House Introduced Bill 6146

HOUSE BILL No. 6146

September 22, 1998, Introduced by Rep. Law and referred to the Committee on Appropriations.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 4, 6, 1701, 1711, and 1751 (MCL 380.4,

380.6, 380.1701, 380.1711, and 380.1751), section 6 as amended by

1995 PA 289, and by adding section 1704.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 4. (1) "Educational media center" means a program

2 operated by an intermediate school district and approved by the

3 state board, which provides services to local school districts or

4 constituent districts under section 671.

5 (2) "Handicapped person" OR "PERSON WITH DISABILITIES" shall

6 be defined by rules promulgated by the state board. Handicaps OR

7 DISABILITIES include, but are not limited to, mental, physical,

8 emotional, behavioral, sensory, and speech handicaps OR

9 DISABILITIES. BEGINNING JULY 1, 2004, HANDICAPPED PERSON OR

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1 PERSON WITH DISABILITIES DOES NOT INCLUDE A PERSON WHO IS OLDER

2 THAN AGE 21.

3 (3) "Intermediate school board" means the board of an inter-

4 mediate school district.

5 (4) "Intermediate school district" means a corporate body

6 established under part 7.

7 (5) "Intermediate school district election" means an elec-

8 tion called by an intermediate school board and held on the date

9 of the annual school elections of constituent districts or on a

10 date determined by the intermediate school board under sections

11 661 and 662.

12 (6) "Intermediate school elector" means a person who is a

13 school elector of a constituent district and who is registered in

14 the city or township in which the person resides.

15 (7) "Intermediate superintendent" means the superintendent

16 of an intermediate school district.

17 Sec. 6. (1) "School district" or "local school district"

18 means a general powers school district organized under this act,

19 regardless of previous classification, or a school district of

20 the first class.

21 (2) "School elector" means a person qualified as an elector

22 under section 492 of the Michigan election law, Act No. 116 of

23 the Public Acts of 1954, being section 168.492 of the Michigan

24 Compiled Laws 1954 PA 116, MCL 168.492, registered as provided

25 in part 12, and resident of the school district, local act school

26 district, or intermediate school district on or before the

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1 thirtieth day before the next ensuing annual or special school

2 election.

3 (3) "School month" means a 4-week period of 5 days each

4 unless otherwise specified in the teacher's contract.

5 (4) "Special education building and equipment" means a

6 structure or portion of a structure or personal property accept-

7 ed, leased, purchased, or otherwise acquired, prepared, or used

8 for special education programs and services.

9 (5) "Special education personnel" means persons engaged in

10 and having professional responsibility for the training, care,

11 and education of handicapped persons WITH DISABILITIES in spe-

12 cial education programs and services including, but not limited

13 to, teachers, aides, school social workers, diagnostic personnel,

14 physical therapists, occupational therapists, audiologists,

15 teachers of speech and language, instructional media-curriculum

16 specialists, mobility specialists, teacher consultants, supervi-

17 sors, and directors.

18 (6) "Special education programs and services" means, SUBJECT

19 TO SECTION 1704, educational and training services designed for

20 handicappers PERSONS WITH DISABILITIES and operated by local

21 school districts, local act school districts, intermediate school

22 districts, the Michigan school for the blind, the Michigan school

23 for the deaf, the department of mental health, the department of

24 social services, or a combination thereof, and ancillary profes-

25 sional services for handicappers PERSON WITH DISABILITIES

26 rendered by agencies approved by the state board. The SUBJECT

27 TO SECTION 1704, THE programs shall include vocational training,

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1 but need not include academic programs of college or university

2 level.

3 (7) "State approved nonpublic school" means a nonpublic

4 school that complies with Act No. 302 of the Public Acts of

5 1921, being sections 388.551 to 388.558 of the Michigan Compiled

6 Laws 1921 PA 302, MCL 388.551 TO 388.558.

7 (8) "State board" means the state board of education unless

8 clearly otherwise stated.

9 (9) "Department" means the department of education created

10 and operating under sections 300 to 305 of the executive organi-

11 zation act of 1965, Act No. 380 of the Public Acts of 1965,

12 being sections 16.400 to 16.405 of the Michigan Compiled Laws

13 1965 PA 380, MCL 16.400 TO 16.405.

14 (10) "State school aid" means allotments from the general

15 appropriating act for the purpose of aiding in the support of the

16 public schools of the state.

17 (11) "The state school aid act of 1979" means Act No. 94 of

18 the Public Acts of 1979, being sections 388.1601 to 388.1772 of

19 the Michigan Compiled Laws 1979 PA 94, MCL 388.1601 TO

20 388.1772.

21 Sec. 1701. The SUBJECT TO SECTION 1704, THE state board

22 shall:

23 (a) Develop, establish, and continually evaluate and modify

24 in cooperation with intermediate school boards, a state plan for

25 special education which shall provide for the delivery of special

26 education programs and services designed to develop the maximum

27 potential of every handicapped person WITH DISABILITIES. The

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1 plan shall coordinate all special education programs and

2 services.

3 (b) Require each intermediate school board to submit a plan

4 pursuant to section 1711, in accordance with the state plan, to

5 be approved by the state board.

6 (c) Promulgate rules setting forth the requirements of the

7 plans and procedures for submitting them.

8 SEC. 1704. NOTWITHSTANDING ANY OTHER SECTION OF THIS ACT OR

9 ANY RULE OF THE STATE BOARD, BEGINNING JULY 1, 2004, A SCHOOL

10 DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE SCHOOL DIS-

11 TRICT, OR PUBLIC SCHOOL ACADEMY IS NOT REQUIRED TO PROVIDE SPE-

12 CIAL EDUCATION PROGRAMS AND SERVICES TO AN INDIVIDUAL WHO IS

13 OLDER THAN AGE 21. THE STATE BOARD SHALL NOT PROMULGATE OR

14 ENFORCE A RULE THAT CONFLICTS WITH THIS SECTION.

15 Sec. 1711. (1) The SUBJECT TO SECTION 1704, THE interme-

16 diate school board shall:

17 (a) Develop, establish, and continually evaluate and modify

18 in cooperation with its constituent districts, a plan for special

19 education which shall provide for the delivery of special educa-

20 tion programs and services designed to develop the maximum poten-

21 tial of each handicapped person WITH DISABILITIES of whom the

22 intermediate school board is required to maintain a record under

23 subdivision (f). The plan shall coordinate the special education

24 programs and services operated or contracted for by the constitu-

25 ent districts and shall be submitted to the state board for its

26 approval.

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1 (b) Contract for the delivery of a special education program

2 or service, in accordance with the intermediate school district

3 plan in compliance with section 1701. Under the contract the

4 intermediate school board may operate special education programs

5 or services and furnish transportation services and room and

6 board.

7 (c) Employ or engage special education personnel in accord-

8 ance with the intermediate school district plan, and appoint a

9 director of special education meeting the qualifications and

10 requirements of the rules promulgated by the state board.

11 (d) Accept and use available funds or contributions from

12 governmental or private sources for the purpose of providing spe-

13 cial education programs and services consistent with this

14 article.

15 (e) Lease, purchase, or otherwise acquire vehicles, sites,

16 buildings, or portions thereof, and equip them for its special

17 education staff, programs, and services.

18 (f) Maintain a record of each handicapped person WITH

19 DISABILITIES under 26 years of age, who is a resident of 1 of its

20 constituent districts and who has not completed a normal course

21 of study and graduated from high school, and the special educa-

22 tion programs or services in which the handicapped person WITH

23 DISABILITIES is participating on the fourth Friday after Labor

24 day and Friday before Memorial day. The sole basis for determin-

25 ing the local school district in which a handicapped person

26 WITH DISABILITIES is a resident shall be the rules promulgated by

27 the state board notwithstanding the provisions of section 1148.

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1 The records shall be maintained in accordance with rules

2 promulgated by the state board. BEGINNING JULY 1, 2004, THIS

3 SUBDIVISION APPLIES ONLY TO A PERSON WITH DISABILITIES WHO IS

4 UNDER 21 YEARS OF AGE.

5 (g) Have the authority to place in appropriate special edu-

6 cation programs or services a handicapped person WITH

7 DISABILITIES for whom a constituent district is required to pro-

8 vide special education programs or services under section 1751.

9 (h) Investigate special education programs and services

10 operated or contracted for by the intermediate school board or

11 constituent district boards and report in writing failures to

12 comply with the provisions of a contract, statute, or rule gov-

13 erning the special education programs and services or with the

14 intermediate school district plan, to the local school district

15 board and to the state board.

16 (i) Operate the special education programs or services or

17 contract for the delivery of special education programs or serv-

18 ices by local school district boards, in accordance with section

19 1702, as if a local school district under section 1751. The con-

20 tract shall provide for items stated in section 1751 and shall be

21 approved by the state board. The intermediate school board shall

22 contract for the transportation, or room and board, or both, or

23 persons participating in the program or service as if a local

24 school district board under sections 1756 and 1757.

25 (j) Receive the report of a parent or guardian or, with the

26 consent of a parent or guardian, receive the report of a licensed

27 physician, registered nurse, social worker, or school or other

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1 appropriate professional personnel whose training and

2 relationship to handicapped persons WITH DISABILITIES provide

3 competence to judge same and who in good faith believes that a

4 person under 26 years of age examined by the professional is or

5 may be handicapped A PERSON WITH DISABILITIES, and immediately

6 evaluate the person pursuant to rules promulgated by the state

7 board. BEGINNING JULY 1, 2004, THIS REQUIREMENT APPLIES ONLY IF

8 THE PERSON IN QUESTION IS UNDER 21 YEARS OF AGE. A person making

9 or filing this report or a local school district board shall not

10 incur liability to a person by reason of filing the report or

11 seeking the evaluation, unless lack of good faith is proven.

12 (k) Evaluate pupils in accordance with section 1311.

13 (2) The intermediate school board may expend up to 10% of

14 the annual budget but not to exceed $12,500.00, for special edu-

15 cation programs approved by the intermediate school board without

16 having to secure the approval of the state board.

17 Sec. 1751. (1) The SUBJECT TO SECTION 1704, THE board of

18 a local school district shall provide special education programs

19 and services designed to develop the maximum potential of each

20 handicapped person WITH DISABILITIES in its district on record

21 under section 1711 for whom an appropriate educational or train-

22 ing program can be provided in accordance with the intermediate

23 school district special education plan, in either of the follow-

24 ing ways or a combination thereof:

25 (a) Operate the special education program or service.

26 (b) Contract with its intermediate school board, another

27 intermediate school board, another local school district board,

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1 an adjacent school district board in a bordering state, the

2 Michigan school for the blind, the Michigan school for the deaf,

3 the department of mental health, the department of social serv-

4 ices, or any combination thereof, for delivery of the special

5 education programs or services, or with an agency approved by the

6 state board for delivery of an ancillary professional special

7 education service. The intermediate school district of which the

8 local school district is constituent shall be a party to each

9 contract even if the intermediate school district does not par-

10 ticipate in the delivery of the program or services.

11 (2) A local school district contract for the provision of a

12 special education program or service shall provide specifically

13 for:

14 (a) Special education buildings, equipment, and personnel

15 necessary for the operation of the subject program or service.

16 (b) Transportation or room and board, or both, for persons

17 participating in the programs or services as required under sec-

18 tions 1756 and 1757.

19 (c) The contribution to be made by the sending local school

20 district if the program or service is to be operated by another

21 party to the contract. The contribution shall be in accordance

22 with rules promulgated by the state board.

23 (d) Other matters which the parties deem CONSIDER

24 appropriate.

25 (3) Each program or service operated or contracted for by a

26 local school district shall be in accordance with the

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1 intermediate school district's plan established pursuant to

2 section 1711.

3 (4) A local school district may provide additional special

4 education programs and services not included in, or required by,

5 the intermediate school district plan.

6 (5) This section shall be construed to allow operation of

7 programs by departments of state government without local school

8 district contribution.

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