Program Statement

The function of Program Accountability (PA) is to assure compliance with all state and federal requirements and obligations for the administration and delivery of special education programs and service in Michigan.

PA has the following responsibilities regarding the implementation of state and federal rules and regulations related to special education:

1. Disseminate policies and developing guidance concerning the state rules and federal regulations for special education.
2. Manage the special education administrative rules promulgation process.
3. Develop and revise documents, policies, and procedures assuring compliance with the Individuals with Disabilities Education Act (IDEA).
4. Review all Intermediate School district (ISD) plans for the provision and of special education in Michigan recommending approval of the plans to the Superintendent of Public Instruction.
5. Review and recommend receipt, by the Superintendent of Public Instruction, of interagency agreements and state agency plans for the Michigan Departments of Community Health, Human Services, Corrections, and other agencies as appropriate.
6. Provide policy research and review for the Office of Special Education and Early Intervention Services (OSE-EIS), including all documents prepared for the State Board of Education and the Superintendent of Public Instruction.
7. Process requests for deviations and waivers of Michigan's Administrative Rules for Special Education (MARSE).
8. Administer the state processes for special education state complaints and due process complaints/hearings and manage a statewide grant for special education mediations in accordance with the IDEA.
9. Process requests for information under the Freedom of Information Act (FOIA).
10. Review special education personnel preparation programs and recommend approval by the Office of Professional Preparation Services.
11. Administer the special education teacher approvals system.
12. Respond to Michigan Department of Education (MDE) requests to analyze state legislation pertinent to special education.
13. Develop and implement an integrated monitoring system to improve the performance of students with disabilities.
14. Coordinate functions and activities within the integrated statewide monitoring system using multi-source data provided by Michigan's Annual Performance Report (APR) and State Performance Plan (SPP) through: the Continuous Improvement and Monitoring System-2 (CIMS-2); Focused Monitoring (desk audits, self reviews, and on-site visits); approval of LEA and ISD corrective action plans in response to findings of noncompliance.
15. Coordinate the federally required Determinations for each Michigan local educational agency (LEA) including analysis of data.
16. Develop and implement new products and activities as identified through Michigan's integrated statewide monitoring system.
17. Collaborate with all OSE-EIS programs in the development, production, and implementation of Michigan's SPP/APR through representation on the SPP/ARR Core Team. Indicator leads for SPP Indicators: 5, 9, 10, 11, 15, 16, 17, 18, and 19.
18. Provide policy guidance and administrative support to Michigan's Special Education Advisory Committee (SEAC).
19. Administer and coordinate regular meetings with stakeholders through the Program Accountability Advisory Team (PAAT). Develop and initiate additional advisory teams and other advisory and work groups as needed.
20. Coordinate, implement, and sustain all special education technical assistance, including: a toll-free hotline; governor referrals; legislative referrals; State Superintendent referrals; State Board of Education referrals; inter-agency assistance; and, direct assistance to each LEA and ISD.
21. Develop and distribute state model forms.
22. Administer and coordinate all contractors and vendors for Program Accountability to assure that Michigan meets its IDEA general supervision responsibilities.

The consequences of not fulfilling the various mandated compliance activities would result in the loss of federal funds of over $398 million. In addition, Michigan would fail to operationalize mandated state complaint and due process rights. Technical assistance to correct findings of noncompliance would be negated. The rights of students with disabilities to receive a free appropriate public education would be undermined. The state would not be eligible for federal funds under the IDEA and would be subject to litigation and extensive oversight and sanctions form the U.S. Department of Education.

Sources of Financing

Federal funding is appropriated through the IDEA:

• Part B for administration and federal requirements, grants, and special education services;
• Shared responsibility for Section 619 for preschool special education administration, federal requirements, and services.
• State funding is appropriated through the State School Aid Act and the department appropriations bill. As of 2002, federal funds are appropriated in the State School Aid Act.

Legal Base

The State Constitution, Article 8, Section 8, provides the initial legal basis for special education in Michigan. P.A. 198 of 1971, later included in P.A. 451 of the Public Acts of 1976 (the Revised school Code), mandates special education in Michigan. The law requires the State Board of Education to promulgate rules which describe how mandatory special education is implemented. Rules to implement the law took effect in 1973 and were revised in 1977, 1980, 1982, 1983, 1987, 1989, 1990, 1994, 1996, 1997, 2002, 2004, 2005, 2006, and 2008. Public Law 94-142, the Education of All Handicapped Children Act, was the original federal mandate. This law was amended by the Individuals with Disabilities Education Act (IDEA) in 1990, and in 1997, and most recently amended in 2004. Section 1296 of Michigan's Revised School Code, two U.S. Supreme Court Decisions, Public Act 451 of 1976, and State Board of Education policy establish both general and specific supervisory and enforcement responsibilities with the Department of Education and the OSE-EIS for the provision of auxiliary services and public agency placement of qualifying students in private schools. Federal and State Freedom of Information Acts establish responsibilities regarding information release.

Federal laws which currently regulate the use of federal funds and the provision of services to children and youth with disabilities include:

• P.L. 108-446, the Individuals with Disabilities Education Act of 2004 and its implementing regulations;
• The Rehabilitation Act of 1973, Section 504, as amended in 2005;
• General Education Provisions Act of 1973 as amended and the accompanying regulations under the Education Department General Administrative Regulations; and
• The Family Education Rights and Privacy Act.

The OSE-EIS organization includes six program areas:

• Administration
• Program Accountability
• Program Finance
• Performance Reporting
• Low Incidence Outreach (MSB-LIO)
• Michigan School for the Deaf (MSD)

Program Effectiveness

• The U.S. Department of Education requires each state to submit eligibility documents which outline policies, procedures, and plans governing the use of the annual allocation(s) of federal funds under PL 108-446, the IDEA. Program Accountability staff coordinate the development of federal applications for the delivery of special education and early intervention programs and services for young children, students, and youth with disabilities. The estimated federal grant award(s) varies from year to year and currently total in excess of $380 million.
• The State Board of Education is mandated to provide leadership for and consistency among the various functional entities within the special education delivery and early intervention system by setting policy and providing guidance. Program Accountability is responsible to develop policies, procedures, and administrative rules and process them for the State Board of Education and/or the Superintendent of Public Instruction.
• Program Accountability measures effectiveness by: successfully processing ISD and agency plans; providing consultative and technical assistance; efficiently administering the statewide integrated monitoring system; resolving state complaints and implementing procedures and processes for state complaints and due process hearings; providing professional development; processing deviations and waivers; processing FOIA requests; completing legislative bill analyses; and completing reviews of special education personnel preparation programs.
• Ultimate effectiveness is measured in: the identification of all eligible children, students, and youth with disabilities and the provision of special education programs and services and early intervention services; provision of a free appropriate public education; the provision of due process rights in accordance with state and federal laws; continuing development of and implementation of the CIMS-2; compliance monitoring for Parts B and C throughout the state and correction of all findings of non-compliance in a timely manner; continuous improvement in the area of parent involvement; and state improvement toward meeting SPP targets.