Mich. Admin. Code R. 340.1733

Current through Vol. 24-19, November 1, 2024
Section R. 340.1733 - Program and service requirements

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.

Mich. Admin. Code R. 340.1733

1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1995 AACS; 2002 AACS; 2004 AACS; 2010 AACS; 2024 MR 12, Eff. 6/27/2024