1. MARSE Rule Revisions Effective October 18, 2011 Introductions
Staff introductions with contact information (See next slide)
Summary of Power point (See slide three)
Ground Rules:
Please keep your phones muted
If you have questions please use the chat function
If you are unable to use the chat function we will unmute at the end of the presentation for verbal questions.
We will address all questions at the end of the presentation
PAUSE BETWEEN SLIDES
Effective October 18, 2011

2. Office of Special Education Program Accountability Unit
Sheryl Diamond Cheri Oczepek Nancy Rotarius Joanne Winkelman
12/1/2018

3. Agenda
Purpose
Premise
Process
Overview
12/1/2018

4. Purpose of Revision Alignment with federal requirements
Remove duplication of federal language
Removed language that has no basis in federal or state law
Purpose of the Revision:
Alignment with federal requirements
Removed duplication of federal language
Removed language that has no basis in federal or state law
12/1/2018

5. Premise of State Law Compliment Completes Gaps Clarifies 12/1/2018
We compliment, fill gaps, clarify federal rules
Streamline rules to avoid duplication of federal laws
entire system is being reviewed
12/1/2018

6. Rule Making Process Stakeholder Input Rule Process Public Comment
Revision
Withdrawn
Rule Making Process:
Stakeholder Input
Rule Process: SOAHR, JCAR, LSB
Public Comment
Revised
Withdrew two rules re: cross categorical teacher and hearing impaired teacher, these are not included in this packet, nor will we be addressing this in the power point or Q and A.
12/1/2018

7. Staffing
If you have questions re: this section, please use the blue cards
12/1/2018

8. R 340.1011-340.1017 School Social Work Overview Updated Language
Alignment with National Standards R
Updated language
Not Revised since 1979
Involves roles, competencies and qualifications
Preparation and approval process
Aligns with national and state standards for SSW
MDE sent new rules to IHE’s
IHE’s have 2 years to come into compliance
Impact
IHE: need to review and revise programming
SSW candidates and current: increase functions, added competencies, added to MET
12/1/2018

9. R a: Pg. 28
Teacher Consultant Without A Student Caseload Assignment; Evaluation and Consultation Assignment; Responsibilities
Revised and Clarified
Assignments and Responsibilities
R a TC without a Caseload
New Rule
TC with Evaluation and Consultation Assignment can:
Consult with Teachers on behalf of students with disabilities
Evaluate students
The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously
TC without a caseload should not appear on an IEP
12/1/2018

10. R : Pg. 28
Teacher Consultant With A Student Caseload Assignment; Responsibilities
Revised and Clarified
Assignments and Responsibilities
R : TC with a caseload
TC with a caseload can:
Consult with Teachers on behalf of students with disabilities
Evaluate students
Work directly with student providing instructional services
The teacher consultant shall not serve in supervisory or administrative roles and perform the function of a teacher consultant simultaneously
If a TC is required to provide direct service to a student, as reflected in an IEP, that TC now falls under the category of “with a caseload”
No caseload number changes
IMPACT:
Reporting of Staff
Teacher Assignments
Delivery of Services
12/1/2018

11. R : Pg. 40
Early Childhood Special Education Teachers; Special Requirements Three options for Early Childhood Special Education Teacher
R : Early Childhood
Revised to reflect new state board of Ed standards
2. Three options
An endorsement in both early childhood and special education
A major or minor in early childhood growth education or child growth and development and a special education endorsement with full approval from MDE
An endorsement with a designation of ZS (early childhood general and special education)
3. A teacher who has received full approval as a teacher of preprimary age impaired students shall be deemed to have full approval as an early childhood special education teacher, if the teacher possesses a valid Michigan teaching certificate
This is just a revision from the previous rules
4. IHE programing is currently being reviewed
IMPACT
Staffing of Early Childhood Programs
IHE Course Offerings
12/1/2018

12. Teachers of Students Requiring Adapted Physical Education Requirements
R : Pg. 41
Teachers of Students Requiring Adapted Physical Education Requirements
Increased Educational Requirements
Revisions
R : Teachers of Students Requiring Adapted Physical Education Requirements
These rules have not been revised since the 1980s.
Changed title to align with national language (changed from adaptive to adapted)
Increased semester hours from 9 to 20 courses (not special education)
Modified and added competencies that courses must address
These rules are revised to reflect current practices and standards.
Michigan will now accept a certified adapted PE educator (CAPE) through the adapted PE national standards process (CAPE)
12/1/2018

13. Teachers of Students Requiring Adapted Physical Education; Role
R : Pg. 42
Teachers of Students Requiring Adapted Physical Education; Role
Assessment
Clarification of Roles
R : Teachers of Students Requiring Physical Education Role
Clarified the roles
Assess students for the purpose of providing adapted physical education.
Provide supportive services in general physical education and consultative services to general education physical education teachers
They can still provide adapted PE instruction
IMPACT
IHE Offerings
Adapted PE knowledge base and role
Expanded Supports for Students
12/1/2018

14. Teachers of Students With Visual Impairments; Special Requirements
R b: Pg. 45
Teachers of Students With Visual Impairments; Special Requirements
Revised Educational Requirements
R b: Teachers of Students with Visual Impairments; Special Requirements
Did not increased required semester hours
Clarified and modified the required knowledge basis of VI Teachers
IMPACT
IHE Course Content
12/1/2018

15. Part Two Rebirth
12/1/2018

16. R
Initial Evaluation Timelines, IEP District Responsibilities, and Due Process Procedures
Revise
Rescind
Move
R Initial Timelines, IEP District Responsibilities, and Due Process Procedures: Cheri/Nancy/Joanne
Ambiguities, missing definitions, lacked clarity, created noncompliance.
Use of school days and calendar days in the former rule was inconsistent.
12/1/2018

17. Request for Initial Evaluations
R : Pg. 12
Request for Initial Evaluations
Referral vs. Request
Calendar vs. School Days
R Request for Initial Evaluation:
Removed word referral, now request for an initial evaluation for ages 3-26
Changed Calendar Days to School Days for Request Timeline
Removed duplication of the federal notice requirements
Refers to notice requirements of §
Removed the description of the types of special ed programs in the ISD, No statutory requirement, available in the ISD plan
Note: The consent is only required if the District is determines that evaluation is necessary
12/1/2018

18. R 340.1721a: Pg. 12 Initial Evaluation Consistent with Eligibility
Removed Parent Input
Removed Pre-Referral
R a Initial evaluation:
Made language consistent with the eligibility rules
Removed duplicated REED requirements
Removed parent input requirement because this is required in federal regulation
Removed pre-referral because there is no referral in Michigan rules
Maintains Special Education Consultation to General Education personnel
12/1/2018

19. R 340.1721b: Pg. 12 Time lines Written Request
Notice and Request for Consent
Reevaluations
Extensions
R b:For Initial Evaluations and Reevaluations
There is now 10 school days from receipt of written request for ANY evaluation to provide written notice and consent to evaluate (used to be 7 calendar days)
Avoids vacation/holiday scheduling issues
Makes it consistent with the rest of the rules
2. Notice is now provided by public agency not superintendent or designee
30 school days from consent to FAPE applies to ALL evaluations not just initials
3. IMPORTED FROM R c
4. Extension: needs to be in writing and measured in school days
Example:
A parent requests an evaluation.
Within 10 school days the public agency provides notice and requests parental consent.
Parent returns consent, 30 day timeframe for offer of FAPE or determination of ineligibility begins.
12/1/2018

20. R 340.1721b Time lines Offer of FAPE Documentation of Delivery
Initiation of IEP
R b: Timelines
Offer of FAPE
Replaced the superintendent with public agency for providing offer of FAPE or determination of ineligibility
Added a new timeline: within 7 school days from the date of the IEP meeting, the public agency must provide the notice of FAPE
The offer of FAPE needs to include where will the programs will be provided and when the IEP begins
The public agency shall document mode and date of delivery (It is not required to use registered mail, just document mode and date of delivery),
For ONLY Initial Offer of FAPE, the parent has 10 school days to provide parental consent to initial provision of services
Initiation of Services 15 school days after initial consent or parental receipt of notice
12/1/2018

21. R 340.1721b Time lines Transfer Students
Align with Federal Regulations
Immediately Provide FAPE
Parent Consent vs. Consultation
Previous language required parent consent, consultation with the parents is now required
Following federal regulation, except the feds don’t use the wording immediately provide FAPE
No longer a distinction between in state and out state, this is addressed in federal language
Refers to § for implementation of IEP
A decision regarding implementation within 30 school days of enrollment
Note: If you find out a student has an IEP after 30 days of enrollment, hold an IEP ASAP, and document when you became aware of the IEP.
12/1/2018

22. R e: Pg. 13
IEP
IEP Content
Resident vs. Operating Responsibilities
R e: IEP
Change Title
Removes Superintendent or designee for the convening of IEP
Refers to Requirements of IDEA
Added that annual goals and short term objectives need to be measurable
Retained short term objectives, because it is not required in federal
Removed PLAAFP in federal language
Removed requirement for IEP team to consider need for Particularly Endorsed Teacher, no basis in federal or state la
Imported language from 1721d, The IEP shall not be restricted to the programs and services available
Removed references to Michigan School for the Blind
Imported 1721c(1): Resident District conducts the initial IEP, and all subsequent or authorize the operating district
Imported 1721b(2): Upon the request of the parent a representative of the district of residence shall be invited to the IEP if the district has authorized the operating district to conduct subsequent IEPs
12/1/2018

23. District Responsibilities
R : Pg. 15
District Responsibilities
Revisions and Removals
Updated and Clarified
Imported 1722a
R : District Responsibilities
Revised the title
Removed duplication of federal language: Continuum of Placements, instruction in general education, homebound, hospital…..
Updated and clarified language
Imported the old 1722a (1722(2)): IEP Implementation
IMPACT
District Evaluation Policies and Procedures
Revision of Forms
Revision of Parent Information Materials
Staff Training
Data Input
12/1/2018

24. Part 10
If you have questions regarding this section, please you the green cards
12/1/2018

25. R 340.1862: Pg. 58 Part 10: Birth to Three Brand New IEP vs. IFSP
Michigan Special Education Eligibility
Removes Part B Requirements
R Birth to Three: Sheryl/Joanne/Cheri
Brand new part and new rule for special education eligible children birth to three years old Rational: IEP doesn’t work for 0-3 years old
Retains the word referral for all children 0-3
It eliminates the use of an IEP for children birth to three
Requires the use of an Individualized Family Service Plan (IFSP) in determining and documenting eligibility for Michigan Special Education Children, birth to three
Evaluation must meet the requirements of parts 303 and R to R
Adopts Part C 45 calendar days for evaluations
Birth to Three is not covered by Part B
0-3 is covered by Part C, Section 303
12/1/2018

26. Questions 12/1/2018 Reminder re: questions
Please keep your phones muted
If you have questions please use the chat function
If you are unable to use the chat function we will unmute at the end of the presentation for verbal questions.
Once the phone is unmuted Please raise your hands via the computer
12/1/2018

27. Office of Special Education Program Accountability Unit
Sheryl Diamond Cheri Oczepek Nancy Rotarius Joanne Winkelman WEB ADDRESS:
12/1/2018