Mich. Comp. Laws » Michigan Compiled Laws / Chapter 380 / Act 451 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 380.1701 (2026)

Duties of superintendent of public instruction.

✓ current as of July 2026
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THE REVISED SCHOOL CODE


Act 451 of 1976


380.1701 Duties of superintendent of public instruction.

Sec. 1701.

    The superintendent of public instruction shall do all of the following:

    (a) Require each intermediate school board to submit a plan pursuant to section 1711, in accordance with special education rules, to be approved by the superintendent of public instruction.

    (b) Promulgate rules setting forth the requirements of the plans and procedures for submitting them.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 2008, Act 1, Imd. Eff. Jan. 11, 2008

PopularName Notes:

Act 451

AdminRule Notes:

    R 340.1701 et seq. and R 380.51 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 43 cases (3 in the last 5 years), 1978–2024 · leading case: Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997).
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Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997). · cites it 4× “§ 380.1701 et seq.; M.S.A. § 15.41701 et seq.”
Barwacz v. Michigan Dep't of Educ., 674 F. Supp. 1296 (W.D. Mich. 1987). · cites it 5× “, requires the state to develop a plan assuring all handicapped children the right to free appropriate public education. 20 USC 1412(1). Free appropriate public education means services which meet the standards of the state educational agency.”
Woolcott v. State Bd. of Educ., 351 N.W.2d 601 (Mich. Ct. App. 1984). · cites it 6× “Count II alleged a violation of Michigan’s mandatory special education act (hereafter MMSE), MCL 380.1701 et seq.; MSA 15.41701 et seq.”
Waterman Ex Rel. Waterman v. Marquette-Alger Intermediate Sch. Dist., 739 F. Supp. 361 (W.D. Mich. 1990). · cites it 2× “In Michigan, the EHA is implemented by the Mandatory Special Education Act, codified at Article 3 of the School Code of 1976, Mich.Comp.Laws Ann. § 380.1701 et seq., as amended.”
Jenkins v. Carney-Nadeau Pub. Sch., 505 N.W.2d 893 (Mich. Ct. App. 1993). · cites it 3× “However, administrative remedies must be exhausted before resorting to the courts.”
Dep't of Educ. v. Grosse Pointe Pub. Schs., 701 N.W.2d 195 (Mich. Ct. App. 2005). · cites it 48× “The circuit court's decision stated that MCL 380.1701, [9] which is part of the Michigan mandatory special education act (MMSEA), clearly indicates that the State Board of Education's duties are not limited to special education programs in public schools for public school…”
Michigan Prot. & Advocacy Serv., Inc. v. Caruso, 581 F. Supp. 2d 847 (W.D. Mich. 2008). · cites it 2× “See Mich. Comp. Laws § 380.1701 (a) (directing the Superintendent to “[djevelop, establish, and continually evaluate and modify in cooperation with intermediate school boards, a state plan for special education which shall provide for delivery of special education programs and…”
Zdrowski v. Rieck, 119 F. Supp. 3d 643 (E.D. Mich. 2015). · cites it 2× “Michigan has implemented these requirements through the Michigan Mandatory Special Education Act (“MMSEA”), Michigan Compiled Laws § 380.1701. Michigan regulations provide.”
Martin Luther King Junior Elementary Sch. Child. v. Michigan Bd. of Educ., 451 F. Supp. 1324 (E.D. Mich. 1978). · cites it 2× “§ 380.1701 et seq., the defendants have failed to determine whether plaintiffs’ learning difficulties stem from cultural, social, and economic deprivation and to establish a program which would enable plaintiffs to overcome the cultural, social, and economic deprivations which…”
Nelson v. Southfield Pub. Schs., 384 N.W.2d 423 (Mich. Ct. App. 1986). · cites it 3× “The district argues that the state review official’s decision that Michigan’s mandatory special education act (MMSE), MCL 380.1701 et seq.; MSA 15.41701 et seq.”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988). · cites it 2× “Our decision is based on the pera as well as on pertinent provisions of article 3 of the School Code, MCL 380.1701 et seq.; MSA 15.41701 et seq.”
Flint Bd. of Educ. v. Williams, 276 N.W.2d 499 (Mich. Ct. App. 1979). · cites it 2× “MCL 380.1701 et seq; MSA 15.41701 et seq.”
Show all 43 citing cases →
— Mich. Comp. Laws § 380.1701(a) — 10 cases
Jenkins v. Carney-Nadeau Pub. Sch., 505 N.W.2d 893 (Mich. Ct. App. 1993). “However, administrative remedies must be exhausted before resorting to the courts.”
Woolcott v. State Bd. of Educ., 351 N.W.2d 601 (Mich. Ct. App. 1984). “Count II alleged a violation of Michigan’s mandatory special education act (hereafter MMSE), MCL 380.1701 et seq.; MSA 15.41701 et seq.”
Kuszewski Ex Rel. Kuszewski v. Chippewa Valley Schs., 131 F. Supp. 2d 926 (E.D. Mich. 2001).
Barwacz v. Michigan Dep't of Educ., 674 F. Supp. 1296 (W.D. Mich. 1987). “, requires the state to develop a plan assuring all handicapped children the right to free appropriate public education. 20 USC 1412(1). Free appropriate public education means services which meet the standards of the state educational agency.”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988). “Our decision is based on the pera as well as on pertinent provisions of article 3 of the School Code, MCL 380.1701 et seq.; MSA 15.41701 et seq.”
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