THE REVISED SCHOOL CODE
Act 451 of 1976
380.1711 Duties of intermediate school board; expenditures.
Sec. 1711.
(1) The intermediate school board shall do all of the following:
(a) Develop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education that provides for the delivery of special education programs and services designed to meet the individual needs of each student with a disability of whom the intermediate school board is required to maintain a record under subdivision (f). The plan shall coordinate the special education programs and services operated or contracted for by the constituent districts and shall be submitted to the superintendent of public instruction for approval.
(b) Contract for the delivery of a special education program or service, in accordance with the intermediate school district plan in compliance with section 1701. Under the contract the intermediate school board may operate special education programs or services and furnish transportation services and room and board.
(c) Employ or engage special education personnel in accordance with the intermediate school district plan, and appoint a director of special education meeting the qualifications and requirements of the rules promulgated by the superintendent of public instruction.
(d) Accept and use available funds or contributions from governmental or private sources for the purpose of providing special education programs and services consistent with this article.
(e) Lease, purchase, or otherwise acquire vehicles, sites, buildings, or portions thereof, and equip them for its special education staff, programs, and services.
(f) Maintain a record of each student with a disability under 26 years of age, who is a resident of 1 of its constituent districts and who has not graduated from high school, and the special education programs or services in which the student with a disability is participating on the fourth Friday after Labor Day and Friday before Memorial Day. The sole basis for determining the local school district in which a student with a disability is a resident shall be the rules promulgated by the superintendent of public instruction notwithstanding the provisions of section 1148. The records shall be maintained in accordance with rules promulgated by the superintendent of public instruction.
(g) Have the authority to place in appropriate special education programs or services a student with a disability for whom a constituent district is required to provide special education programs or services under section 1751.
(h) Investigate special education programs and services operated or contracted for by the intermediate school board or constituent district boards and report in writing failures to comply with the provisions of a contract, statute, or rule governing the special education programs and services or with the intermediate school district plan, to the local school district board and to the superintendent of public instruction.
(i) Operate the special education programs or services or contract for the delivery of special education programs or services by local school district boards, in accordance with section 1702, as if a local school district under section 1751. The contract shall provide for items stated in section 1751 and shall be approved by the superintendent of public instruction. The intermediate school board shall contract for the transportation, or room and board, or both, or persons participating in the program or service as if a local school district board under sections 1756 and 1757.
(j) Receive the report of a parent or guardian or, with the consent of a parent or guardian, receive the report of a licensed physician, registered nurse, social worker, or school or other appropriate professional personnel whose training and relationship to students with a disability provide competence to judge them and who in good faith believes that a person under 26 years of age examined by the professional is or may be a student with a disability, and immediately evaluate the person pursuant to rules promulgated by the superintendent of public instruction. A person making or filing this report or a local school district board shall not incur liability to a person by reason of filing the report or seeking the evaluation, unless lack of good faith is proven.
(k) Evaluate pupils in accordance with section 1311.
(2) The intermediate school board may expend up to 10% of the annual budget but not to exceed $12,500.00, for special education programs approved by the intermediate school board without having to secure the approval of the superintendent of public instruction.
History: 1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 2008, Act 1, Imd. Eff. Jan. 11, 2008 ;-- Am. 2016, Act 532, Eff. Apr. 9, 2017
PopularName Notes:
Act 451
AdminRule Notes:
R 340.1701 et seq. of the Michigan Administrative Code.
Notes of Decisions
Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986).
· cites it 2× “This issue must be dealt with here because of inconsistencies in the holding of the Court of Appeals which leave the proper interpretation of § 29 and MCL 21.”
Durant v. Dep't of Educ., 463 N.W.2d 461 (Mich. Ct. App. 1990).
“Judge Deneweth found that the following services were required by state law, funded by categorical aid, and subject to the dictates of §29: special education, MCL 380.1711; MSA 15.41711, special education transportation, MCL 380.”
Michigan Prot. & Advocacy Serv., Inc. v. Caruso, 581 F. Supp. 2d 847 (W.D. Mich. 2008).
“Laws § 380.1711 (directing intermediate school district boards to “[d]evelop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education .”
Barwacz v. Michigan Dep't of Educ., 674 F. Supp. 1296 (W.D. Mich. 1987).
“§ 380.1711] provides: (1) The intermediate school board shall: *1306 Plan; development; requisites, (a) Develop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education which shall provide for the delivery of…”
Durant v. Dep't of Educ., 342 N.W.2d 591 (Mich. Ct. App. 1983).
“41153; special education, MCL 380.1711; MSA 15.41711; and auxiliary services which are provided to students in public schools must be provided to students at nonpublic schools, MCL 380.”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988).
“MCL 380.1711(1)(a); MSA 15.41711(1)(a). Local districts are required to provide special education programs *378 and services "in accordance with the intermediate school district special education plan .”
Flint Bd. of Educ. v. Williams, 276 N.W.2d 499 (Mich. Ct. App. 1979).
“MCL 380.1711; MSA 15.41711 provides that school boards shall establish plans for special education.”
Feaster v Portage Pub. Schs., 547 N.W.2d 328 (Mich. 1996).
“41148, which provides: Except as provided in [MCL 380.1711; MSA 15.41711], a child placed under the order or direction of a court or child placing agency in a licensed home, or a child whose parents or legal guardians are unable to provide a home for the child and who is placed…”
Port Huron Area Sch. Dist. v. Port Huron Educ. Assoc (Mich. Ct. App. 2016).
· cites it 2× “”2 The ALJ continued: 2 MCL 380.1711 states: (1) The intermediate school board shall do all of the following: (a) Develop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education that provides for the delivery of…”
One v. MacOmb Intermediate Sch. Dist. (Mich. Ct. App. 2023).
· cites it 2× “According to MCL 380.1711(a), intermediate schools are vested with the responsibility of enforcing the statutory obligations and providing the requisite education designed to meet the individual needs of each student with a disability.”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 397 N.W.2d 219 (Mich. Ct. App. 1986).
“41701(a), and the intermediate school districts have this same duty to "[d]evelop, establish, and continually evaluate and modify” intermediate district plans for special education in cooperation with their constituent districts, MCL 380.1711(1)(a); MSA 15.41711(1)(a). However,…”
Ad v. Grand Blanc Cmty. Schs. (Mich. Ct. App. 2020).
“1701 and MCL 380.1711. The Court stated, “The MSEA therefore more specifically addresses the education of disabled children than does the” PWDCRA.”
— Mich. Comp. Laws § 380.1711(1) — 1 case
Port Huron Area Sch. Dist. v. Port Huron Educ. Assoc (Mich. Ct. App. 2016).
“”2 The ALJ continued: 2 MCL 380.1711 states: (1) The intermediate school board shall do all of the following: (a) Develop, establish, and continually evaluate and modify in cooperation with its constituent districts, a plan for special education that provides for the delivery of…”
— Mich. Comp. Laws § 380.1711(1)(a) — 2 cases
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988).
“MCL 380.1711(1)(a); MSA 15.41711(1)(a). Local districts are required to provide special education programs *378 and services "in accordance with the intermediate school district special education plan .”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 397 N.W.2d 219 (Mich. Ct. App. 1986).
“41701(a), and the intermediate school districts have this same duty to "[d]evelop, establish, and continually evaluate and modify” intermediate district plans for special education in cooperation with their constituent districts, MCL 380.1711(1)(a); MSA 15.41711(1)(a). However,…”
— Mich. Comp. Laws § 380.1711(a) — 1 case
One v. MacOmb Intermediate Sch. Dist. (Mich. Ct. App. 2023).
“According to MCL 380.1711(a), intermediate schools are vested with the responsibility of enforcing the statutory obligations and providing the requisite education designed to meet the individual needs of each student with a disability.”
— Mich. Comp. Laws § 380.1711(c) — 1 case
One v. MacOmb Intermediate Sch. Dist. (Mich. Ct. App. 2023).
“According to MCL 380.1711(a), intermediate schools are vested with the responsibility of enforcing the statutory obligations and providing the requisite education designed to meet the individual needs of each student with a disability.”
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