House Introduced Bill 5229

HOUSE BILL No. 5229

October 7, 1997, Introduced by Reps. Schauer, Bogardus, Kilpatrick, Gire, Agee, Dalman, LeTarte, Jelinek, Martinez, Callahan, Goschka, Cherry, Kaza, Schermesser, Brackenridge, Bodem, Oxender, Hale, Wojno, Hammerstrom, Byl, London, Sikkema, Scranton and Raczkowski 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 104a (MCL 388.1704a), as amended by 1997 PA

24.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 104a. (1) In order to receive state aid under this

2 act, a district shall comply with this section and shall award a

3 state-endorsed high school diploma STATE ENDORSEMENT to an eli-

4 gible graduate as provided in this section.

5 (2) For pupils scheduled to graduate in 1997, if a pupil

6 achieves the outcomes required by the state board, as measured by

7 an assessment developed under subsection (7), for a

8 state-endorsed high school diploma, or meets the requirements

9 described in former subsection (1)(c) for a state-endorsed high

10 school diploma, in 1 or more of the subject areas of

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1 communications skills, mathematics, and science, the pupil's

2 district shall award a state endorsement on the pupil's diploma

3 in each of the subject areas in which the pupil demonstrated the

4 required proficiency. Beginning with pupils scheduled to gradu-

5 ate in 1998, if IF a pupil achieves the objectives required by

6 the state board, as measured by an assessment instrument devel-

7 oped under subsection (7) (9), for a state-endorsed high

8 school diploma STATE ENDORSEMENT in 1 or more of the subject

9 areas of communications skills, mathematics, science, and, begin-

10 ning with pupils scheduled to graduate in 2000, social studies,

11 the pupil's district shall award a INCLUDE THE APPLICABLE state

12 endorsement on the pupil's diploma TRANSCRIPT in each of the

13 subject areas in which the pupil demonstrated the required

14 proficiency. THE STATE BOARD SHALL DEVELOP 3 CATEGORIES OF STATE

15 ENDORSEMENT FOR EACH SUBJECT AREA INDICATING BASIC COMPETENCY,

16 ABOVE AVERAGE, AND OUTSTANDING AND USING TERMINOLOGY FOR THE CAT-

17 EGORIES AND REQUIRED ASSESSMENT SCORES FOR EACH AS DETERMINED BY

18 THE STATE BOARD. A district shall not award a state endorsement

19 to a pupil unless the pupil meets the applicable requirements for

20 the endorsement, as described in this subsection SECTION. A

21 school district may award a high school diploma to a pupil who

22 successfully completes local district requirements established in

23 accordance with state law for high school graduation, regardless

24 of whether the pupil is eligible for any state endorsement.

25 (3) THE ASSESSMENTS ADMINISTERED FOR THE PURPOSES OF THIS

26 SECTION SHALL BE ADMINISTERED TO PUPILS DURING THE FIRST SEMESTER

27 OF GRADE 12. THE DEPARTMENT SHALL ENSURE THAT THE ASSESSMENTS

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1 ARE SCORED AND THE SCORES ARE RETURNED TO PUPILS, THEIR PARENTS

2 OR LEGAL GUARDIANS, AND DISTRICTS NOT LATER THAN THE END OF THE

3 PUPIL'S FIRST SEMESTER OF GRADE 12. THE RETURNED SCORES SHALL

4 INDICATE THE PUPIL'S NUMERICAL SCORE FOR EACH SUBJECT AREA AND

5 THE RANGE OF SCORES NECESSARY FOR EACH CATEGORY OF STATE ENDORSE-

6 MENT FOR EACH SUBJECT AREA. TO THE GREATEST EXTENT THE DEPART-

7 MENT DETERMINES TO BE PRACTICABLE, THE DEPARTMENT SHALL ARRANGE

8 FOR THOSE PORTIONS OF A PUPIL'S ASSESSMENT THAT CANNOT BE SCORED

9 MECHANICALLY TO BE SCORED BY MICHIGAN TEACHERS WHO HAVE BEEN

10 TRAINED IN SCORING THE ASSESSMENTS. IN REPORTING THE SCORES TO

11 PUPILS, PARENTS, AND SCHOOLS, THE DEPARTMENT SHALL PROVIDE SPE-

12 CIFIC, MEANINGFUL, AND TIMELY FEEDBACK ON THE AREAS IN WHICH A

13 PUPIL MUST IMPROVE IN ORDER TO ACHIEVE PROFICIENCY AND A STATE

14 ENDORSEMENT.

15 (4) (3) A pupil who does not achieve the requirements of

16 subsection (2) FOR A STATE ENDORSEMENT may be reevaluated, each

17 WITHOUT COST TO THE PUPIL, LATER IN THE school year OR AFTER

18 GRADUATION until the pupil achieves an applicable requirement for

19 a state-endorsed diploma STATE ENDORSEMENT. In addition, the

20 board of the district in which the pupil is enrolled shall pro-

21 vide that there be at least 1 meeting attended by at least the

22 pupil and a member of the district's staff or a local or interme-

23 diate district consultant who is proficient in the measurement

24 and evaluation of pupils. The district may provide the meeting

25 as a group meeting for pupils in similar circumstances. If the

26 pupil is a minor, the district shall invite and encourage the

27 pupil's parent, legal guardian, or person in loco parentis to

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1 attend the meeting and shall mail a notice of the meeting to the

2 pupil's parent, legal guardian, or person in loco parentis. The

3 purpose of this meeting and any subsequent meeting under this

4 subsection shall be to determine an educational program for the

5 pupil designed to have ASSIST the pupil TO reach proficiency in

6 each subject or skill area in which he or she was assessed by the

7 testing as not proficient. In addition, a district may provide

8 for subsequent meetings with the pupil conducted by a high school

9 counselor or teacher designated by the pupil's high school prin-

10 cipal, and shall invite and encourage the pupil's parent, legal

11 guardian, or person in loco parentis to attend the subsequent

12 meetings. The district shall provide special programs for the

13 pupil or develop a program using the educational programs regu-

14 larly provided by the district unless the board of the district

15 decides otherwise and publishes and explains its decision in a

16 public justification report. A pupil may be reevaluated at any

17 time the district administers an applicable assessment instrument

18 OR DURING A RETESTING PERIOD UNDER SUBSECTION (7).

19 (5) THE DEPARTMENT SHALL ENSURE THAT THE LENGTH OF THE

20 ASSESSMENTS USED FOR THE PURPOSES OF THIS SECTION AND THE COM-

21 BINED TOTAL TIME NECESSARY TO ADMINISTER ALL OF THE ASSESSMENTS,

22 INCLUDING SOCIAL STUDIES, ARE THE SHORTEST POSSIBLE THAT WILL

23 STILL MAINTAIN THE DEGREE OF RELIABILITY OF THE ASSESSMENT

24 RESULTS DETERMINED NECESSARY BY THE DEPARTMENT.

25 (6) (4) For a state-endorsed diploma STATE ENDORSEMENT,

26 a pupil must achieve the requirements of ESTABLISHED UNDER

27 subsection (2) in addition to any other requirements established

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1 by law or by the board of a district for a high school diploma.

2 If the board of a district determines that a pupil qualifies for

3 a state-endorsed diploma STATE ENDORSEMENT, the board shall

4 indicate on the pupil's high school diploma and transcript that

5 the pupil achieved the proficiency necessary for receipt of a

6 state-endorsed diploma STATE ENDORSEMENT AND THE CATEGORY OF

7 ENDORSEMENT EARNED FOR EACH SUBJECT AREA.

8 (7) (5) An individual may repeat any of the tests or

9 assessment instruments specified in subsection (2) USED FOR THE

10 PURPOSES OF THIS SECTION at any time the district regularly

11 offers the test or assessment ESTABLISHED BY THE DEPARTMENT

12 UNDER THIS SUBSECTION AS A RETESTING PERIOD. If an individual

13 described in this subsection achieves the requirements of subsec-

14 tion (2), and completes all other applicable requirements for a

15 high school diploma, the individual shall be awarded a

16 state-endorsed diploma STATE ENDORSEMENT as otherwise provided

17 in this section. THE DEPARTMENT SHALL ESTABLISH, SCHEDULE, AND

18 ARRANGE PERIODIC RETESTING PERIODS THROUGHOUT THE YEAR FOR INDI-

19 VIDUALS WHO DESIRE TO REPEAT AN ASSESSMENT UNDER THIS SECTION.

20 THE DEPARTMENT SHALL COORDINATE THE ARRANGEMENTS FOR ADMINISTER-

21 ING THE REPEAT ASSESSMENTS AND SHALL ENSURE THAT THE RETESTING IS

22 MADE AVAILABLE AT LEAST WITHIN EACH INTERMEDIATE DISTRICT AND, TO

23 THE EXTENT POSSIBLE, WITHIN EACH DISTRICT.

24 (8) (6) A district shall provide accommodations to a pupil

25 with disabilities for the proficiency testing or assessment

26 required under this section, as provided under section 504 of

27 title V of the rehabilitation act of 1973, Public Law 93-112, 29

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1 U.S.C. 794; subtitle A of title II of the Americans with

2 disabilities act of 1990, Public Law 101-336, 42 U.S.C. 12131 to

3 12134; and the implementing regulations for those statutes.

4 (9) (7) For the purposes of this section, the state board

5 shall develop or select and approve assessment instruments to

6 determine pupil proficiency in communications skills, mathemat-

7 ics, social studies, and science. The assessment instruments

8 shall be based on the state board model core academic content

9 standards objectives.

10 (10) (8) Upon written request by the pupil's parent or

11 legal guardian stating that the request is being made for the

12 purpose of providing the pupil with an opportunity to qualify to

13 take 1 or more postsecondary courses as an eligible student under

14 the postsecondary enrollment options act, 1996 PA 160, MCL

15 388.511 to 388.524, the board of a district shall allow a pupil

16 who is in at least grade 10 to take a test or AN assessment

17 described in subsection (2) without charge at any time the dis-

18 trict regularly administers the test or assessment or

19 administers a retest of the test or assessment DURING A RETEST-

20 ING PERIOD ESTABLISHED BY THE DEPARTMENT UNDER SUBSECTION (7). A

21 district is not required to include in an annual education

22 report, or in any other report submitted to the department for

23 accreditation purposes, results of tests or assessments taken

24 under this subsection by a pupil in grade 10 11 or lower.

25 (11) (9) All assessment instruments developed or selected

26 and approved by the state under any statute or rule for a purpose

27 related to K to 12 education shall be objective-oriented and

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1 consistent with the state board model core academic content

2 standards objectives.

3 (12) (10) Upon payment of a reasonable fee, any person

4 may, after graduation from high school, retake the

5 state-endorsed diploma test WHO HAS GRADUATED FROM HIGH SCHOOL

6 WITHOUT AN ENDORSEMENT UNDER THIS SECTION AND WHO HAS NOT PREVI-

7 OUSLY TAKEN AN ASSESSMENT UNDER THIS SECTION MAY TAKE THE ASSESS-

8 MENTS USED FOR THE PURPOSES OF THIS SECTION DURING A RETESTING

9 PERIOD SCHEDULED UNDER SUBSECTION (7) and, upon demonstrating the

10 required proficiency in a subject area, have A STATE ENDORSEMENT

11 FOR THAT SUBJECT AREA INCLUDED ON his or her high school diploma

12 state-endorsed for that subject area TRANSCRIPT.

13 (13) AT LEAST EVERY 6 MONTHS UNTIL 2000, AND NOT LATER THAN

14 JULY 1 OF EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A

15 REPORT TO THE LEGISLATURE ON THE STATUS OF THE STATE ENDORSEMENT

16 PROGRAM UNDER THIS SECTION. THE REPORT SHALL INCLUDE AT LEAST

17 ALL OF THE FOLLOWING:

18 (A) STATISTICS FOR EACH DISTRICT ON THE NUMBER AND PERCEN-

19 TAGE OF PUPILS ACHIEVING STATE ENDORSEMENTS IN EACH OF THE APPLI-

20 CABLE SUBJECT AREAS.

21 (B) A DESCRIPTION OF HOW THE ASSESSMENTS ARE ADMINISTERED,

22 INCLUDING, BUT NOT LIMITED TO, THE LENGTH OF EACH ASSESSMENT AND

23 EACH DISTINCT PORTION OF EACH ASSESSMENT, THE AMOUNT OF ADDI-

24 TIONAL TIME REQUIRED FOR ADMINISTRATION, TEST SECURITY, AND

25 INFORMATION ON REPEAT ASSESSMENTS.

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1 (C) A DESCRIPTION OF THE SCORING OF EACH ASSESSMENT, THE

2 CATEGORIES OF ENDORSEMENT, AND THE REQUIRED SCORE FOR EACH

3 CATEGORY FOR EACH SUBJECT AREA.

4 (D) A DESCRIPTION OF THE FEEDBACK PROVIDED TO PUPILS, PAR-

5 ENTS, AND SCHOOLS ON INDIVIDUAL AND AGGREGATE PUPIL PERFORMANCE

6 ON THE ASSESSMENTS.

7 (E) A DESCRIPTION OF AND RESPONSE TO ISSUES CONCERNING THE

8 STATE ENDORSEMENTS OR ASSESSMENTS THAT HAVE BEEN RAISED TO THE

9 DEPARTMENT OR STATE BOARD.

10 (F) A DESCRIPTION OF ANY SIGNIFICANT ALTERATIONS MADE IN THE

11 PROGRAM BY THE DEPARTMENT OR STATE BOARD DURING THE PERIOD COV-

12 ERED BY THE REPORT.

13 (G) ANY RECOMMENDATIONS BY THE DEPARTMENT OR STATE BOARD FOR

14 LEGISLATIVE CHANGES TO THE PROGRAM.

15 (14) PUPILS SCHEDULED TO GRADUATE IN 1998 WHO TOOK THE

16 ASSESSMENTS USED FOR THE PURPOSES OF THIS SECTION DURING THE

17 1996-97 SCHOOL YEAR MAY REPEAT 1 OR MORE OF THE ASSESSMENTS

18 DURING THE 1997-98 SCHOOL YEAR. THE DEPARTMENT, IN COOPERATION

19 WITH DISTRICTS, SHALL MAKE ARRANGEMENTS FOR REPEAT ASSESSMENTS TO

20 BE AVAILABLE FOR THESE PUPILS IN EACH DISTRICT THAT OPERATES A

21 HIGH SCHOOL DURING THE 1997-98 SCHOOL YEAR IN TIME FOR THESE

22 PUPILS TO EARN STATE ENDORSEMENT BEFORE GRADUATION. THE REPEAT

23 ASSESSMENTS MAY BE ADMINISTERED AT TIMES OTHER THAN REGULAR

24 SCHOOL HOURS.

25 Enacting section 1. This amendatory act does not take

26 effect unless all of the following bills of the 89th Legislature

27 are enacted into law:

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1 (a) Senate Bill No. _____ or House Bill No. _____ (request

2 no. 04214'97).

3 (b) Senate Bill No. _____ or House Bill No. _____ (request

4 no. 04246'97).

5 (c) Senate Bill No. _____ or House Bill No. _____ (request

6 no. 04582'97).

7 (d) Senate Bill No. _____ or House Bill No. _____ (request

8 no. 04583'97).

9 (e) Senate Bill No. _____ or House Bill No. _____ (request

10 no. 04584'97).

11 (f) Senate Bill No. _____ or House Bill No. _____ (request

12 no. 04585'97).

13 (g) Senate Bill No. _____ or House Bill No. _____ (request

14 no. 04586'97).

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