pa005397

AN ACT to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1284 (MCL 380.1284), as amended by 1995 PA 289.

Sec. 1284. (1) The board of a school district or of a public school academy shall determine the length of the school term. However, except as otherwise provided in subsections (2) and (3), if the board does not want the school district's or public school academy's state school aid payments to be withheld as described in section 101 of the state school aid act of 1979, MCL 388.1701, the board shall ensure that the minimum number of days of pupil instruction in a school year is 180 through the 1996-1997 school year and is 181 in the 1997-1998 school year, 182 in the 1998-1999 school year, 183 in the 1999-2000 school year, 184 in the 2000-2001 school year, 185 in the 2001-2002 school year, 186 in the 2002-2003 school year, 187 in the 2003-2004 school year, 188 in the 2004-2005 school year, 189 in the 2005-2006 school year, and 190 in the 2006-2007 school year and each succeeding school year, and shall ensure that the minimum number of hours of pupil instruction in a school year is 900 for the 1994-95 school year, 990 for the 1995-96 and 1996-97 school years, 1,041 for the 1997-1998 school year, 1,047 for the 1998-1999 school year, 1,098 for the 1999-2000 school year, 1,104 for the 2000-2001 school year, 1,110 for the 2001-2002 school year, 1,116 for the 2002-2003 school year, 1,122 for the 2003-2004 school year, 1,128 for the 2004-2005 school year, 1,134 for the 2005-2006 school year, and 1,140 for the 2006-2007 school year and each succeeding school year.

(2) For a particular school year, if the department determines that the percentage growth in the basic foundation allowance under section 20 of the state school aid act of 1979, MCL 388.1620, for the state fiscal year in which the school year begins, as compared to the basic foundation allowance for the immediately preceding state fiscal year, is less than the percentage increase in the average United States consumer price index for all urban consumers, as determined by the United States bureau of labor statistics, for the calendar year immediately preceding the calendar year in which the school year begins as compared to the second preceding calendar year before the calendar year in which the school year begins, then there shall be no increase in the required minimum number of days or hours of pupil instruction under subsection (1) for that particular school year. For the next school year after a school year for which there is no increase in the required minimum number of days and hours of pupil instruction under subsection (1) because of the operation of this subsection, and if the first sentence of this subsection does not apply, the increase in the required minimum number of days and hours of pupil instruction shall only be 1 day and the corresponding number of hours. This subsection shall apply and shall operate to limit increases under subsection (1) until the required minimum number of days and hours of pupil instruction under this section is 190 days and 1,140 hours.

(3) The board of a school district or public school academy, by resolution, may choose to provide less than the number of days of pupil instruction required under subsection (1), but shall provide at least 180 days of pupil instruction and at least the number of hours of pupil instruction required under subsection (1).