May 15, 2012, Introduced by Rep. Yonker and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1711 and 1751 (MCL 380.1711 and 380.1751), as
amended by 2008 PA 1; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1711. (1) The intermediate school board shall do all of
the following:
(a) Develop, establish, and continually evaluate and modify in
cooperation with its constituent districts, a plan for special
education that provides for the delivery of special education
programs
and services designed to develop the maximum potential
meet the individual needs of each student with a disability of whom
the intermediate school board is required to maintain a record
under subdivision (f). The plan shall coordinate the special
education programs and services operated or contracted for by the
constituent districts and shall be submitted to the superintendent
of public instruction for approval.
(b) Contract for the delivery of a special education program
or service, in accordance with the intermediate school district
plan in compliance with section 1701. Under the contract the
intermediate school board may operate special education programs or
services and furnish transportation services and room and board.
(c) Employ or engage special education personnel in accordance
with the intermediate school district plan, and appoint a director
of special education meeting the qualifications and requirements of
the rules promulgated by the superintendent of public instruction.
(d) Accept and use available funds or contributions from
governmental or private sources for the purpose of providing
special education programs and services consistent with this
article.
(e) Lease, purchase, or otherwise acquire vehicles, sites,
buildings, or portions thereof, and equip them for its special
education staff, programs, and services.
(f) Maintain a record of each student with a disability under
26 years of age, who is a resident of 1 of its constituent
districts and who has not graduated from high school, and the
special education programs or services in which the student with a
disability is participating on the fourth Friday after Labor day
and Friday before Memorial day. The sole basis for determining the
local school district in which a student with a disability is a
resident shall be the rules promulgated by the superintendent of
public instruction notwithstanding the provisions of section 1148.
The records shall be maintained in accordance with rules
promulgated by the superintendent of public instruction.
(g) Have the authority to place in appropriate special
education programs or services a student with a disability for whom
a constituent district is required to provide special education
programs or services under section 1751.
(h) Investigate special education programs and services
operated or contracted for by the intermediate school board or
constituent district boards and report in writing failures to
comply with the provisions of a contract, statute, or rule
governing the special education programs and services or with the
intermediate school district plan, to the local school district
board and to the superintendent of public instruction.
(i) Operate the special education programs or services or
contract for the delivery of special education programs or services
by local school district boards, in accordance with section 1702,
as if a local school district under section 1751. The contract
shall provide for items stated in section 1751 and shall be
approved by the superintendent of public instruction. The
intermediate school board shall contract for the transportation, or
room and board, or both, or persons participating in the program or
service as if a local school district board under sections 1756 and
1757.
(j) Receive the report of a parent or guardian or, with the
consent of a parent or guardian, receive the report of a licensed
physician, registered nurse, social worker, or school or other
appropriate professional personnel whose training and relationship
to students with a disability provide competence to judge them and
who in good faith believes that a person under 26 years of age
examined by the professional is or may be a student with a
disability, and immediately evaluate the person pursuant to rules
promulgated by the superintendent of public instruction. A person
making or filing this report or a local school district board shall
not incur liability to a person by reason of filing the report or
seeking the evaluation, unless lack of good faith is proven.
(k) Evaluate pupils in accordance with section 1311.
(2) The intermediate school board may expend up to 10% of the
annual budget but not to exceed $12,500.00, for special education
programs approved by the intermediate school board without having
to secure the approval of the superintendent of public instruction.
Sec. 1751. (1) The board of a local school district shall
provide
special education programs and services designed to develop
the
maximum potential meet the
individual needs of each student
with a disability in its district on record under section 1711 for
whom an appropriate educational or training program can be provided
in accordance with the intermediate school district special
education plan, in either of the following ways or a combination
thereof:
(a) Operate the special education program or service.
(b) Contract with its intermediate school board, another
intermediate school board, another local school district board, an
adjacent school district board in a bordering state, the Michigan
schools for the deaf and blind, the department of community health,
the department of human services, or any combination thereof, for
delivery of the special education programs or services, or with an
agency approved by the superintendent of public instruction for
delivery of an ancillary professional special education service.
The intermediate school district of which the local school district
is constituent shall be a party to each contract even if the
intermediate school district does not participate in the delivery
of the program or services.
(2) A local school district contract for the provision of a
special education program or service shall provide specifically
for:
(a) Special education buildings, equipment, and personnel
necessary for the operation of the subject program or service.
(b) Transportation or room and board, or both, for persons
participating in the programs or services as required under
sections 1756 and 1757.
(c) The contribution to be made by the sending local school
district if the program or service is to be operated by another
party to the contract. The contribution shall be in accordance with
rules promulgated by the superintendent of public instruction.
(d) Other matters the parties consider appropriate.
(3) Each program or service operated or contracted for by a
local school district shall be in accordance with the intermediate
school district's plan established pursuant to section 1711.
(4) A local school district may provide additional special
education programs and services not included in, or required by,
the intermediate school district plan.
(5) This section shall be construed to allow operation of
programs by departments of state government without local school
district contribution.
Enacting section 1. Section 1311c of the revised school code,
1976 PA 451, MCL 380.1311c, is repealed.