Michigan Special Education Requirements
What special education requirements does Michigan have beyond federal law?
Michigan has numerous special education requirements that exceed or differ from the federal IDEA baseline. The most significant Michigan-specific provisions are: (1) FAPE through age 25 — Michigan provides FAPE to students who are not more than 25 years of age as of September 1 of the school year, and who have not graduated with a regular high school diploma (R 340.1702; MCL 380.1701(1)) — well beyond the federal maximum of age 21; students who turn 26 after September 1 may complete that school year; (2) Short-term objectives required for ALL students — Michigan requires measurable short-term objectives for all students with IEPs, not just those on alternate assessments (R 340.1721f; exceeds 34 CFR 300.320(a)(2)(ii)); (3) 30-school-day evaluation timeline — Michigan's evaluation timeline (from parental consent to completed evaluation AND IEP meeting) is 30 school days (R 340.1721b(1)), stricter than the federal 60-calendar-day default; (4) 10-school-day notice — within 10 school days of a written evaluation request, the district must provide written notice and request consent (R 340.1721b); (5) ISD structure — Michigan's 56 Intermediate School Districts/RESAs provide unique regional special education infrastructure with no federal equivalent (MCL 380.1711); (6) One-party consent recording — MCL §750.539c allows parents to record IEP meetings without notifying the school; (7) ESY consideration mandatory at every IEP meeting (R 340.1721e); (8) Michigan School for the Deaf and Michigan School for the Blind — state residential schools that IEP teams must consider in placement decisions; (9) MDE guidance 7-day IEE response timeline (R 340.1723c, MDE interpretation); (10) Rethinking Discipline Act — MCL 380.1310d requires restorative practices for all students; (11) ECDD through age 7 only — narrower than federal maximum of age 9 (R 340.1711).
What Michigan Requires
FAPE is available to students not more than 25 years of age as of September 1, who have not graduated with a regular diploma — well beyond the federal maximum of age 21 (R 340.1702; MCL 380.1701(1)).
Short-term objectives are required for ALL students with IEPs — not just alternate assessment students — a Michigan requirement beyond federal IDEA (R 340.1721f; compare 34 CFR 300.320(a)(2)(ii)).
The 30-school-day evaluation timeline (from consent to evaluation AND IEP meeting complete) is more stringent than the federal 60-calendar-day default (R 340.1721b(1)).
Michigan's one-party consent recording law (MCL §750.539c) allows parents to record IEP meetings without informing the school — a significant Michigan-specific parental right.
56 ISDs/RESAs provide regional infrastructure for special education delivery, supervision, and compliance — a Michigan-unique structure with no federal equivalent (MCL 380.1711).
Michigan's restraint/seclusion law (MCL 380.1307a–h, PA 394 of 2016) provides protections beyond federal IDEA requirements — same-day parent notification, written report within 1 school day/7 calendar days.
MDE guidance interprets MARSE R 340.1723c as requiring a 7-calendar-day IEE response deadline — the district must fund or file for due process within 7 days of an IEE request.
Key Timelines
FAPE available to students not more than 25 as of September 1 (R 340.1702; MCL 380.1701(1)) — vs. federal age 21.
30 school days from parental consent to completed evaluation and IEP meeting (R 340.1721b(1)) — vs. federal 60 calendar days.
10 school days from written evaluation request to district notice and consent request (R 340.1721b).
7 calendar days for district to respond to an IEE request by funding or filing for due process (MDE guidance; MARSE R 340.1723c).