Mich. Admin. Code R. 340.1836 - Objections to plan; procedures

Rule 136.

(1) Any constituent local school district, a public school academy, or the parent advisory committee may file objections in whole or in part with the intermediate school district to an approved intermediate school district plan or a plan modification that the intermediate school district has submitted to the superintendent of public instruction for approval. Within 7 calendar days, the board of education of the intermediate school district shall send a copy of objections to the plan to the department and to all constituent local school districts, public school academies, and the parent advisory committee by certified mail, return receipt requested. Objections must specify the challenged portions of the intermediate school district plan, contain a specific statement of the reasons for objection, and propose alternative provisions.

(2) The department shall refer objections to the Michigan office of administrative hearings and rules, which shall assign an administrative law judge who shall promptly give reasonable notice of a hearing. The hearing must begin not later than 30 calendar days after the department receives the objections. The administrative law judge shall conduct the hearing according to procedures established by the department. After the appointment of the administrative law judge, the objecting party may withdraw the objections if the intermediate school district agrees.

(3) The intermediate school district, a constituent local school district, a public school academy, or the parent advisory committee may file with the department a response to objections before the hearing.

(4) Within 30 calendar days after the closing of the hearing, the administrative law judge shall submit to the department findings of fact and conclusions of law and shall recommend to the superintendent of public instruction whether the superintendent of public instruction should approve the intermediate school district plan or modification to the plan as submitted, approve the intermediate school district plan or modification to the plan with other modifications deemed appropriate by the administrative law judge, or grant the objections as submitted. The department shall immediately mail the findings and recommendations to all parties to the intermediate school district plan. Any party may file written exceptions to the findings and recommendations with the superintendent of public instruction within 20 calendar days of receipt of the findings and recommendations and shall provide copies of the exceptions to all other parties. After review of the intermediate school district plan; the objections; the findings of fact, the conclusions of law, and the recommendations of the administrative law judge; and any exceptions, the superintendent of public instruction shall issue a final decision not more than 30 calendar days from the date the exceptions were due.

Notes

Mich. Admin. Code R. 340.1836

1979 AC; 1980 AACS; 1987 AACS; 2002 AACS; 2020 MR 3, Eff. 2/13/2020