Current through Vol. 24-04, March 15, 2024
Rule 1b. As used in these rules:
(a) "Instructional services" means services
provided by teaching personnel that are specially designed to meet the unique
needs of a student with a disability. These may be provided by any of the
following:
(i) An early childhood special
education teacher under
R 340.1755.
(ii) A teacher consultant under
R 340.1749.
(iii) A teacher of the speech and language
impaired under
R 340.1745.
(iv) A teacher providing instruction to
students with disabilities who are homebound or hospitalized.
(v) A teacher providing instruction to
students who are placed in juvenile detention facilities under
R 340.1757.
(b) "Multidisciplinary evaluation team" means
a minimum of 2 persons who are responsible for evaluating a student suspected
of having a disability. The team shall include at least 1 special education
teacher or other specialist who has knowledge of the suspected
disability.
(c) "Occupational
therapy" means therapy provided by an occupational therapist or an occupational
therapy assistant who provides therapy under the supervision of a licensed
occupational therapist. Occupational therapist and occupational therapy
assistants are licensed by the state of Michigan under 1978 PA 368, MCL
333.1101 et seq.
(d) "Parent" means
any of the following:
(i) A biological or
adoptive parent of a child.
(ii) A
foster parent, unless state law, regulations, or contractual obligations with a
state or local entity prohibit a foster parent from acting as a
parent.
(iii) A guardian generally
authorized to act as the child's parent, or authorized to make educational
decisions for the child, but not the state if the child is a ward of the
state.
(iv) An individual acting in
the place of a biological or adoptive parent, including a grandparent,
stepparent, or other relative, with whom the child lives, or an individual who
is legally responsible for the child's welfare.
(v) A surrogate parent who has been appointed
in accordance with
R
340.1725f.
(vi) Except as provided in paragraph (vii) of
this subdivision, the biological or adoptive parent, when attempting to act as
the parent under this part and when more than 1 party is qualified under
paragraphs (i) to (v) of this subdivision to act as a parent, shall be presumed
to be the parent unless the biological or adoptive parent does not have legal
authority to make educational decisions for the child.
(vii) If a judicial decree or order
identifies a specific person or persons under paragraphs (i) to (iv) of this
subdivision to act as the parent of a child, or to make educational decisions
on behalf of a child, then such person or persons shall be determined to be the
parent.
(viii) The affected student
or youth with a disability when the student or youth with a disability reaches
18 years of age, if a legal guardian has not been appointed by appropriate
court proceedings.
(e)
"Parent advisory committee" means a committee of parents of students with
disabilities of a particular intermediate school district appointed by the
board of that district under
R
340.1838.
(f) "Physical therapy" means therapy
prescribed by a physician and provided by a therapist who is licensed by the
state of Michigan under 1978 PA 368, MCL 333.1101 et seq. or a physical therapy
assistant who provides therapy under the supervision of a licensed physical
therapist.
