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Question:
I am a parent of a child who has just been found
eligible for special education services. When I talk with other
parents of special education students and with school officials they
are always talking about the "law and rules". What laws and rules are
they referring to? How do I become familiar with them?
Answer:
See Part III Below; see
previous postings for PART I - OVERVIEW
and PART II - FEDERAL ROLE
PART III - STATE ROLE
State Law - The state's requirements for the operation of its public
and private schools in found in the Michigan Revised School Code. As
is done on the federal level, once a law is passed and signed by the
governor, it is codified under a subject matter titling system. In
Michigan, the School Code is in Chapter 380, found in the Michigan
Complied Laws - MCL 380.1.
http://michiganlegislature.org/law/mileg.asp?page=print&objName=mcl-chap380.
In terms of special education services, the Michigan Legislature
assigned to the State Board of Education the authority to create rules
that insure that special education programs comply with federal law
and regulations, as well as to insure that the maximum potential of
each disabled student was met (MCL 380.1701). The Michigan Department
of Education (MDOE), through a public hearing process adopted rules to
implement both the federal standards and the increased benefits
provided for by the Michigan legislature.
These rules are found in the Michigan Revised Administrative Rules for
Special Education; which had nine parts and is indexed by a numbering
system starting at Part I, with R 340.1701. Based on the federal
Department of Education adopting new regulations after IDEA was
amended by Congress in 1997, Michigan was also required to change its
old rules. That process started with MDOE soliciting public comments
on the proposed rules starting in 2001. Then there was a court ordered
delay in the implementation of the proposed rules, followed by
significant revision to the proposed rules. Many of the new rules
become "law" on June 4, 2002. Those rules are indexed from R 340.1701
to R 340.1861. For most schools, this "rulebook" is a primary source
of special education law. Additional rules related to special
education process and procedures are now open for public comment
through September 30, 2002. A copy of the new Michigan rules can be
obtained from the Michigan Department of Education or downloaded from
http://www.michigan.gov/documents/Rules_28909_7.pdf.
In the author's opinion, it is unfortunate that the new rules are now
silent in areas where the federal regulations control. Therefore, to
effectively understand "the law", one must have available (and locate
the proper section) both the federal regulations from the CFR's and
the state's "R rules".
Hope this helps your understanding;
John Brower, JD
Education Law Center, PLLC
www.michedlawcenter.com
NOTE: Next week, Part IV - Local Role and Suggestions.
Education
Law Center, PLLC · 810-227-9850 ·
www.michedlawcenter.com
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