Update on Michigan’s Special Education Administrative Rules

Update on Michigan’s Special Education Administrative Rules Joanne Winkelman, Ph.D. Policy Coordinator Office of Special Education and Early Intervention Services

Major Rule Changes April 2009 • Extended School Year • One-Tier Complaint System

ESY in Michigan Rules • ESY never mentioned in Michigan Rules until now • Rules 340.1738 and 340.1748 (“230 day programs”) were longer school year programs but not ESY • Proposed rule changes in Rules 340.1738 and 340.1748 triggered ESY discussion • State Board of Education (SBE) Policy developed out of that discussion • Michigan Department of Education promulgated a new ESY rule as a result of the SBE Policy

State Board of Education • ESY Policy approved on August 12, 2008 • SBE approved ESY Standards and ESY Guidance documents • ESY Rule codifies the SBE policy • ESY Rule took effect April 3, 2009

Difference between Standards and Guidance Documents • Guidance document is an expanded version of the Standards • All the Standards are included in the Guidance document

Standards • ESY must be considered for every student at every Individualized Education Program (IEP) Team meeting • ESY decisions are made by the IEP Team • ESY decisions are determined individually • May not be based on disability • May not be based on program placement

Consideration of ESY Services • Is there one or more current annual goal(s) that address skills which need to be maintained without interruption for the student to benefit meaningfully from FAPE? • A goal area of concern should represent skills essential to the progress of the student

Consideration continued • If there is no goal area of concern, ESY services are not needed for FAPE • If there is one or more identified goal area(s) of concern, there are several questions that must be answered by the IEP Team

Question 1 • Are there data that indicate to the IEP Team that in the identified goal area(s) of concern there is a serious potential for regression of skills beyond a reasonable period of recoupment?

Question 2 • Are there data regarding the nature or severity of disability of the student that indicate to the IEP Team that there is a need to provide services in the identified goal area(s) of concern during breaks in the school year?

Question 3 • Is there information that indicates to the IEP Team in identified goal area(s) of concern 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?

Other factors to be considered • Determination of need for ESY must be based on data • Determination of need for ESY may not be based on a formula • ESY services can be provided in a variety of ways

More factors to consider • Least restrictive requirements (LRE) for ESY • Services are not identical to LRE requirements for the normal school year • ESY is provided only for goal area(s) of concern • New annual goals are not developed for ESY services • Consideration of ESY services must be made in a timely manner

Guidance • Expanded version of the Standards • Includes: • Legal framework for ESY • More detailed explanations of the questions and factors • One page summary • Flow chart for decision making • Resources • Glossary of terms

Rule 340.1721e (d) A statement documenting that extended school year services were considered. (3) In considering extended school year services, the individualized education program team shall do all of the following: (a) 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 indicates 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.

Rule 340. 1721e continued (b) If the individualized education program team determines that the data or information in any of subrule (3)(a)(i) to (iii) of this rule indicate a need for extended school year services, then extended school year services shall be included in the student's individualized education program. (c) Determination of the need for extended school year services shall not be based on a formula or policy that prohibits full consideration of the unique educational needs of each student. (d) Related services, transportation, supplementary aids and services, and instructional programming shall be considered when planning a student's extended school year services. (e) Consideration of extended school year services shall be accomplished in sufficient time to make plans for the delivery of extended school year services.

New One-Tier Complaint System

Definition of a State Complaint R 340.1701a(c) of the Michigan Administrative Rules for Special Education (MARSE) defines a state complaint as; A written and signed allegation that includes the facts on which the allegation is based, by an individual or an organization,

Definition of Complaint Continued …that there is a violation of any of the following: • Michigan administrative rules • Michigan education statutes • Federal law or regulations • Intermediate school district plan • Individualized Education Program • Hearing Officer decision • Court decision • State application for federal funds

Complaint Timelines

Compliant “Filed” • The compliant is “filed” when it is received and has all the required components • The investigation must be completed no later than 60 days after the compliant is filed

New Provisions • If the Intermediate School District and Michigan Department of Education determine allegations do not meet the definition of a special education complaint the MDE can dismiss the allegations • Contact information for other agencies that may be able to investigate the non-special education complaint is provided

Resolution Period • The MDE encourages the LEA and Complainant to resolve the complaint prior to investigation • The Michigan Special Education Mediation Program (MSEMP) provides free mediation services

Reconsideration • MDE will reconsider if new or additional information that was not available during the investigation is presented

Proposed Rules • Special education rules have been approved for rulemaking • Fall public hearings • New Interpreter rules • Division on Deaf and Hard of Hearing • Will include all Michigan interpreters including educational interpreters

Documents www.michigan.gov/ose-eis • Administrative Rules for Special Education • Extended School Year Services Standards and Guidelines • State Compliant Procedures and Form • Notice of Public Hearings • What’s New Listserv

Office of Special Education andEarly Intervention Services Contacts • Bob Hove, State Monitor (ESY) 517.373.1691 hover@michigan.gov • Harvalee Saunto, Coordinator of State Complaints and Due Process Hearings 517-241-7507 sauntoh@michigan.gov • Joanne Winkelman, Policy Coordinator 517.373.1696 winkelmanj@michigan.gov

Update on Michigan’s Special Education Administrative Rules