Autism Spectrum Disorder (ASD) Laws

Michigan administrative rules for special education as authorized under Act 451

Current Rule
R 340.1715 Autism spectrum disorder defined; determination.
Rule 15.

  1. Autism disorder is considered a lifelong developmental disability that adversely affects a student’s educational performance in one or more of the following performance areas:
    1. Academic
    2. Behavorial
    3. Social
    Autism disorder is typically manifested before 36 months of age. A child who first manifests the characteristics after age 3 may also meet criteria. Autism disorder is characterized by qualitative impairments in reciprocal social interaction, qualitative impairments in communication, and restricted range of interests/repetitive behavior.

  2. Determination for eligibility shall include all of the following:
    1. Qualitative impairments in reciprocal social interactions including at least two of the following areas:
      1. Marked impairment in the use of multiple nonverbal behaviors such as eye-to-eye gaze, facial expression, body postures, and gestures to regulate social interaction.
      2. Failure to develop peer relationships appropriate to developmental level.
      3. Marked impairment in spontaneous seeking to share enjoyment, interests, or achievements with other people; for example, by a lack of showing, bringing, or pointing out objects of interest.
      4. Marked impairment in the areas of social or emotional reciprocity.
    2. Qualitative impairments in communication including at least one of the following:
      1. Delay in, or total lack of, the development of spoken language not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime.
      2. Marked impairment in pragmatics or in the ability to initiate, sustain, or engage in reciprocal conversation with others.
      3. Stereotyped and repetitive use of language or idiosyncratic language.
      4. Lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level.
    3. Restricted, repetitive, and stereotyped behaviors including at least one of the following:
      1. Encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus.
      2. Apparently inflexible adherence to specific, nonfunctional routines or rituals.
      3. Stereotyped and repetitive motor mannerisms, for example, hand or finger flapping or twisting, or complex whole-body movements.
      4. Persistent preoccupation with parts of objects.

  3. Determination may include unusual or inconsistent response to sensory stimuli, in combination with subdivisions (a), (b), and (c) of sub-rule (2).

  4. While autism spectrum disorder may exist concurrently with other diagnoses or areas of disability, to be eligible under this rule, there shall not be a primary diagnosis of schizophrenia or emotional impairment.

  5. A determination of impairment shall be based upon a comprehensive evaluation by a multidisciplinary evaluation team including, at a minimum, a psychologist or psychiatrist, an authorized provider of speech and language under R 340.1745(d), and a school social worker.

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