The Senate was called to order by the Associate President pro tempore, Senator Jackie Vaughn III.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

 

 

Reverend Mark Harbison of Oak Brook Community Church in East Lansing offered the following invocation:

Our heavenly Father, You have given us abundant grace. You have placed us in a state rich in resources, both in the natural resources that we all share and love as well as the people resources that we so much take for granted.

As leaders, Lord, I pray for us in this room. It is too easy to think that somehow we deserve to be here--we do not. We are men and women who have been given the place of leadership by others and therefore, we are servants, and as servants we have a responsibility to fulfill. Lord, in order to fulfill that responsibility, I pray for us two things that can easily escape us--wisdom and humility. We live in an information age and yet information will not be the source of good leadership or a computer could lead us. It is not information or knowledge that we need to lead--we need wisdom--the right application of knowledge to the decisions that await us.

In Your scriptures, Lord, You say if any man lacks wisdom, they should ask You for it for You give to all men generously and without reproach. That means no matter who we are, no matter what task is ahead of us, that if we ask You, You will give it, so, I ask. I ask for myself as I lead a congregation in this city, and I ask it for each man and woman in this room as they lead this state. Lord, please give us wisdom--we need it.

Lord, because we are a state with great resources and with great people, I pray for humility; the ability to know not only our strengths, but our weaknesses; to walk with and lead others not because we perceive ourselves above them, but because we are beside them, and because we are just like them, and indeed, because we are a part of them. We are given this responsibility of leadership by them and we came from within them. May we ever be aware that the answers that we need and seek do not reside in us, but in You as You lead us and so we need You. We need You to show us how to walk in humility so that we may lead rightly. Father, whatever title we have, whatever we have accomplished, if it results in our pride and not in our humility, it will be shortlived. For You said so well in Scripture, pride goes before a fall. Help us Lord, protect us from ourselves. Help us to seek You for the wisdom and humility necessary to lead this state and these people.

Thank You for each Senator and their staff here. I thank You for the gifts and abilities that You have given to them, and for the fact that they desire to use those gifts to serve others. I ask that You would see from heaven and reward them for the integrity of their heart. I ask that You would lead them and guide each of us and give us joy in our serving. I ask this in the name of Your Son, Jesus Christ, who demonstrated Your wisdom and humility to us. In His name I pray. Amen.

 

The President, Lieutenant Governor Binsfeld, assumed the Chair.

 

 

 

 

Senator O'Brien entered the Senate Chamber.

 

Senator DeGrow moved that Senator Emmons be excused from today's session.

The motion prevailed.

 

 

Senator DeGrow moved that rule 3.902 be suspended to allow the guest of Senator Byrum admittance to the Senate floor.

The motion prevailed, a majority of the members serving voting therefor.

 

Senator V. Smith moved that Senator Cherry be excused from today's session.

The motion prevailed.

 

 

 

 

Senator DeGrow moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:08 a.m.

 

 

The Senate was called to order by the Assistant President pro tempore, Senator Hoffman.

 

 

During the recess, Senators Gougeon, Hoffman and Bennett entered the Senate Chamber.

Senator DeGrow moved that rule 3.902 be suspended to allow the guests of Senator Bennett admittance to the Senate floor.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Senator DeGrow moved that rule 3.901 be suspended to allow photographs to be taken from the Gallery and on the Senate floor, including the center aisle.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Senator DeGrow moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:22 a.m.

 

 

 

The Senate was called to order by the President, Lieutenant Governor Binsfeld.

 

 

During the recess, the Bobcean Elementary School Bell Choir from Flat Rock performed. Senator Bennett made a special presentation to the choir and their Director, Tim Hammer, who spoke briefly.

 

 

During the recess, Senators Bouchard, Bullard, Gast, McManus, Van Regenmorter, Geake, Rogers, Posthumus, Stille and Dunaskiss entered the Senate Chamber.

 

 

The following communications were received:

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the State Police Department, Fire Safety Board, pertaining to Radioactive Material Transportation, dated May 21, 1996.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the State Department, Board of State Canvassers, pertaining to Procedures, dated August 30, 1996.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Consumer and Industry Services Department, Director's Office, pertaining to Securities, dated August 27, 1996.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the State Police Department, Michigan Justice Training Commission, pertaining to General Rules, dated March 6, 1997.

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to General Rules, dated January 16, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to Motor Vehicle Emissions Inspection/ Maintenance Program, dated January 16, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to Air Pollution Control, dated January 16, 1997.

The communications were referred to the Secretary for record.

 

 

The following communications were received:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-27, submitted by the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control (Parts 1, 2, 6 and 7), to June 31, 1997.

 

 

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-28, submitted by the Department of Environmental Quality, Water Resources Protection, pertaining to (Parts 4 and 8), to July 3, 1997.

 

 

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-29, submitted by the Department of Environmental Quality, Surface Water Quality Division, pertaining to Wastewater Reporting, to July 9, 1997.

 

 

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-30, submitted by the Department of Community Health, Health Legislation and Policy Development, pertaining to General Rules, to July 24, 1997.

 

 

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-31, submitted by the Department of State Police, Automated Fingerprint Identification System Policy Council, pertaining to Automated Fingerprint Identification System (Rescission), to July 30, 1997.

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 97-32, submitted by the Department of State, Bureau of Elections, pertaining to Campaign Financing--Committees (Part 2), to August 1, 1997.

The communications were referred to the Secretary for record.

 

 

 

The Joint Committee on Administrative Rules submits the following:

Meeting held on Wednesday, May 7, 1997, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators North (C), Van Regenmorter, Dingell and Byrum

Absent: Senator Schwarz

 

 

The Secretary announced the printing and placement in the members' files on Wednesday, May 7 of:

 

 

 

 

The following bill was read a third time:

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, 31a, 99, and 107 (MCL 388.1611, 388.1620, 388.1631a, 388.1699, and 388.1707), sections 11, 20, 31a, and 99 as amended and section 107 as added by 1996 PA 300, and by adding sections 6b, 105a, and 105b.

The question being on the passage of the bill,

Senator V. Smith offered the following amendment:

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senators DeBeaussaert and Peters offered the following amendments:

(a) A passing score on locally-adopted and state-approved basic proficiency tests measuring proficiency in 1 or more of the subject areas specified in this subsection.

(b) If the pupil is eligible to take the general education development (G.E.D.) test, a passing score in 1 or more of the subject areas specified in this subsection and tested in the G.E.D. test.

(c) For a state endorsement in communications arts, at least a score of moderate on the reading portion of the Michigan educational assessment program (MEAP) grade 10 test; for a state endorsement in mathematics, at least a score of moderate on the mathematics portion of the MEAP grade 10 test; and, for a state endorsement in science, at least 50% of the objectives on the science portion of the MEAP grade 11 test. For pupils scheduled to graduate in 1997, the department may use a version of the science assessment instrument developed under subsection (8) instead of the science portion of the MEAP grade 11 test, and, in its discretion, may administer that science assessment instrument in the fall of 1995 or the spring of 1996, or both. If the department uses that science assessment instrument, as provided under this subdivision, the department, based on expert advice, shall determine the level of proficiency that must be demonstrated for a pupil scheduled to graduate in 1997 to earn a state endorsement in science.

(2) For pupils scheduled to graduate in 1997, if a pupil achieves the outcomes required by the state board, as measured by an assessment instrument developed under subsection (8) (6), for a state-endorsed high school diploma , or meets the requirements described in subsection (1)(c) for a state-endorsed high school diploma, in 1 or more of the subject areas of communications skills, mathematics, and science, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. Beginning with pupils scheduled to graduate in 1998, if a pupil achieves the objectives required by the state board, as measured by an assessment instrument developed under subsection (8), for a state-endorsed high school diploma in 1 or more of the subject areas of communications skills, mathematics, science, and, beginning with pupils scheduled to graduate in 2000, social studies, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. A district shall not award a state endorsement to a pupil unless the pupil meets the applicable requirements for the endorsement, as described in this subsection. A school district may award a high school diploma to a pupil who successfully completes local district requirements established in accordance with state law for high school graduation, regardless of whether the pupil is eligible for any state endorsement.

(3) A district that offers a pupil the opportunity to pass a basic proficiency test described in subsection (1)(a) as 1 means to obtain a state-endorsed diploma in 1994, 1995, or 1996 may submit the district's own basic proficiency test to the department for approval to be used by the district to assess proficiency.

(4) A pupil who does not achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, may be reevaluated each school year until the pupil achieves an applicable requirement for a state-endorsed diploma. In addition, the board of the district in which the pupil is enrolled shall provide that there be at least 1 meeting attended by at least the pupil and a member of the district's staff or a local or intermediate district consultant who is proficient in the measurement and evaluation of pupils. The district may provide the meeting as a group meeting for pupils in similar circumstances. If the pupil is a minor, the district shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the meeting and shall mail a notice of the meeting to the pupil's parent, legal guardian, or person in loco parentis. The purpose of this meeting and any subsequent meeting under this subsection shall be to determine an educational program for the pupil designed to have the pupil reach proficiency in each subject or skill area in which he or she was assessed by the testing as not proficient. In addition, a district may provide for subsequent meetings with the pupil conducted by a high school counselor or teacher designated by the pupil's high school principal, and shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the subsequent meetings. The district shall provide special programs for the pupil or develop a program using the educational programs regularly provided by the district unless the board of the district decides otherwise and publishes and explains its decision in a public justification report. A pupil may be reevaluated at any time the district administers an applicable assessment instrument.

(3) (5) For a state-endorsed diploma, a pupil must achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, in addition to any other requirements established by law or by the board of a district for a high school diploma. If the board of a district determines that a pupil qualifies for a state-endorsed diploma, the board shall indicate on the pupil's high school diploma and transcript that the pupil achieved the proficiency necessary for receipt of a state-endorsed diploma. HOWEVER, IF A PUPIL'S PARENT OR LEGAL GUARDIAN OR, IF THE PUPIL IS AT LEAST AGE 18 OR AN EMANCIPATED MINOR, THE PUPIL SUBMITS A WRITTEN STATEMENT REQUESTING THE DISTRICT NOT TO INCLUDE THIS INDICATION ON THE PUPIL'S HIGH SCHOOL DIPLOMA OR TRANSCRIPT, THE DISTRICT SHALL NOT INCLUDE THE INDICATION ON THE PUPIL'S DIPLOMA OR TRANSCRIPT.

(4) (6) An individual may repeat any of the tests or assessment instruments specified in subsection (1) or subsection (2) , as applicable, at any time the district regularly offers the test or assessment or, for the MEAP tests described in subsection (1)(c), during the established testing period, and, upon achieving at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, and completing all other applicable requirements for a high school diploma, shall be awarded a state-endorsed diploma.

(5) (7) A district shall provide accommodations to a pupil with disabilities for the proficiency testing or assessment required under this section, as provided under section 504 of title V of the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II of the Americans with disabilities act of 1990, Public Law 101-336, 42 U.S.C. 12131 to 12134; and the implementing regulations for those statutes. A special education pupil scheduled to graduate in 1994, 1995, or 1996 who has passed an alternative form of assessment permitted under this section as it was in effect for 1992-93 shall receive the applicable endorsement under this section.

(6) (8) For the purposes of this section, the state board shall develop or select and approve assessment instruments to determine pupil proficiency in communications skills, mathematics, social studies, and science. The assessment instruments shall be based on the state board model core academic content standards objectives.

(9) The state board shall develop or select and approve assessment instruments for the purpose of awarding state endorsements of advanced mastery in specified subject areas.

(7) (10) Upon written request by the pupil's parent or legal guardian stating that the request is being made for the purpose of providing the pupil with an opportunity to qualify to take 1 or more postsecondary courses as an eligible student under the postsecondary enrollment options act, Act No. 160 of the Public Acts of 1996, being sections 388.511 to 388.524 of the Michigan Compiled Laws 1996 PA 160, MCL 388.511 TO 388.524, the board of a district shall allow a pupil who is in at least grade 10 to take a test or assessment described in subsection (1) or (2) without charge at any time the district regularly administers the test or assessment or administers a retest of the test or assessment. A district is not required to include in an annual education report, or in any other report submitted to the department for accreditation purposes, results of tests or assessments taken under this subsection by a pupil in grade 10 or lower.

(8) (11) All assessment instruments developed or selected and approved by the state under any statute or rule for a purpose related to K to 12 education shall be objective-oriented and consistent with the state board model core academic content standards objectives.

(9) (12) Upon payment of a reasonable fee any person may, after graduation from high school, retake the state-endorsed diploma test and, upon achieving the initial mastery PROFICIENT level in a subject area, have his or her high school diploma state-endorsed for that subject area.

(10) IT IS THE INTENT OF THE LEGISLATURE THAT PUPIL PERFORMANCE ON THE ASSESSMENTS USED UNDER THIS SECTION SHALL NOT BE USED AS A FACTOR IN THE SCHOOL ACCREDITATION PROCESS UNDER SECTION 1280 OF THE REVISED SCHOOL CODE, MCL 388.1280.

(11) IT IS THE INTENT OF THE LEGISLATURE THAT THE SENATE AND HOUSE STANDING COMMITTEES ON EDUCATION AND APPROPRIATIONS SUBCOMMITTEES HAVING JURISDICTION OVER THIS ACT SHALL JOINTLY DEVELOP LEGISLATION ESTABLISHING PERFORMANCE MEASURES FOR THE ASSESSMENTS USED UNDER THIS SECTION. THIS PROCESS SHALL ADDRESS AT LEAST ISSUES CONCERNING DEFINITION OF THE GOALS OF THE STATE-ENDORSED DIPLOMA ASSESSMENT PROGRAM, LENGTH OF THE ASSESSMENTS, ADMINISTRATION REQUIREMENTS AND PREDICTABILITY OF THE ASSESSMENTS, SCORING CATEGORIES, AND NECESSITY FOR ITEM ANALYSIS FEEDBACK.".

"Enacting section 1. Section 1279 of the revised school code, 1976 PA 451, MCL 380.1279, is repealed.".

The question being on the adoption of the amendments,

 

 

 

 

Senator DeGrow raised the Point of Order that the amendment was not germane because it amended the Revised School Code by reference.

The President, Lieutenant Governor Binsfeld, ruled that the amendment was not germane.

Senator V. Smith appealed the decision of the Chair.

The question being shall the decision of the Chair stand as the judgment of the Senate,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The decision of the Chair stood as the judgment of the Senate, a majority of the members voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on the passage of the bill,

Senator DeGrow offered the following amendments:

The amendments were adopted, a majority of the members serving voting therefor.

Senators DeBeaussaert and Peters offered the following amendments:

(a) A passing score on locally-adopted and state-approved basic proficiency tests measuring proficiency in 1 or more of the subject areas specified in this subsection.

(b) If the pupil is eligible to take the general education development (G.E.D.) test, a passing score in 1 or more of the subject areas specified in this subsection and tested in the G.E.D. test.

(c) For a state endorsement in communications arts, at least a score of moderate on the reading portion of the Michigan educational assessment program (MEAP) grade 10 test; for a state endorsement in mathematics, at least a score of moderate on the mathematics portion of the MEAP grade 10 test; and, for a state endorsement in science, at least 50% of the objectives on the science portion of the MEAP grade 11 test. For pupils scheduled to graduate in 1997, the department may use a version of the science assessment instrument developed under subsection (8) instead of the science portion of the MEAP grade 11 test, and, in its discretion, may administer that science assessment instrument in the fall of 1995 or the spring of 1996, or both. If the department uses that science assessment instrument, as provided under this subdivision, the department, based on expert advice, shall determine the level of proficiency that must be demonstrated for a pupil scheduled to graduate in 1997 to earn a state endorsement in science.

(2) For pupils scheduled to graduate in 1997, if a pupil achieves the outcomes required by the state board, as measured by an assessment instrument developed under subsection (8) (6), for a state-endorsed high school diploma , or meets the requirements described in subsection (1)(c) for a state-endorsed high school diploma, in 1 or more of the subject areas of communications skills, mathematics, and science, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. Beginning with pupils scheduled to graduate in 1998, if a pupil achieves the objectives required by the state board, as measured by an assessment instrument developed under subsection (8), for a state-endorsed high school diploma in 1 or more of the subject areas of communications skills, mathematics, science, and, beginning with pupils scheduled to graduate in 2000, social studies, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. A district shall not award a state endorsement to a pupil unless the pupil meets the applicable requirements for the endorsement, as described in this subsection. A school district may award a high school diploma to a pupil who successfully completes local district requirements established in accordance with state law for high school graduation, regardless of whether the pupil is eligible for any state endorsement.

(3) A district that offers a pupil the opportunity to pass a basic proficiency test described in subsection (1)(a) as 1 means to obtain a state-endorsed diploma in 1994, 1995, or 1996 may submit the district's own basic proficiency test to the department for approval to be used by the district to assess proficiency.

(4) A pupil who does not achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, may be reevaluated each school year until the pupil achieves an applicable requirement for a state-endorsed diploma. In addition, the board of the district in which the pupil is enrolled shall provide that there be at least 1 meeting attended by at least the pupil and a member of the district's staff or a local or intermediate district consultant who is proficient in the measurement and evaluation of pupils. The district may provide the meeting as a group meeting for pupils in similar circumstances. If the pupil is a minor, the district shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the meeting and shall mail a notice of the meeting to the pupil's parent, legal guardian, or person in loco parentis. The purpose of this meeting and any subsequent meeting under this subsection shall be to determine an educational program for the pupil designed to have the pupil reach proficiency in each subject or skill area in which he or she was assessed by the testing as not proficient. In addition, a district may provide for subsequent meetings with the pupil conducted by a high school counselor or teacher designated by the pupil's high school principal, and shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the subsequent meetings. The district shall provide special programs for the pupil or develop a program using the educational programs regularly provided by the district unless the board of the district decides otherwise and publishes and explains its decision in a public justification report. A pupil may be reevaluated at any time the district administers an applicable assessment instrument.

(3) (5) For a state-endorsed diploma, a pupil must achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, in addition to any other requirements established by law or by the board of a district for a high school diploma. If the board of a district determines that a pupil qualifies for a state-endorsed diploma, the board shall indicate on the pupil's high school diploma and transcript that the pupil achieved the proficiency necessary for receipt of a state-endorsed diploma. HOWEVER, IF A PUPIL'S PARENT OR LEGAL GUARDIAN OR, IF THE PUPIL IS AT LEAST AGE 18 OR AN EMANCIPATED MINOR, THE PUPIL SUBMITS A WRITTEN STATEMENT REQUESTING THE DISTRICT NOT TO INCLUDE THIS INDICATION ON THE PUPIL'S HIGH SCHOOL DIPLOMA OR TRANSCRIPT, THE DISTRICT SHALL NOT INCLUDE THE INDICATION ON THE PUPIL'S DIPLOMA OR TRANSCRIPT.

(4) (6) An individual may repeat any of the tests or assessment instruments specified in subsection (1) or subsection (2) , as applicable, at any time the district regularly offers the test or assessment or, for the MEAP tests described in subsection (1)(c), during the established testing period, and, upon achieving at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, and completing all other applicable requirements for a high school diploma, shall be awarded a state-endorsed diploma.

(5) (7) A district shall provide accommodations to a pupil with disabilities for the proficiency testing or assessment required under this section, as provided under section 504 of title V of the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II of the Americans with disabilities act of 1990, Public Law 101-336, 42 U.S.C. 12131 to 12134; and the implementing regulations for those statutes. A special education pupil scheduled to graduate in 1994, 1995, or 1996 who has passed an alternative form of assessment permitted under this section as it was in effect for 1992-93 shall receive the applicable endorsement under this section.

(6) (8) For the purposes of this section, the state board shall develop or select and approve assessment instruments to determine pupil proficiency in communications skills, mathematics, social studies, and science. The assessment instruments shall be based on the state board model core academic content standards objectives.

(9) The state board shall develop or select and approve assessment instruments for the purpose of awarding state endorsements of advanced mastery in specified subject areas.

(7) (10) Upon written request by the pupil's parent or legal guardian stating that the request is being made for the purpose of providing the pupil with an opportunity to qualify to take 1 or more postsecondary courses as an eligible student under the postsecondary enrollment options act, Act No. 160 of the Public Acts of 1996, being sections 388.511 to 388.524 of the Michigan Compiled Laws 1996 PA 160, MCL 388.511 TO 388.524, the board of a district shall allow a pupil who is in at least grade 10 to take a test or assessment described in subsection (1) or (2) without charge at any time the district regularly administers the test or assessment or administers a retest of the test or assessment. A district is not required to include in an annual education report, or in any other report submitted to the department for accreditation purposes, results of tests or assessments taken under this subsection by a pupil in grade 10 or lower.

(8) (11) All assessment instruments developed or selected and approved by the state under any statute or rule for a purpose related to K to 12 education shall be objective-oriented and consistent with the state board model core academic content standards objectives.

(9) (12) Upon payment of a reasonable fee any person may, after graduation from high school, retake the state-endorsed diploma test and, upon achieving the initial mastery PROFICIENT level in a subject area, have his or her high school diploma state-endorsed for that subject area.

(10) IT IS THE INTENT OF THE LEGISLATURE THAT THE SENATE AND HOUSE STANDING COMMITTEES ON EDUCATION AND APPROPRIATIONS SUBCOMMITTEES HAVING JURISDICTION OVER THIS ACT SHALL JOINTLY DEVELOP LEGISLATION ESTABLISHING PERFORMANCE MEASURES FOR THE ASSESSMENTS USED UNDER THIS SECTION. THIS PROCESS SHALL ADDRESS AT LEAST ISSUES CONCERNING DEFINITION OF THE GOALS OF THE STATE-ENDORSED DIPLOMA ASSESSMENT PROGRAM, LENGTH OF THE ASSESSMENTS, ADMINISTRATION REQUIREMENTS AND PREDICTABILITY OF THE ASSESSMENTS, SCORING CATEGORIES, AND NECESSITY FOR ITEM ANALYSIS FEEDBACK.".

"Enacting section 1. Section 1279 of the revised school code, 1976 PA 451, MCL 380.1279, is repealed.".

The question being on the adoption of the amendments,

Senator DeGrow moved that further consideration of the bill be postponed for today.

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 444, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 72101 (MCL 324.72101), as added by 1995 PA 58, and by adding section 72105a.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senator Shugars moved that he be named co-sponsor of the following bill:

Senate Bill No. 444

The motion prevailed.

 

 

 

 

Senator DeGrow moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Binsfeld, designated Senator Young as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Binsfeld, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4242, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16903 (MCL 324.16901 and 324.16903), section 16901 as amended by 1995 PA 268, and by adding sections 16903a and 16908a.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate returned to the order of

 

 

Senator Steil asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Steil's statement is as follows:

I recently sent an educational survey to the teachers in my district and the response has been absolutely excellent. Many important issues have been raised by educators in my district, but one of the most consistent themes has been the need for more parental involvement, especially when dealing with at-risk children. I'd like to read a few of these responses so you can hear from the teachers in my district in their own words.

One educator wrote, "Teaching in an inner-city school, my students are high-risk. Many of my students' home life does not prepare them for school." A high school teacher from Sparta added, "When parents are available and take their responsibility as part of the educational team, it makes a world of difference." I think that encouragement from the state in terms of what they communicate to the public can make a difference in this area, too.

Having toured all the public schools in my district during the past six months, I can attest to the need for parental involvement. In fact, at Henry Elementary School in Grand Rapids, principal Ruth Jones has made parental involvement a cornerstone of our efforts to turn the schools around. The schools deal with many at-risk inner-city youth, but test scores are going up and the school environment has improved due to parents taking an interest and the local community volunteering to help the at-risk children.

As we examine these important issues, we should all remember the advice of a teacher at Mulick Park Elementary in Grand Rapids when she said, "Please continue to search out areas we can agree upon that will help all children grow and be the best that they can be."

 

By unanimous consent the Senate proceeded to the order of

 

 

Senators Hoffman, Stallings and Dunaskiss introduced

Senate Bill No. 495, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending sections 102, 104, 105, 106, 211, 217, 301, 303, 305, 311, 315, 317, 401, 403, 405, 407, 503, 505, 507, 509, 511, 601, 603, 709, 711, 713, 801, 807, and 813 (MCL 487.1102, 487.1104, 487.1105, 487.1106, 487.1211, 487.1217, 487.1301, 487.1303, 487.1305, 487.1311, 487.1315, 487.1317, 487.1401, 487.1403, 487.1405, 487.1407, 487.1503, 487.1505, 487.1507, 487.1509, 487.1511, 487.1601, 487.1603, 487.1709, 487.1711, 487.1713, 487.1801, 487.1807, and 487.1813).

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

 

 

Senator Schwarz introduced

Senate Bill No. 496, entitled

A bill to amend 1972 PA 139, entitled "An act authorizing township boards to provide for the maintenance and improvement of private roads by contract and to provide payments by special assessment districts; and to repeal certain acts and parts of acts," by amending section 2 (MCL 247.392).

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

 

 

Senators North, Koivisto, Stallings, Cisky, Hart, Hoffman, Stille and Berryman introduced

Senate Bill No. 497, entitled

A bill to provide for a waiver of tuition at state public institutions of higher education for children and surviving spouses of Michigan corrections officers killed in the line of duty; and to provide for an appropriation.

The bill was read a first and second time by title and referred to the Committee on Appropriations.

 

 

Senators Schwarz, Cisky, Bouchard, Rogers, Hoffman, Byrum and Dunaskiss introduced

Senate Bill No. 498, entitled

A bill to create the Michigan police officers memorial monument fund; to establish a commission to govern the monument fund; to prescribe the purpose of the monument fund; to prescribe the powers and duties of the commission and certain state departments and officers; and to provide for dissolution of the commission and monument fund.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

 

 

Senators O'Brien, V. Smith and Vaughn introduced

Senate Bill No. 499, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by amending section 6 (MCL 28.6), as amended by 1989 PA 10.

The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.

 

 

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No. 4352, entitled

A bill to authorize the state administrative board to convey certain state owned property in Genesee county; to prescribe conditions for the conveyance; to provide for disposition of the revenue derived from the conveyance; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Shugars, Gougeon, Stallings and O'Brien

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No. 480, entitled

A bill to amend 1929 PA 9, entitled "An act to regulate corporations, associations or persons engaged in the business of carrying and transporting natural gas through pipe lines and to regulate the production, purchase and sale of natural gas; to provide for the control and regulation of such corporations, associations and persons by the Michigan public utilities commission; to define the powers and duties of the commission relative thereto; to prescribe penalties for the violations of the provisions hereof; and to repeal Act No. 29 of the Public Acts of 1889," (MCL 483.101 to 483.120) by adding sections 1a and 1b.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Shugars, Gougeon, Stallings and O'Brien

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs submits the following:

Meeting held on Wednesday, May 7, 1997, at 1:15 p.m., Room 210, Farnum Building

Present: Schuette (C), Shugars, Gougeon, Stallings and O'Brien

 

 

 

The Committee on Judiciary submits the following:

Meeting held on Tuesday, May 6, 1997, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Van Regenmorter (C), Rogers, Cisky, Geake, Dingell, Peters and V. Smith

 

 

 

The Subcommittee on School Aid (K-12) and Department of Education submits the following:

Meeting held on Tuesday, May 6, 1997, at 1:00 p.m., Senate Appropriations Room, Capitol Building

Present: Senators DeGrow (C), Schwarz and Conroy

 

The Committee on Technology and Energy submits the following:

Meeting held on Tuesday, May 6, 1997, at 3:30 p.m., Room 425, Capitol Building

Present: Senators Dunaskiss (C), Schuette and Byrum

Excused: Senators Rogers and Berryman

 

 

 

The Committee on Education submits the following:

Meeting held on Tuesday, May 6, 1997, at 4:00 p.m., Room 210, Farnum Building

Present: Senators Emmons (C), Bullard, DeBeaussaert and Peters

Excused: Senator Carl

 

 

 

 

Appropriations Committee - Wednesdays, May 14 and 21, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

 

Community Colleges Appropriations Subcommittee - Tuesday, May 20, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

 

Judiciary Committee - Tuesday, May 13, at 1:00 p.m., Room 100, Farnum Building (3-6920).

 

Technology and Energy and House Public Utilities Committees - Tuesday, May 13, at 3:30 p.m., Rooms 425-427, Capitol Building (3-2417).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 12:01 p.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Tuesday, May 13, at 10:00 a.m.