIAL, RESCISSION, AND

REINSTATEMENT OF CREDENTIALS

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 390.1201 Suspension of, revocation of, imposition of conditions on, or denial of renewal of a credential {#sec-r-390.1201 omnilex-key=us-mi-regs-official--dept-education--R 390.1201}

Rule 101. The superintendent of public instruction may suspend, revoke, impose reasonable conditions on, or deny renewal of a credential issued to an individual by the superintendent of public instruction for either of the following reasons:

(a) The holder of the credential engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a credential issued to the individual by the superintendent of public instruction.

(b) The holder of the credential was convicted of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2024 AACS.

Mich. Admin. Code R 390.1202 Rescinded {#sec-r-390.1202 omnilex-key=us-mi-regs-official--dept-education--R 390.1202}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1203 Notice of basis for action; notice of right to hearing; informal conference; referral for hearing {#sec-r-390.1203 omnilex-key=us-mi-regs-official--dept-education--R 390.1203}

Rule 103. Subject to summary suspension under section 1535a(2) or 1539b(2) of the act, MCL 380.1535a and 380.1539b, all of the following apply to action taken under R 390.1201:

(a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a credential issued by the superintendent of public instruction includes conviction of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) On receipt of notice of a basis for action under R 390.1201(a) or not more than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the credential in writing of all of the following:

(i) Because of the conviction or because of the identified reason under R 390.1201(a), the superintendent of public instruction may suspend, revoke, impose conditions on, or deny renewal of the credential.

(ii) The holder has the right to a hearing.

(iv) If the holder requests a hearing within 15 business days after receipt of the notice, there must be an informal conference.

(d) Not more than 15 business days after receipt of the notice under subdivision (b) of this rule, the holder of the credential shall request a hearing. If the holder does not timely request a hearing, the superintendent of public instruction shall suspend or deny renewal of the credential.

(e) If the holder of the credential timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the holder of the date and time of an informal conference. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department may recommend that the superintendent of public instruction take no action against or grant renewal of the credential or that there be a settlement or conditional agreement. The superintendent of public instruction shall approve, modify, or deny the recommendation of the department.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2024 AACS.

Mich. Admin. Code R 390.1204 Denial or rescission of credential {#sec-r-390.1204 omnilex-key=us-mi-regs-official--dept-education--R 390.1204}

Rule 104. (1) The superintendent of public instruction may deny an individual’s application for a credential for any of the following reasons:

(a) The applicant engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a credential issued to the individual by the superintendent of public instruction.

(b) The applicant was convicted of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b.

(d) An out-of-state certificating authority took action against an educator credential issued at any time to the applicant by that authority.

(2) After notice and an opportunity to show compliance, the superintendent of public instruction may rescind a credential issued to an individual by the superintendent of public instruction for failure of the individual to meet the requirements for the credential.

History

History: 1979 AC; 2004 AACS; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 AACS.

Mich. Admin. Code R 390.1205 Investigation {#sec-r-390.1205 omnilex-key=us-mi-regs-official--dept-education--R 390.1205}

Rule 105. An authorized representative of the department shall perform the investigatory and prosecutorial functions regarding cases pertaining to credentials issued by the superintendent of public instruction. On receipt of information that may serve as the basis for suspension, revocation, denial, refusal to renew, or rescission of a credential, the authorized representative shall initiate an investigation of that information.

History

History: 1979 AC; 2006 AACS; 2024 AACS.

Mich. Admin. Code R 390.1206 Rescinded {#sec-r-390.1206 omnilex-key=us-mi-regs-official--dept-education--R 390.1206}

History

History: 1979 AC; 2004 AACS; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1207 Rescinded {#sec-r-390.1207 omnilex-key=us-mi-regs-official--dept-education--R 390.1207}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1208 Reinstatement of suspended or revoked credential {#sec-r-390.1208 omnilex-key=us-mi-regs-official--dept-education--R 390.1208}

Rule 108. (1) Unless the superintendent of public instruction suspended or revoked an individual’s credential based on conviction of a listed offense, the individual may file with the department a request for reinstatement of the credential that was suspended or revoked under these rules.

(2) If the superintendent suspended or revoked the credential under R 390.1201(a), all of the following apply:

(a) The individual shall provide to the department documentation and other information that demonstrates that the individual is currently fit to serve in an elementary or secondary school in this state and that reinstatement of the credential will not adversely affect the health, safety, and welfare of pupils.

(b) If the superintendent of public instruction suspended or revoked the credential pursuant to an agreement between the department and the individual, the individual shall provide to the department documentation and other information that establishes satisfaction of the conditions set forth in the agreement.

(c) Not more than 30 calendar days after receipt of the request for reinstatement, the department shall notify the individual in writing of all of the following:

(i) The individual has the right to a hearing.

(iii) If the individual requests a hearing within 30 calendar days after receipt of the notice, there must be an informal conference on the request for reinstatement.

(f) After the informal conference and consideration of the documentation and other information presented, the department shall recommend that the superintendent of public instruction reinstate or deny reinstatement of the credential. Based on consideration of the recommendation and the documentation and other information presented, the superintendent of public instruction shall reinstate or deny reinstatement of the credential.

The superintendent of public instruction shall not reinstate the credential unless the superintendent of public instruction finds that the individual is currently fit to serve in an elementary or secondary school in this state and that reinstatement will not adversely affect the health, safety, and welfare of pupils.

(g) If the superintendent of public instruction does not reinstate the credential under subdivision (f) of this subrule, the department shall refer the request to the Michigan office of administrative hearings and rules for hearing.

(3) If the superintendent of public instruction suspended or revoked the credential under R 390.1201(b), not more than 30 calendar days after receipt of a request for a hearing on reinstatement, the department shall refer the request to the Michigan office of administrative hearings and rules under section 1535a(5) or section 1539b(5) of the act, MCL 380.1535a and 380.1539b.

History

History: 1979 AC; 2006 AACS; 2024 AACS.

Mich. Admin. Code R 390.1209 Rescinded {#sec-r-390.1209 omnilex-key=us-mi-regs-official--dept-education--R 390.1209}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1210 Rescinded {#sec-r-390.1210 omnilex-key=us-mi-regs-official--dept-education--R 390.1210}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1211 Removal of suspension or revocation of credential after conviction set aside, expunged, or dismissed {#sec-r-390.1211 omnilex-key=us-mi-regs-official--dept-education--R 390.1211}

Rule 111. (1) The superintendent of public instruction shall remove the suspension or revocation of a credential if all of the following requirements are met:

(a) The suspension or revocation was based solely on a criminal conviction under section 1535a or section 1539b of the act, MCL 380.1535a and 380.1539b.

(2) Removal of a suspension or revocation under this rule does not relieve the holder of the credential of the responsibility to comply with all legal requirements for renewal of the credential.

(3) This rule does not preclude the superintendent of public instruction from taking action against a credential under R 390.1201, or from denying or rescinding a credential under R 390.1204, for a reason other than a conviction that was set aside or otherwise expunged or dismissed.

History

History: 1979 AC; 2006 AACS; 2024 AACS.

Mich. Admin. Code R 390.1212 Rescinded {#sec-r-390.1212 omnilex-key=us-mi-regs-official--dept-education--R 390.1212}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1213 Rescinded {#sec-r-390.1213 omnilex-key=us-mi-regs-official--dept-education--R 390.1213}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1214 Rescinded {#sec-r-390.1214 omnilex-key=us-mi-regs-official--dept-education--R 390.1214}

History

History: 1979 AC; 2006 AACS; 2015 AACS.

Mich. Admin. Code R 390.1215 Rescinded {#sec-r-390.1215 omnilex-key=us-mi-regs-official--dept-education--R 390.1215}

History

History: 1979 AC; 2006 AACS.

Mich. Admin. Code R 390.1216 Action by superintendent of public instruction on proposal for decision {#sec-r-390.1216 omnilex-key=us-mi-regs-official--dept-education--R 390.1216}

Rule 116. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2020 AACS.

R 390.1301 to R 390.1313 Certification and Licensure of School Counselors

Mich. Admin. Code R 390.1301 Definitions {#sec-r-390.1301 omnilex-key=us-mi-regs-official--dept-education--R 390.1301}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

CERTIFICATION AND LICENSURE OF SCHOOL COUNSELORS

(By authority conferred on the superintendent of public instruction by sections 1233 and 1531 of the revised school code, 1976 PA 451, MCL 380.1233 and 380.1531)

Rule 1. As used in these rules:

(a) “Annual district provided professional development” means that term as defined in R 390.1101.

(b) “Approved school counselor preparation program” means a state approved program in a college or university that has regional accreditation and that prepares school counselors in accordance with these rules.

(d) “Education-related professional learning hours” means an educational opportunity intended to improve a school counselor’s practice and capacity to perform the work within the profession of education, including time spent engaging with local employers or technical centers, that is 1 or more of the following:

(i) Satisfactory college semester credit hours applicable to school counseling at a regionally accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours.

(ii) State continuing education clock hours applicable to school counseling.

(iii) Michigan annual district provided professional development hours applicable to school counseling.

(e) “Michigan teaching certificate” means that termas defined in R 390.1101.

(f) “Nonpublic school” means a private, denominational, or parochial school.

(g) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the Council for Higher Education Accreditation or its successor agency.

(h) “Role of a school counselor” means the following roles in which school counselors serve and that, in Michigan, require a Michigan school counseling credential:

(i) Provide individual and group counseling services to assist students.

(ii) Collaborate with staff in planning educational interventions, curriculum, behavioral management plans, and teaching strategies.

(iii) Consult and collaborate with students, families, school personnel, and appropriate professionals and agency personnel regarding behavioral and educational concerns.

(iv) Provide guidance to students utilizing technology, career development theory, educational information, and occupational information.

(v) Assess students by using assessment, statistics and research methodology, follow-up evaluations, and measurement methods.

(vi) Assess school counseling programs using assessment, statistics and research methodology, follow-up evaluations, and measurement methods.

(vii) Design, implement, and evaluate guidance and counseling programs focusing on the career, academic, personal, social, emotional, and developmental needs of all students using, but not limited to, the following functions:

(A) Advising.

(B) Placement.

(D) Assessment.

(E) Counseling.

(F) Coordinating.

(G) Instructing.

(H) Referring.

(I) Programming.

(viii) Support and coordinate career development navigator programs to increase the number of college- and career-ready pupils, with an emphasis on increasing the number of citizens working in high-demand fields.

(i) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent.

(j) “School counselor” means an individual who has successfully completed an approved school counselor preparation program and performs the role of a school counselor.

(k) “School counselor credential” means 1 of the following:

(i) School counselor endorsement on a valid Michigan teaching certificate.

(ii) Preliminary school counselor credential issued under R 390.1304.

(iii) Temporary school counselor license issued under R 390.1307.

(iv) School counselor license issued under R 390.1305 or R 390.1306.

(l) “School counselor educator” means an individual employed as a faculty member to teach in an approved school counselor preparation program.

(m) “School counselor endorsement” means an endorsement issued under R 390.1303 or R 390.1303a.

(n) “School district” means that term as defined in R 390.1101.

(o) “Sponsoring institution” means an institution of higher education approved for teacher or counselor preparation by the state board that makes recommendations for applicants under R 390.1101 to R 390.1216.

(p) “State board” means the Michigan state board of education.

(q) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

(r) “Valid” means being within the time period of the credential.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1302 Individual required to hold school counselor credential; recommendation by sponsoring institution {#sec-r-390.1302 omnilex-key=us-mi-regs-official--dept-education--R 390.1302}

Rule 2. (1) An individual employed in the role of a school counselor by a school district or nonpublic school shall hold a school counselor credential under these rules.

(2) The sponsoring institution shall recommend an individual for a school counselor endorsement, preliminary employment authorization to work as a school counselor, or school counselor license at the appropriate grade level or levels for which the individual qualifies.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1303 School counselor endorsement; applicant trained in Michigan approved school counselor preparation program {#sec-r-390.1303 omnilex-key=us-mi-regs-official--dept-education--R 390.1303}

Rule 3. An applicant for a school counselor endorsement trained in a Michigan approved school counselor preparation program shall meet all of the following requirements:

(a) Hold a valid Michigan teaching certificate.

(b) Complete an approved school counselor preparation program that includes both of the following:

(i) Not less than 30 semester credit hours in school counseling, including an internship, at the undergraduate or graduate level.

(ii) Not less than a 600-clock-hour internship with students under the supervision of a credentialed school counselor or a school counselor educator in an approved school counselor preparation program. At least 300 of the 600 clock hours must be in a school setting.

(d) Obtain the recommendation of an approved school counselor preparation program to provide services as a school counselor. Both of the following apply to the recommendation:

(i) The approved school counselor preparation program shall make the recommendation in a manner designated by the department.

(ii) The approved school counselor preparation program shall not make the recommendation until the applicant has completed the other requirements set forth in this rule.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1303a School counselor endorsement; applicant trained in out-of-state school counselor preparation program {#sec-r-390.1303a omnilex-key=us-mi-regs-official--dept-education--R 390.1303a}

Rule 3a. (1) An applicant for a school counselor endorsement trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency shall meet all of the following requirements:

(a) Hold a valid out-of-state teaching certificate with a school counselor endorsement.

(b) Complete a school counselor preparation program approved by the appropriate outof-state agency that includes both of the following:

(i) Not less than 30 semester credit hours in school counseling, including an internship, at the undergraduate or graduate level.

(ii) Not less than a 600-clock-hour internship with students under the supervision of a credentialed school counselor or a school counselor educator in a school counselor preparation program approved by the appropriate out-of-state agency. At least 300 of the 600 clock hours must be in a school setting.

(c) Successfully complete the school counselor examination approved by the superintendent of public instruction. This subdivision does not apply to an individual who satisfies the requirements set forth in section 1531(6) of the revised school code, 1976 PA 451, MCL 380.1531.

(2) An applicant for a school counselor endorsement under this rule shall apply directly to the department.

History

History: 2006 AACS; 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1304 Preliminary school counselor credential {#sec-r-390.1304 omnilex-key=us-mi-regs-official--dept-education--R 390.1304}

Rule 4. (1) A Michigan approved school counselor preparation program may recommend an applicant enrolled in the program who is seeking a school counselor endorsement or school counselor license for a 3-year nonrenewable preliminary school counselor credential upon completion of both of the following:

(a) A minimum of 30 semester credit hours in school counseling in an approved school counselor preparation program.

(b) Successful completion of the school counselor examination approved by the superintendent of public instruction.

(2) A sponsoring institution shall recommend an applicant for a preliminary school counselor credential in a manner designated by the superintendent of public instruction.

The recommendation shall identify appropriate grade levels for which the applicant qualifies.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1305 School counselor license; applicant trained in Michigan approved school counselor preparation program {#sec-r-390.1305 omnilex-key=us-mi-regs-official--dept-education--R 390.1305}

Rule 5. (1) An applicant for a school counselor license trained in a Michigan approved school counselor preparation program shall meet all of the following requirements:

(a) Completion of the requirements set forth in section 1233(2)(b)(i) of the revised school code, 1976 PA 451, MCL 380.1233.

(b) Successful completion of the school counselor examination approved by the superintendent of public instruction.

(c) Recommendation by an approved school counselor preparation program to provide services as a school counselor. The approved school counselor preparation program shall make the recommendation for the issuance of a school counselor license in a manner designated by the superintendent of public instruction.

(d) Completion of not less than 30 graduate level semester credit hours in school counseling, including an internship. Online and distance learning credit earned at a sponsoring institution with an approved school counselor preparation program or a regionally accredited college or university may satisfy this requirement in whole or in part.

(e) Completion of not less than a 600-clock-hour internship with students under the supervision of a school counselor educator in an approved school counselor preparation program. At least 300 of the 600 clock hours must be in a school setting.

(2) The superintendent of public instruction may renew a school counselor license if the applicant has completed, since the issuance of the most recent school counselor license or renewal, any combination of education-related professional learning hours totaling 150 hours. The 150 education-related professional learning hours must include hours that satisfy the requirements of section 1233(6) to (8) of the revised school code, 1976 PA 451, MCL 380.1233.

(3) Online and distance learning semester credit hours meet the requirements for renewal of a school counselor license if earned at a sponsoring institution with an approved school counselor preparation program or a regionally accredited college or university.

History

History: 1979 AC; 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1306 School counselor license; applicant trained in out-of-state school counselor preparation program {#sec-r-390.1306 omnilex-key=us-mi-regs-official--dept-education--R 390.1306}

Rule 6. (1) An applicant for a school counselor license trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency shall meet all of the following requirements:

(a) Apply directly to the department.

(b) Pass the school counselor examination approved by the superintendent of public instruction.

(i) Hold a master's degree or higher from a regionally accredited institution in a school counselor preparation program approved by the appropriate out-of-state agency that includes the skills and content areas described in section 1233(2)(b)(i) of the revised school code, 1976 PA 451, MCL 380.1233.

(ii) Satisfy all of the following:

(A) Complete successful experience serving in the role of a school counselor as described in section 1233(2)(c)(i) of the revised school code, 1976 PA 451, MCL 380.1233.

(B) Hold a baccalaureate degree from a regionally accredited institution in a school counselor preparation program approved by the appropriate out-of-state agency.

(C) Provide written documentation of the out-of-state credential and the approval document required by that state to serve in the role of a school counselor.

(2) Renewal of a school counselor license issued under this rule is subject to the requirements set forth in R 390.1305(2) and (3).

History

History: 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1307 Temporary school counselor license; applicant trained in out-of-state school counselor preparation program {#sec-r-390.1307 omnilex-key=us-mi-regs-official--dept-education--R 390.1307}

Rule 7. The superintendent of public instruction may issue a 1-year nonrenewable temporary school counselor license to an applicant for a school counselor license trained in an out-of-state school counselor preparation program approved by the appropriate outof-state agency who satisfies all requirements except successful completion of the school counselor examination approved by the superintendent of public instruction. The temporary school counselor license allows employment of the individual as a school counselor in this state.

History

History: 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1308 School counselor credential restrictions and expiration dates {#sec-r-390.1308 omnilex-key=us-mi-regs-official--dept-education--R 390.1308}

Rule 8. (1) School counselor credentials issued under these rules have certain restrictions as to the nature of teaching or serving as a school counselor for which school districts or nonpublic schools may employ the holders of the credentials. Applicants, credential holders, and employers shall be familiar with the specific provisions regarding school counselor credentials.

(2) Subject to subrule (4) of this rule, a certificate, license, or renewal issued under these rules expires 5 years from June 30 of the calendar year of issuance.

(3) A preliminary school counselor credential issued under R 390.1304 expires 3 years from the date of issuance.

(4) A temporary school counselor license issued under R 390.1307 expires 1 year from the date of issuance.

History

History: 2006 AACS; 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1309 Initial program approval {#sec-r-390.1309 omnilex-key=us-mi-regs-official--dept-education--R 390.1309}

Rule 9. (1) The state board shall approve standards for reviewing school counselor preparation programs.

(2) The superintendent of public instruction shall approve school counselor preparation programs in accordance with the state board approved standards.

(3) Continued approval of a school counselor preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process.

History

History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1310 Denial, suspension, or revocation of school counselor credential {#sec-r-390.1310 omnilex-key=us-mi-regs-official--dept-education--R 390.1310}

Rule 10. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a school counselor credential for the following reasons:

(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a school counselor credential.

(b) Conviction of a crime described in section 1539b of the revised school code, 1976 PA 451, MCL 380.1539b.

(2) The superintendent of public instruction may refuse to grant or refuse to renew a school counselor credential for failure of the applicant to meet the requirements for the school counselor credential. After notice and an opportunity for a hearing, which the holder shall request within 15 business days after receipt of the notice, the superintendent of public instruction may rescind, suspend, or revoke a school counselor credential for failure of the holder to meet the requirements for the credential. If the holder does not timely request a hearing, the superintendent of public instruction shall rescind, suspend, or revoke the school counselor credential.

History

History: 2017 AACS; 2019 AACS.

Mich. Admin. Code R 390.1311 Investigation {#sec-r-390.1311 omnilex-key=us-mi-regs-official--dept-education--R 390.1311}

Rule 11. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to school counselor credentials. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a school counselor credential, the designee of the superintendent of public instruction shall initiate an investigation of that information.

History

History: 2017 AACS.

Mich. Admin. Code R 390.1312 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing {#sec-r-390.1312 omnilex-key=us-mi-regs-official--dept-education--R 390.1312}

Rule 12. Subject to summary suspension under section 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1539b, all of the following apply to action taken under R 390.1310(1)(a) or (b):

(a) Not more than 7 calendar days after receiving notice that the criminal history of the applicant for or the holder of a school counselor credential includes conviction of a crime described in section 1539b of the revised school code 1976 PA 451, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) Upon receipt of notice of a basis for action under R 390.1310(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant for or the holder of the school counselor credential in writing of all of the following:

(i) Because of the conviction or because of the identified reason under R 390.1310(1)(a), the superintendent of public instruction may deny, suspend, or revoke the school counselor credential.

(ii) The applicant or the holder has the right to a hearing.

(iv) If the applicant or the holder requests a hearing within 15 business days after receipt of the notice, there will be an informal conference to show compliance.

(d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant for or the holder of a school counselor credential shall request a hearing.

If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed school counselor credential or shall suspend the school counselor credential.

(e) If the applicant for or the holder of a school counselor credential timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance.

Unless otherwise agreed, the informal conference to show compliance is a telephone conference with an authorized representative of the superintendent of public instruction.

History

History: 2017 AACS; 2019 AACS; 2020 AACS.

Mich. Admin. Code R 390.1313 Action by superintendent of public instruction on proposal for decision {#sec-r-390.1313 omnilex-key=us-mi-regs-official--dept-education--R 390.1313}

Rule 13. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may remand a case to the Michigan office of administrative hearings and rules for further proceedings.

History

History: 2017 AACS; 2020 AACS.

R 395.231 to R 395.376 Career And Technical Education Reimbursed Programs

Mich. Admin. Code R 395.231 Definitions {#sec-r-395.231 omnilex-key=us-mi-regs-official--dept-education--R 395.231}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

CAREER AND TECHNICAL EDUCATION REIMBURSED PROGRAMS

(By authority conferred on the superintendent of public instruction by section 61a of the state school aid act of 1979, 1979 PA 94, MCL 388.1661a)

PART 1. GENERAL PROVISIONS

Rule 1. As used in these rules:

(a) “Added cost” means expenditures incurred by a public educational agency in the operation of a career and technical education program thatexceed the expenditures required to operate non-career and technical education programs.

(b) “Career and technical education program” means an instructionalprogram as defined under section 3 of the revised school code,1976 PA 451, MCL 380.3.

(c) “Career and technical education program of study” means a coherent, articulated sequence of rigorous academic and career-related courses, commencing in ninth grade and leading to an associate degree, an industry-recognized certificate of licensure, or a baccalaureate and beyond.

(d)"Career clusters" means an organizing tool defining career and technical education programs using broad clusters of occupations and career cluster pathways with validated standards that ensure opportunities for all students.

(e) “CEPD” means career education planning district.

(f)“Department” means the department of education.

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.232 Career and technical education administrators {#sec-r-395.232 omnilex-key=us-mi-regs-official--dept-education--R 395.232}

Rule 2. (1) Titles of career and technical education administrators of public educational agencies may be director of career and technical education, CEPD administrator, supervisor, or other administrator or consultant. Career and technical education administrators shall oversee career and technical education programs that are of sufficient size, scope, and quality. The size, scope, and quality of a career and technical education program mustcontain the necessary elements to provide effective services, activities, and instructional program offerings so that students are successful as evidenced by performance indicators.

(2) An administrator of career and technical educationshall promote, organize, coordinate, supervise, evaluate, and give general direction to state-approved career and technical education programs. The career and technical education administrator shall be responsible for determining the needs for career and technical education in the various occupational areas and the establishment of programs consistent with the employment needs of the state and region. The administrator shall be responsible for the preparation of periodic reports.

(3) A career and technical education administrator shall have both ofthe following qualifications:

(a) A master’s degree from a recognized college or university and completion of career and technical education courses in the administration, supervision, and organization of career and technical education programs.

(b) At least 3 years of experience in administration, teaching, or a combination of administration and teaching in career and technical education programs.

(4) If an individual does not satisfy the requirements of subrule (3) of this rule, the department may waive 1 or both of the requirements based on a detailed review of the individual’s qualifications.

(5) A CEPD administrator may provide input regarding decisions that affect career and technical education programs. Department decisions must be consistent with the state plan for career and technical education as required by the strengthening career and technical education for the 21st century act (Perkins), 20 USC 2301 to 2414, and section 61a of the state school aid act of 1979, 1979 PA 94, MCL 388.1661a.

History

History: 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.236 Career and technical education guidance counselor {#sec-r-395.236 omnilex-key=us-mi-regs-official--dept-education--R 395.236}

Rule 6. (1) All of the following are duties of a career and technical guidance counselor:

(a) Provide adequate guidance and counseling designed to enable career and technical education students and potential career and technical education students to plan and participate in state-approved career and technical education programs of study.

(b) Provide adequate guidance and counseling for students enrolled in and pursuing a state-approved career and technical education program of study.

(c) Provide additional guidance and counseling services to assist students in the students’ career and technical education program of study to benefit from the students’ academic and technical training.

(d) Provide information to students regarding career awareness and planning with respect to preparing for the students’ future academic and career plans.

(e) Provide information to students regarding career options, employment trends, financial aid, and postsecondary options.

(f) Identify and encourage the appropriate placement of students in career and technical education, based on review of the students’ educational development plans.

(2) A career and technical education guidance counselor shall comply with rules governing the certification and licensure of school counselors, R 390.1301 to R 390.1313.

PART 2. STATE-APPROVED CAREER AND TECHNICAL EDUCATION

PROGRAMS

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.241 State-approved career and technical education programs {#sec-r-395.241 omnilex-key=us-mi-regs-official--dept-education--R 395.241}

Rule 11. State-approved career and technical education wage-earning programs must include all of the following:

(a) A coherent sequence of courses so that students gain academic, technical, and work behavior skills.

(b) Instruction that includes classroom, laboratory, work-based learning, and leadership opportunities.

(c) Instruction that is supervised, directed, or coordinated by an appropriately certificated career and technical education teacher.

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.242 Persons to be served {#sec-r-395.242 omnilex-key=us-mi-regs-official--dept-education--R 395.242}

Rule 12. Programs are for students attending high school that have indicated on their educational development plan an interest in enrolling in 1 of the state-approved career and technical education programs of study.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.243 Career and technical education standards; career clusters {#sec-r-395.243 omnilex-key=us-mi-regs-official--dept-education--R 395.243}

Rule 13. Career and technical education standards must align with career clusters as required by section 2323 of the strengthening career and technical education for the 21st century act (Perkins), 20 USC 2323, and approved by the state board of education.

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.244 Career and technical education program criteria {#sec-r-395.244 omnilex-key=us-mi-regs-official--dept-education--R 395.244}

Rule 14. (1) Instruction mustmeetthe following criteria:

(a) It is organized and operated under the direction of the department, intermediate school district, or a local educational agency responsible for expenditure of public education agency funds for career and technical education in the state or community.

(b) The teachers are appropriately certified and are employed as public school teachers under the conditions generally applicable to the employment of other public school teachers employed by the department, intermediate school district, or local educational agency responsible for career and technical education.

(2) Instruction under contract must meet the following criteria:

(a) Whenever any portion of the career and technical education program is being administered by a public or nonpublic agency or institution other than the department, intermediate school district, or local educational agency under an arrangement made with it by the department, intermediate school district, or local educational agency, there must be a written agreement between the parties that describes the portion of the career and technical education program to be administered by the agency or institution and incorporates the standards and requirements set forth in these rules and prescribed by the department that are applicable to the portion. The parties shall review the agreement annually.

(b) All written agreements must include an assurance that federal, state, and local funds allocated to an agency or institution will be used only to cover the additional costs that are necessary to administer the portion of the career and technical education program that the parties have agreed will be administered by an agency or institution, or to lower the rate of or eliminate tuition, fees, and other charges collected from persons benefiting from the portion of the program, or both; and that federal, state, and local funds will not be used to cover costs that would otherwise be covered by the agency’s or institution's own resources, thereby diverting those resources to other purposes.

(c) The department, intermediate school district, or local educational agency shall not enter into any agreement with an agency or institution that collects tuition, fees, and other charges, and that is able to cover with its own resources substantially all the necessary costs of administering the portion of the career and technical education program that the department, intermediate school district, or local educational agency desires to have carried out by an agency or institution, unless the agency or institution agrees to use federal, state, and local funds allocated to it to cover the cost of reducing the rate of or eliminating tuition, fees, and other charges collected from those benefiting from that portion.

(3) Instruction must prepare students for occupations that lead to high-skill, high-wage, and in-demand careers and prepare students for postsecondary education. The department shall identify these occupations based on available employment and workforce data.

(4) Instruction must meet all of the following:

(a) Contain a coherent and complete sequence of instruction, as determined by the department for the United States Department of Education classification of instruction (CIP) code area.

(b) Be part of a high school program of study that includes a post high school component.

(d) Use required assessments.

(e) Contain criteria for state-approved career and technical education programs under subrule (10) of this rule.

(5) Reimbursement for instruction costs must comply with part 4 of these rules.

(6) Access to career and technical education instruction must comply with the pupil accounting rules, R 340.1 to R 340.18.

(7) All individuals residing in the state who are available and qualified to receive instruction shall have access to programs that are offered. If it is not economically or administratively feasible to provide each type of program in all areas and communities served by a local educational agency, an individual residing in an area served by 1 local educational agency may enroll, in accordance with policies and procedures established by the department or by the involved local educational agencies, in a program of instruction offered by another local educational agency if the local educational agency serving the area in which the individual resides does not offer a reasonably comparable type of program, the individual is otherwise available and qualified to receive the instruction, and facilities are reasonably available for additional enrollees in the program offered by the receiving local educational agency.

(8) Access to career and technical education instruction offered within the area served by the department or a local educational agency must be provided to the extent that facilities are available so that each type of program of career and technical education instruction offered by the department is made available to all individuals residing in the state, and each program of instruction offered by a local educational agency is made available to all individuals residing in the district or community served by the local educational agency offering the instruction, if the individuals are otherwise available and qualified to receive the instruction in accordance with the standards and requirements of the state plan. The fact that an individual resides in a certain attendance area within a district or community does not preclude the individual’s access to a program of instruction available to other individuals residing in other attendance areas within the district or community if access to a reasonably comparable program is not otherwise available to the individual. If a school district is the local educational agency offering career and technical education instruction, it shall agree in writing to accept nonresident individuals if the career and technical education instruction is not available to the individuals and if the school has facilities available.

(9) Students shall be admitted for enrollment in career and technical education programs and provided career and technical education instruction for each type of occupation or occupational field if they are qualified and the facilities are reasonably available.

(10) The criteria for continued state approval of a career and technical education program or development of a new state-approved career and technical education program include, but are not limited to, all of the following:

(a) Teacher certification that complies with the teacher certification code, R 390.1101 to R 390.1216.

(b) Professional development.

(d) Use of advisory committees.

(e) Facilities.

(f) Classroom safety.

(g) Implementation of program standards and course content.

(h) Equipment.

(i) Elimination of barriers to access.

(j) Work-based learning (k) Accuracy of program and student data.

(l) Alignment of programs of study to postsecondary education.

(m) Opportunities for student leadership activities.

(n) Administration of required assessments.

(11) Related career and technical education instruction may be appropriate for students before participation in an apprenticeship program. As used in this subrule, "apprentice" means a worker who is learning a recognized apprenticeable occupation in accordance with a written apprentice training agreement between the apprentice and an individual employer or group of employers that either provides for or makes reference to a document that provides for a given length of planned work experience through employment on the job, supplemented by appropriate related instruction, and other recognized standards and requirements of apprenticeship. Apprenticeship program oversight is provided by the United States Department of Labor.

(12) Less-than-class-size programs are work-based learning experiences that are contracted through a business or industry. These programs provide additional options for students to receive a career and technical education program using a business as the instructional site. Less-than-class-size programs must comply with R 340.16.

(13) The department shall determine guidelines for facilities, equipment, and materials based on instructional safety and enrollment needs.

(14) Qualified teachers meeting certification requirements shall conduct the program of instruction.

(15) When the activities of career and technical student organizations complement the career and technical education instruction offered, individuals who are qualified as career and technical education teachers in the respective career and technical fields within the state or school personnel supervised by qualified career and technical education teachers shall conduct the activities.

(16) A local school district shall comply with work-based learning experience requirements in R 340.16 when placing students into paid, unpaid, in-district, or less-thanclass-size work-based learning experiences. Students who participate in work-based learning experiences may generate added cost funding and may be counted in membership if the requirements are met.

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.251 Rescinded {#sec-r-395.251 omnilex-key=us-mi-regs-official--dept-education--R 395.251}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.252 Rescinded {#sec-r-395.252 omnilex-key=us-mi-regs-official--dept-education--R 395.252}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.253 Rescinded {#sec-r-395.253 omnilex-key=us-mi-regs-official--dept-education--R 395.253}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.254 Rescinded {#sec-r-395.254 omnilex-key=us-mi-regs-official--dept-education--R 395.254}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.261 Rescinded {#sec-r-395.261 omnilex-key=us-mi-regs-official--dept-education--R 395.261}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.262 Rescinded {#sec-r-395.262 omnilex-key=us-mi-regs-official--dept-education--R 395.262}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.271 Rescinded {#sec-r-395.271 omnilex-key=us-mi-regs-official--dept-education--R 395.271}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.272 Rescinded {#sec-r-395.272 omnilex-key=us-mi-regs-official--dept-education--R 395.272}

PART 3. FINANCIAL COMPLIANCE

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.281 Assurance of compliance {#sec-r-395.281 omnilex-key=us-mi-regs-official--dept-education--R 395.281}

Rule 51. All public education agencies operating career and technical education programs in the state shall comply with these rules; the revised school code, 1976 PA 451, MCL 380.1 to 380.1852; section 61a of the state school aid act of 1979, 1979 PA 94, MCL 388.1661a; all provisions of the state's application for federal funds under section 2342 of the strengthening career and technical education for the 21st century act (Perkins), 20 USC 2342; and the federal regulations governing education programs, 34 CFR parts 76, 77, 81, 82, and 99.

History

History: 1979 AC; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.282 Source of funds {#sec-r-395.282 omnilex-key=us-mi-regs-official--dept-education--R 395.282}

Rule 52. Funds for operating career and technical education programs and services by intermediate school districts, local school districts, and public school academies shall be derived from federal appropriations; general and categorical appropriations in the state school aid act, 1979 PA 94, MCL 388.1601 et seq., and local general and specific property taxes, gifts, grants, and bequests.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.283 Rescinded {#sec-r-395.283 omnilex-key=us-mi-regs-official--dept-education--R 395.283}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.284 Rescinded {#sec-r-395.284 omnilex-key=us-mi-regs-official--dept-education--R 395.284}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.285 Rescinded {#sec-r-395.285 omnilex-key=us-mi-regs-official--dept-education--R 395.285}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.286 Rescinded {#sec-r-395.286 omnilex-key=us-mi-regs-official--dept-education--R 395.286}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.291 Rescinded {#sec-r-395.291 omnilex-key=us-mi-regs-official--dept-education--R 395.291}

Editor's Note: An obvious error in R 395.291 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2010 MR 9. The memorandum requesting the correction was published in Michigan Register, 2010 MR 12.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.301 Rescinded {#sec-r-395.301 omnilex-key=us-mi-regs-official--dept-education--R 395.301}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.311 Rescinded {#sec-r-395.311 omnilex-key=us-mi-regs-official--dept-education--R 395.311}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.312 Rescinded {#sec-r-395.312 omnilex-key=us-mi-regs-official--dept-education--R 395.312}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.321 Rescinded {#sec-r-395.321 omnilex-key=us-mi-regs-official--dept-education--R 395.321}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.322 Rescinded {#sec-r-395.322 omnilex-key=us-mi-regs-official--dept-education--R 395.322}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.323 Rescinded {#sec-r-395.323 omnilex-key=us-mi-regs-official--dept-education--R 395.323}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.331 Rescinded {#sec-r-395.331 omnilex-key=us-mi-regs-official--dept-education--R 395.331}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.332 Rescinded {#sec-r-395.332 omnilex-key=us-mi-regs-official--dept-education--R 395.332}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.333 Rescinded {#sec-r-395.333 omnilex-key=us-mi-regs-official--dept-education--R 395.333}

History

History: 1954 ACS 50, Eff. May 15, 1967; rescinded 1954 ACS 74, Eff. Jan. 19, 1973.

Mich. Admin. Code R 395.334 Rescinded {#sec-r-395.334 omnilex-key=us-mi-regs-official--dept-education--R 395.334}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.335 Rescinded {#sec-r-395.335 omnilex-key=us-mi-regs-official--dept-education--R 395.335}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.341 Rescinded {#sec-r-395.341 omnilex-key=us-mi-regs-official--dept-education--R 395.341}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.351 Rescinded {#sec-r-395.351 omnilex-key=us-mi-regs-official--dept-education--R 395.351}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.352 Rescinded {#sec-r-395.352 omnilex-key=us-mi-regs-official--dept-education--R 395.352}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.353 Rescinded {#sec-r-395.353 omnilex-key=us-mi-regs-official--dept-education--R 395.353}

History

History: 1954 ACS 50, Eff. May 15, 1967; rescinded 1954 ACS 74, Eff. Jan. 19, 1973.

Mich. Admin. Code R 395.354 Rescinded {#sec-r-395.354 omnilex-key=us-mi-regs-official--dept-education--R 395.354}

History

History: 1954 ACS 50, Eff. May 15, 1967; rescinded 1954 ACS 74, Eff. Jan. 19, 1973.

Mich. Admin. Code R 395.355 Rescinded {#sec-r-395.355 omnilex-key=us-mi-regs-official--dept-education--R 395.355}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.361 Rescinded {#sec-r-395.361 omnilex-key=us-mi-regs-official--dept-education--R 395.361}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.362 Rescinded {#sec-r-395.362 omnilex-key=us-mi-regs-official--dept-education--R 395.362}

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.363 Rescinded {#sec-r-395.363 omnilex-key=us-mi-regs-official--dept-education--R 395.363}

PART 4. REIMBURSEMENT FOR CAREER AND TECHNICAL

EDUCATION ON AN ADDED COST BASIS

History

History: 1954 ACS 50, Eff. May 15, 1967; rescinded 1954 ACS 74, Eff. Jan. 19, 1973.

Mich. Admin. Code R 395.371 Allowable career and technical education program expenses {#sec-r-395.371 omnilex-key=us-mi-regs-official--dept-education--R 395.371}

Rule 141. Allowable expenses related to reimbursement for career and technical education on an added cost basis under section 61a of the state school aid act of 1979, 1979 PA 94, MCL 388.1661a, do not include more than 10 percent of instructional and support costs associated with providing activities, including, but not limited to, staff salaries, wages, and benefits, under section 7 of the revised school code, 1976 PA 451, MCL 380.7.

Allowable expenses do not include costs associated with acquisition and rental of real property; construction of buildings; maintenance, repair, and replacement of buildings and lands; and associated construction equipment and building supplies. Reimbursable expenses apply to individuals served under R 395.242.

History

History: 1979 AC; 1988 AACS; 2010 AACS; 2025 AACS.

Mich. Admin. Code R 395.372 Added cost determination {#sec-r-395.372 omnilex-key=us-mi-regs-official--dept-education--R 395.372}

Rule 142. The distribution of added cost funding shall be determined by the department based on availability and eligibility for reimbursement under R 395.374.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.373 Eligible agencies {#sec-r-395.373 omnilex-key=us-mi-regs-official--dept-education--R 395.373}

Rule 143. Area career and technical education centers as well as local and intermediate school districts which are not area career and technical centers but which are operating in compliance with all applicable statutory provisions and administrative regulations are eligible agencies.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.374 Availability and eligibility for reimbursement {#sec-r-395.374 omnilex-key=us-mi-regs-official--dept-education--R 395.374}

Rule 144. Availability of grants shall be made public by the department. An educational agency's career and technical education program shall be state approved and student enrollment data shall be reported as required on the department's career and technical education data collection system. Applications for funding are not required.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.375 Approval {#sec-r-395.375 omnilex-key=us-mi-regs-official--dept-education--R 395.375}

Rule 145. To be funded on an added cost basis, career and technical education programs shall be determined by the department to be in compliance with all applicable statutory provisions and administrative regulations.

History

History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 395.376 Administration of funds {#sec-r-395.376 omnilex-key=us-mi-regs-official--dept-education--R 395.376}

Rule 146. (1) The department shall disburse added cost monies annually to eligible agencies which operate secondary state-approved career and technical education programs which are in compliance with all applicable statutory provisions and administrative rules.

The department shall determine priorities for funding programs after considering available funds and eligible requests.

(2) The department shall annually determine career and technical education programs to be funded with 60% of the available added cost money. Programs to be funded with the remaining 40% of the available money shall be determined by career education planning districts. If available monies do not cover the added costs, the department shall determine the amount of fund distribution.

(3) Any amounts not used shall be redistributed to eligible agencies as determined by the department based on availability and eligibility for reimbursement under R 395.374.

History

History: 1979 AC; 1982 AACS; 1988 AACS; 2010 AACS.

R 397.01 to R 397.92 State Aid Rules - Library of Michigan

Mich. Admin. Code R 397.01 Purpose and applicability {#sec-r-397.01 omnilex-key=us-mi-regs-official--dept-education--R 397.01}

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

LIBRARY OF MICHIGAN

STATE AID RULES

(By authority conferred on the department of history, arts, and libraries by section 10a of 1982 PA 540, MCL 397.20a)

PART 1. GENERAL PROVISIONS

Rule 1. (1) The purpose of these rules is to prescribe eligibility requirements for public libraries and cooperative libraries to receive state aid funds.

(2) These rules apply to and establish responsibilities of the department of history, arts, and libraries and library of Michigan when administering state aid monies.

History

History: 2009 AACS.

Mich. Admin. Code R 397.02 Definitions; A to E {#sec-r-397.02 omnilex-key=us-mi-regs-official--dept-education--R 397.02}

Rule 2. As used in these rules:

(a) "Accredited institution" means an educational institution recognized by a regional accrediting body and is a qualified institution, as defined by section 2 of 2005 PA 100, MCL 390.1602.

(b) "Act" means the state aid to public libraries act, 1977 PA 89, MCL 397.551 to 397.576.

(c) "Certification" or "certificate" means and pertains to the minimum educational and experience requirements applicable to public library employees and directors and cooperative library directors.

(d) "Department" means the department of history, arts, and libraries.

(e) "Director" means the public library or cooperative library's chief administrative officer.

History

History: 2009 AACS.

Mich. Admin. Code R 397.03 Definitions; F to M {#sec-r-397.03 omnilex-key=us-mi-regs-official--dept-education--R 397.03}

Rule 3. As used in these rules:

(a) "Full time employment" means working a minimum of 35 hours a week.

(b) "Jurisdictional service area" means the area that is within a public library's legal boundaries wherein the electors are authorized to vote on a library millage and may be eligible to be library board members.

(c) "Lawfully established" means library establishment by a public or local act, city charter, or ordinance, or special act of the legislature and excludes any type of library that has been established in a fashion unrecognized by the department.

(d) "Legal service area population" means the total population residing within an area designated for and served by a public library, including the jurisdictional area and any contractual service area.

(e) "Library class" means the size criteria number, 1 to 6, based on population served.

(f) "Library of Michigan" means the library of Michigan created by the library of Michigan act, 1982 PA 540, MCL 397.11 to 397.24.

(g) "Library service" means all library services that are offered by a public library.

History

History: 2009 AACS.

Mich. Admin. Code R 397.04 Definitions; N to Z {#sec-r-397.04 omnilex-key=us-mi-regs-official--dept-education--R 397.04}

Rule 4. As used in these rules:

(a) "Participating library" means a public library that has joined a cooperative library.

(b) "Personnel" or "employee" or "staff" means any person who is employed by or is an agent of a public library or a cooperative library.

(c) "Population" means the number of persons residing within a specific geographic area according to the last official federal census or special federal census.

(d) "Reasonable fee" means an amount of money not more than the amount of money that a resident within a library's jurisdictional service area pays annually through any millage, local appropriation, or other local support furnished for library service.

(e) "State librarian" means the person appointed by the governor to serve as the state librarian.

(f) "Substantial modification" means any change to a cooperative library plan of service that involves a change in public library membership which would require a change in the legal boundaries of a cooperative library as originally approved by the department.

History

History: 2009 AACS.

Mich. Admin. Code R 397.05 Inclusion of definitions {#sec-r-397.05 omnilex-key=us-mi-regs-official--dept-education--R 397.05}

Rule 5. A definition that is used in the act has the same meaning when used in these rules.

PART 2. APPLICATION FOR STATE AID

History

History: 2009 AACS.

Mich. Admin. Code R 397.21 Application process for state aid {#sec-r-397.21 omnilex-key=us-mi-regs-official--dept-education--R 397.21}

Rule 21. (1) Applications for state aid shall be submitted as follows:

(a) Each applicant for state aid shall submit an application for state aid by electronic means. This submission shall be filed annually with the department between October 1 and not later than February 1.

(b) After the application for state aid is electronically submitted to the department, an authorized representative of the applicant shall sign an original signature page and mail it to the department postmarked not later than February 5.

(2) The department shall not approve any application for state aid submitted after the dates specified within subdivisions (a) and (b) of subrule (1) of this rule.

History

History: 2009 AACS.

Mich. Admin. Code R 397.22 Contract area populations {#sec-r-397.22 omnilex-key=us-mi-regs-official--dept-education--R 397.22}

Rule 22. State aid for a public library furnishing library service under a library service contract shall be calculated as follows:

(a) A public library's state aid service population shall include a contract area population if the library has served the contract area for 6 months or longer during the library's state aid reporting year.

(b) If 2 or more public libraries have each served the same contract area for less than 6 months during their respective reporting years, the library with the greatest time of service to the contract area within its reporting year shall include the contract area in its legal service area population.

(c) If 2 public libraries have served the same contract area for the same length of time but for less than 6 months during the reporting year, the public library whose contract was in force the nearest to October 1 of the year of state aid distribution shall include the contract area in its legal service area population.

(d) If a contract area is served by only 1 public library for less than 6 months in its reporting year and no other public library furnished service during the same reporting year, the public library shall include the contract area in the calculation of its legal service area population.

(e) A public library may require a contracting municipality to pay a reasonable fee based on the contracting municipality's population in addition to state aid funds and penal fine monies that may be paid as library service contract consideration.

(f) If a public library has contracted with a municipality for the provision of library service and the total local support for the legal service area population is less than the minimum local support requirement mandate in section 5(a) of the act, MCL 397.555(a), each governmental unit comprising the legal service area population may be treated as a separate unit and each unit shall meet the minimum support requirement prescribed in section 5(a) of the act, MCL 397.555(a).

PART 3. GENERAL REQUIREMENTS FOR PUBLIC LIBRARIES

History

History: 2009 AACS.

Mich. Admin. Code R 397.31 General requirements for public libraries {#sec-r-397.31 omnilex-key=us-mi-regs-official--dept-education--R 397.31}

Rule 31. (1) To be eligible for state aid under section 16(2) of the act, MCL 397.566(2), and in addition to the state aid eligibility requirements prescribed by the act and by R 397.41 to R 397.46, a public library shall meet all of the following:

(a) A public library shall be lawfully established under state law and local action or special act of the legislature.

(b) A public library shall provide library service to its legal service area population.

(c) A public library shall employ the requisite number of paid certified persons for every hour the library is required to be open, subject to the following exceptions:

(i) The personnel requirements do not apply with respect to personnel with valid certificates who were employed by a public library as of October 1, 2009. When a person employed as of October 1, 2009 leaves the position, the position shall be filled in compliance with the minimum requirements for the library to remain eligible for state aid.

(ii) A public library that does not comply with personnel requirements due to a change in class level following the application of a decennial census is eligible for state aid if the personnel continue to present valid certificates and were employed before the library received notification of the change in class level. When a person employed before the change in class level leaves the position, the position shall be filled in accordance with the personnel requirements in order for the library to remain eligible for state aid.

(d) The minimum hours of accessibility requirements prescribed by R 397.41 to R 397.46 shall be maintained for not less than 9 months during the 12-month operating period and as follows:

(i) Accessible hours shall include evening hours or weekend hours, or both.

(ii) If a public library has more than 1 branch and if the hours for the main library building and each established branch library are different, the unduplicated hours may be added together to satisfy the minimum open hours requirement.

(2) A public library that shifts to a higher class level because of a change in its legal service area population shall meet the higher level of standard for accessibility and personnel not later than the beginning of its next reporting year after the library has received notice from the department of the change of library class.

(3) A public library is eligible for state aid under section 16(4) of the act, MCL 397.566, if it complies with these rules and is a participating member of a cooperative library for not less than 30 days prior to September 30 of the reporting year.

(4) A public library is eligible for state aid under section 16(5) of the act, MCL 397.566, if it meets county reimbursable salary requirements as required by the act.

PART 4. PUBLIC LIBRARY REQUIREMENTS BASED ON CLASS SIZE

History

History: 2009 AACS.

Mich. Admin. Code R 397.41 Class 1 public library; eligibility {#sec-r-397.41 omnilex-key=us-mi-regs-official--dept-education--R 397.41}

Rule 41. (1) A class 1 public library serves a population of 3,999 or less.

(2) A class 1 public library shall be accessible for a minimum of 15 hours per week.

(3) A class 1 public library shall employ a director possessing at least a level 4 certificate.

The director shall complete beginning director training within 1 year of initial directorship appointment. This subrule does not apply to a director who has completed beginning director training prior to his or her appointment as a director.

(4) A class 1 public library shall employ a director at least 15 hours per week.

History

History: 2009 AACS.

Mich. Admin. Code R 397.42 Class 2 public library; eligibility {#sec-r-397.42 omnilex-key=us-mi-regs-official--dept-education--R 397.42}

Rule 42. (1) A class 2 public library serves a population of 4,000 to 6,999.

(2) A class 2 public library shall be accessible for a minimum of 20 hours per week.

(3) A class 2 public library shall employ a director possessing at least a level 4 certificate.

(4) A class 2 public library shall employ a director at least 20 hours per week.

History

History: 2009 AACS.

Mich. Admin. Code R 397.43 Class 3 public library; eligibility {#sec-r-397.43 omnilex-key=us-mi-regs-official--dept-education--R 397.43}

Rule 43. (1) A class 3 public library serves a population of 7,000 to 11,999.

(2) A class 3 public library shall be accessible for a minimum of 30 hours per week.

(3) A class 3 public library shall employ a director possessing at least a level 3 certificate.

(4) A class 3 public library shall employ a director at least 30 hours per week.

(5) A class 3 public library shall employ at least 1 staff person, excluding a director, who possesses at least a level 4 certificate.

History

History: 2009 AACS.

Mich. Admin. Code R 397.44 Class 4 public library; eligibility {#sec-r-397.44 omnilex-key=us-mi-regs-official--dept-education--R 397.44}

Rule 44. (1) A class 4 public library serves a population of 12,000 to 25,999.

(2) A class 4 public library shall be accessible for a minimum of 40 hours per week.

(3) A class 4 public library shall employ a director possessing at least a level 2 certificate.

The director shall complete beginning director training within 1 year of initial directorship appointment and complete advanced director training within 2 years of initial appointment.

This subrule does not apply to directors that have completed beginning director and advanced director training prior to their appointment as a director.

(4) A class 4 public library shall employ a director at least 35 hours per week.

(5) A class 4 public library shall employ at least 1 staff person, excluding the director, who possesses at least a level 4 certificate.

History

History: 2009 AACS.

Mich. Admin. Code R 397.45 Class 5 public library; eligibility {#sec-r-397.45 omnilex-key=us-mi-regs-official--dept-education--R 397.45}

Rule 45. (1) A class 5 public library serves a population of 26,000 to 49,999.

(2) A class 5 public library shall be accessible for a minimum of 50 hours per week.

(3) A class 5 public library shall employ a director possessing a level 1 certificate. The director shall complete beginning director training within 1 year of initial directorship appointment and complete advanced director training within 2 years of initial appointment.

This subrule does not apply to directors that have completed beginning director and advanced director training prior to their appointment as a director.

(4) A class 5 public library shall employ a director at least 35 hours per week.

(5) A class 5 public library shall employ at least 1 staff person, excluding the director, who possesses at least a level 3 certificate per 20,000 population served.

History

History: 2009 AACS.

Mich. Admin. Code R 397.46 Class 6 public library; eligibility {#sec-r-397.46 omnilex-key=us-mi-regs-official--dept-education--R 397.46}

Rule 46. (1) A class 6 public library serves a population of 50,000 or more.

(2) A class 6 public library shall be accessible for a minimum of 55 hours per week.

(3) A class 6 public library shall employ a director possessing a level 1 certificate. The director shall complete beginning director training within 1 year of initial directorship appointment and complete advanced director training within 2 years of initial appointment.

This subrule does not apply to directors that have completed beginning director and advanced director training prior to their appointment as a director.

(4) A class 6 public library shall employ a director at least 35 hours per week.

(5) A class 6 public library shall employ at least 1 staff person, excluding the director, who possesses at least a level 3 certificate per 20,000 population served.

PART 5. SCHOOL PUBLIC LIBRARY REQUIREMENTS

History

History: 2009 AACS.

Mich. Admin. Code R 397.51 Additional requirements for school public libraries {#sec-r-397.51 omnilex-key=us-mi-regs-official--dept-education--R 397.51}

Rule 51. In addition to the requirements prescribed in parts 3 and 4 of these rules, a school district public library shall meet all of the following:

(a) The board of education shall appoint a library board, commission, or committee charged with making recommendations for the development of public library services and may ascribe any powers and duties necessary for implementation.

(b) The board of education shall budget separate funds for the public library program, exclusive of funds for school library service and report expenditures to the department.

(c) Penal fines, library millage proceeds, money donated to or collected by the school public library, payments of state aid to the school public library, and the interest on these funds shall be used for public library service only.

(d) Library funds described in subdivision (c) of this subrule, shall be kept in accordance with section 1215 of 1976 PA 451, MCL 380.1215 and section 20 of the act, MCL 397.570.

(e) The library shall not be used regularly as a classroom or study hall.

(f) Public library service shall be maintained 12 months a year.

(g) During the months the school is in operation, the library shall be open at least 10 hours per week outside the schedule of school hours.

(h) The library shall acquire materials suited to the needs of its legal service area population.

(i) A sign shall be placed outside of the building where the library is located announcing the name of the public library and the weekly hours of operation when the library is available for the use of its legal service area population.

PART 6. COOPERATIVE LIBRARY REQUIREMENTS

History

History: 2009 AACS.

Mich. Admin. Code R 397.61 Cooperative library eligibility requirements {#sec-r-397.61 omnilex-key=us-mi-regs-official--dept-education--R 397.61}

Rule 61. (1) To be eligible for state aid under section 13 of the act, MCL 397.563, a cooperative library shall meet the all of the following:

(a) A cooperative library shall be lawfully established as provided under the act.

(b) A cooperative library shall submit a cooperative plan as provided by R 397.62.

(c) The cooperative library shall employ a director for at least 6 months during the reporting year possessing all of the following:

(i) A level 1 professional certificate as described in R 397.81.

(ii) At least 2 years of full time professional administrative experience.

(iii) Completion of advanced director training within 1 year of appointment.

(d) The cooperative library shall file with the department verification of current fidelity bond coverage. The verification shall be submitted with the original signature page of the annual application for state aid.

(2) The final annual state aid payment may be distributed to a cooperative library upon completion of all of the following:

(a) The cooperative library files with the department a copy of an annual financial audit completed within 12 months following the close of the fiscal year.

(b) If the annual financial audit report disclosed a deficit or other material deficiency, the cooperative library shall submit a corrective action plan for review and approval by the department.

(c) If a deficit is disclosed, the corrective action plan shall include a deficit elimination plan and proof that the plan was filed with the department of treasury, as required by section 21 of 1971 PA 140, MCL 141.921.

History

History: 2009 AACS.

Mich. Admin. Code R 397.62 Cooperative library plan {#sec-r-397.62 omnilex-key=us-mi-regs-official--dept-education--R 397.62}

Rule 62. (1) A cooperative library shall submit a cooperative plan as prescribed by section 9 of the act, MCL 397.559. The plan shall include all of the following:

(a) A description of the basic services offered by the cooperative library, as approved by the department.

(b) A description of the cooperative library services offered by a participating library and furnished to members of the cooperative library.

(c) A description of the cooperative library services furnished by a contracting third party to members of the cooperative library.

(d) A specification of services that shall be paid for by members.

(e) The budget approval process to be utilized by the cooperative library.

(f) The process for cooperative member withdrawal.

(2) When substantially modifying a cooperative library plan a cooperative library board shall do all of the following:

(a) Give notice to participating libraries describing the proposed substantial modification.

(b) Give notice to participating libraries of submission of the substantial modification to the department.

(3) A cooperative library plan may include a provision authorizing a cooperative advisory council in addition to the cooperative governing board.

(4) Upon receipt of the plan of service or a substantial modification to a plan of service the department shall do the following within 30 days of the date of receipt:

(a) Approve the plan of service or a substantial modification to the plan of service and furnish the approval in writing.

(b) Deny the plan of service or the substantial modification to the plan of service and furnish the reasons for denial in writing.

(5) If the department does not respond to the cooperative library within 30 days of receipt of a plan of service or a substantial modification to a plan of service, the plan of service or substantial modification to the plan of service is deemed approved.

PART 7. APPLICATION FOR PROFESSIONAL CERTIFICATION

History

History: 2009 AACS.

Mich. Admin. Code R 397.71 Certification application and renewal {#sec-r-397.71 omnilex-key=us-mi-regs-official--dept-education--R 397.71}

Rule 71. (1) A candidate seeking professional certification shall submit an application and credentials to the department for evaluation and approval. Proof of educational credentials may be made by submission of a sealed, certified transcript from a college or university or a statement from an authorized official of the accredited institution granting the credits.

(2) A certification level of 2 to 4 may be upgraded if an individual completes the requirements to achieve the next certification level as described in R 397.81 to R 397.84.

To request a change in certification level an applicant shall complete the following:

(a) Contact the department in writing describing the reason for requesting the change in certification level and to verify the name on the existing record.

(b) Complete and submit an upgrade request form.

(c) Submit a sealed and certified transcript to the department that demonstrates that the requisite degree has been obtained.

(3) Professional experience for level 1 certification shall be documented through completion and submission of an upgrade request form and by letters from current or previous employers verifying the job title or responsibilities assigned the individual and documenting the hours worked following receipt of the master of library science degree or its equivalent. The employer shall mail each verification letter to the department.

(4) An aggrieved applicant may appeal a certification decision as specified in R 397.92.

History

History: 2009 AACS.

Mich. Admin. Code R 397.72 Certification revocation {#sec-r-397.72 omnilex-key=us-mi-regs-official--dept-education--R 397.72}

Rule 72. In accordance with the support and parenting time enforcement act, the department shall revoke a certificate upon receipt of a court order to revoke. The department shall give notice of revocation to the employing library on record.

PART 8. PROFESSIONAL CERTIFICATION

History

History: 2009 AACS.

Mich. Admin. Code R 397.81 Level 1 certification {#sec-r-397.81 omnilex-key=us-mi-regs-official--dept-education--R 397.81}

Rule 81. The library of Michigan shall grant a level 1 professional certificate to a person possessing all of the following qualifications:

(a) A master's degree or its equivalent from a library school accredited by the American library association.

(b) Four years of full-time employment, or an equivalent time period, consisting of paid professional library work experience in a library approved by the department following the completion of educational requirements.

History

History: 2009 AACS.

Mich. Admin. Code R 397.82 Level 2 certification {#sec-r-397.82 omnilex-key=us-mi-regs-official--dept-education--R 397.82}

Rule 82. The library of Michigan shall grant a level 2 professional certificate to a person possessing a master's degree or its equivalent from a library school accredited by the American library association.

History

History: 2009 AACS.

Mich. Admin. Code R 397.83 Level 3 certification {#sec-r-397.83 omnilex-key=us-mi-regs-official--dept-education--R 397.83}

Rule 83. The library of Michigan shall grant a level 3 professional certificate to a person possessing all of the following qualifications:

(a) A bachelor's degree from an accredited college or university.

(b) Completion of the beginning workshop offered by the library of Michigan.

History

History: 2009 AACS.

Mich. Admin. Code R 397.84 Level 4 certification {#sec-r-397.84 omnilex-key=us-mi-regs-official--dept-education--R 397.84}

Rule 84. The library of Michigan shall grant a level 4 professional certificate to a person possessing all of the following qualifications:

(a) A high school diploma or its equivalent.

(b) Completion of the beginning workshop offered by the library of Michigan.

(c) One year of full-time employment or its equivalent consisting of library work experience following the completion of educational requirements.

History

History: 2009 AACS.

Mich. Admin. Code R 397.85 Certification revisions {#sec-r-397.85 omnilex-key=us-mi-regs-official--dept-education--R 397.85}

Rule 85. Upon promulgation of these rules an individual possessing a professional certification level of either 4 or 5 shall be recognized by the department as possessing a level 3 professional certification. An individual possessing a professional certification level of either 6 or 7 shall be recognized by the department as possessing a level 4 professional certification.

PART 9. WAIVER AND APPEAL

History

History: 2009 AACS.

Mich. Admin. Code R 397.91 Waiver of state aid eligibility requirements {#sec-r-397.91 omnilex-key=us-mi-regs-official--dept-education--R 397.91}

Rule 91. (1) The department, through the department director, may grant a limited waiver to a cooperative library or public library for a particular eligibility requirement prescribed by these rules for the receipt of state aid funds, if the public library or cooperative library requests the waiver in writing and the public library board or cooperative board shows that the failure to meet a requirement was not a continuing violation but a temporary condition.

The department director may delegate the authority to the state librarian to grant waivers in writing.

(2) The department may consider waiver in cases where the failure to comply with an eligibility requirement prescribed by these rules is due to unforeseen circumstances beyond the requester's control.

(3) The department shall not grant a waiver unless the applicant submits an action plan for compliance before the end of the next reporting year.

(4) The department shall issue a written decision concerning each waiver request within 30 days of receiving the request.

(5) The department's decision is binding.

(6) A separate waiver request is required for each state aid filing year.

History

History: 2009 AACS.

Mich. Admin. Code R 397.92 Professional certification review {#sec-r-397.92 omnilex-key=us-mi-regs-official--dept-education--R 397.92}

Rule 92. (1) A person may request a review of a denial of her or his application for professional certification submitted under these rules. A person who requests a review shall follow the procedures prescribed in this rule.

(2) To file a review under this rule, a requestor shall submit a written request that specifically states the word "review" and states the reasons for reversal of the denial. For the requestor's review to be considered, the requestor shall file his or her review request within 60 days of the requestor's receipt of the decision subject to review. The request for review shall be addressed to the Chief Appeals Officer, Michigan Department of History, Arts, and Libraries, 702 W. Kalamazoo, P.O. Box 30738, Lansing, MI 48909- 8238. All information, records, and other materials that the requestor wants to be considered shall accompany the written request for review.

(3) The chief appeals officer shall contact the library of Michigan and obtain a copy of the library of Michigan's official file on the application at issue. The officer shall not conduct a hearing, but shall consider all of the following:

(a) The library of Michigan's file.

(b) All written submissions from the requestor.

(d) Any other available information.

(4) Within 60 days, the chief appeals officer shall prepare a written decision and shall furnish a copy of the decision to the requestor and the library of Michigan. A review constitutes an administrative review of the denial and is not conducted as a contested case proceeding.

(5) When considering the review, the chief appeals officer shall assess alleged errors in professional judgment and other alleged prejudicial errors of fact or law. The officer may base a decision in whole or in part on matters or factors not addressed in the action subject to review. When rendering a decision, the officer may do 1 of the following:

(a) Reverse the denial.

(b) Affirm the denial.

(e) Resubmit the matter to the library of Michigan for further consideration.

(6) The decision of the chief appeals officer is the final decision on the review. A person may not be deemed to have exhausted his or her administrative remedies with respect to the certifications governed by these rules until the officer has issued a final administrative decision under these rules.

History

History: 2009 AACS.