SENATE BILL NO. 1025
October 02, 2024, Introduced by Senator MCDONALD RIVET and referred to the Committee on
Housing and Human Services.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1711 (MCL 380.1711), as amended by 2016 PA 532.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1711. (1) The An intermediate school board shall do all
2 of the following:
3 (a) Develop, establish, and continually evaluate and modify in
4 cooperation with its constituent districts, a plan for special
5 education that provides for the delivery of special education
6 programs and services designed to meet the individual needs of each
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1 student with a disability of whom that the intermediate school
2 board is required to maintain a record for under subdivision (f).
3 The plan shall must coordinate the special education programs and
4 services operated or contracted for by the constituent districts
5 and shall must be submitted to the superintendent of public
6 instruction for approval.
7 (b) Contract for the delivery of a special education program
8 or service , in accordance with the intermediate school district
9 plan in compliance with section 1701. Under the contract the
10 intermediate school board may operate special education programs or
11 services and furnish transportation services and room and board.
12 (c) Employ or engage special education personnel in accordance
13 with the intermediate school district plan, and appoint a director
14 of special education meeting the qualifications and requirements of
15 the rules promulgated by the superintendent of public instruction.
16 (d) Accept and use available funds or contributions from
17 governmental or private sources for the purpose of providing
18 special education programs and services consistent with this
19 article.
20 (e) Lease, purchase, or otherwise acquire vehicles, sites,
21 buildings, or portions thereof, and equip them for its the
22 intermediate school board's special education staff, programs, and
23 services.
24 (f) Maintain a record of each student with a disability under
25 26 40 years of age, who is a resident of 1 of its the intermediate
26 school board's constituent districts and who has not graduated from
27 high school, and the special education programs or services in
28 which the student with a disability is participating on the fourth
29 Friday after Labor Day and the Friday before Memorial Day. The sole
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1 basis for determining the local school district in which a student
2 with a disability is a resident shall be are the rules promulgated
3 by the superintendent of public instruction notwithstanding the
4 provisions of section 1148. The records shall must be maintained in
5 accordance with rules promulgated by the superintendent of public
6 instruction.
7 (g) Have the authority to place in appropriate special
8 education programs or services a student with a disability for whom
9 a constituent district is required to provide special education
10 programs or services under section 1751.
11 (h) Investigate special education programs and services
12 operated or contracted for by the intermediate school board or
13 constituent district boards and report in writing failures to
14 comply with the provisions of a contract, statute, or rule
15 governing the special education programs and services or with the
16 intermediate school district plan, to the local school district
17 board and to the superintendent of public instruction.
18 (i) Operate the special education programs or services or
19 contract for the delivery of special education programs or services
20 by local school district boards, in accordance with section 1702,
21 as if a local school district under section 1751. The contract
22 shall must provide for items stated in section 1751 and shall must
23 be approved by the superintendent of public instruction. The
24 intermediate school board shall contract for the transportation, or
25 room and board, or both, or persons for individuals participating
26 in the program or service as if a local school district board under
27 sections 1756 and 1757.
28 (j) Receive the report of a parent or legal guardian or, with
29 the consent of a parent or legal guardian, receive the report of a
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1 licensed physician, registered nurse, social worker, or school or
2 other appropriate professional personnel whose training and
3 relationship to students with a disability provide competence to
4 judge them and who in good faith believes that a person an
5 individual under 26 40 years of age examined by the professional is
6 or may be a student with a disability, and immediately evaluate the
7 person individual pursuant to rules promulgated by the
8 superintendent of public instruction. A person An individual making
9 or filing this report or a local school district board shall does
10 not 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 the
14 annual budget but not to exceed $12,500.00, for special education
15 programs approved by the intermediate school board without having
16 to secure the approval of the superintendent of public instruction.
17 Enacting section 1. This amendatory act does not take effect
18 unless all of the following bills of the 102nd Legislature are
19 enacted into law:
20 (a) Senate Bill No. 1026.
21
22 (b) Senate Bill No. 1027.
23
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Statutes affected:
Senate Introduced Bill: 380.1711