evaluation procedures 3 18 2011 - michigan

March 2011 MDE – OSE-EIS DRAFT 1

Evaluation Procedures

March 2011


Introduction

This document is part of a Procedural and Guidance Manual being developed by the Michigan Department of Education (MDE), Office of Special Education and Early Intervention Services (OSE-EIS).

The Manual is intended to provide technical assistance, guidance and best practices, where appropriate. Because the information is relevant and timely to districts providing special education programs and services throughout the State, the OSE-EIS staff determined to release chapters as they were finalized rather than waiting for the entire Manual to be completed.

The information contained in this document can be used:

As a basis for monitoring and complaint activities; By the OSE-EIS staff when responding to questions generated by the field and by parents; As a resource for districts and parents to understand federal and state rules and

regulations, and how the MDE implements them; By a district or Intermediate School district (ISD) to supplement existing policies,

procedures, or forms; To clarify areas of confusion within the field.

The Manual is ongoing and dynamic and information will be reviewed, and updated as needed.

Resource documents include:

Federal Regulations:

IDEA regulations, 34 CFR 300 (2004), noted in the text as § 300 with the following numbers indicating the subsection.

Federal Register Commentary to the IDEA 2004 regulations, noted in text as Fed. Reg. p. (2006) with the following numbers indicating the page number.

Title 18 of the United States Code, noted in test as 18 USC § XXXX

State Statutes and Regulation:

Michigan Administrative Rules for Special Education, noted in text as R 340 with the following numbers indicating the subsection.

The Revised School Code, (1976) noted in the text as MCL § 380 with the following numbers indicating the subsection.


Table of Contents

I. Evaluation Procedures A. Conduct of Evaluation B. Evaluation Requirements

II. Initial Evaluation A. Extension B. Exception C. Screening D. Parent Notification of Research Based Interventions E. Parent Notice

III. Review of Existing Evaluation Data

IV. Multidisciplinary Evaluation Team (MET) A. Suspected Disability B. Requirements of MET C. Child with a Disability D. Dual Eligibility

V. Additional Evaluation Procedures for Eligibility Areas under the MARSE A. Cognitive Impairment B. Emotional Impairment C. Hearing Impairment D. Visual Impairment E. Physical Impairment F. Other Health Impairment G. Speech and Language Impairment H. Early Childhood Developmental Delay I. Specific Learning Disability J. Severely Multiply Impaired K. Autism Spectrum Disorder L. Traumatic Brain Injury M. Deaf Blindness


EVALUATION PROCEDURES

PROCEDURES GUIDANCE

I. Evaluation Procedures §300.304 A. Conduct of Evaluation § 300.304 (b)(1)

In conducting an evaluation, the public agency must:

1. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by the parent, that may assist in determining: a. Whether the student is a student with

a disability under § 300.8; § 300.304(b)(1)(i), and

b. The content of the student’s IEP, including information related to enabling the student to be involved in and progress in the general

education curriculum (or to a preschool child, to participate in appropriate activities) § 300.304(b)(1)(ii)

The IDEA requirement for a Free Appropriate Public Education (FAPE) includes all evaluations at public expense and at no cost to the parents. § 300.17(a)

The IDEA only references state-approved grade-level standards under the additional requirements for identification of students with a Specific Learning Disability (SLD). It is recommended that LEAs use grade-level or extended level standards when writing academic goals. This practice aligns with the MDE model Individualized Education Program (IEP) form.

Referencing state-approved grade-level standards also has implications for student’s participation in state assessments. In order to take the MEAP-Access, the student must have goals and objectives/benchmarks based on those standards. Goals and objectives/benchmarks must be aligned to the content area of the assessment.

2.Not use any single measure or assessment as the sole criterion for determining whether a student is a student with a disability and for determining an appropriate educational

Multidisciplinary Evaluation Teams (METs) must use information from a variety of sources to determine educational needs, including standardized tests, student performance on


program for the student; § 300.304(b)(2), and

grade level standards, progress monitoring data, etc.

3.Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. § 300.304(b)(3);

Technically sound instruments generally refer to assessments that have been shown through research to be valid and reliable.

The “relative contribution,” means that the assessment instruments allow the examiner to determine the extent to which a child’s behavior is a result of the factors listed. Fed. Reg. p. 46642 (2006)

B. Evaluation Requirements § 300.304(c)(1)

The public agency must ensure that: 1. Assessments and other evaluation

materials used to assess a student: a. Are selected and administered so as

not to be discriminatory on a racial or cultural basis; §300.304(c)(1)(i); Fed. Reg. p. 46642 (2006)

b. Are provided and administered in the student’s native language or other mode of communication and the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer; § 300.304(c)(1)(ii)

Because of the variety of languages, cultural differences, and socialization practices, there is a limited list of appropriate materials to be used with all cultures and languages, and therefore, some assessments may be biased. The evaluation plan must draw upon a variety of sources, including classroom performance, state and district wide assessments, aptitude and achievement tests, input from parents and teachers, as well as information on the student’s physical condition, cultural and social background and adaptive behavior. All of these factors must be used in interpreting assessment results when looking at student eligibility.

In all direct contact with the student, including an evaluation of the student, native language means the language normally used by the student and not that of the parents, if there is a difference between the two. For individuals with deafness or blindness, or for individuals with no written language, the native language is the mode of communication that is normally


used by the individual (such as sign language, Braille, or oral communication)

In the Federal Register Commentary to the IDEA, it cautions that the term “clearly not feasible” when referring to attempts to administer assessments in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do, should not be improperly used to limit evaluations in the child’s native language.

71 ed. Reg. p.46642(2006)

c. Are used for the purposes for which the assessments or measure are valid and reliable; § 300.304(c)(1)(iii)

d. Are administered by trained and knowledgeable personnel; § 300.304(c)(1)(iv)and

e. Are administered in accordance with any instructions provided by the producer of the assessments.

§ 300.304(c)(1)(v)

The publisher of each instrument includes guidelines and the training level required for administration of the test. Each individual must decide whether their formal academic training and supervised experience provide the background and knowledge required to use a particular test.

Varying from the directions for administration, scoring or interpretation of an assessment provided by the publisher, may impact the reliability or validity of the instrument, making them inappropriate for use for the determination of eligibility.

Any variance in the administration, scoring or interpretation of a testing instrument must be reported in the diagnostic report.

2. Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. § 300.304(c)(2)

Some issues related to use of intellectual assessment:

There are many different intelligence tests that measure different traits

Many factors affect performance on intelligence tests

Intelligence tests are one piece of a complex process of qualifying and


serving students

3.Assessments are selected and administered so as best to ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills, (unless those skills are the factors that the test purports to measure). § 300.304 (c)(3)

4.The student is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. § 300.304(c)(4);

A Review of Existing Evaluation Data (REED) process helps develop a plan which gives direction for the appropriate areas to evaluate.

Decisions regarding the areas to be assessed are determined by the suspected disability and the needs of the student. If other areas of need are noted during the evaluation which were not a part of the parental notice, the LEA must provide notice and obtain parental consent before any additional evaluations are conducted. (See MDE Notice and Consent Procedures document regarding requirements for parental notice for evaluations.)

5.Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations. § 300.304(c)(5)

a. When a student moves into a district

and the district becomes aware that the student was in the process of an initial evaluation (which has not been completed), the receiving district

See the MDE Notice and Consent Procedures document for specific procedures related to students who move into a district with a signed consent for an initial evaluation.


must proceed with the evaluation as expeditiously as possible.

b. The district is not bound to the 30 school day rule. The district and the parent(s) must come to an

agreement on a timeline to complete the evaluation. §§ 300.301(d)(2), 300.301(e); R 340.1722a

6. The evaluation is sufficiently comprehensive to identify all of the student’s special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified. § 300.304(c)(6); Fed. Reg. p. 46643 (2006)

After a review of the existing data, the district will develop an evaluation plan based on the suspected disability and the suspected needs of the student specified in the request for an initial evaluation. (See section I,B,4). Based on the recommendation of the MET and Michigan criteria for eligibility, the IEP team will determine eligibility. The determination of services and programs is based on need, rather than eligibility. The IEP team will review other areas of need to determine services and programs.

7. Assessment tools and strategies that

provide relevant information that directly assist persons in determining the educational needs of the student are provided. § 300.304 (c)(7)

8. Test Protocols and the Family Educational Rights and Privacy Act (FERPA).

a. Parents have the right to have access to their children’s educational records.

b. Educational records are broadly defined as: “those records, files, documents, and other materials, which:

(i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20U.S.C. §1232g(a)(4)(A) ;34 CFR§99.3

OSEP Letter to Shuster, 2007: “Records that are not directly related to a student and maintained by an agency or institution are not "education records" under FERPA and parents do not have a right to inspect and review such records. For example, a test protocol or question booklet which is separate from the sheet on which a student records answers and which is not personally identifiable to the student would not be part of his or her "education records." However, Part B and FERPA provide that an educational agency or institution shall respond to reasonable requests for explanations and interpretations of


education records. Accordingly, if a school were to maintain a copy of a student's test answer sheet (an "education record"), the parent would have a right under Part B and FERPA to request an explanation and interpretation of the record. The explanation and interpretation by the school could entail showing the parent the test question booklet, reading the questions to the parent, or providing an interpretation for the responses in some other adequate manner that would inform the parent. With respect to the issue of liability for disclosing information to parents when other laws or contractual obligations would prohibit it, public agencies are required to comply with the provisions of IDEA and FERPA and must ensure that State law and other contractual obligations do not interfere with compliance with IDEA and FERPA. Federal copyright law protects against the distribution of copies of a copyrighted document, such as a test protocol. Since IDEA and FERPA generally do not require the distribution of copies of an education record, but rather parental access to inspect and review, Federal copyright law generally should not be implicated under these regulations.”

II. Initial Evaluation § 300.301(c)(1)(i); R 340.1721(c)(2) A. Once a district receives a signed consent for an initial evaluation, they must conduct a full and individual evaluation and hold an initial Individualized Education Program (IEP) within 30 school days.

B. Extension R 340.1721c(2) Michigan rules allow for an extension if agreed to by the parent and public agency.

The agreement between the parent and the district for an extension must be documented in writing before the 30 school day time line expires, and must be stated in school days.


C. Exception § 300.301(d) Federal regulations give only 2 circumstances in which the timeline from receipt of parental consent to completing the IEP do not apply:

1. The parent of the student repeatedly fails or refuses to produce the student for the evaluation; § 300.301(d)(1);

The district must document its attempts to address the parent’s refusal or failure to produce the student for an evaluation, or keep scheduled appointments.

At a minimum, the district should document the proposed times of the evaluations, the missed appointments, as well as efforts to address the parent’s concerns and issues.

Those situations in which the student is repeatedly absent from school on the day the evaluation is scheduled because the student is ill would need to be documented and evaluated in light of other instances of refusal. A pattern of absences on days of testing might indicate parent refusal if they were aware ahead of time when testing would take place. Fed. Reg. p. 46637(2006)

Under Michigan rules, the process for an initial evaluation is inclusive of the evaluation and completion of an IEP. R 340.1721(c). Therefore, regardless of the response or lack of response from the parent, every request for initial evaluation with parental consent must finish with an IEP. The result may be an ineligible IEP due to insufficient data. Since there is no service or program to implement, parental consent is not required if the parent chooses not to attend.

2. A student enrolls in a school of another public agency after the relevant timeframe from receipt of parent consent for evaluation (30 school days or agreed upon extension) has begun. § 300.301(d)(2

For the district from which the student is moving:

they are obligated to promptly provide the district to which the child moves, all relevant evaluation records;

they are to coordinate and cooperate with the subsequent district. § 300.323(g)(2)


For the new district, if they are making sufficient progress to ensure prompt completion of the evaluation, and have agreed with the parent to a specific time when the evaluation will be completed, completion of the initial IEP timeline does not apply. Sufficient progress may be individually determined and is guided by, but not limited to such variables as:

the amount of time between the student leaving one school and entering another;

When the enrolling school finds out about the referral;

availability of previously initiated evaluations;

differences in assessment instruments used.

Districts should make good faith efforts to obtain all relevant information from the previous district, and keep the parent informed of their progress through written communication.) Fed. Reg. p. 46638 (2006)§ 300.301(e)

D. Screening § 300.302; Fed. Reg. p.46639 (2006)

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

In IDEA, an “evaluation” refers to an individual assessment to determine eligibility for special education services and programs.

A screening refers to a process that a teacher or specialist uses to determine appropriate instructional strategies. It is typically a relatively simple and quick process that can be used with groups of children. Because it is not considered an evaluation under § 300.301 through § 300.311 to determine eligibility, it does not require parental consent.

Many districts screen students before they enter kindergarten or when an older student


enters a new school. If the screening is applied to all new students to assist the school in appropriate instructional strategies, then no notice or consent is required. At the point during the screening process that a school suspects the student may be a student with a disability, they have an obligation under the “basis of knowledge” language, to contact parent obtain parent consent for an evaluation.

E. Response to Research Based Interventions - Parent Notification

§ 300.311(a)(7) If the student participated in a process that assesses the student’s response to scientific research-based intervention, the district must document that the parent was notified about:

1. The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

2. Strategies for increasing the student’s rate of learning; and

3. The parents’ right to request an evaluation.

Under the new regulations for determining the existence of a specific learning disability, the MET team must use data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction. While this process does not require parental consent, it does require notification to parents. § 300.309(b)(2)

This can be accomplished a number of ways. Some examples of activities the district could undertake:

The district could include a statement in a district-wide or building Student Handbook that goes home to all students at the beginning of the school year or at time of enrollment.

Many school districts and/or buildings give parents a “Curriculum Guide” or similar document which describes the instructional program, and a statement regarding scientific, research –based interventions could be included.

It could be included in a letter given to individual parents at the time a student


is referred to a Student Study Team, or when the building identifies a student which the district proposes to utilize a process of which would include the process of repeated assessments such as RtI..

F. Evaluation Procedure Notification § 300.304(a); Fed. Reg. p. 46643 (2006)

District must inform the parent of a student with a disability in writing, in accordance with §§ 300.300 and 300.503, a description of any evaluation procedures the agency proposes to conduct.

See MDE Notice and Consent Procedures document for more information on Parental Notice requirements for evaluations.

It is not necessary to give the parents the specific assessment tools being proposed, nor any of the specific information about the reliability or validity of specific tests being used, or the assumptions made about the assessments or the inferences that can be drawn from the test results. The information must include the types of assessments proposed based on the referral reason and may be included in a consent to evaluate form.

III. Review of Existing Evaluation Data (REED) for Evaluations § 300.305 A. Evaluations

1. There are two times when an IEP team must undertake a review of existing evaluation data to determine if the student is a student with a disability: a. at a reevaluation; and b. upon termination of eligibility.

2. In addition, the IEP team may undertake a REED at an initial evaluation, if appropriate.

For Guidance on the REED process, see MDE REED Document.


B. Timelines R 340.1721a

The timeline for evaluations other than an initial evaluation is 30 school days from receipt of signed parental consent to an IEP. The timeline may be extended if agreed to by the parent and LEA, and must he in writing and measured in school days.

The last section of the state model REED document allows the school district to propose an extended date of completion. By signing the REED document, the parent is agreeing to the extension. In situations where parents do not sign the REED document, since the parent has not disagreed in writing, LEAs may consider the parent to be in agreement with the proposed date.

For districts not using the state model REED document, they must have a method for obtaining parental consent if they are proposing a timeline extension.

IV. Multidisciplinary Evaluation Team (MET) R 340.1721

There is no reference in the IDEA to multidisciplinary evaluation team (MET). In addition to the regulations described in §§ 300.301-30.311, Michigan has rules described in this section which the MET must follow in the evaluation process.

A. Suspected Disability 1. Each student suspected of having a

disability shall be evaluated by a multidisciplinary evaluation team. R 340.1721(a)(1)

2. 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. R 340.1701b

Other required team members are determined by the specific requirements as applicable to each eligibility, defined in R 340.1705 to R 340.1716.

a. Psychologist defined –a “psychologist” The only person qualified to do comprehensive


means an approved Michigan school psychologist who is certified by the department or who is a fully licensed psychologist. R 340. 1799e

psychological evaluations are certified school psychologists and fully licensed psychologists. This means that the certified school psychologist or fully licensed psychologist must work directly (“hands on”) with the student. The certified school psychologist or the fully licensed psychologist cannot fulfill his/her responsibilities by reviewing and signing an evaluation done by a lesser trained person. Such a practice would be inconsistent with the rules, would be poor practice on the part of the LEA, and could be subject to challenge. LEAs that utilize a fully licensed psychologist should be aware that not all fully licensed psychologists are trained to do educational evaluations, and evaluations done by persons without sufficient educational training could lead to problems in hearings or legal actions against the LEA.

If an LEA employs a limited licensed psychologist, such persons may provide services to general education students. Under Michigan's Administrative Rules for Special Education, a limited licensed psychologist may also provide psychological services to students with disabilities as a service provided by general education. A limited licensed psychologist may not use the title of school psychologist without being certified as such by the department.

A limited licensed psychologist who is not certified as a school psychologist is not qualified to provide psychological services to students with disabilities as may be indicated by their individualized education programs. Also, unless certified as a school psychologist, a limited licensed psychologist is not qualified to replace a school psychologist on a MET for the evaluation of autism, cognitive impairment, severe multiple impairment, emotional


impairment, or specific learning disability. Finally, a limited licensed psychologist position is not reimbursable from special education funds.

b. School Social Worker defined – “School Social Worker” means a school social worker who is approved by the department. R 340.1799f

If an LEA employs a certified social worker, such person may provide social work services to general education students. Under Michigan's Administrative Rules for special education, a certified social worker may also provide social work services to students with disabilities as a service provided by regular education. A certified social worker may not use the title of school social worker without approval as such by the department.

A certified social worker who is not approved as a school social worker is not qualified to provide school social work services to students with disabilities as may be indicated by their individualized education programs. Also, unless approved as a school social worker, a certified social worker is not qualified to replace a school social worker on a MET for the evaluation of autism or emotional impairment. Finally, a certified social worker position is not reimbursable from special education funds.

B. Requirements of MET R 340.1721(a)(2)

1. The MET shall: a. Complete a diagnostic evaluation b. Make a recommendation of eligibility

and prepare a written report to be presented to the IEP team by the appointed MET team member. (1) The report shall include

information needed to determine a student’s present level of educational performance and

The documentation of the evaluation information may be an individual or group report.

Evaluators should not recommend eligibility within their individual report. They should cite evidence of the behaviors which will support eligibility or rule out eligibility.

The recommendation of eligibility should be


educational needs of the student. (2) Information presented to the IEP

team shall be drawn from a variety of sources, including parent input.

included in a MET report to the IEP team. The MET report of eligibility to the IEP team

could be, but not limited to: o A form that summarizes the

conclusion of the team with individual/group reports documenting the information attached; or

o Included in the summary of individual/ group reports. A MET cover sheet by itself does not meet the documentation requirements of IDEA (300.306(c)(1)(ii)

The information needed to determine a student’s present level of performance and educational needs should be clearly labeled in each report, summarized in the group report, or documented on a form.

The sources of information utilized by the MET should be clearly identified and documented in the report.

2. Provide a copy of the evaluation report to

the parent at no cost to the parent. § 300.306(a)(2)

Evaluation reports should be shared with the parents, in a timely manner, so that parents can meaningfully participate in the IEP team process. Federal regulations do not establish any timelines for providing a copy of the evaluation report to the parents. It is good practice for districts to establish their own time frames so staff and parents have an expectation of when the reports should be given to parents. Parents can’t meaningfully participate in the IEP process if they are given copies of evaluation reports moments before the IEP begins. The report needs to be given with sufficient time to allow parents the opportunity to read and formulate questions about the information that is presented to them. Fed. Reg. p.46645 (2006)

3. A student must not be determined to be a student with a disability if the determinant factor is:§ 300.306(b)

For SLD eligibility, the MET must consider, and document the use of data that demonstrated that prior to, or part of the evaluation process,


a. Lack of appropriate instruction in reading, including the essential components of reading instruction as defined in section 1208(3) of the ESEA;

b. Lack of appropriate instruction in math; or c. Limited English proficiency.

the child was provided appropriate instruction in regular education settings, delivered by qualified personal. § 300.309(b)(1) These activities would serve as documentation of the special rule for eligibility determination for all eligibility areas.

The following activities are examples of how METs could meet this requirement:

Document that the student was provided with instruction aligned with State content standards.

Document the curriculum used by the district, school and/or individual teacher.

Provide evidence that the lack of appropriate instruction was the source of the underachievement. Fed. Reg. p. 46656 (2006)

Obtain information from parents and teachers about the curricula used and the child’s progress with various teaching strategies for children who attend private schools or who are homeschooled. The MET also may need to use information from current classroom-based assessments or classroom observations. Fed. Reg. p. 46656 (2006)

Obtain evidence that the child was provided appropriate instruction either before, or as a part of, the evaluation process. Fed. Reg. p. 46656 (2006)

Use data-based documentation (an objective and systematic process of documenting a student’s progress.) This type of assessment is a feature of strong instruction in reading and math and would be evidence of appropriate instruction.

Fed. Reg. p. 46657 (2006)

Provide evidence that the Team considered the student’s language proficiency by providing results of such data as the district language screening tool upon entrance;


individual screening of language proficiency; results of English Language Proficiency Assessment (ELPA).

Document patterns of school attendance and history of school changes with evidence of its impact on student achievement.

4. In determining eligibility and education

need, the district must: § 300.306(c)

a. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendation, as well as

information about the child’s physical condition social or cultural background and adaptive behavior; and

b. Ensure that information obtained from all of these sources is documented and carefully considered.

A MET or IEP Team must consider evaluations from outside professionals or agencies when presented with a written report by a parent. The team may consider incorporating a written report received from a professional or an outside agency as part of the MET report when considering eligibility if all four criteria are met: Staff have reviewed the report and the

content reflects the educational needs as seen by the school; and

Originators of the report meet Michigan requirements as a school providers and the evaluations were conducted in accordance with state and federal regulations relating to evaluations; and

There is sufficient information for staff to write a Present Level of Academic and functional Performance (PLAAFP) statement; and

The assessments were administered within one year.

If it is determined that the criteria are not met, appropriate information from the report may be included in the MET report. A Review of Existing Evaluation Data (REED) may assist the MET in determining what additional information is needed by the MET team to make a determination of eligibility. If an outside report from a physician or other professional establishes that the student has a disability (e.g. Other Health Impaired, Physical Impairment), then the team still must determine whether the student requires special education and related services. The team would then make the recommendation of eligibility based on both the physician’s determination of disability and the team’s


determination of the need for special education and related services.

5. Special Education personnel who are authorized to conduct evaluation of students suspected of having a disability may provide pre-referral consultation to general education personnel in accordance with procedures established by the department. R 340.1721(a)(3)

C. Child with a Disability. § 300.8

1. Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

2. If it is determined, through an appropriate evaluation under

§§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph C,1 of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

3. If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State

Under MARSE, R 340.1701c(c), the definition of special education includes instructional services defined in R 340.1701b(a) and related services.


standards, the child would be determined to be a child with a disability under paragraph C,1 of this section.

D. Dual Eligibility

Neither the IDEA nor the MARSE addresses primary and secondary eligibility, although it has been a practice in the field to identify a primary and secondary disability. IDEA does not require children to be identified with a particular disability category for purposes of the delivery of special education services and programs, since a child’s entitlement under the IDEA is to a FAPE and not to a particular disability label. Fed. Reg. p. 46737 (2006)

V. Additional Evaluation Procedures for Eligibility Areas under the MARSE.

A. Cognitive Impairment (CI) R 340.1705

1. 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 determined through intellectual assessment.

There must be a statement in the MET report that documents each of these determinants.

MET report should document functioning levels for those students for whom formal or standardized intellectual or achievement tests are not appropriate.

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.

Standard scores cannot be used for this rule. Scores must be reported as percentiles.

c. Lack of development primarily in the cognitive domain.

Students exhibiting impairments in motor, vision, hearing, behavior, or social development, should be considered as eligible


under other eligibilities (i.e. Physical Impairment, Visual Impairment, Hearing Impairment, Autism Spectrum Disorder, Severe Multiple Impairment) The evaluation must be sufficiently comprehensive to be sure that the lack of development in the cognitive domain is not attributable to other eligibilities.

d. Impairment of adaptive behavior. Adaptive behavior means a student’s ability to perform the social roles appropriate for a person of his or her age and gender in a manner that meets the expectations of home, culture, school, neighborhood, and other relevant groups in which he or she participates. (R 340.1701a(a)

Adaptive Behavior: Limitations in adaptive behavior must be

considered within the context of community environments typical of the individual’s age, peers and culture.

Valid assessment considers cultural and linguistic diversity as well as difference in communication, sensory, motor and behavioral factors.

Within an individual, limitations often coexist with strengths.

An important purpose of describing limitations is to develop a profile of needed supports.

e. Adversely affects a student’s educational performance.

Examples of adverse affect related to students with a cognitive impairment:

difficulty in learning, acquiring and retaining information;

difficulty in learning and exhibiting age appropriate skills related to social interactions, personal self-help skills.

2. A determination of impairment shall be based upon a full and individual evaluation by a MET, which shall include a psychologist.

There must be evidence that a school psychologist or fully licensed psychologist participated in the MET process through written documentation in the MET report. Signature alone on a MET cover sheet is not sufficient.

B. Emotional Impairment (EI) R 340.1706

1. Emotional impairment shall be

There must be a statement in the MET report


determined: a. through manifestation of behavioral

problems primarily in the affective domain,

that documents each of these determinants.

Affective domain:

majority of the symptoms present themselves emotionally;

examples include emotional stability, and control, interaction and response to others, problem solving skills, and self-control

b. over an extended period of time,

Manifested over an extended period of time:

there is no specific language that defines over an extended period of time. Each student must be looked at on a case by case basis, taking into account the severity of the symptoms.

documentation of the behaviors over time may include, but not limited to, reports from parents or outside agencies, as well as documentation of behaviors during general education interventions addressing academic and/or behavioral concerns.

c. which adversely affect the student's education to the extent that the student cannot profit from learning experiences without special education support.

Examples of adverse affect for students with an emotional impairment:

the specific problems the student has demonstrated in school are such that he or she cannot profit from learning experiences in a general education program without special education support.

educational performance may include behaviors that manifest themselves both in the academic performance or achievement, work production and/or in social functioning within the school environment.

evidence for determining adverse effect on students educational performance may include, but not limited to:

o classroom performance


assessments; o class test scores; o report card grades; o performance on statewide

assessments. 2. 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.

When looking at this factor, the team must consider such behaviors as:

1. The student does not relate to peers and adults in the school environment;

2. The student does not exhibit age appropriate behaviors;

3. Behaviors exist across a wide variety of tasks and settings;

4. If cognitive or developmental levels are also delayed, the MET must interpret behaviors in light of those factors and also consider other eligibilities, such as Autism Spectrum Disorder or Cognitive Impairment. Examples of behavior:

has no friends at home or school; does not voluntarily play, socialize or

engage in activities with others; withdraws or isolates him/herself acts verbally or aggressively towards

others alienates him/herself through

behavior which others find annoying or reprehensive

b. Inappropriate types of behavior or feelings under normal circumstances.

Behaviors may be related to psychiatric conditions, such as psychosis, anxiety and are extremely atypical, and differ from normal in both degree and frequency of occurrence. Behavior which is under voluntary control should not be considered under this category.


Example of behaviors:

bizarre behaviors; overreaction or inappropriate reaction to

everyday situations (excessive laughing, crying);

flat, blunt, distorted, or excessive affect; self-abusive behaviors or mutilations; mood swings, manic behavior; delusions and/or hallucinations

c. General pervasive mood of unhappiness or depression.

The student exhibits chronic depressive symptoms that are pervasive across various settings and aspects of the student’s life. Examples of behaviors:

loss of interest or pleasure in all or almost all activities; decline of academic performance

feeling sad, blue, hopeless most of the time, suicidal ideation, feelings of worthlessness, periods of prolonged crying;

physical symptoms such as loss of appetite, weight gain or loss, insomnia, ongoing or unsubstantiated medical problems; loss of energy, fatigue;

difficulty attending and concentrating; may manifest as hyperactivity in young

children.

d. Tendency to develop physical symptoms or fears associated with personal or school problems.

Staff should obtain information about the student’s medical history and current medical conditions when looking at physical symptoms and fears. Documentation of significant medical information should be documented in MET report when appropriate.

Examples of behavior:

somatic complaints (headaches, stomach


aches, muscle aches, other physical complaints with no organic findings);

physical symptoms which are not under voluntary control, such as tics, twitching, rocking);

persistent and irrational avoidance of a situation or person;

intense, disabling anxiety with content of thought that is excessive or unreasonable in proportion to actual situation. (Staff must investigate to confirm that concerns are not valid.)

3. Emotional impairment also includes students who, in addition to the characteristic specified in subrule 2(a-d), exhibit maladaptive behaviors related to schizophrenia or similar disorders.

Schizophrenia and other similar disorders are a group of pervasive developmental disorders of childhood or psychosis in adolescence. Examples of behaviors:

lack of ability to learn and retain appropriate social behaviors;

frequent interjection of unrelated information into conversation;

development of fears and suspicions unrelated to the environment;

living in their own world, and making no connection to people and situations around them;

may exhibit extreme, out of control behavior, with no identifiable causation.

4. The term "emotional impairment" does

not include persons who are socially maladjusted, unless it is determined that the persons also have an emotional impairment.

Social Maladjustment is not defined in either Federal or State regulations and has led to much confusion and different interpretations. Students with an emotional impairment lack the ability to control their behaviors, while the behavior of students who are socially maladjusted, is viewed as intentional. Examples of behaviors of students with a social maladjustment :

disregard of social norms and not used


to control behavior in all settings; aggression directed towards persons and

property; behavior motivated by self-gain and

survival; difficulty delaying gratification; lack of empathy and little concern of

impact of their behavior on others, lack of feelings of remorse;

frequent lying; breaks the law, involvement with police;

may be associated with clinical diagnosis of Conduct Disorder, Oppositional Defiant Disorder, or Antisocial Disorder.

Clarizio, H. (1987). Differentiating Severely Emotionally Disturbed. Psychology in the Schools, 24, 237-243.

5. Emotional impairment does not include

students whose behaviors are primarily the result of intellectual, sensory, or health factors.

The team must rule out other factors which might account for the student’s atypical behavior. Examples of other factors:

lowered cognitive ability may result in inability to understand social norms related to interpersonal interactions;

tactile defensiveness may result in extreme behavior reactions and may be associated with Autism Spectrum Disorder.

Certain medical conditions such as diabetes, chronic pain, allergies, ADHD, reactions to medications, may result in an organic basis for student’s behavior.

6. When evaluating a student suspected of

having an emotional impairment, the MET 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.

Information may be gathered through a variety of sources, such as:

teacher, parent and student interviews; disciplinary records, police or probation

records; report cards, state or district tests; rating scales or other individually

administered evaluation scales,


and should be used to document the pervasive nature of the student’s emotional impairment

b. The systematic observation of the behaviors of primary concern which interfere with educational and social needs.

The student must be observed by a MET member in settings in which behaviors interfere with the student’s educational and/or social progress occur. The observation and documentation in the report should describe the frequency, duration and intensity in relation to the behavior of other students in the setting of similar age and sex.

c. The intervention strategies used to improve the behaviors and the length of time the strategies were utilized.

The MET must consider and document the intervention strategies used to improve student behavior. These might include, but not limited to:

Early intervening strategies used in both academic and behavior areas;

Evidence of appropriate learning opportunities provided to the student, which would include both academic and behavioral supports;

Functional Assessment of Behavior/Positive Behavior Support plans initiated;

Reports from outside agencies or professionals which provided medical, therapeutic or medications to the student and/or family.

d. Relevant medical information, if any.

Documentation that the MET considered any medical history, medical interventions, or use of medication when considering causes of the student’s behavior.

7. A determination of impairment shall be based on data provided by a MET, which shall include a full and individual evaluation by both of the following: a. A psychologist or psychiatrist.

b. A school social worker.


C. Hearing Impairment (HI) R 340.1707

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 full and individual evaluation by a MET, which shall include an audiologist and an otolaryngologist or otologist.

There is no minimum decibel loss as the threshold for eligibility. The critical principle is that the hearing loss adversely affects a child's educational performance, and thus the child requires special educational services.

Examples of adverse impact on students with a hearing impairment:

May miss class discussion Limited vocabulary Speech irregularities Impact on reading, conceptual thinking,

memory Social and behavioral delays

D. Visual Impairment (VI) R 340.1708

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: (1)A central visual acuity for near or far


point vision of 20/70 or less in the better eye after routine refractive correction. (2)A peripheral field of vision restricted to not more than 20 degrees.

(3)A diagnosed progressively deteriorating eye condition.

2. A determination of impairment shall be based upon a full and individual 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.

E. Physical Impairment (PI) R 340.1709

1. "Physical impairment" means severe orthopedic impairment that adversely affects a student's educational performance.

IDEA uses the term Orthopedic impairment which includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). § 300.8(c)(8)

Example of adverse affect on students with a


physical impairment:

Muscle tone too high or tight, difficult to change positions or hold an object

Low muscle tone and poor coordination, tremors when they are trying to do something. Have trouble with activities requiring small muscle coordination, articulation, swallowing.

Mixed muscle tone results in students having trouble maintaining a position, whether sitting, standing or holding an object during a learning activity

Quadri-, hemi- or di-plegic which may impact ability to use limbs for activities of daily living such as walking, eating, writing, toileting.

Cause of physical impairment may impact part of brain necessary for paying attention, expressing or understanding language, learning.

In some genetic diseases, gradual wasting of muscles with accompanying weakness and deformity may lead to loss of fine and or gross motor activities impacting mobility, speaking, eating, swallowing, fine motor

While the ability to learn may not be impacted by the physical impairment, the MET must consider:

o access to the learning environment (school, classroom)

o ability to move throughout the learning environment

o ability to access activities such as playground and Physical Education

o communication skills (talking, using sign language, communication aides

to determine adverse educational impact

2. A determination of disability shall be based upon a full and individual evaluation by a MET, which shall include assessment data from 1 of the following persons:

(a) An orthopedic surgeon

The only specified required member of the MET for PI in MARSE is a physician. It is recommended that the other member be an OT, PT, or teacher of the physically impaired. If it is determined that regardless of a medical


(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.

diagnosis, the student is able function in the school environment without special education, the student may be found ineligible. Accommodations for the student to function in the school environment may be more appropriately provided through a 504 plan.

A physician means an individual licensed under the Michigan Public Health Code to engage in the practice of medicine. “The ‘practice as a physician’s assistant’ (PA) means the practice of medicine…performed under the supervision of a physician,” and would not meet the criteria for this requirement. 1978 PA 368, MCL 333.17001

F. Other Health Impairment (OHI) R 340.1709a

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: (1) Asthma (2) Attention deficit disorder. (3) Attention deficit hyperactivity disorder. (4) Diabetes. (5) Epilepsy. (6) A heart condition. (7) Hemophilia. (8) Lead poisoning. (9) Leukemia. (10) Nephritis. (11) Rheumatic fever. (12) Sickle cell anemia.

The list of acute or chronic health conditions in the federal definition of other health impairment (which is similar to the list in the Michigan rule) is not exhaustive, but rather provides examples of problems that children have that could make them eligible for special education services and programs under the category of OHI. The regulations leave it up to the IEP team to determine if other medical conditions would make the student eligible as OHI. Fed. Reg. p.46550 (2006)

The IDEA also includes Tourette syndrome in their list of health problems which would apply to OHI. § 300.8(c)(9)


(b) The impairment adversely affects a student's educational performance

Examples of adverse affects on students with an other health impairment:

Absences from school due to illness leaves student behind in instruction.

Limited alertness makes it difficult for student to attend to tasks for more than a short period of time.

Any physical effort may leave the child exhausted and requires periods of rest between academic tasks or reduced instructional time.

Inability to focus contributes to decreased alertness to the educational environment.

Limited ability to attend to specific academic tasks because they are overly alert to the general environment.

Increased levels of hyperactivity, restlessness, impulsivity result in problems with social interactions.

2.A determination of disability shall be based upon a full and individual

evaluation by a MET, 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.

A physician means an individual licensed under the Michigan Public Health Code to engage in the practice of medicine. The “practice as a physician’s assistant” means the practice of medicine…performed under the supervision of a physician,” and would not meet the criteria for this requirement. 1978 PA 368, MCL 333.17001

If it is determined that regardless of a medical diagnosis, the student is able to function in the school environment without specialized instruction, the student should be found ineligible. Accommodations for the student to function in the school environment may be more appropriately provided through a 504 plan.


G. Speech and Language Impairment (SLI) R 340.1710

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.

Examples of adverse affects for students with a speech and language impairment:

Articulation or phonological errors severely impact ability to communicate and socialize effectively with peers or adults.

Articulation or phonological errors severely impact the ability to develop phonemic awareness skills necessary for reading.

Student’s dysfluency impacts the ability to communicate with peers and teachers and results in severely reduced participation in social and academic settings.

Disorders of voice results in intelligibility or student are so difficult to understand as to severely reduce social interactions or participation in the learning setting.

Disorders in language severely impair the student’s ability to access instruction effectively or interact with age appropriate peers or adults. Delays seen in acquiring vocabulary, understanding directions or content information, social language, acquiring academic skills.

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:

(1) Phonology (2) Morphology (3) Syntax (4) Semantics (5) 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 sub rule (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), Services for students with speech and language impairment.

Since students eligible in any disability area have access to all program and services based on their identified needs, it is not necessary to have a speech and language designation to receive speech and language services.

Adding or dropping speech services for a student identified as Speech and Language Impaired requires a diagnostic report provided by a speech provider, and therefore requires the LEA to convene an IEP team to complete a REED. The service should be reported on the IEP as R 340.1745.

If the student is identified in another eligibility area, and is receiving speech and language services as a related service, there is not a requirement to convene a REED and provide a diagnostic report. The service should be


reported on the IEP as § 300.34.

5. A determination of impairment shall be

based upon a full and individual evaluation by a MET, 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.

H. Early Childhood Developmental Delay (ECDD) R 340.1711

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.

IEP teams should consider specific eligibilities when appropriate. Students may require specialized

interventions, amplification, adaptive devices, specially trained personnel, etc.

Referral or access to resources outside the educational setting may be dependent upon a specific disability label.

Redetermination of eligibility must be made before the student’s 8th birthday.

2. A determination of early childhood developmental delay shall be based upon a full and individual evaluation by a multidisciplinary evaluation team.

Michigan rules specify that a determination of eligibility shall be based upon a full and individual evaluation by a MET.

Teams must develop an evaluation plan, and obtain parental consent.

Data for determination of eligibility should be based on current assessment data.

I. Specific Learning Disability (SLD) R 340.1713; § 340.307

See OSE-EIS May 2010 document, Michigan Criteria for Determining the Existence of a


Specific Learning Disability.

J. Severely Multiply Impaired (SXI) R 340.1714 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: (1) A hearing impairment so severe that the auditory channel is not the primary means of developing speech and language skills. (2)A visual impairment so severe that

the visual channel is not sufficient to guide independent mobility.

(3) A physical impairment so severe that activities of daily living cannot be achieved without assistance.

(4)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: (1) A hearing impairment so severe that the auditory channel is not the primary means of developing speech and language skills. (2) A visual impairment so severe that the visual channel is not sufficient to guide independent mobility. (3) A physical impairment so severe that activities of daily living cannot be achieved without assistance. (4)A health impairment so severe that the student is medically at risk. 2.A determination of impairment shall be based upon a full and individual evaluation by a MET, which shall include a psychologist and,


depending upon the disabilities in the physical domain, the MET participants required for that disability area. K. Autism Spectrum Disorder (ASD) R 340.1715

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: (1) 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. (2) Failure to develop peer relationships appropriate to developmental level. (3) 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.

(4) Marked impairment in the areas of social or emotional reciprocity.

An evaluation for ASD should include both a developmental history and a description of current behavior by a caregiver as well as direct observation of the child in multiple settings. The observer(s) should have sufficient knowledge and experience with ASD. A student should be observed in the classroom, in an unstructured setting, and during times of transition. Section 300.304 requires a variety of assessment tools and strategies for determining eligibility and programming. It also requires that instruments used to assess the contribution of cognitive and behavioral factors be technically sound. Numerous screening and diagnostic instruments have been developed to provide another tool for a full and individual evaluation. The most well-known diagnostic instruments for ASD are the Autism Diagnostic Interview – Revised (ADI-R) and the Autism Diagnostic Observation Schedule (ADOS). The ADI-R is a caregiver interview that takes about 2 hours; the ADOS is a series of play-based tasks administered to the child. These instruments require special training to administer. Other diagnostic or screening instruments include the Childhood Autism Rating Scale (CARS), the Autism Behavior Checklist (ABC), and the Social Communication Questionnaire (SCQ).


(b) Qualitative impairments in communication including at least 1 of the following: (1) 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. (2) Marked impairment in pragmatics or in the ability to initiate, sustain, or engage in reciprocal conversation with others. (3) Stereotyped and repetitive use of language or idiosyncratic language. (4) 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: (1) Encompassing preoccupation with 1 or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus. (2) Apparently inflexible adherence to specific, nonfunctional routines or rituals. (3) Stereotyped and repetitive motor mannerisms, for example, hand or finger flapping or twisting, or complex whole-body movements. (4) 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 sub rule 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 full and individual evaluation by a MET 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. K. Traumatic Brain Injury (TBI) R 340.1716 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.

To be eligible under TBI, student must show normal development, and then sustain an assault to the head. It includes injuries which result from, but not limited to, such things as a car accident, a fall, a blow to the head, or gunshot to head.

Assaults which may be the result of acquired brain injuries (ABI), such as stroke, brain tumor, infection of the brain, those which may be the result of injuries to the brain sustained during the process of birth, or are degenerative in nature would not be eligible as TBI, but should be considered under other eligibility categories such as PI or OHI.

Examples of adverse affect for students with traumatic brain injury:

Student may lose ability to walk, talk, feed themselves or toilet themselves and must relearn these skills in order to access the learning environment.

Student may have to relearn basic reading, writing and math skills.

Student may have cognitive losses that result in trouble finding words, forgetfulness, difficulty understanding directions, or higher order thinking skills, that need to be retrained or accommodated.

Losses may be short term, long term, or permanent, and may impact adaptive skills, and activities of daily living.

Mental processes related to learning such as attention, organization, or concentration, may be impacted.

Changes in social functioning, inability to handle stress and pressure, distractibility, agitation, depression, and panic attaches,


may impact the student’s ability to perform in the classroom.

3. A determination of disability shall be based upon a full and individual evaluation by a MET, 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.

A physician means an individual licensed under the Michigan Public Health Code to engage in the practice of medicine. The “practice as a physician’s assistant” means the practice of medicine…performed under the supervision of a physician,” and would not meet the criteria for this requirement. 1978 PA 368, MCL 333.17001

In addition to the required physician, the MET team should include staff to evaluate all aspects of the student’s post trauma functioning. That could include a PT or OT to evaluate physical needs, a special education teacher who could evaluate the educational needs of the student, a school psychologist or school social worker to assess the social/emotional needs of the student, a speech and language pathologist to assess language and communication needs.

If it is determined that regardless of a medical diagnosis, the student is able to function in the school environment without specialized instruction, the student should be found ineligible. Accommodations for the student to function in the school environment may be more appropriately provided through a 504 plan.

L. Deaf-Blindness (DB) R 340.1717 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 MET which shall include assessment data from all of the following: (a) Medical specialists such as any of the following: (1) An ophthalmologist (2) An optometrist (3) An audiologist (4) An otolaryngologist (5) An otologist (6) 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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