Understanding Deviations and Waivers in Special Education: February 2024 Webinar Insights
The February 2024 Office of Special Education Technical Assistance webinar focuses on deviations, waivers, and ISD plans, aiming to clarify the distinctions between deviations and waivers in special education, providing insights into laws and rules guiding these processes, and outlining application requirements. Participants will gain a comprehensive understanding of how deviations and waivers impact educational planning and student outcomes.
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Welcome! The February 2024 Office of Special Education Technical Assistance webinar will begin in a few moments. The webinar recording and presentation materials will be posted on the Catamaran Technical Assistance Website under Past Events (https://training.catamaran.part ners/past-events/). Closed captioning is available for this webinar. To select this option, choose the closed caption icon in the Zoom webinar player. MDE Office of Special Education 1
Monthly Technical Assistance: Deviations, Waivers, and Intermediate School District (ISD) Plans February 2024 Michigan Department of Education Office of Special Education
Purpose of the Webinar Participants will understand The differences between a deviation and a waiver, and an alternate program in an ISD Plan. The law and rules these are based upon. The application requirements. Office of Special Education 3
Acronyms ISD Intermediate School District MDE Michigan Department of Education OSE Office of Special Education MARSE Michigan Administrative Rules for Special Education PSA Public School Academy LEA Local Educational Agency PAC Parent Advisory Committee MCL Michigan Compiled Law SSW School Social Worker MDE Office of Special Education 4
Deviations Office of Special Education 5
What is a Deviation? R 340.1734 Approval allows the district to deviate from a requirement in a MARSE rule. An ISD, LEA, or a PSA may apply. Serves the best interest of the student. May only be approved for the remainder of the school year. May not be used for preplanning or to postpone findings of noncompliance. Office of Special Education 6
Catamaran Application Requirements Requesting District Statement Teacher Statement Caseload/Classroom Schedule Including Student List Class Schedule (Departmentalized Programs) ISD Statement and Redacted Copy of application to the PAC Office of Special Education 7
Frequent Deviation Questions If a district has a waiver for a specific rule, may the district request a deviation for the same rule? No, a deviation may only be requested for the requirements in a MARSE rule, not to the requirements in a waiver. May a district request more than one deviation for the same rule? Yes Office of Special Education 8
Deviation Application Process Rule 340.1734 specifies the process. District submits application to the ISD in Catamaran. ISD completes and submits application to the MDE within 7 days of receipt from the district. MDE initiates action within 30 calendar days of receipt. Office of Special Education 9
Waivers Office of Special Education 10
What is a Waiver? MCL 380.1281(3) State superintendent may grant a waiver to allow a district to operate differently from a specific rule requirement if the criteria in this subsection are met. District must show it can meet the intent of the rule in a more effective, efficient, or economical manner, or that the waiver is necessary to stimulate improved student performance. Office of Special Education 11
MCL 380.1281(3) Continued Waivers may be granted for up to three years. Waivers may be renewed. State superintendent may place conditions on a waiver. State superintendent may revoke a waiver if the waiver no longer meets the criteria of this sub-section, compromises equal opportunities for learning, or is detrimental to the educational interests of students. Office of Special Education 12
Types of Waivers Program Rules Part 3 of the MARSE (Catamaran) Teacher Flexibility (Catamaran) oR 340.1758 Autism Spectrum Disorder Teacher Requirement oR 390.1105(3) Other Programs Teacher Requirement except programs for students who are deaf or hard of hearing (DHH) or visually impaired (VI). School Social Worker R 340.1799f ISD Joint Elementary Age Span R 340.1733(d) Office of Special Education 13
Program Rule Waiver: Application Requirements Identify the rule and the length of time for which a waiver is sought. Describe how the district intends to meet the intent of the rule with the requested waiver. Describe how interested parties were involved in the application process. Describe the plan for assuring the district, if granted the waiver, will continue to meet requirements of the waiver. Office of Special Education 14
Teacher Flexibility Waiver R 340.1758 The purpose of the waiver is to address the teacher shortage in programs for students with autism spectrum disorder (ASD). The district may apply for a waiver to place a teacher endorsed in Emotional Impairment (EI), Cognitive Impairment (CI), or Learning Disability (LD). The waiver may be renewed for an additional year for the same teacher in the same position. Office of Special Education 15
Teacher Flexibility Waiver R 340.1758 Application Requirements The district has posted and attempted to fill the position with a teacher endorsed in ASD for a reasonable time without success. The district has sent a communication to all district teaching staff seeking teachers interested in obtaining temporary approval. No current district teachers are willing to seek temporary approval. A substitute teacher has been assigned to fill the position. Office of Special Education 16
Teacher Flexibility Waiver R 390.1105(3) The purpose of the waiver is to address the teacher shortage in special education programs. Allows a teacher with a special education endorsement in any area to be assigned to a special education program that differs from the area of endorsement. Programs for students who are Deaf and Hard of Hearing or Visually Impaired are not included. The waiver may be renewed for an additional year for the same teacher in the same position. Office of Special Education 17
Teacher Flexibility Waiver R 390.1105(3) Application Requirements The district has posted and attempted to fill the position with a teacher whose endorsement matches the program. The district has sent a communication to all district teaching staff seeking teachers interested in obtaining temporary approval. No current district teachers are willing to seek temporary approval. A substitute teacher has been assigned to fill the position. Office of Special Education 18
School Social Worker Waiver R 340.1799f Application Requirements The purpose of the waiver is to address the SSW shortage. The district has posted and attempted to fill the position with a school social worker without success. The candidate ohas a Michigan master s level social worker license. oIs enrolled in an approved school social work program. oMust work under the direction of a fully approved school social worker provided by the district. Office of Special Education 19
Elementary Age Span Waiver R 340.1733(d) The purpose of the waiver is to address an issue with rule language re: age span in elementary buildings. ISD joint waiver not in Catamaran. Applies to all member districts. Submit to MDE OSE Information Line. Office of Special Education 20
Renewals All waivers may be renewed. Applications for renewals require information and documentation about the effectiveness of the waiver being renewed. Program rule waivers may be renewed for up to three years. Office of Special Education 21
Renewals Continued SSW waivers may be renewed for one year for the same social worker in the same position who is completing requirements for SSW approval. SSW waivers may be renewed for one year only. Teacher flexibility waivers may be renewed for one year for the same special education teacher in the same position without reposting the job. After one teacher flexibility waiver renewal, the job must be posted. If all conditions of the initial waiver are met, the district may place the same teacher in the same position. Renewals require assurance of satisfactory performance evaluations. Office of Special Education 22
SSW Waiver Frequent Questions May a district request a waiver for a bachelor s level social worker? No, the waiver is to allow a Michigan licensed master s level social worker to work as an SSW while completing requirements for SSW approval. For SSW renewals, does the district have to re-post the job? No, a renewal may be requested for one year for the same person to stay in the same position. After one renewal, the social worker must have completed the requirements for SSW approval. Office of Special Education 23
Deviation vs. Waiver A deviation is student-specific and approved for the current academic year only. A waiver: oallows a district to operate a program in a different way than specified in the applicable rule and may be approved for up to 3 years. oAllows a district flexibility in placement of school personnel based on certain conditions. Office of Special Education 24
ISD Plans Office of Special Education 25
Revised School Code: MCL 380.1711(1)(a) Requires ISD board to develop, establish, and continually evaluate and modify in cooperation with constituent districts a plan for delivery of special education programs and services to meet the individual needs of students with disabilities. The plan shall coordinate the special education programs and services operated or contracted for by the constituent districts. The plan is submitted to the state superintendent for approval. Office of Special Education 26
ISD Plans: Michigan Administrative Rules for Special Education (MARSE) Part 7 of the MARSE: Rules 340.1831 through 340.1839, outlines the requirements for the development, submission, and monitoring of ISD plans. Office of Special Education 27
ISD Plan Required Content Section I: Public Awareness and Child Find Section II: Diagnostic and Related Services Section III: Special Education Programs and Services Section IV: Paraprofessional Qualifications Section V: Transportation Section VI: Millage Fund Distribution Section VII: Parent Advisory Committee Section VIII: Surrogate Parents MDE Office of Special Education 28
ISD Plans: R 340.1832(e) The ISD plan shall either describe special education programs and services under Part 3 of the Michigan Administrative Rules for Special Education or shall propose alternative special education programs and services. Office of Special Education 29
ISD Plan Options: R 340.1832(e) Option One: Modification of Part Three of the Rules oExample: Increased caseload to resource programs Option Two: Alternate Program or Service oExamples: Specialists Positions, Transition Programs, etc. Office of Special Education 30
R 340.1832(e): Option Two Requirements Name of district operating the program or service Name of the Program or Service Population of students and the placement criteria Role of Teachers Certification and/or endorsements of teachers and services Caseload, students at one time Paraprofessional ratio Office of Special Education 31
Information Recap Office of Special Education 32
What is the difference? Process Who approves? Who it applies to? How Long is approved for? Deviation: R 340.1734 Waiver: MCL 380.1281(3) Alternate Program in ISD Plan : R 340.1832(e) OSE Applies to a single district and is student-specific Applies to a single district Current academic year State Superintendent Up to three years State Superintendent Applies to the entire ISD and constituent districts operating program. Till the ISD submits a change or OSE requests change(s) which is approved by the state superintendent Office of Special Education 33
Resources How to Complete a Waiver Application for Districts How to Complete a Deviation Request for Districts How to Review and Complete a Deviation Request for ISDs Initial Administrative Rule Waiver Application for School Social Worker Renewal Application: Administrative Rule Waiver for School Social Worker Guidance for the Development of Intermediate School District Plan for the Delivery of Special Education Programs and Services in Catamaran MDE Office of Special Education 34
Contact Information MDE-OSE Information Line Interpreter Services Available MDE-OSE@michigan.gov 1-888-320-8384 MDE Office of Special Education 35
