The following questions have been asked and answered via the list serve:

Q -  Who is the "resident district" on the IEP form?

The PSA where the student attends is both the operating and the resident district.

For special education students, you are both the operating and resident district. The only exception to this would be for a student that is enrolled in your school that you send to another school for services.  If a student is enrolled at your school, you are the resident district. If you send him across town for a period of time each day to receive services, the receiving district becomes the operating district as they are the ones delivering special education services as dictated by the IEP. These situations do not have a specific definition in the law, but are discussed in rules 340.1721b&c in the administrative rules for special education.

Q - When are we required to provide transportation to our special needs students?

From a memo from Jacquelyn Thompson dated Feb. 2002: Local school districts have asked the Department of Education many questions lately regarding the requirement to transport special education pupils. The purpose of this memo is to clarify those requirements and to describe what data is required to receive appropriate funding for providing specialized transportation services.

Requirement to Transport Students with Disabilities (Handicapped Pupils)

The requirement to transport students with disabilities (handicapped pupils) is found both in federal legislation and in Michigan's Revised School Code. The Individuals with Disabilities Education Act (IDEA) Section 300.24 defines the transportation of students with disabilities (handicapped pupils) as a related service. As such, transportation needs of the pupil should be discussed and if necessary, described at each individual educational plan (IEP) meeting.

Section 1751 of the Revised School Code also requires a school district to provide transportation for special education pupils who could not otherwise benefit from public education. Rule 388.383 of the Administrative Rules for State Aid for the Transportation of School Children further requires that special education pupils be transported on regular education bus runs whenever possible. When a school district determines that a pupil cannot be transported in a regular education vehicle, or a regular education vehicle with modifications (approved baby seats, transportation aides, special seating arrangements, etc.), then the district may provide specialized transportation services through the use of a special education transportation vehicle. The district may also contract with a third party for the provisions of specialized transportation services.

Specialized Transportation Services
Specialized transportation is defined in IDEA federal regulations as a related service, -- 300.24 Related services.

(b) Individual terms defined. The terms used in this definition are defined as follows: (15) Transportation includes --

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

Special education pupils may be provided specialized transportation when the pupil's disability requires special accommodations, as determined through the IEP process. These special accommodations could be necessary because the pupil is assigned to a building or a location that is not within walking distance, or if the district decides it is not safe for the pupils to walk because of traffic conditions or other factors related to the pupil's age or disability.

Q - What are ISDs (Intermediate School Districts) and ESAs (Educational Service Agencies) required to provide for special education services for students living inside and outside of the ISD area?

Every ISD and ESA has a policy unique to their governing area. What occurs in your area may be different than the other counties surrounding you. It is important that your needs are expressed and met through your ISD Plan for the Delivery of Special Education Programs and Services. The School Code at '380.1711(1)(a) and R 340.1831 of the Revised Administrative Rules for Special Education (Rules) charges Michigan's 57 intermediate school districts (ISDs) to coordinate, develop, establish, and continually evaluate a Plan for the Delivery of Special Education Programs and Services (Plan) that is approved by Michigan's Superintendent of Public Instruction (Superintendent).

These plans are to be jointly developed by representatives from the ISD, constituent local school districts and public school academies of the ISD, and the constituent Parent Advisory Committee.

Content Areas:

(a) A description of the procedures used by the intermediate school district to advise and inform students with disabilities, their parents, and other members of the community on the special education opportunities required under the law; the obligations of local school districts, public school academies and the intermediate school district; and the title, address, and telephone number of representatives of those agencies who can provide information about special education opportunities.

(b) A description of the activities and outreach methods that are used to ensure that all citizens are aware of the availability of special education programs and services.

(c) A description of the type of diagnostic and related services that is available, either directly or as a purchased service, within the intermediate school district or its constituent local school districts or public school academies.

(d) A description of the special education programs designed to meet the educational needs of students with disabilities.

(e) The intermediate school district plan shall either describe special education programs and services under Part 3 of the Revised Administrative Rules for Special Education or propose alternative special education programs and services. Describe alternative special education programs and services that are different than those described under Part 3 of the Revised Administrative Rules for Special Education.

(g) The identity of the full- or part-time constituent local school district or public school academy administrator who, by position, is responsible for the implementation of special education programs and services.

(h) A description of the qualifications of paraprofessional personnel.

(i) A description of the transportation necessary to provide the special education programs and services described in subdivisions (c), (d), and (e) of this plan.

(j) A description of the method of distribution of funds under R340.1811.

(k) A description of how the intermediate school district will appoint the parent advisory committee members under R 340.1838(1) and (2).

(l) A description of the roles and responsibilities of the parent advisory committee.

(m) A description of the role and relationship of administrative and other school personnel, as well as representatives of other agencies, in assisting the parent advisory committee in its responsibilities.

(n) A description of the fiscal and staff resources that shall be secured or allocated to the parent advisory committee by the intermediate school district to make it effective and efficient in operation.

The 2004 amendments to IDEA continued to affirm that students who attend charter schools are covered under this law. The law makes specific references to charter schools:

• Children with disabilities who attend public charter schools and their parents retain all rights under IDEA.
• Charter schools are included in the definition of an LEA when they are established as LEAs by state law.
• Students with disabilities in charter schools that are part of an LEA must be served in the same manner as that LEA serves children with disabilities in its other schools including that the LEA must provide supplementary and related services on site at the charter school to the same extent to which the local educational agency has a policy or practice of providing such services on the site to its other public schools. The LEA must also provide funds under this part to those charter schools on the same basis as that LEA provides funds to the its other public schools, including proportional distribution based on relative enrollment of children with disabilities, and at the same time as the agency distributes other federal funds to the agency's other public schools, consistent with the state's charter school law.                                  

*For more information go to http://www.edgateway.net/cs/spedp/view/sped_aud/1?x-t=bkgd.view

Do you know if you are a part of your ISD/ESA plan? They require a signature from someone at your PSA each time modifications are made to the plan. You should know what your ISD plan says, and how you are included in it. You can find your plan on the website for your ISD/ESA special education office.

Q - What do we do when we have been unsuccessful in getting a parent to attend a MET/IEP?

The district must contact the parent to arrange a mutually convenient time and place for the meeting and explain the purpose of the meeting and the roles and responsibilities of each participant.  If neither parent can attend, the district shall use other methods to assure parent participation, including individual or conference telephone calls.  The IEP meeting may be conducted if the district is not able to convince the parent to attend.  The district should keep detailed records of attempts made to contact the parent. 

Federal Authority: 34 CFR 300.345

*Taken from Technical Assistance for Frequently Asked Questions from OSE, link: http://www.michigan.gov/documents/TAforFAQ_February2004_87761_7.doc

Q - What is the PAC?

R 340.1838 Parent advisory committee. Rule 138 (from the Michigan Revised Administrative Rules for Special Education)

(1) A parent advisory committee shall be appointed by each intermediate school district board.

(a) The parent advisory committee and its officers shall consist only of parents of students with disabilities with at least 1 parent from each constituent local school district and public school academy unless no parent agrees to serve on the parent advisory committee to represent the constituent local school district or public school academy.

(b) Each constituent local school district board of education and each public school academy board of directors shall nominate at least 1 parent.

(c) The intermediate school district board of education may nominate additional members not to exceed 33 1/3% of the total parent advisory committee membership.

(2) The intermediate school district board of education shall make every attempt to assure that all types of impairments and all identifiable organizations of parents of students with disabilities within the intermediate school district are represented on the parent advisory committee.

(3) The intermediate school district board of education may recommend operational procedures for parent advisory committee review and adoption.

(4) The intermediate school district shall secure or allocate fiscal and staff resources to the parent advisory committee to make it efficient and effective in operation.

(5) The parent advisory committee is responsible for determining and documenting, in writing, the organizational structure of the committee.

(6) The parent advisory committee shall participate in the development of the intermediate school district's plan or any modification of the plan for the delivery of special education programs and services as required by R 340.1833.

(7) The parent advisory committee may provide advisory input on any matters that the committee deems appropriate to the improvement of special education services within the intermediate school district.

Call or check your local ISD/ESA website to confirm dates and times of meetings.

Q - Who is the LEA?

Local Educational Agencies in Michigans are the individual schools. They are connected to an Intermediate School District (ISD) or an Educational Service Agency (ESA). The SEA (State Educational Agency) is the Michigan Department of Education.

SEA
Michigan Department of Education

^
ISD/ESA
57 in Michigan

  ^              LEA             ^
Traditional Public School     /    Public School Academy

Q - What happens to our state aid and the ISD Plan for the Delivery of Special Education when our PSA adds a site or changes location?

Section 20(6) of the State School Aid Act of 1979 (MCL 388.1620) provides that:

&the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy or university school equal to the sum of the local school operating revenue per membership pupil other than special education pupils for the district in which the public school academy or university school is located and the state portion of that district's foundation allowance, or the sum of the basic foundation allowance under subsection (1) plus $300.00, whichever is less.

The addition of multiple sites and change in locations of PSAs over the years necessitates clarification as to how the Michigan Department of Education (MDE) determines the foundation grant for a PSA.

• Changes in location do not result in district code changes.
• The state aid allocation for PSAs with multiple sites is based upon the foundation allowance for the district in which the original PSA site is located.
• The per pupil state aid rate to be paid will be redetermined when a PSA relocates its original site. The new rate will be based upon the foundation allowance in effect for the district in which the new site is located.
• The location of the site of a school's administrative office will not affect the per pupil amount to be paid.
• When a new PSA is authorized, and when a site is added to an existing PSA, MDE will confirm the correct school district boundaries in which the PSA or site is located through consultation with the Intermediate School District (ISD).
• If the PSA relocates from the original site to a site within the boundaries of a different ISD, the ISD where the PSA is newly located is responsible to ensure that the PSA is included in that ISD's Plan for Special Education and that the PSA has the same rights under the ISD Plan for Special Education that all LEAs located in that ISD have.
• If the PSA adds a new building or program located within the boundaries of a different ISD from where the PSA originally opened (but also maintains the original site), the ISD where the PSA originally opened is responsible to ensure that the PSA is included in the original ISD's Plan for Special Education and that the PSA has the same rights under the ISD Plan for Special Education that all LEAs located within that ISD have.