Section R. 340.1721b - Public agency responsibilities and timelinesRule 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: (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 parentally-placed 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:(ii) Be measured in school days.(c) Comply with the requirements of 34 CFR 300.130 to 300.147.Mich. Admin. Code R. 340.1721b
1980 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2011 AACS; 2013 AACS; 2024 MR 12, Eff. 6/27/2024