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R 340.1705 Cognitive
impairment; determination.
Rule 5.
(1) Cognitive
impairment shall be manifested during the developmental period
and be determined
through the demonstration of all of the following
behavioral characteristics:
(a) Development at a rate at or below
approximately 2 standard deviations below the mean
as determined through
intellectual assessment.
(b) Scores approximately within the lowest 6
percentiles on a standardized test in reading
and arithmetic. This
requirement will not apply if the student is not of an age,
grade, or mental age appropriate for
formal or standardized achievement
tests.
(c) Lack of development primarily in the
cognitive domain.
(d) Impairment of adaptive behavior.
(e) Adversely affects a student's educational
performance.
(2) A determination of impairment shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include a psychologist.
R 340.1738
Programs for students with severe cognitive impairment.
Rule 38.
Programs for students with severe cognitive impairment shall be
operated as follows:
(a) There shall be 1 teacher and 2 instructional aides for a
maximum of 12 students. The maximum number of students may be
extended to 15 if an additional instructional aide is assigned
with the placement of the thirteenth student. At least 1
full-time teacher and 1 fulltime aide shall be employed in every
program for students with severe cognitive impairment.
(b) Programs for students with severe cognitive impairment shall
consist of a minimum of 230 days and 1,150 clock hours of
instruction. The first 5 days when pupil instruction is not
provided because of conditions not within the control of school
authorities, such as severe storms, fires, epidemics, or health
conditions as defined by the city, county, or state health
authorities, shall be counted as days of pupil instruction.
Subsequent days shall not be counted as days of pupil
instruction.
(c) Teachers shall be responsible for the instructional program
and shall coordinate the activities of aides and supportive
professional personnel.
(d) Instructional aides shall work under the supervision of the
teacher and assist in the student’s daily training program.
(e) Program assistants may assist the teacher and the
instructional aides in the feeding, lifting, and individualized
care of students with severe cognitive impairment.
(f) A registered nurse shall be reasonably available.
R 340.1739 Programs for students with moderate cognitive
impairment.
Rule 39. Programs for students with moderate cognitive
impairment shall be operated as follows:
(a) There shall be 1 teacher and 1 teacher aide for a maximum of
15 students.
(b) There shall be 1 lead teacher and a maximum of 3
instructional aides for a maximum of 30 students, with not more
than 10 students for each aide.
R 340.1740 Programs for students with mild cognitive
impairment.
Rule 40. Programs for students with mild cognitive
impairment shall be operated as follows:
(a) Elementary programs for students with mild cognitive
impairment shall serve not more than 15 different students. When
an elementary program for students with mild cognitive
impairment has 12 or more students in the room at one time, an
aide shall be assigned to the program.
(b) Secondary programs for students with mild cognitive
impairment shall have not more than 15 different students in the
classroom at any one time and the teacher shall be responsible
for the educational programming for not more than 15 different
students.
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R 340.1717 Deaf-blindness defined; determination.
Rule 17. (1) Deaf-blindness means concomitant hearing
impairment and visual impairment, the combination of which
causes severe communication and other developmental and
educational needs that cannot be accommodated in special
education programs without additional supports to address the
unique needs specific to deaf-blindness. Deaf-blindness also
means both of the following:
(a) Documented hearing and visual losses that, if considered
individually, may not meet the requirements for visual
impairment or hearing impairment, but the combination of the
losses affects educational performance.
(b) Such students function as if they have both a hearing and
visual loss, based upon responses to auditory and visual stimuli
in the environment, or during vision and hearing evaluations.
(2) A determination of the disability shall be based upon data
provided by a multidisciplinary evaluation team which shall
include assessment data from all of the following:
(a) Medical specialists such as any of the following:
(i) An ophthalmologist.
(ii) An optometrist.
(iii) An audiologist.
(iv) An otolaryngologist.
(v) An otologist.
(vi) A family physician or any other approved physician as
defined in 1978 PA 368, MCL 333.1101 et seq.
(b) A teacher of students with visual impairment.
(c) A teacher of students with hearing impairment.
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R 340.1706 Emotional
impairment; determination; evaluation report.
Rule 6.
(1) Emotional
impairment shall be determined through manifestation of
behavioral problems
primarily in the affective domain, over an extended
period of time, which adversely affect
the student's education to the extent
that the student cannot profit from learning
experiences without special education
support. The problems result in behaviors manifested by
1 or more of the following characteristics:
(a) Inability to build or maintain satisfactory
interpersonal relationships within the school
environment.
(b) Inappropriate types of behavior or feelings
under normal circumstances.
(c) General pervasive mood of unhappiness or
depression.
(d) Tendency to develop physical symptoms or
fears associated with personal or school
problems.
(2) Emotional impairment also includes students
who, in addition to the characteristics
specified in subrule (1) of
this rule, exhibit maladaptive behaviors related to
schizophrenia or similar disorders.
The term "emotional impairment" does
not include persons who are socially
maladjusted, unless it is determined that
the persons have an emotional impairment.
(3) Emotional impairment does not include
students whose behaviors are primarily the
result of intellectual,
sensory, or health factors.
(4) When evaluating a student suspected of having
an emotional impairment, the
multidisciplinary evaluation team
report shall include documentation of all of the following:
(a) The student's performance in the educational
setting and in other settings, such as
adaptive behavior within the broader
community.
(b) The systematic observation of the behaviors
of primary concern which interfere with
educational and social needs.
(c) The intervention strategies used to improve
the behaviors and the length of time the
strategies were utilized.
(d) Relevant medical information, if any.
(5) A determination of impairment shall be based
on data provided by a multidisciplinary
evaluation team, which shall
include a comprehensive evaluation by both of the following:
(a) A psychologist or psychiatrist.
(b) A school social worker.
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R 340.1707 Hearing
impairment explained; determination.
Rule 7.
(1) The term
"hearing impairment" is a generic term which includes both
students who are deaf and
those who are hard of hearing and refers to students with
any type or degree of hearing loss
that interferes with development or
adversely affects educational performance.
"Deafness" means a hearing impairment
that is so severe that the student is impaired in
processing linguistic information through hearing, with
or without amplification. The term
"hard of hearing" refers to students
with hearing impairment who have
permanent or fluctuating hearing loss
which is less severe than the hearing loss of students who are
deaf and which
generally permits the use of the auditory channel as the
primary means of developing speech and
language skills.
(2) A determination of impairment shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include an audiologist and an otolaryngologist or
otologist.
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R 340.1708 Visual impairment
explained; determination.
Rule 8.
(1) A visual
impairment shall be determined through the manifestation of both
of the following:
(a) A visual impairment which, even with
correction, interferes with development or which
adversely affects educational
performance. Visual impairment includes both partial sight and
blindness.
(b) One or more of the following:
(i) A central visual acuity for near or far point
vision of 20/70 or less in the better eye after
routine refractive correction.
(ii) A peripheral field of vision restricted to
not more than 20 degrees.
(iii) A diagnosed progressively deteriorating eye
condition.
(2) A determination of impairment shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include an ophthalmologist or optometrist.
(3) If a student cannot be tested accurately for
acuity, then functional visual assessments
conducted by a teacher
certified in visual impairment may be used in addition to the
medical evaluation for determination
of impairment.
(4) For students with visual impairment who have
a visual acuity of 20/200 or less after
routine refractive correction,
or who have a peripheral field of vision restricted to not more
than 20 degrees, an evaluation by
an orientation and mobility specialist shall be
conducted. The orientation and
mobility specialist shall also include
in the report a set of recommended
procedures to be used by a mobility specialist or a teacher of
students with visual impairment in
conducting orientation and mobility training activities.
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R 340.1709 "Physical
impairment" defined; determination.
Rule 9.
(1) "Physical
impairment" means severe orthopedic impairment that adversely
affects a student's educational
performance.
(2) A determination of disability shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include assessment data from 1 of the following
persons:
(a) An orthopedic surgeon.
(b) An internist.
(c) A neurologist.
(d) A pediatrician.
(e) A family physician or any other approved
physician as defined in1978 PA 368, MCL
333.1101 et seq.
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R 340.1709a "Other health
impairment" defined; determination.
Rule 9a.
(1) "Other
health impairment" means having limited strength, vitality, or
alertness, including a
heightened alertness to environmental stimuli, which
results in limited alertness with
respect to the educational environment
and to which both of the following provisions apply:
(a) Is due to chronic or acute health problems
such as any of the following:
(i) Asthma.
(ii) Attention deficit disorder.
(iii) Attention deficit hyperactivity disorder.
(iv) Diabetes.
(v) Epilepsy.
(vi) A heart condition.
(vii) Hemophilia.
(viii) Lead poisoning.
(ix) Leukemia.
(x) Nephritis.
(xi) Rheumatic fever.
(xii) Sickle cell anemia.
(b) The impairment adversely affects a student's
educational performance.
(2) A determination of disability shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include 1 of the following persons:
(a) An orthopedic surgeon.
(b) An internist.
(c) A neurologist.
(d) A pediatrician.
(e) A family physician or any other approved
physician as defined in 1978 PA 368, MCL
333.1101 et seq.
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R 340.1710 "Speech
and language impairment" defined; determination.
Rule 10.
(1) A "speech
and language impairment" means a communication disorder that
adversely affects educational
performance, such as a language impairment, articulation
impairment, fluency impairment, or
voice impairment.
(2) A communication disorder shall be determined
through the manifestation of 1 or more
of the following speech and language
impairments that adversely affects educational
performance:
(a) A language impairment which interferes with
the student's ability to understand and use
language effectively and which
includes 1 or more of the following:
(i) Phonology.
(ii) Morphology.
(iii) Syntax.
(iv) Semantics.
(v) Pragmatics.
(b) Articulation impairment, including omissions,
substitutions, or distortions of sound,
persisting beyond the age at
which maturation alone might be expected to correct the
deviation.
(c) Fluency impairment, including an abnormal
rate of speaking, speech interruptions, and
repetition of sounds, words,
phrases, or sentences, that interferes with effective
communication.
(d) Voice impairment, including inappropriate
pitch, loudness, or voice quality.
(3) Any impairment under subrule (2) (a) of this
rule shall be evidenced by both of the
following:
(a) A spontaneous language sample demonstrating
inadequate language functioning.
(b) Test results on not less than 2 standardized
assessment instruments or 2 subtests
designed to determine language
functioning which indicate inappropriate language functioning
for the student's age.
(4) A student who has a communication disorder,
but whose primary disability is other than
speech and language may be
eligible for speech and language services under R 340.1745(a).
(5) A determination of impairment shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include a teacher of students with speech and
language impairment under R
340.1796 or a speech and language pathologist qualified under R
340.1792.
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R 340.1711 "Early
childhood developmental delay" defined; determination.
Rule 11.
(1) "Early
childhood developmental delay" means a child through 7 years of
age whose primary
delay cannot be differentiated through existing criteria
within R 340.1705 to R 340.1710 or R
340.1713 to R 340.1716 and who
manifests a delay in 1 or more areas of
development equal to or greater than 1/2 of the
expected development. This definition does not
preclude identification of a child through existing
criteria within R 340.1705 to R
340.1710 or R 340.1713 to R 340.1716.
(2) A determination of early childhood
developmental delay shall be based upon a
comprehensive evaluation by a
multidisciplinary evaluation team.
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R 340.1713 "Specific
learning disability" defined; determination.
Rule 13. (1) “Specific learning
disability” means a disorder in 1 or more of the basic
psychological processes
involved in understanding or in using language, spoken or
written, that may manifest itself in
an imperfect ability to listen, think,
speak, read, write, spell, or to do
mathematical calculations. The term
includes such conditions as perceptual impairments, brain
injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. The term does not
include children who have learning problems that are
primarily the result of a visual,
hearing, or motor impairment, of a
cognitive impairment, of an emotional
impairment, of autism spectrum
disorder, or of environmental, cultural, or economic
disadvantage. (2) The
individualized education program team may determine that
a child has a specific learning
disability if the child does not
achieve commensurate with his or her age and ability
levels in 1 or more of the areas listed
in this subrule, when provided with learning experiences
appropriate for the child’s age and ability levels,
and if the multidisciplinary evaluation team
finds that a child has a severe discrepancy between
achievement and intellectual ability in 1 or
more of the following areas:
(a) Oral expression.
(b) Listening comprehension.
(c) Written expression.
(d) Basic reading skill.
(e) Reading comprehension.
(f) Mathematics calculation.
(g) Mathematics reasoning.
(3) The individualized education program team shall not identify
a child as having a specific learning
disability if the severe discrepancy between ability and
achievement is primarily the result of
any of the following:
(a) A visual, hearing, or motor impairment.
(b) Cognitive impairment.
(c) Emotional impairment.
(d) Autism spectrum disorder.
(e) Environmental, cultural, or economic disadvantage.
(4) At least 1 individualized education program team member
other than the student’s general
education teacher shall observe the
student’s academic performance in the general
education classroom setting. For
a child who is less than school age or who is out of
school, an individualized education
program team member shall observe the
child in an environment appropriate
for a child of that age.
(5) For a student suspected of
having a specific learning disability, the documentation of the
individualized education
program team’s determination of eligibility shall include a
statement concerning all of the
following:
(a) Whether the student has a specific learning disability.
(b) The basis for making the determination.
(c) The relevant behavior noted during the observation of the
student.
(d) The relationship of that behavior to the student’s academic
functioning.
(e) The educationally relevant medical findings, if any.
(f) Whether there is a severe discrepancy between achievement
and ability that is not correctable
without special education and related
services.
(g) The determination of the team concerning the effects of
environmental, cultural, or economic
disadvantage.
(6) Each individualized education program team member shall
certify, in writing, whether the
report reflects his or her conclusion.
If it does not reflect his or her conclusion, the team
member shall submit a separate statement presenting his
or her conclusions.
(7) A determination of learning disability shall be based upon a
comprehensive evaluation by a
multidisciplinary evaluation team, which shall include at
least both of the following:
(a) The student’s general education teacher or, if the student
does not have a general education
teacher, a general education teacher
qualified to teach a student of his or her age or,
for a child of less than school
age, an individual qualified by the state educational agency to
teach a child of his or her age.
(b) At least 1 person qualified to conduct individual diagnostic
examinations of children, such as a
school psychologist, an authorized
provider of speech and language under
R 340.1745(d), or a teacher consultant.
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R 340.1714 Severe multiple
impairment; determination.
Rule 14.
(1) Students
with severe multiple impairments shall be determined through the
manifestation of either of the
following:
(a) Development at a rate of 2 to 3 standard
deviations below the mean and 2 or more of the
following conditions:
(i) A hearing impairment so severe that the
auditory channel is not the primary means of
developing speech and language
skills.
(ii) A visual impairment so severe that the
visual channel is not sufficient to guide
independent mobility.
(iii) A physical impairment so severe that
activities of daily living cannot be achieved without
assistance.
(iv) A health impairment so severe that the
student is medically at risk.
(b) Development at a rate of 3 or more standard
deviations below the mean or students for
whom evaluation instruments do
not provide a valid measure of cognitive ability and 1 or more
of the following conditions:
(i) A hearing impairment so severe that the
auditory channel is not the primary means of
developing speech and language
skills.
(ii) A visual impairment so severe that the
visual channel is not sufficient to guide
independent mobility.
(iii) A physical impairment so severe that
activities of daily living cannot be achieved without
assistance.
(iv) A health impairment so severe that the
student is medically at risk.
(2) A determination of impairment shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include a psychologist and, depending upon the
disabilities in the physical
domain, the multidisciplinary evaluation team participants
required in R 340.1707, R 340.1708, or
R 340.1709, R 340.1709a, or R
340.1716.
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R 340.1715 "Autism
Spectrum Disorder" defined;
determination.
Rule 15.
(1) Autism spectrum disorder is
considered a lifelong developmental disability that
adversely affects a student’s
educational performance in 1 or more of the following
performance areas:
(a) Academic.
(b) Behavioral.
(c) Social.
Autism spectrum disorder is typically manifested before 36
months of age. A child who first
manifests the characteristics after
age 3 may also meet criteria. Autism spectrum disorder is
characterized by qualitative
impairments in reciprocal social interactions, qualitative
impairments in communication, and restricted
range of interests/repetitive behavior.
(2) Determination for eligibility
shall include all of the following:
(a) Qualitative impairments in reciprocal social interactions
including at least 2 of the following
areas:
(i) Marked impairment in the use of multiple nonverbal behaviors
such as eye-to-eye gaze, facial
expression, body postures, and gestures to regulate
social interaction.
(ii) Failure to develop peer relationships appropriate to
developmental level.
(iii) Marked impairment in spontaneous seeking to share
enjoyment, interests, or achievements
with other people, for example, by a
lack of showing, bringing, or pointing out
objects of interest.
(iv) Marked impairment in the areas of social or emotional
reciprocity.
(b) Qualitative impairments in communication including at least
1 of the following:
(i) Delay in, or total lack of, the development of spoken
language not accompanied by an attempt
to compensate through alternative
modes of communication such as gesture or mime.
(ii) Marked impairment in pragmatics or in the ability to
initiate, sustain, or engage in
reciprocal conversation with others.
(iii) Stereotyped and repetitive use of language or
idiosyncratic language.
(iv) Lack of varied, spontaneous make-believe play or social
imitative play appropriate to
developmental level.
(c) Restricted, repetitive, and stereotyped behaviors including
at least 1 of the following:
(i) Encompassing preoccupation with 1 or more stereotyped and
restricted patterns of interest that
is abnormal either in intensity or focus.
(ii) Apparently inflexible adherence to specific, nonfunctional
routines or rituals.
(iii) Stereotyped and repetitive motor mannerisms, for example,
hand or finger flapping or twisting,
or complex whole-body movements.
(iv) Persistent preoccupation with parts of objects.
(3) Determination may include unusual or inconsistent response
to sensory stimuli, in combination
with subdivisions (a), (b), and (c) of subrule 2 of this rule.
(4) While autism spectrum disorder may exist concurrently with
other diagnoses or areas of
disability, to be eligible under this
rule, there shall not be a primary diagnosis of schizophrenia
or emotional impairment.
(5) A determination of impairment shall be based upon a
comprehensive evaluation by a
multidisciplinary evaluation team
including, at a minimum, a psychologist or psychiatrist, an
authorized provider of speech and language under R
340.1745(d), and a school social worker.
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R 340.1716. "Traumatic
brain injury" defined; determination.
Rule 16.
(1) "Traumatic
brain injury" means an acquired injury to the brain which is
caused by an external
physical force and which results in total or partial
functional disability or psychosocial
impairment, or both, that adversely
affects a student's educational performance.
The term applies to open or closed head injuries
resulting in impairment in 1 or more of the
following areas:
(a) Cognition.
(b) Language.
(c) Memory.
(d) Attention.
(e) Reasoning.
(f) Behavior.
(g) Physical functions.
(h) Information processing.
(i) Speech.
(2) The term does not apply to brain injuries
that are congenital or degenerative or to brain
injuries induced by birth
trauma.
(3) A determination of disability shall be based
upon a comprehensive evaluation by a
multidisciplinary evaluation team,
which shall include an assessment from a family physician or
any other approved physician as
defined in 1978 PA 368, MCL 333.1101 et seq.
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