HOUSE BILL No. 4525 March 19, 1997, Introduced by Reps. Agee, Hood, Wallace, Freeman, Vaughn, Parks, Varga, Kilpatrick, Baade, LaForge, Hanley, Hale, Brewer, Bogardus, Martinez, Murphy, Prusi, Anthony, Baird, Schauer, Gubow, Kelly, Thomas, Gire, Callahan and Brater and referred to the Committee on Appropriations. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 105 (MCL 388.1705), as added by 1996 PA 300. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 105. (1) In order to avoid a penalty under this sec- 2 tion, and in order to count a nonresident pupil residing within 3 the same intermediate district in membership without the approval 4 of the pupil's district of residence, a district shall comply 5 with this section. 6 (2) Except as otherwise provided in subsection (3),or7(4),a district shall determine by June 1 whether or not it will 8 accept applications for enrollment by nonresident applicants 9 residing within the same intermediate district for the next 10 school year. If the district determines to accept applications 11 for enrollment of a number of nonresidents, beyond those entitled 02109'97 TAV 2 1 to preference under this section, the district shall do all of 2 the following: 3 (a) By June 15, publish the grades, schools, and special 4 programs, if any, for which enrollment may be available to, and 5 for which applications will be accepted from, nonresident appli- 6 cants residing within the same intermediate district. 7 (b) At least until July 1, accept applications from nonresi- 8 dents residing within the same intermediate district for enroll- 9 ment in the available grades, schools, and programs. 10 (c) By July 15, using the procedures and preferences 11 required under this section, determine which nonresident appli- 12 cants will be allowed to enroll in the district and notify the 13 parent or legal guardian of each nonresident applicant of whether 14 or not the applicant may enroll in the district. The notifica- 15 tion to parents or legal guardians of nonresident applicants 16 accepted for enrollment shall contain notification of the date by 17 which the applicant must enroll in the district and procedures 18 for enrollment. 19(3) For 1996 only, the deadlines for the process described20in subsection (2) are as follows:21(a) July 1 for determining whether or not the district will22accept applications.23(b) July 15 for publishing the grades, schools, and special24programs, if any, for which applications will be accepted.25(c) At least until August 1 for accepting applications.02109'97 3 1(d) August 15 for determining which nonresident applicants2will be allowed to enroll and notifying parents and legal3guardians.4 (3)(4)If deadlines similar to those described in subsec- 5 tion (2) have been established in an intermediate district pursu- 6 ant to a pilot intermediate district schools of choice program 7 under former section 91, and if those deadlines are not later 8 than the deadlines under subsection (2), the districts within the 9 intermediate district may continue to use those deadlines. 10 (4)(5)A district offering to enroll nonresident appli- 11 cants residing within the same intermediate district may limit 12 the number of nonresident pupils it accepts in a grade, school, 13 or program, at its discretion, and may use that limit as the 14 reason for refusal to enroll an applicant. 15 (5)(6)A DISTRICT SHALL NOT GRANT OR REFUSE ENROLLMENT OF 16 A nonresident applicant residing within the same intermediate 17 districtshall not be granted or refused enrollmentbased on 18 intellectual, academic, artistic, or other ability, talent, or 19 accomplishment, or lack thereof, or based on a mental or physical 20 disability, except that a district may refuse to admit a nonresi- 21 dent applicant if the applicant does not meet the same criteria, 22 other than residence, that an applicant who is a resident of the 23 district must meet to be accepted for enrollment in a grade or a 24 specialized, magnet, or intra-district choice school or program 25 to which the applicant applies. 26 (6)(7)A DISTRICT SHALL NOT GRANT OR REFUSE ENROLLMENT OF 27 A nonresident applicant residing within the same intermediate 02109'97 4 1 districtshall not be granted or refused enrollmentbased on 2 age, except that a district may refuse to admit a nonresident 3 applicant applying for a program that is not appropriate for the 4 age of the applicant. 5 (7)(8)A DISTRICT SHALL NOT GRANT OR REFUSE ENROLLMENT OF 6 A nonresident applicant residing within the same intermediate 7 districtshall not be granted or refused enrollmentbased upon 8 religion, race, color, national origin, sex, height, weight, mar- 9 ital status, or athletic ability, or, generally, in violation of 10 any state or federal law prohibiting discrimination. 11 (8)(9)A district may refuse to enroll a nonresident 12 applicant if the applicant is, or has been within the preceding 2 13 years, suspended from another school or if the applicant has ever 14 been expelled from another school. 15 (9)(10)A district shall give preference for enrollment 16 over all other nonresident applicants residing within the same 17 intermediate district to pupils who were enrolled in and attended 18 the district in the school year immediately preceding the school 19 year in question and to other school-age children who reside in 20 the same household as the pupil. 21 (10)(11)If a nonresident pupil was enrolled in and 22 attending school in a district as a nonresident pupil in the 23 1995-96 school year and continues to be enrolled continuously 24 each school year in that district, the district shall allow that 25 nonresident pupil to continue to enroll in and attend school in 26 the district until high school graduation, without requiring the 27 nonresident pupil to apply for enrollment under this section. 02109'97 5 1 This subsection does not prohibit a district from expelling a 2 pupil described in this subsection for disciplinary reasons. 3 (11)(12)If the number of qualified nonresident appli- 4 cants eligible for acceptance in a school, grade, or program does 5 not exceed the positions available for nonresident pupils in the 6 school, grade, or program, the school district shall accept for 7 enrollment all of the qualified nonresident applicants eligible 8 for acceptance. If the number of qualified nonresident appli- 9 cants residing within the same intermediate district eligible for 10 acceptance exceeds the positions available in a grade, school, or 11 program in a district for nonresident pupils, the district shall 12 use a random draw system, subject to the need to abide by state 13 and federal antidiscrimination laws and court orders and subject 14 to preferences allowed by this section. 15 (12) A DISTRICT THAT ENROLLS NONRESIDENT PUPILS UNDER THIS 16 SECTION SHALL PROVIDE EDUCATIONAL SERVICES TO A NONRESIDENT PUPIL 17 ENROLLED UNDER THIS SECTION ONLY WITHIN THE DISTRICT'S OWN 18 BOUNDARIES. A DISTRICT SHALL NOT PROVIDE EDUCATIONAL SERVICES TO 19 A NONRESIDENT PUPIL ENROLLED UNDER THIS SECTION AT A SITE LOCATED 20 WITHIN THE PUPIL'S DISTRICT OF RESIDENCE. THIS SUBSECTION DOES 21 NOT RESTRICT A NONRESIDENT PUPIL'S PARTICIPATION IN OCCASIONAL 22 BONA FIDE FIELD TRIPS OUTSIDE THE BOUNDARIES OF THE EDUCATING 23 DISTRICT. 24 (13) If a district, or the nonresident applicant, requests 25 the district in which a nonresident applicant resides to supply 26 information needed by the district for evaluating the applicant's 27 application for enrollment or for enrolling the applicant, the 02109'97 6 1 district of residence shall provide that information on a timely 2 basis. 3 (14) If a district is subject to a court-ordered desegrega- 4 tion plan, and if the court issues an order prohibiting pupils 5 residing in that district from enrolling in another district or 6 prohibiting pupils residing in another district from enrolling in 7 that district, this section is subject to the court order. 8 (15) This section does not require a district to provide 9 transportation for a nonresident pupil enrolled in the district 10 under this section or for a resident pupil enrolled in another 11 district under this section. However, at the time a nonresident 12 pupil enrolls in the district, a district shall provide to the 13 pupil's parent or legal guardian information on available trans- 14 portation to and from the school in which the pupil enrolls. 15 (16) If, in a particular state fiscal year, the total number 16 of pupils enrolled and counted in membership in a district is 17 less than 90% of the total number of pupils residing in the dis- 18 trict who are enrolled and counted in membership in either that 19 district or 1 or more other districts, the total amount of money 20 allocated to that district under section 20 shall be adjusted so 21 that the district receives a total allocation under section 20 22 equal to the amount the district would receive under section 20 23 if exactly 90% of the pupils residing in the district who are 24 enrolled and counted in either that district or 1 or more other 25 districts were enrolled and counted in membership in that 26 district. 02109'97 7 1 (17) A district may participate in a cooperative education 2 program with 1 or more other districts or intermediate districts 3 whether or not the district enrolls any nonresidents pursuant to 4 this section. 5 (18) A district that, pursuant to this section, enrolls a 6 nonresident pupil who is a handicapped person, as defined in sec- 7 tion 4 of the revised school code,being section 380.4 of the8Michigan Compiled LawsMCL 380.4, or who is a child with dis- 9 abilities, as defined under the individuals with disabilities 10 education act, Public Law 91-230, shall be considered to be the 11 resident district of the pupil for the purpose of providing the 12 pupil with a free appropriate public education. Consistent with 13 state and federal law, that district is responsible for develop- 14 ing and implementing an individualized education plan annually 15 for a nonresident pupil described in this subsection. 16 (19) If a district does not comply with this section, the 17 district forfeits 10% of the total amount due to the district 18 under section 20c. 19 (20) Upon application by a district, the superintendent of 20 public instruction may grant a waiver for the district from a 21 specific requirement under this section, OTHER THAN SUBSECTION 22 (12), for not more than 1 year. 23 (21) If an intermediate district is operating under an 24 intermediate district pilot schools of choice program established 25 under former section 91 or as described in section 91a, and if 26 the superintendent of public instruction determines that the 27 program is substantially similar to intermediate district schools 02109'97 8 1 of choice under this section, the superintendent of public 2 instruction may exempt the intermediate district and its constit- 3 uent districts from this section for not more than 1 year. 4 (22) It is the intent of the legislature that this section 5 will be reviewed before the 1999-2000 state fiscal year. 02109'97 Final page. 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