IDEA 2004 Federal Regulations (PDF version)
The final regulations to implement Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). The regulations took effect on October 13, 2006. (307 pages) HTML Version

The Supplement to the Procedural Safeguards has been published and can be found at: http://www.michigan.gov/documents/mde/Oct06ProceduralSafeguardsSupplement_176454_7.pdf 

March 31, 2010

Notice of Public Hearing on ESY Guidance on Timeliness of Decision Making Document

MICHIGAN DEPARTMENT OF EDUCATION NOTICE OF PUBLIC HEARING

The Michigan Department of Education, Office of Special Education and Early Intervention Services will conduct public hearings to receive public comment on the following document:

• ESY Guidance on Timeliness of Decision Making

The proposed document is accessible on the Michigan Department of Education, Office of Special Education and Early Intervention Services Web site at www.michigan.gov/ose-eis under “Spotlight.”

The proposed document, “ESY Guidance on Timeliness of Decision Making,” is proposed for addition to the document “Guidance for Extended School Year Services in Michigan, August 12, 2009.”  This document can be found on the Web site at: http://www.michigan.gov/mde/0,1607,7-140-6530_6598_7376-198486--,00.html.

Public hearings will be held at the following sites:

Tuesday, April 13, 2010 from 4:00 – 6:00 p.m. at The Lexington Hotel, 925 S. Creyts Road, Lansing, Michigan 48917. Hotel phone: (517) 323-7100 (check the announcement board in the hotel lobby for room name).

Tuesday, April 20, 2010 from 4:00 – 6:00 p.m. at the Educational Service Center, Kent ISD, Rogue Room, 2930 Knapp, N.E., Grand Rapids, Michigan 49525. Kent ISD phone: (616) 364-1333.

Oral or written comment may be presented in person at the hearings or submitted in writing by mail, e-mail, or facsimile no later than 5:00 p.m., May 14, 2010.  All comment will be reviewed and considered in the final version of the document. Comments may be submitted to the following:

Public Comment
Michigan Department of Education
Office of Special Education and Early Intervention Services
P.O. Box 30008
Lansing, MI 48909

Email: mde-ose@michigan.gov
Fax: 517-373-7504

If special accommodations, including interpreter services, are needed to participate in the public hearings, please contact Meredith Hines at 517-373-0924 or email at hinesm@michigan.gov by April 6, 2010.

Please share this information with others who may have an interest in participating in the public hearings or providing comment.

NOTE: This information is being widely distributed and it is possible that you will receive this message more than once. Please delete any duplicate messages.

Lori Schulze
Michigan Department of Education
Office of Special Education and Early Intervention Services
schulzel@michigan.gov
www.michigan.gov/ose-eis
(517) 335-0458

March 18, 2010

Webinar Recording and Materials Available for Timeline for Initial Evaluations & Initial IEPs

The Michigan Department of Education (MDE), Office of Special Education and Early Intervention Services (OSE-EIS) has posted the webinar training and materials for the Michigan Special Education One Pager: Timeline for Initials.

March 18, 2010

March 3, 2010

Annual State Application Under Part B of the IDEA for FFY 2010 Available for Public Review

As required by federal law, the Annual State Application under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for Federal Fiscal Year 2010 is presented for a period of public review from March 3, 2010 through May 5, 2010. Written comment will be accepted from March 3 until April 9, 2010.

The document can be downloaded from the "Spotlight" section of the Michigan Department of Education (MDE), Office of Special Education and Early Intervention Services (OSE-EIS) Web site at www.michigan.gov/ose-eis.

All input on the federal application will be reviewed and considered in the final version of the document. All written input will be accepted by OSE-EIS, through 5:00 p.m. (EST), April 9, 2010.

Input may be submitted via e-mail to mde-ose@michigan.gov, (please use 'Federal Application 2010' as the subject line); by facsimile to (517) 373-7504; or by surface mail to:

Dr. Joanne Winkelman
Office of Special Education and Early Intervention Services
Michigan Department of Education
P.O. Box 30008
Lansing, MI 48909

February 8, 2010

Subject: MDE Official Communication- Week of February 8, 2010

February 4, 2010

Subject: Notice of Public Hearings on Proposed Special Education Documents

February 4, 2010

Subject: Michigan's APR and Updated SPP now posted to OSE-EIS website

November 19, 2009

Subject: Procedural and Guidance Manual Updates

The following documents are available on the Michigan Department of Education, Office of Special Education and Early Intervention Services Web site. The documents are part of a manual providing technical assistance, guidance, and best practices where appropriate.

Review of Existing Evaluation Data (REED) and Development of an Evaluation Plan (this document was originally posted in April and includes a revision that addresses speech reevaluations).

• Discipline Procedures.
  • Manual
  • Interim Alternative Educational Setting Form
  • Interim Alternative Educational Setting Form Directions
  • Manifestation Determination Review Form
  • Manifestation Determination Review Form Directions
  • Worksheet for Determining A Pattern of Behavior Form
  • Worksheet for Determining A Pattern of Behavior Form Directions

The information can be found on the OSE-EIS Web site at:

http://www.michigan.gov/mde/0,1607,7-140-6530_6598_36168---,00.html

Lori Schulze
Michigan Department of Education
Office of Special Education and Early Intervention Services
schulzel@michigan.gov
www.michigan.gov/ose-eis
(517) 335-0458

August 6, 2009
Subject: Plese Verify Special Education Contact Information.

Please verify information is current and up to date on lists of LEA and PSA special education contacts as currently identified in Michigan’s Educational Entity Master (previously known as the School Code Master). If your district is missing from the list, or the contact information is incorrect, please work with your local EEM authorized user to update the information. There is at least one EEM authorized user in ever school district. The changes/updates must be made locally. We cannot make them from the OSE-EIS.
The OSE-EIS is increasingly relying on the EEM as the key source for special education contact information for general communications, as well as for targeted communications relative to complaints, data verification, etc. Please be sure that your district has current information relative to the special education contact.

Thank you,
Fran Loose

Aungust 4, 2009

Subject: Changes in Reporting Special Education Data

The purpose of this memorandum is to assist districts in correctly reporting data regarding students with disabilities and special education personnel. The memo provides information on changes to data collection fields, new collection fields, and eliminated data collection fields. A preliminary examination of 2008-09 data submitted reveal that some districts are incorrectly completing and/or not reporting all data on special education personnel and/or students with disabilities.

Reporting Special Education Personnel

The U.S. Department of Education, Office of Special Education Programs (OSEP)requires states to report special education personnel who provide programs and/or services to students with disabilities. Reporting categories must also align with Michigan Administrative Rules for Special Education. The Office of Special Education and Early Intervention Services (OSE-EIS) collects this information using the Registry of Educational Personnel (REP). In order to assist districts in properly reporting these data, please note the following:

REP Field 10: School Assignment Data The following code has been changed: - 00270: Preprimary Home Program/Ancillary Service Staff has been changed to Early Childhood Home Program.

The following codes have been eliminated: - 00350: Curriculum Resource Consultant. Special education personnel previously assigned this code can be re-coded into codes 00380 (Miscellaneous Other Professional Personnel), or the 5-digit administration assignment code (Administrative Assignments).

The following codes have been eliminated: - 00350: Curriculum Resource Consultant. Special education personnel previously assigned this code can be re-coded into codes 00380 (Miscellaneous Other Professional Personnel), or the 5-digit administration assignment code (Administrative Assignments). - 00387: Work Study Coordinator. Special education personnel previously assigned this code can be re-coded into codes 00375 (Transition Coordinator); 00200 – 00292 (Teacher Consultant and Other Special Education Personnel Codes); 00380 (Miscellaneous Other Professional Personnel); or the 5-digit administration assignment code (Administrative Assignments).

Initial Individualized Education Program (IEP) The OSEP also requires states to report all students receiving an initial evaluation for special education programs and services and whether the initial evaluation and IEP were completed within the state mandated timeline or agreed-upon written extended timeline. Beginning this fall, this information will be collected using the Michigan Student Data System (MSDS). To better capture these data, a new characteristic (field) has been added:

Date of Parental Consent. This is the date on which the entity received the signed Parental Consent to Evaluate for an initial evaluation and is the beginning of the timeline for completion of the initial evaluation and IEP. Report the date in the MSDS during the collection cycle (fall, spring, end-of-year) in which the timeline began.

Previous Field 39a (Parental Consent to Evaluate and Special Education Timeline to Complete Initial IEP) has been changed to Timeliness of Initial IEP in the MSDS.

Use the following codes when an initial IEP was completed within the required timeline: 11 IEP completed within 30 school days 12 IEP completed within extended timeline

Use the following codes when an initial IEP was completed but not within the required timeline: 13 IEP Not Timely: Parent did not make child available 14 IEP Not Timely: Timeline began in previous district 15 IEP Not Timely: Personnel not available for Evaluation 16 IEP Not Timely: Personnel not available for IEP 17 IEP Not Timely: External reports not available

Use the following codes when an initial IEP will never be completed: 18 IEP Not Completed: Student died 19 IEP Not Completed: Parent withdrew consent 20 IEP Not Completed: Parent did not make child available 21 IEP Not Completed: Student moved Report data for this and all remaining Initial IEP fields during the collection cycle in which they were completed.

For example, if the evaluation and completion of the initial IEP went beyond the timeline or agreed-upon written extension, report data for field Timeliness of Initial IEP when data for field Days Beyond Timeline are known.

In-School Suspensions, Out-of-School Suspensions, and Expulsions The OSEP requires states to report all in-school and out-of-school suspensions of students with disabilities of ½ school day or more. This fall, data will be collected in the MSDS. When reporting in-school and out-of-school suspensions, include both removals in which no IEP services are provided because the removal is 10 days or less as well as removals in which the child continues to receive services according to his/her IEP.

Finally, an expulsion is defined as an action taken by the LEA removing the child from his/her regular school for disciplinary purposes for the remainder of the school year or longer in accordance with LEA policy. This includes removals resulting from violations of the Gun Free Schools Act that are modified to less than 365 days.

If you have any questions, please contact Darren Warner at (517) 241-0786, or via email at warnerd@michigan.gov.

May 18, 2009

IDEA Public Reporting

Monday May 11, 2009

Navigating the CIMS 2 Workbook

Step 1 is to “acknowledge” you have looked at your workbook.

Follow these steps:
1. Click on the “Open My Tasks” button.
2. Click on Your Report.
3. Click on “View Status Options” button.
4. Click on the “Apply Status” button to acknowledge that you have looked at your “Findings Report.” This will let the ISD Monitor know that the workbook has been acknowledged by the LEA/PSA.

What do I do after I’ve “acknowledged” my workbook & reports?
The first 5 tabs at the top of your workbook are regarding the compliance indicators. The “My Other Work” tab is for the results indicators.

Follow these steps to view your districts data reports:

1. Click on the “My Local Reports” tab
2. To view your reports and follow the directions listed on your MAR (Monitoring Activities Report), select your report from the
   “Local Reports Types” dropdown menu.
3. Click on the report you want to open.
4. Click on the “View Forms” button.
5. Click on the “Reports” link.
6. To see your MAR, click on the link and follow the directions on the form. You can also view your Strand Report and any findings that you may have by clicking on any of the links.

If you have any findings, you will need to create a CAP. Follow these directions to complete your CAP:

1. Click on the “My Caps” tab.
2. Select, from the dropdown menu, the SPP Indicator in which you need to write a CAP.
3. Click on the link "B-CAP 11-2009-1-"
4. Click on the “View Forms” button.
5. Click on the “CAP Cover Page” link to begin inputting your information from your RAP team. Be sure to click on the “Save” button at the top right as you type in each section. Follow these same steps to complete the “CAP Activity Page.”
6. When the RAP team has completed the CAP and it is ready for the ISD  Monitor to view and accept, you need to click on the link below in order to go back to the CAP page for changing your status.
7. Click on the “View Status Options” button.
8. Click on the “Apply Status” button under the heading “CAP SUBMITTED” to submit the CAP report to the ISD Monitor. Once the ISD Monitor has approved of the CAP, you will then be allowed to click on the other “Apply Status” button under the heading “REQUEST CAP CLOSEOUT” button.

Response Indicators:
To review what you need to do about your results indicators:

• Click on the “My Other Work” tab (top right screen)
• Then click on the dropdown menu and select the “workbook” you want to view.
• Then click on the “SEARCH” button.
• Click on the appropriate link(s):
• Click on the “View Forms” button.
• Continue reviewing your forms by clicking on the various links.

 Reminders

• Whenever you are first entering your workbook, be sure to view “My Tasks” to see if there is anything you need to do.
• Be sure to change the status after completing each activity or task

May 9, 2009 (posted May 18)

SUBJECT: Information Regarding 2009 Determinations

FROM: Jacquelyn J. Thompson, Ph.D., Director Office of Special Education and Early Intervention Services

In my last email communication to you on April 22, 2009, I noted that the 2009 Determinations will be issued in June, not in September. This is to ensure that all districts have Determinations based on the most current data. These Determinations will be used to identify eligibility for the MOE (maintenance of effort) options as directed under the IDEA; this applies to both the FFY ‘09 regular and Recovery allocations. Also, remember that districts identified with Significant Disproportionality may not use the MOE options, per the IDEA.

As forecast at the last ISD Directors’ meeting (March 11, 2009), business rules for issuing the 2009 Determinations have been updated:

• Performance on individual indicators will be ranked using numerical values from 1-4; overall performance will be considered based on the aggregate numerical values (added, averaged, rounded to nearest whole number).

In addition, given that results indicators are not currently included in state determinations by the Office of Special Education Programs (OSEP), we will be removing Indicator 5 (Educational Environments) from this year’s Determinations. However, this important indicator will remain as a focused monitoring priority.

A district will be considered to meet requirements if it provided valid and reliable FFY 2007 data AND demonstrated substantial* compliance for Indicators 9, 10, 11, 12, 13, and 15.

Previous communication indicated that the correction and verification of Indicator 11 (Child Find) by June 15 would yield a "meets requirement" for this indicator. However, in our preliminary review of current Determinations, using the new business rules, the correction of Indicator 11 does not appear to impact the overall Determinations level for any district. Therefore, we encourage districts to use the corrective action plan (CAP) schedule specified by the CIMS-2 calendar (due June 15). In all cases, noncompliance must be corrected as soon as possible, and in no case later than one year including verification.

This re-design of Determinations is intended to support the initial principles around which the first Determinations were designed,** to focus on correction of noncompliance, and to support the opportunities embedded in the American Recovery and Reinvestment Act of 2009.

*OSEP (June 2008) has defined substantial compliance to mean generally 95% and above; "needs assistance" has been defined to mean 51%-94%; "needs intervention" has been defined as 50% or below. Beginning in 2010, "needs intervention" will be defined as generally 75% or below.

**Simplicity, Equity, Effectiveness

April 22, 2009

Subject: Special Education Contacts in Educational Entity Master (EEM)

2.     Districts must immediately inform the OSE-EIS when it receives a state complaint; and the
        OSE-EIS must immediately inform the district when a complaint is received.

3.  A ten day Resolution Period is built into the process, similar to the Resolution Session included
     in the due process hearing procedures.

• The complainant and district are encouraged to resolve issues during this time without
  the intervention of the MDE.
• The Resolution Period may be extended by written agreement of the complainant and
  the district. 

4. In addition to the Resolution Period, complainants and districts are encouraged to utilize alternative 
    dispute resolution processes, including mediation, to resolve issues.

5. Allegations that do not meet the definition of a special education complaint will be dismissed
    without an investigation.

6. Only one complaint investigation will be conducted.  It will be done collaboratively between the
     MDE and the ISD.

• One report (the Final Report) will be written and sent to the complainant and the district.

7. If the complainant or the district has factual information that was not available during the investigation, 
    and they believe the information will cause a change to the final report; they may submit the information according to the directions.

• If the information causes a change to the conclusions of the original investigation an
  amended final report will be issued.

The OSE-EIS will inform you, via the listserv, when we receive confirmation that the rules have been received and signed by the Michigan Office of the Great Seal.

Additional training and technical assistance will be provided throughout the spring and summer, including webinars and live presentations. The OSE-EIS is also working with the Michigan Virtual University in the development of a training package.   We will inform you of these opportunities as the dates and locations are finalized. 

If you have questions please contact Harvalee Saunto, Coordinator, State and Due Process Complaints at (517) 241-7507.

February 13, 2009

Subject: Part B CIMS-2 Trainings and Annual Performance Report

The Office of Special Education and Early Intervention Services (OSE-EIS) submitted the State’s Annual Performance Report (APR) on January 30, 2009 to the USED Office of Special Education Programs. This is now posted to the website for your review at http://www.michigan.gov/mde/0,1607,7-140-6530_6598---,00.html.

Now that local data for the State Performance Plan indicators is final, districts will receive their updated designation for training for the Continuous Improvement and Monitoring System (CIMS-2) and a schedule of training opportunities with locations and dates/times. This information will be mailed electronically by Friday, February 20, 2009 to include online registration information.

Should you have any questions after you receive this mailing, please contact the CIMS Help Desk at 877-474-9023 or via email at help@cimsmichigan.org.

Thank you.

The CIMS Team

January 22, 2009

SUBJECT: Specific Learning Disabilities – Clarification

FROM: Jacquelyn J. Thompson, Ph.D. Director Office of Special Education and Early Intervention Services

Michigan’s Administrative Rule 340.1713, Specific Learning Disability Defined, Determination, was amended on September 11, 2008 (enclosed). A few components of the rule warrant clarification.

Rule 340.1713 of the Michigan Administrative Rules for Special Education (Rules) allows the use of three options for determining specific learning disability (SLD) eligibility. The rule allows a district to use severe discrepancy, but only as one part of a full and individual evaluation. Severe discrepancy may never be used alone to determine a student eligible as a student with a SLD.

In determining eligibility under SLD, one of the options a school district may use is a process that is based on a student’s response to scientific, research-based intervention. Depending on the local district’s practice, this process may have a variety of names; e.g., Instructional Consultation Team, Response to Intervention, Michigan’s Integrated Behavior and Learning Support Initiative. The Michigan Department of Education (MDE) does not mandate any specific scientific, research-based intervention process.

At §300.309(a)(2)(ii), the Individuals with Disabilities Education Act regulations identify a pattern of strengths and weaknesses as an option in determining SLD eligibility. The Rules permit local districts to use this option. The MDE does not mandate any specific process to determine a pattern of strengths and weaknesses. Any determination of SLD requires a full comprehensive evaluation according to the evaluation procedures in the federal regulations at §300.301 – §300.311, including those particular to a student suspected of having a SLD in §300.307 – §300.311.

If you have any questions, please contact Dr. Joanne Winkelman, Coordinator, Program Accountability, Office of Special Education and Early Intervention Services, at (517) 373-1696, or via e-mail at winkelmanj@michigan.gov 

**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 the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of cognitive impairment, of emotional impairment, of autism spectrum disorder, or of environmental, cultural, or economic disadvantage.
(2) In determining whether a student has a learning disability, the state shall:
    (a) Not require the use of a severe discrepancy between intellectual ability and achievement.
    (b) Permit the use of a process based on the child's response to scientific, research-based
          intervention.
    (c) Permit the use of other alternative research-based procedures.
(3) 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.

January 9, 2009

SUBJECT: Individualized Education Program (IEP) signatures and the use of the IEP Addendum

FROM: Jacquelyn J. Thompson, Director Office of Special Education and Early Intervention Services

This memorandum is in response to questions that have recently surfaced regarding the Individualized Education Program (IEP) signatures and the use of the IEP Addendum. The following clarification specifically responds to two questions:

•  Is it mandatory for the superintendent’s designee to sign the commitment page at the IEP Team meeting?
• Does an IEP addendum need to have a place for a parent to agree or disagree?

It is the intent of the Office of Special Education and Early Intervention Services (OSE-EIS) that the school district signs the IEP at the conclusion of the IEP Team meeting.

There is no requirement for signatures on the IEP in the Individuals with Disabilities Education Act. The OSE-EIS sample IEP form includes commitment signatures for district(s) and parents for the convenience of documenting consent or disagreement and to ensure that parents understand exactly the programs and services their child will receive.

Federal regulation §300.321 defines the IEP Team. One required member of the Team is a representative of the public agency. This person is defined as a person, "… who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the public agency."

The federal regulations clearly state that, "...the agency representative have the authority to commit agency resources and be able to ensure that whatever services are described in the IEP will actually be provided." No representative of the public agency may ‘override’ or ‘veto’ portions of the IEP after the IEP is completed.

The IEP Addendum is a useful tool to adjust the IEP. Federal regulation §300.324(a)(4) states that the addendum shall only be utilized if both the parent and the school district agree to the use of the addendum. If either party does not agree to the use or content of the addendum, then the addendum may not be used and an IEP Team meeting would be convened.

Monday, September 8, 2008

Subject: Supporting Student Behavior: Standards for the Emergency Use of Seclusion & Restraint

The document, Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint is now available on the Office of Special Education and Early Intervention Services (OSE-EIS) Web site. The document:

• summarizes how a positive behavior support approach uses proactive strategies to reduce or eliminate the use of seclusion and restraint;
• defines the terms "seclusion" and "restraint";
• outlines procedures for emergency use of seclusion and restraint; and
• provides a framework for training.

The document can be found by going to the OSE-EIS Web site at http://www.michigan.gov/ose-eis and selecting the "Laws & Policies" link from the left-hand navigation or by using this direct link: http://www.michigan.gov/mde/0,1607,7-140-6530_6598_7376---,00.html.


Lori Schulze
Michigan Department of Education
Office of Special Education and Early Intervention Services

August 21, 2008

From: Sally Vaughn, P.h.D. Deputy Superintendent / Chief Academic Officer

SUBJECT: Standards for Extended School Year Services in Michigan

On August 12, 2008 the State Board of Education approved Standards for Extended School Year (ESY) Services in Michigan (Standards). A Guidance document is also available to assist with the implementation of the Standards. The Standards and the Guidance documents are found on the Department website at http://www.michigan.gov/mde/0,1607,7-140-6530_6598-198486--,00.html.

The Individuals with Disabilities Education Act (IDEA) implementing regulations at 300.106(b)(2) require that states have ESY Standards. These regulations do not create new legal standards but instead codify well established case law in the area and reflect longstanding interpretation of the IDEA by the courts and the United States Department of Education that the right of an individual child with a disability to receive ESY services is based on the child's entitlement to a Free Appropriate Public Education.

The new Standards will be integrated into the Administrative Rules for Special Education as part of a new rule set. Notice of the period of public comment is expected to be made in the fall with public hearings scheduled during November and December.

The Department will be working with intermediate districts/educational service agencies, grantees, and advocacy organizations to assure that guidance on these standards is disseminated and accessible.

School districts are expected to begin using the Standards immediately. Should you have any questions, please contact Bob Hove, Special Education and Early Intervention Services, HoveR@michigan.gov or 517 373-1691.

Friday July 18, 2008

FROM: Jane Reagan, Michigan Department of Education, OSE-EIS

Subject: Medicaid School Based Services Webinar Sessions Will be Scheduled for July-August - more details and registration information coming soon


Very Brief Summary of Changes in Michigan's Medicaid School Based Services (SBS) Program and Webinar Dates are Below

• On May 22, 2008 Michigan's Medicaid Program released the new guidelines for the SBS Program that we've been working on for five years as mandated by the federal Centers for Medicare and Medicaid Services (CMS). It is 75 pages in length, and changes almost every component of the program and became effective July 1, 2008, two weeks ago. 
  
•  On June 30, 2008, just a few weeks later, several portions of that publication changed again when Congress passed and President Bush signed a bill to delay most of the proposed Medicaid federal regulations that would have eliminated Medicaid reimbursement for the Administrative Outreach program and all transportation to ISDs. As a result, we expect you will be reimbursed for both Administrative Outreach and Transportation this coming year.
  
• So, over the next few months, Michigan Medicaid will be trying to catch up with the federal mandates, translate them to state-specific guidelines, and communicate the actual policy to the ISDs, Detroit Public Schools (DPS) and the Michigan School for the Deaf (MSD).
  
• Webinar Training sessions will be occurring in the next couple months (July-August-maybe September) to provide a 1-2 hour overview of Michigan's proposed changes. You may be receiving a formal invitation to register yourself and the appropriate staff to sit in on one of these presentations. I will also post the invitation and registration information to the Special Education Directors' List Servs as soon as I get it. We recommend all of you Directors, your Medicaid Coordinator, your business officials who deal with special education costs and cost reports (SE-4096 and SE 4094-transportation) to sit in on these brief presentations.

SOME Fee For Service Changes 

•  Reimbursement for Medicaid SBS will be special education cost-report-based, and for these first 1.5 years, you will be paid 'interim monthly payments' based on 75% of your 2006-07 Medicaid reimbursement minus transportation. Monthly payment letters were sent by DCH's Bauer/Gensterblum in June 2008.
  
• Since 2004, Medicaid has conducted one time study each quarter, but now each year, there will be four time studies each quarter, involving more of your special education staff, including para-professionals and case managers/service coordinators for the first time. The cost of the time study contract has doubled as a result, but DCH will pay 40% of the contract costs after federal Medicaid match. Expect ISD share of the contract costs to increase from your costs last year, based on your FTE pupil count.
  
• More detailed reporting of staff salaries and benefits will be required with the new guidelines. The annual cost reports will be completed by your business office staff for special education and special education transportation costs. Sample cost reports will be provided at the webinar trainings.  
  
• Medicaid will no longer reimburse for services for students older than 21 years; no longer reimburse for services delivered by speech therapists who do NOT have their CCC credential; no longer reimburse for teacher consultant services.
  
• The Michigan School for the Deaf was eliminated from participating in the FFS  program because I did not help Medicaid understand MSD can use the new reimbursement methodology. We are working on reversing that decision.
  
•  Already the Case management regulation became effective March 2008, and Michigan Medicaid has issued a letter suggesting ISDs track these services but not get paid until Congress' final action is clear. 
  
• There are efforts to help ISDs estimate the fiscal impact of the new cost-based reimbursement system before your actual costs are reconciled in the Winter/Spring of 2010.

Administrative Outreach component

Backcasting. The Department of Community Health is appealing the Backcasting report from the federal Centers for Medicare and Medicaid Services (CMS) of the US Department of Health and Human Services (HHS). In the meantime, there is still no final report with ISD-specific amounts, but discussions at higher levels are continuing. It appears that Districts that placed in reserves, all or most of their Administrative Outreach dollars should be able to cover any potential liabilities. We are hoping to know more by the end of this calendar year.

NAME Annual Conference Sept 23-26 in Philadelphia. The National Alliance for Medicaid in Education Annual Conference registration is open. Consider sending your Medicaid staff for outstanding networking and learning from colleagues who are national experts, including Nancy Reder (NASDSE) and Bruce Hunter (AASA). Keynote Speaker is Sara Rosenbaum, long time expert on Medicaid in the Schools. For more information, click on 2008 conference at:  www.MedicaidForEducation.org

Please do not hesitate to contact me if you have any questions. ReaganJ@michigan.gov OR    517-335-2250.

April 3, 2008

SUBJECT: Maintenance of Effort as required under the Individuals with Disabilities Education Act (IDEA)

From: Sally Vaughn, Deputy Superintendent, to all Superintendents and PSA Administrators.

The federal regulation implementing the Individuals with Disabilities Education Act (IDEA) at 34 C.F.R. -300.203 requires that all local school districts, public school academies, and intermediate school districts who expend IDEA, Part B funds comply with "maintenance of effort" provisions. These provisions state that IDEA, Part B funds may not be used to reduce the level of state and local expenditures for the education of pupils with disabilities from one year to the next. Furthermore, Section 300.203 requires that the state agency have on file information from each district which expends IDEA, Part B funds, that this requirement is met.

The purpose of this memorandum is to notify local school districts, public school academies and intermediate school districts that expended IDEA, Part B funds in the 2006-07 fiscal year of the process that will be followed to comply with

34 C.F.R. -300.203. The Michigan Department of Education, Office of Special Education and Early Intervention Services (MDE-OSE/EIS) will complete an initial review from information previously submitted. Each district will be notified in writing of the results of this initial review.

Districts that have not maintained state and local effort following this initial review will be contacted to provide additional information under

34 C.F.R. -300.204, Exception to Maintenance of Effort. It is anticipated that intermediate school district personnel will work in cooperation with local school district and public school academy personnel to ensure that all federal exceptions to the maintenance of effort requirement are applied appropriately in the attempt to document state and local effort.

The Office of Special Education and Early Intervention Services will be available to provide technical assistance. The failure of the local school district, public school academy, or intermediate school district to maintain state and local effort will result in repayment with non-federal funds to the Michigan Department of Education the lesser of the effort that was not maintained, or the total of the federal allocation.

The MDE-OSE/EIS has developed a Maintenance of Effort Planning Tool to assist local school districts, public school academies, and intermediate school districts in calculating whether fiscal effort has been maintained. The interactive spreadsheet can be accessed two ways, by:

1) Clicking the following link:
         http://www.michigan.gov/mde/0,1607,7-140-6530_6598_8391-140285--,00.html

2) or by accessing the MDE-OSE/EIS web page: 

•  www.Michigan.gov/OSE-EIS
• Select "Finance Management" 
• Select "Maintenance of Fiscal Effort as required Under IDEA"

If you have further questions regarding Maintenance of Effort in general, please contact Monica Butler (ButlerM3@Michigan.gov) or John Cloft (CloftJ@Michigan.gov), Program Finance, at (517) 241-4035.

Wednesday, April 16, 2008 5:34 PM

Subject: HS Cohort extensions relative to students with disabilities

From: Frances F. Loose, Ph.D., Supervisor, Program Improvement, Office of Special Education and Early Intervention Services loosef@mi.gov

If your district submits requests for one-year high school cohort extension for some of your class of 2007 students with disabilities, please reference why the student's disability necessitates a fifth year of HS in order to graduate with a regular diploma.

Some applications that have been coming through make no reference at all to a disability, so we have to deny them and ask the district to resubmit. With time being short (April 30 deadline), we want to minimize any unnecessary denials/resubmissions.

Also, if you are considering submitting requests for students with SXI, please remember that these are requests for students expected this summer to earn a regular HS diploma. If your district may award a regular HS diploma to a student with SXI, it will expedite the process for you (your GAD data entry person) to provide a clear comment about the student's ability to meet those requirements. This would also apply to other students with severe disabilities affecting their readiness to meet the requirements for a regular HS diploma in 5 years.

Finally, please keep in mind that this cohort shift is for AYP calculation purposes. The individual students with disabilities who do not graduate in their 5^th year continue to be entitled to receive special education services - and to earn a diploma or certificate in the 6^th, 7^th &..year. 

March 26, 2008

SUBJECT: Notice of availability to participate as pilot site for the implementation of the Autism Spectrum Disorder Workgroup recommendations on screening, assessment and intervention for children ages birth to 6.

Purpose: The purpose of this pilot is to implement the recommendations of the Autism Spectrum Disorder (ASD) Workgroup as approved by the state Human Services- Directors on June 28, 2007 on appropriate screening, assessment and intervention for children with ASD ages birth to 6. The ASD Workgroup recommendations are the result of an extensive review of the research on effective practices for young children with ASD and the input of a variety of stakeholders including:

• Parents of children with ASD
• An adult with ASD
• Advocacy organizations
• University partners
• Michigan Chapter of the American Academy of Pediatrics
• Intermediate school districts
• Community Mental Health
• Departments of Community Health, Education, and Human Services

The pilot sites identified from this application process will have the opportunity to implement these research based recommendations and potentially serve as a model for other sites in the state.

• May 5, 2008 Applications due via email followed by mailed signature page.
• May 12, 2008 Selection committee meeting to determine sites.
• May 15, 2008 Letters of acceptance or denial sent.

Project Duration: Pilot to begin October 1, 2008 and will end September 30, 2010.

Application: The application should be e-mailed by May 5 to crafta@michigan.gov. A hard copy of the signature page should be sent to Audrey Craft at the Michigan Department of Community Health, 320 S. Walnut, Lansing, Michigan, 48913. Additionally, the application and relevant ASD Workgroup recommendations are posted on the Workgroup website at www.cenmi.org/asd. If you have any questions regarding the project's purpose or intent, please contact the pilot coordinator, Audrey Craft at crafta@michigan.gov or (517) 241-5763.