HOUSE BILL No. 4698 April 24, 1997, Introduced by Reps. Brackenridge, Jelinek, DeVuyst, Scranton, Godchaux, Middleton, Goschka, Fitzgerald, Byl, LaForge, Rocca, Jansen, Dalman, Oxender, Jellema and Hammerstrom and referred to the Committee on Education. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 1996 PA 300. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) "Center program" means a program operated by a 2 district or intermediate district for special education pupils 3 from several districts in programs for the autistically impaired, 4 trainable mentally impaired, severely mentally impaired, severely 5 multiply impaired, hearing impaired, physically and otherwise 6 health impaired, and visually impaired. Programs for emotionally 7 impaired pupils housed in buildings that do not serve regular 8 education pupils shall also qualify. Unless otherwise approved 9 by the department, a center program either shall serve all 10 constituent districts within an intermediate district or shall 11 serve several districts with less than 50% of the pupils residing 02902'97 a TAV 2 1 in the operating district. In addition, special education center 2 program pupils placed part-time in noncenter programs to comply 3 with the least restrictive environment provisions of section 612 4 of part B of the individuals with disabilities education act, 5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered 6 center program pupils for pupil accounting purposes for the time 7 scheduled in either a center program or a noncenter program. 8 (2) "District pupil retention rate" means the proportion of 9 pupils who have not dropped out of school in the immediately pre- 10 ceding school year and is equal to 1 minus the quotient of the 11 number of pupils unaccounted for in the immediately preceding 12 school year, as determined pursuant to subsection (3), divided by 13 the pupils of the immediately preceding school year. 14 (3) "District pupil retention report" means a report of the 15 number of pupils, excluding migrant and adult, in the district 16 for the immediately preceding school year, adjusted for those 17 pupils who have transferred into the district, transferred out of 18 the district, transferred to alternative programs, and have grad- 19 uated, to determine the number of pupils who are unaccounted 20 for. The number of pupils unaccounted for shall be calculated as 21 determined by the department. 22 (4) "Membership", except as otherwise provided in this act, 23 means for 1996-97 the average number of full-time equated pupils 24 in grades K to 12 actually enrolled and in regular daily 25 attendance in a district, public school academy, university 26 school, or intermediate district on the pupil membership count 27 day for the current school year and on the supplemental count day 02902'97 a 3 1 for the immediately preceding school year, as determined by the 2 department and calculated by adding the number of pupils regis- 3 tered for attendance plus pupils received by transfer and minus 4 pupils lost as defined by rules promulgated by the state board, 5 and as corrected by a subsequent department audit, plus the final 6 audited count from the supplemental count day for the immediately 7 preceding school year, and dividing that sum by 2. The amount of 8 the foundation allowance to be paid on behalf of a pupil in mem- 9 bership is determined under section 20. In making the calcula- 10 tion of membership, all of the following, as applicable, apply to 11 determining the membership of a district, public school academy, 12 university school, or intermediate district: 13 (a) Except as otherwise provided in this subsection, a pupil 14 shall be counted in membership in the pupil's educating district 15 or districts. An individual pupil shall not be counted for more 16 than a total of 1.0 full-time equated membership. 17 (b) If a pupil is educated in a district other than the 18 pupil's district of residence and the educating district is not 19 in the same intermediate district as the pupil's district of res- 20 idence, if the pupil is not being educated as part of a coopera- 21 tive education program, if the pupil's district of residence does 22 not give the educating district its approval to count the pupil 23 in membership in the educating district, and if the pupil is not 24 covered by an exception specified in subsection (6) to the 25 requirement that the educating district must have the approval of 26 the pupil's district of residence to count the pupil in 02902'97 a 4 1 membership, the pupil shall not be counted in membership in any 2 district. 3 (c) A special education pupil educated by the intermediate 4 district shall be counted in membership in the intermediate 5 district. A special education pupil who is educated in a center 6 program operated by a district and who is not required to be 7 counted in membership in an intermediate district shall be 8 counted in membership in the educating district. 9 (d) A pupil placed by a court or state agency in an 10 on-grounds program of a juvenile detention facility, a child 11 caring institution, or a mental health institution, or a pupil 12 funded under FORMER section 53 or SECTION 53a, shall be counted 13 in membership in the district or intermediate district approved 14 by the department to operate the program. 15 (e) A pupil enrolled in the Michigan school for the deaf and 16 blind shall be counted in membership in the pupil's intermediate 17 district of residence. 18 (f) A pupil enrolled in a vocational education program sup- 19 ported by a millage levied over an area larger than a single dis- 20 trict or in an area vocational-technical education program estab- 21 lished pursuant to section 690 of the revised school code,being22section 380.690 of the Michigan Compiled LawsMCL 380.690, shall 23 be counted only in the pupil's district of residence. 24 (g) A pupil enrolled in a university school shall be counted 25 in membership in the university school. 26 (h) A pupil enrolled in a public school academy shall be 27 counted in membership in the public school academy. 02902'97 a 5 1 (i) For a new district, university school, or public school 2 academy beginning its operation after December 31, 1994, member- 3 ship for the first 2 full or partial fiscal years of operation 4 shall be determined as follows: 5 (i) If operations begin before the pupil membership count 6 day for the fiscal year, membership is the average number of 7 full-time equated pupils in grades K to 12 actually enrolled and 8 in regular daily attendance on the pupil membership count day for 9 the current school year and on the supplemental count day for the 10 current school year, as determined by the department and calcu- 11 lated by adding the number of pupils registered for attendance on 12 the pupil membership count day plus pupils received by transfer 13 and minus pupils lost as defined by rules promulgated by the 14 state board, and as corrected by a subsequent department audit, 15 plus the final audited count from the supplemental count day for 16 the current school year, and dividing that sum by 2. 17 (ii) If operations begin after the pupil membership count 18 day for the fiscal year and not later than the supplemental count 19 day for the fiscal year, membership is the final audited count of 20 the number of full-time equated pupils in grades K to 12 actually 21 enrolled and in regular daily attendance on the supplemental 22 count day for the current school year. 23 (j) If a district is the authorizing body for a public 24 school academy, then, in the first school year in which pupils 25 are counted in membership on the pupil membership count day in 26 the public school academy, the determination of the district's 27 membership shall exclude from the district's pupil count for the 02902'97 a 6 1 immediately preceding supplemental count day any pupils who are 2 counted in the public school academy on that first pupil member- 3 ship count day who were also counted in the district on the imme- 4 diately preceding supplemental count day. 5 (k) In a district, public school academy, university school, 6 or intermediate district operating an extended school year pro- 7 gram approved by the state board, a pupil enrolled, but not 8 scheduled to be in regular daily attendance on a pupil membership 9 count day, shall be counted. 10 (l)Pupils toTO be counted in membership,shall be not11less than 5 years of age on December 1 andA PUPIL SHALL MEET 12 THE APPLICABLE MINIMUM AGE REQUIREMENT TO BE ELIGIBLE TO ATTEND 13 SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL 14 380.1147, OR SHALL HAVE RECEIVED A WAIVER UNDER THAT SECTION, AND 15 SHALL BE less than 20 years of age on September 1 of the school 16 year.exceptHOWEVER, a special education pupil who is enrolled 17 and receiving instruction in a special education program approved 18 by the department,andWHO DOES nothavingHAVE a high school 19 diploma, AND who is less than 26 years of age as of September 1 20 of the current school year shall be counted in membership. 21 (m) An individual who has obtained a high school diploma 22 shall not be counted in membership. An individual who has 23 obtained a general education development (G.E.D.) certificate 24 shall not be counted in membership. An individual participating 25 in a job training program funded under former section 107a or a 26 jobs program funded under former section 107b, both administered 27 by the Michigan jobs commission, or participating in any 02902'97 a 7 1 successor of either of those 2 programs, shall not be counted in 2 membership. 3 (n) If a pupil counted in membership in a public school 4 academy is also educated by a district or intermediate district 5 as part of a cooperative education program, the pupil shall be 6 counted in membership only in the public school academy, and the 7 instructional time scheduled for the pupil in the district or 8 intermediate district shall be included in the full-time equated 9 membership determination under subdivision (q). However, for 10 pupils receiving instruction in both a public school academy and 11 in a district or intermediate district but not as a part of a 12 cooperative education program, the following apply: 13 (i) If the public school academy provides instruction for at 14 least 1/2 of the class hours specified in subdivision (q), the 15 public school academy shall receive as its prorated share of the 16 full-time equated membership for each of those pupils an amount 17 equal to 1 times the product of the hours of instruction the 18 public school academy provides divided by the number of hours 19 specified in subdivision (q) for full-time equivalency, and the 20 remainder of the full-time membership for each of those pupils 21 shall be allocated to the district or intermediate district pro- 22 viding the remainder of the hours of instruction. 23 (ii) If the public school academy provides instruction for 24 less than 1/2 of the class hours specified in subdivision (q), 25 the district or intermediate district providing the remainder of 26 the hours of instruction shall receive as its prorated share of 27 the full-time equated membership for each of those pupils an 02902'97 a 8 1 amount equal to 1 times the product of the hours of instruction 2 the district or intermediate district provides divided by the 3 number of hours specified in subdivision (q) for full-time equiv- 4 alency, and the remainder of the full-time membership for each of 5 those pupils shall be allocated to the public school academy. 6 (o) An individual less than 16 years of age as of September 7 1 of the current school year who is being educated in an alterna- 8 tive education program shall not be counted in membership if 9 there are also adult education participants being educated in the 10 same program or classroom. 11 (p) The department shall give a uniform interpretation of 12 full-time and part-time memberships. 13 (q) For the purposes of this subsection, full-time equated 14 memberships for pupils in grades 1 to 12 shall be determined by 15 dividing the number of class hours scheduled and provided per 16 year per pupil by 900 for 1994-95, and by 990 for 1995-96 and 17 1996-97. For succeeding fiscal years, the number of class hours 18 used to calculate full-time equated memberships shall be consis- 19 tent with section 1284 of the revised school code,being section20380.1284 of the Michigan Compiled LawsMCL 380.1284. In deter- 21 mining full-time equated memberships for pupils who are enrolled 22 in a postsecondary institution under the postsecondary enrollment 23 options act,Act No. 160 of the Public Acts of 1996, being sec-24tions 388.511 to 388.524 of the Michigan Compiled Laws1996 PA 25 160, MCL 388.511 TO 388.524, a pupil shall not be considered to 26 be less than a full-time equated pupil solely because of the 27 effect of his or her postsecondary enrollment, including 02902'97 a 9 1 necessary travel time, on the number of class hours provided by 2 the district to the pupil. 3 (r) Full-time equated memberships for pupils in kindergarten 4 shall be determined by dividing the number of class hours sched- 5 uled and provided per year per kindergarten pupil by a number 6 equal to 1/2 the number used for determining full-time equated 7 memberships for pupils in grades 1 to 12. 8 (s) For a district that has qualified currently migrant 9 pupils enrolled in the district as of the pupil membership count 10 day who were not counted in membership in the district on the 11 supplemental count day for the immediately preceding school year, 12 as determined by the department using the criteria used for eli- 13 gibility for the migrant education program under the 14 Hawkins-Stafford elementary and secondary school improvement 15 amendments of 1988, Public Law 100-297, 102 Stat. 130, the number 16 of those pupils counted in the district's membership is 3/4 of 17 the number of those pupils counted on the pupil membership count 18 day only. 19 (t) For a district, university school, or public school 20 academy that has pupils enrolled in a grade level that was not 21 offered by the district, university school, or public school 22 academy in the immediately preceding school year, the number of 23 pupils enrolled in that grade level to be counted in membership 24 is the average of the number of those pupils enrolled and in reg- 25 ular daily attendance on the pupil membership count day and the 26 supplemental count day of the current school year, as determined 27 by the department. Membership shall be calculated by adding the 02902'97 a 10 1 number of pupils registered for attendance in that grade level on 2 the pupil membership count day plus pupils received by transfer 3 and minus pupils lost as defined by rules promulgated by the 4 state board, and as corrected by subsequent department audit, 5 plus the final audited count from the supplemental count day for 6 the current school year, and dividing that sum by 2. 7 (U)(v)For purposes of calculating membership for 1996-97 8 only, the department shall use for the February 1996 supplemental 9 count the definition of membership under this subsection that is 10 in effect on the 1996-97 pupil membership count day. 11 (V)(y)For 1996-97 only, if a district has individuals at 12 least age 16 as of December 1 and less than age 20 as of 13 September 1 of the school year who are enrolled in the district 14 in a department-approved alternative education program and who 15 were enrolled in an alternative education program operated 16 through adult education in 1995-96 and therefore not counted in 17 membership in a district on the 1996 supplemental count day, the 18 number of those individuals counted in the district's membership 19 is the number of those individuals counted as pupils on the 20 district's 1996 pupil membership count day only. 21 (W)(z)A pupil enrolled in a cooperative education pro- 22 gram may be counted in membership in the pupil's district of res- 23 idence with the written approval of all parties to the coopera- 24 tive agreement. 25 (X)(aa)If, as a result of a disciplinary action, a dis- 26 trict determines through the district's alternative education 27 program that the best instructional placement for a pupil is in 02902'97 a 11 1 the pupil's home, if that placement is authorized in writing by 2 the district superintendent and district alternative education 3 supervisor, and if the district provides appropriate instruction 4 as described in this subdivision to the pupil at the pupil's 5 home, the district may count the pupil in membership on a pro 6 rata basis, with the proration based on the number of hours of 7 instruction the district actually provides to the pupil divided 8 by the number of hours specified in subdivision (q) for full-time 9 equivalency. For the purposes of this subdivision, a district 10 shall be considered to be providing appropriate instruction if 11 all of the following are met: 12 (i) The district provides at least 2 nonconsecutive hours of 13 instruction per week to the pupil at the pupil's home under the 14 supervision of a certificated teacher. 15 (ii) The district provides instructional materials, 16 resources, and supplies, except computers, that are comparable to 17 those otherwise provided in the district's alternative education 18 program. 19 (iii) Course content is comparable to that in the district's 20 alternative education program. 21 (iv) Credit earned is awarded to the pupil and placed on the 22 pupil's transcript. 23 (Y)(bb)A pupil enrolled in an alternative education pro- 24 gram described in section 25 shall be counted in membership in 25 the district or public school academy that expelled the pupil. 26 (5) "Public school academy" means a public school academy 27 operating under part 6a or 6b of the revised school code,being02902'97 a 12 1sections 380.501 to 380.507 and 380.511 to 380.518 of the2Michigan Compiled LawsMCL 380.501 TO 380.507 AND MCL 380.511 TO 3 380.518. 4 (6) "Pupil" means a person in membership in a public 5 school. A district must have the approval of the pupil's dis- 6 trict of residence to count the pupil in membership, except 7 approval by the pupil's district of residence shall not be 8 required for nonpublic part-time pupils, for pupils receiving 1/2 9 or less of their instruction in a district other than their dis- 10 trict of residence, for pupils enrolled in a public school acad- 11 emy or university school, for pupils enrolled in a district other 12 than their district of residence under an intermediate district 13 schools of choice pilot program as described in section 91a or 14 former section 91 if the intermediate district and its constitu- 15 ent districts have been exempted from section 105, or for pupils 16 enrolled in a district other than their district of residence but 17 within the same intermediate district if the educating district 18 enrolls nonresident pupils in accordance with section 105. 19 (7) "Pupil membership count day" of a district or intermedi- 20 ate district means: 21 (a) Except as provided in subdivision (b), the fourth Friday 22 in September each school year. 23 (b) For a district or intermediate district maintaining 24 school during the entire school year, the following days: 25 (i) Fourth Friday in July. 26 (ii) Fourth Friday in September. 02902'97 a 13 1 (iii) Second Friday in February. 2 (iv) Fourth Friday in April. 3 (8) "Rule" means a rule promulgated pursuant to the adminis- 4 trative procedures act of 1969,Act No. 306 of the Public Acts5of 1969, being sections 24.201 to 24.328 of the Michigan Compiled6Laws1969 PA 306, MCL 24.201 TO 24.328. 7 (9) "The revised school code" meansAct No. 451 of the8Public Acts of 1976, being sections 380.1 to 380.1852 of the9Michigan Compiled Laws1976 PA 451, MCL 380.1 TO 380.1852. 10 (10) "School fiscal year" means a fiscal year which com- 11 mences July 1 and continues through June 30. 12 (11) "State board" means the state board of education. 13 (12) "Supplemental count day" means the day on which the 14 supplemental pupil count is conducted under section 6a. 15 (13) "Tuition pupil" means a pupil of school age attending 16 school in a district other than the pupil's district of residence 17 for whom tuition may be charged. Tuition pupil does not include 18 a pupil who is a special education pupil; a pupil enrolled in a 19 district other than the pupil's district of residence but within 20 the same intermediate district if the educating district enrolls 21 nonresident pupils in accordance with section 105; or a pupil 22 served by an intermediate district schools of choice pilot pro- 23 gram as described in section 91a or former section 91 if the 24 intermediate district and its constituent districts have been 25 exempted from section 105. A pupil's district of residence shall 26 not require a high school tuition pupil, as provided under 02902'97 a 14 1 section 111, to attend another school district after the pupil 2 has been assigned to a school district. 3 (14) "State school aid fund" means the state school aid fund 4 established in section 11 of article IX of the state constitution 5 of 1963. 6 (15) "Taxable value" means the taxable value of property as 7 determined under section 27a of the general property tax act, 8Act No. 206 of the Public Acts of 1893, being section 211.27a of9the Michigan Compiled Laws1893 PA 206, MCL 211.27A. 10 (16) "Total state aid" or "total state school aid" means the 11 total combined amount of all funds due to a district, intermedi- 12 ate district, or other entity under all of the provisions of this 13 act. 14 (17) "University school" means an instructional program 15 operated by a public university under section 23 that meets the 16 requirements of section 23. 02902'97 a Final page. TAV