Mich. Admin. Code R. 393.5027

Current through Vol. 24-22, December 15, 2024
Section R. 393.5027 - Exceptions; standard level designations

Rule 27.

(1) A troupe member of a theater company, performing artist, dignitary, or speaker that utilizes sign language as part of his or her repertoire is not required to be a qualified interpreter, as the person signing is there for artistic purposes and is not upon the request of a D/DB/HH person for reasonable accommodation.
(2) During a state or national emergency, a person facilitating communication between a D/DB/HH person and first responders is exempt from these rules until a qualified interpreter may be found.
(3) Following the implementation of 4.0 as the educational standard, the director shall grant an exception to the standard at the request of the school district when all the following factors exist:
(a) An educational program has exhausted all reasonable efforts to locate an interpreter possessing the required standard.
(b) The educational program has informed the division in writing describing its attempts and inability to locate a properly qualified interpreter and the division has failed for a period of 14 days to provide the program with an appropriate and employable candidate.
(c) The rule from which the exception is granted would otherwise result in a D/DB/HH child being without communication access for his or her education.
(d) Other educational options such as enrollment in a Michigan School for the Deaf, participation in a regional deaf education program, or enrollment in a remote educational program have been discussed, evaluated, and considered with the parent or parents of the D/DB/HH child by the IEP team.
(e) The requirements of subdivisions (a) to (d) of this subrule shall be reviewed annually by the division and if granted, an exception is only effective through the end of the applicable school year.
(4) An interpreter granted an exception under subrule (3) of this rule shall provide both of the following:
(a) Proof of having received an EIPA score of 3.5 or higher within the past 24 months.
(b) Documentation establishing acquisition of 12 additional hours of educational interpreting training within the last 12 months, and annual maintenance of CEUs for educational interpreting.

Mich. Admin. Code R. 393.5027

2014 AACS