THE REVISED SCHOOL CODE
Act 451 of 1976
380.1751 Special education programs and services of local school district.
Sec. 1751.
(1) The board of a local school district shall provide special education programs and services designed to meet the individual needs of each student with a disability in its district on record under section 1711 for whom an appropriate educational or training program can be provided in accordance with the intermediate school district special education plan, in either of the following ways or a combination thereof:
(a) Operate the special education program or service.
(b) Contract with its intermediate school board, another intermediate school board, another local school district board, an adjacent school district board in a bordering state, the Michigan schools for the deaf and blind, the department of health and human services, or any combination thereof, for delivery of the special education programs or services, or with an agency approved by the superintendent of public instruction for delivery of an ancillary professional special education service. The intermediate school district of which the local school district is constituent shall be a party to each contract even if the intermediate school district does not participate in the delivery of the program or services.
(2) A local school district contract for the provision of a special education program or service shall provide specifically for:
(a) Special education buildings, equipment, and personnel necessary for the operation of the subject program or service.
(b) Transportation or room and board, or both, for persons participating in the programs or services as required under sections 1756 and 1757.
(c) The contribution to be made by the sending local school district if the program or service is to be operated by another party to the contract. The contribution shall be in accordance with rules promulgated by the superintendent of public instruction.
(d) Other matters the parties consider appropriate.
(3) Each program or service operated or contracted for by a local school district shall be in accordance with the intermediate school district's plan established pursuant to section 1711.
(4) A local school district may provide additional special education programs and services not included in, or required by, the intermediate school district plan.
(5) This section shall be construed to allow operation of programs by departments of state government without local school district contribution.
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 340.1806 of the Michigan Administrative Code.
Notes of Decisions
Schmidt v. Dep't of Educ., 490 N.W.2d 584 (Mich. 1992).
· cites it 4× “[4] See MCL 380.1751; MSA 15.41751 (special education); MCL 380.”
Michigan Prot. & Advocacy Serv., Inc. v. Caruso, 581 F. Supp. 2d 847 (W.D. Mich. 2008).
· cites it 5× “Referring to the aforementioned statute requiring state government departments to operate special-education programs, Mich. Comp. Laws § 380.1751 (5), MPAS argues that under this provision, “departments of state government, which include MDOC, are obligated to provide those…”
Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997).
· cites it 2× “[16] Specifically, special education was originally mandated by 1971 P.A. 198 for school year 1973-74 and thereafter.”
Snyder v. Charlotte Pub. Sch. Dist., 365 N.W.2d 151 (Mich. 1985).
· cites it 2× “2511; special education programs for handicapped persons residing in the school district, MCL 380.1751; MSA 15.41751; bus transportation under certain circumstances, MCL 380.”
Barwacz v. Michigan Dep't of Educ., 674 F. Supp. 1296 (W.D. Mich. 1987).
· cites it 2× “§ 380.1751(1)] provides: “The board of a local school district shall provide special education programs and services designed to develop the maximum potential of each handicapped person in its district on record under section 1711 for whom an appropriate educational or training…”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988).
· cites it 2× “MCL 380.1751(1); MSA 15.41751(1). The statute also provides that a local school district may either operate the programs directly or "contract” with its isd for the delivery of special education programs and services.”
Durant v. Dep't of Educ., 463 N.W.2d 461 (Mich. Ct. App. 1990).
“” MCL 380.1751(1); MSA 15.41751(1). In other words, Michigan law imposes a substantive standard prescribing the level of education to be accorded disabled children where federal law does not.”
Troy Sch. Dist. v. Boutsikaris Ex Rel. Boutsikaris, 250 F. Supp. 2d 720 (E.D. Mich. 2003).
· cites it 2× “3d at 565 (quoting Mich. Comp. Laws § 380.1751 (1)). As to this latter, substantive inquiry, it is here that the courts must grant a degree of deference to the state administrative determination on appeal.”
Brosnan v. Livonia Pub. Schs., 333 N.W.2d 288 (Mich. Ct. App. 1983).
“Significant to our conclusion in this regard is the fact that MCL 380.1751; MSA 15.41751 provides that a school district must provide special education programs and services for handicapped persons in its district.”
Barwacz v. Michigan Dep't of Educ., 681 F. Supp. 427 (W.D. Mich. 1988).
“§ 380.1751(l)(b). The Court is not completely convinced that this “geographical” limitation is necessarily as restrictive as defendants suggest, yet without engaging in some sort of “selective incorporation” and without the benefit of more guidance on the issue of maximum…”
— Mich. Comp. Laws § 380.1751(1) — 7 cases
Durant v. State of Michigan, 566 N.W.2d 272 (Mich. 1997).
“[16] Specifically, special education was originally mandated by 1971 P.A. 198 for school year 1973-74 and thereafter.”
Barwacz v. Michigan Dep't of Educ., 674 F. Supp. 1296 (W.D. Mich. 1987).
“§ 380.1751(1)] provides: “The board of a local school district shall provide special education programs and services designed to develop the maximum potential of each handicapped person in its district on record under section 1711 for whom an appropriate educational or training…”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 422 N.W.2d 504 (Mich. 1988).
“MCL 380.1751(1); MSA 15.41751(1). The statute also provides that a local school district may either operate the programs directly or "contract” with its isd for the delivery of special education programs and services.”
Durant v. Dep't of Educ., 463 N.W.2d 461 (Mich. Ct. App. 1990).
“” MCL 380.1751(1); MSA 15.41751(1). In other words, Michigan law imposes a substantive standard prescribing the level of education to be accorded disabled children where federal law does not.”
— Mich. Comp. Laws § 380.1751(4) — 1 case
— Mich. Comp. Laws § 380.1751(5) — 1 case
Michigan Prot. & Advocacy Serv., Inc. v. Caruso, 581 F. Supp. 2d 847 (W.D. Mich. 2008).
“Referring to the aforementioned statute requiring state government departments to operate special-education programs, Mich. Comp. Laws § 380.1751 (5), MPAS argues that under this provision, “departments of state government, which include MDOC, are obligated to provide those…”
— Mich. Comp. Laws § 380.1751(l)(b) — 1 case
Barwacz v. Michigan Dep't of Educ., 681 F. Supp. 427 (W.D. Mich. 1988).
“§ 380.1751(l)(b). The Court is not completely convinced that this “geographical” limitation is necessarily as restrictive as defendants suggest, yet without engaging in some sort of “selective incorporation” and without the benefit of more guidance on the issue of maximum…”
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