No. 24
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 1999
House Chamber, Lansing, Wednesday, March 17, 1999.
12:01 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--excused
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--present
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--excused
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Rep. Tom Kelly, from the 17th District, offered the following invocation:
"May those who love us, truly love us. And those who do not love us, may God and St. Patrick turn their hearts. If God and St. Patrick cannot turn their hearts, may they turn their ankles, so we know them by their limp. Amen."
______
Rep. Scott moved that Reps. DeHart and Rivet be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 297, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.
(The bill was read a second time, substitute (H-5) adopted, amendments adopted, amendments offered and postponed temporarily on March 16, see House Journal No. 23, p. 330.)
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 11, following line 4, following section 378, by inserting:
"SEC. 379. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A K-12 SCHOOL READING IMPROVEMENT PROGRAM FOR GRADES K TO 3. THE READING IMPROVEMENT PROGRAM SHALL INCLUDE MENTORING TUTORING.".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 119 Yeas--60
Baird | Garza | Mans | Scott |
Basham | Gieleghem | Martinez | Shackleton |
Bogardus | Gilbert | Minore | Sheltrown |
Bovin | Hale | Neumann | Spade |
Brater | Hanley | O'Neil | Stallworth |
Brewer | Hansen | Pestka | Switalski |
Brown, B. | Hardman | Price | Tesanovich |
Callahan | Jacobs | Prusi | Thomas |
Cherry | Jamnick | Quarles | Toy |
Clark | Jelinek | Reeves | Van Woerkom |
Clarke | Julian | Richardville | Vander Roest |
Daniels | Kelly | Rison | Vaughn |
Dennis | Kilpatrick | Rocca | Wojno |
Faunce | Lemmons | Schauer | Woodward |
Frank | Lockwood | Schermesser | Woronchak |
Nays--45
Allen | Ehardt | Koetje | Perricone |
Birkholz | Garcia | Kowall | Pumford |
Bisbee | Godchaux | Kuipers | Raczkowski |
Bishop | Gosselin | Kukuk | Richner |
Bradstreet | Hager | LaSata | Sanborn |
Brown, C. | Hart | Law | Scranton |
Byl | Howell | Mead | Shulman |
Cassis | Jansen | Middaugh | Stamas |
Caul | Jellema | Mortimer | Tabor |
DeRossett | Johnson, Rick | Pappageorge | Vear |
DeVuyst | Johnson, Ruth | Patterson | Voorhees |
DeWeese
In The Chair: Perricone
Rep. Daniels moved to amend the bill as follows:
1. Amend page 11, following line 4, following section 377, by inserting:
"SEC. 378. THE LEGISLATURE SHALL APPROPRIATE FUNDING FOR MEAP IMPROVEMENT GRANTS TO SCHOOL DISTRICTS IN WHICH THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THE MICHIGAN EDUCATION ASSESSMENT PROGRAM GRADE 4 READING TEST OR GRADE 4 MATHEMATICS TEST IS LESS THAN THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THOSE TESTS IN A QUALIFYING SCHOOL DISTRICT.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Allen moved to substitute (H-12) the bill.
The motion prevailed and the substitute (H-12) was adopted, a majority of the members serving voting therefor.
Rep. Hardman moved to amend the bill as follows:
1. Amend page 4, line 18, after "PROJECTS." by inserting "THE REFORM SCHOOL BOARD SHALL COMPLY WITH 1965 PA 166, MCL 408.551 TO 408.558, IN ALL CONSTRUCTION AND OTHER CAPITAL PROJECTS FUNDED BY BOND PROCEEDS.".
The question being on the adoption of the amendment offered by Rep. Hardman,
Rep. Hardman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hardman,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 120 Yeas--48
Basham | Garza | Mans | Schauer |
Bogardus | Gieleghem | Martinez | Schermesser |
Bovin | Hale | Minore | Scott |
Brater | Hanley | Neumann | Sheltrown |
Brown, B. | Hansen | O'Neil | Spade |
Callahan | Hardman | Pestka | Stallworth |
Cherry | Jacobs | Price | Switalski |
Clark | Jamnick | Prusi | Tesanovich |
Clarke | Kilpatrick | Quarles | Thomas |
Daniels | LaForge | Reeves | Vaughn |
Dennis | Lemmons | Richardville | Wojno |
Frank | Lockwood | Rison | Woodward |
Nays--57
Allen | Garcia | Koetje | Richner |
Baird | Geiger | Kowall | Rocca |
Birkholz | Gilbert | Kuipers | Sanborn |
Bisbee | Godchaux | Kukuk | Scranton |
Bishop | Gosselin | LaSata | Shackleton |
Bradstreet | Hager | Law | Shulman |
Brown, C. | Hart | Mead | Stamas |
Byl | Howell | Middaugh | Tabor |
Cassis | Jansen | Mortimer | Toy |
Caul | Jelinek | Pappageorge | Van Woerkom |
DeRossett | Jellema | Patterson | Vander Roest |
DeVuyst | Johnson, Rick | Perricone | Vear |
DeWeese | Johnson, Ruth | Pumford | Voorhees |
Ehardt | Julian | Raczkowski | Woronchak |
Faunce
In The Chair: Perricone
Rep. Hale moved to amend the bill as follows:
1. Amend page 7, following line 8, by inserting:
"(8) A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ENSURE THAT SUFFICIENT TEXTBOOKS AND OTHER SUPPLIES NEEDED BY A SCHOOL OF THE SCHOOL DISTRICT FOR AN ENTIRE SCHOOL YEAR ARE ON HAND AT THE SCHOOL NOT LATER THAN 30 CALENDAR DAYS AFTER THE BEGINNING OF THAT SCHOOL YEAR." and renumbering the remaining subsection.
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 121 Yeas--46
Basham | Gieleghem | Minore | Schermesser |
Bogardus | Hale | Neumann | Scott |
Bovin | Hanley | Pestka | Sheltrown |
Brater | Hansen | Price | Spade |
Brown, B. | Hardman | Prusi | Switalski |
Callahan | Jacobs | Quarles | Tesanovich |
Cherry | Jamnick | Reeves | Thomas |
Clark | Kelly | Richardville | Vaughn |
Daniels | Kilpatrick | Rison | Wojno |
Dennis | LaForge | Rocca | Woodward |
Frank | Lemmons | Schauer | Woronchak |
Garza Lockwood
Nays--56
Allen | Faunce | Johnson, Ruth | Pumford |
Birkholz | Garcia | Julian | Raczkowski |
Bisbee | Geiger | Koetje | Richner |
Bishop | Gilbert | Kowall | Sanborn |
Bradstreet | Godchaux | Kuipers | Scranton |
Brewer | Gosselin | Kukuk | Shackleton |
Brown, C. | Green | LaSata | Shulman |
Byl | Hager | Martinez | Stamas |
Cassis | Hart | Mead | Tabor |
Caul | Howell | Middaugh | Toy |
DeRossett | Jansen | Mortimer | Van Woerkom |
DeVuyst | Jelinek | Pappageorge | Vander Roest |
DeWeese | Jellema | Patterson | Vear |
Ehardt | Johnson, Rick | Perricone | Voorhees |
In The Chair: Perricone
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 1, line 7, after "6." by inserting "THE LEGISLATURE SHALL NOT AMEND THIS ACT TO ALLOW ANY OTHER SCHOOL DISTRICT TO BE A QUALIFYING SCHOOL DISTRICT OR OTHERWISE SUBJECT ANOTHER SCHOOL DISTRICT TO THE MEASURES DESCRIBED IN THIS PART UNTIL AFTER THE BALLOT QUESTION REQUIRED UNDER SECTION 375 IS APPROVED OR DISAPPROVED.".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 122 Yeas--46
Baird | Frank | Mans | Schermesser |
Basham | Garza | Minore | Scott |
Bogardus | Gieleghem | Neumann | Sheltrown |
Bovin | Hale | O'Neil | Spade |
Brewer | Hansen | Pestka | Stallworth |
Brown, B. | Hardman | Price | Switalski |
Callahan | Jacobs | Prusi | Tesanovich |
Cherry | Jamnick | Quarles | Thomas |
Clark | Kilpatrick | Reeves | Vaughn |
Clarke | LaForge | Rison | Wojno |
Daniels | Lemmons | Schauer | Woodward |
Dennis Lockwood
Nays--59
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Martinez | Shulman |
Byl | Hanley | Mead | Stamas |
Cassis | Hart | Middaugh | Tabor |
Caul | Howell | Mortimer | Toy |
DeRossett | Jansen | Pappageorge | Van Woerkom |
DeVuyst | Jelinek | Patterson | Vander Roest |
DeWeese | Jellema | Perricone | Vear |
Ehardt | Johnson, Rick | Pumford | Voorhees |
Faunce | Johnson, Ruth | Raczkowski | Woronchak |
Garcia | Julian | Richardville |
In The Chair: Perricone
Rep. Thomas moved to amend the bill as follows:
1. Amend page 12, following line 11, by inserting:
"SEC. 377. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR TO K-12 SCHOOL DISTRICTS FOR OPERATING SAFE HAVEN PROGRAMS. A SAFE HAVEN PROGRAM SHALL PROVIDE SOCIAL, INSTRUCTIONAL, RECREATIONAL, ATHLETIC, ARTISTIC, AND OTHER APPROPRIATE ACTIVITIES FOR SCHOOL AGE CHILDREN BEFORE AND AFTER REGULAR SCHOOL HOURS ON SCHOOL PREMISES.".
The question being on the adoption of the amendment offered by Rep. Thomas,
Rep. Thomas demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Thomas,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 123 Yeas--47
Baird | Dennis | Lockwood | Schermesser |
Basham | Frank | Martinez | Scott |
Bogardus | Garza | Minore | Sheltrown |
Bovin | Gieleghem | Neumann | Spade |
Brater | Hale | O'Neil | Stallworth |
Brewer | Hanley | Pestka | Switalski |
Brown, B. | Hansen | Price | Tesanovich |
Callahan | Hardman | Prusi | Thomas |
Cherry | Jacobs | Quarles | Vaughn |
Clark | Jamnick | Reeves | Wojno |
Clarke | Kilpatrick | Rison | Woodward |
Daniels | Lemmons | Schauer |
Nays--57
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
Garcia
In The Chair: Perricone
______
Rep. LaForge asked and obtained an excuse from the balance of today's session.
Rep. Daniels moved to amend the bill as follows:
1. Amend page 12, following line 11, by inserting:
"SEC. 377. THE LEGISLATURE SHALL APPROPRIATE FUNDING FOR MEAP IMPROVEMENT GRANTS TO SCHOOL DISTRICTS IN WHICH THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THE MICHIGAN EDUCATION ASSESSMENT PROGRAM GRADE 4 READING TEST OR GRADE 4 MATHEMATICS TEST IS LESS THAN THE PERCENTAGE OF PUPILS SCORING AT LEAST "SATISFACTORY" ON THOSE TESTS IN A QUALIFYING SCHOOL DISTRICT.".
The question being on the adoption of the amendment offered by Rep. Daniels,
Rep. Daniels demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Daniels,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 124 Yeas--39
Basham | Daniels | Kilpatrick | Scott |
Bogardus | Dennis | Lockwood | Spade |
Bovin | Garza | Martinez | Stallworth |
Brater | Gieleghem | Minore | Switalski |
Brewer | Hale | Price | Tesanovich |
Brown, B. | Hanley | Prusi | Thomas |
Callahan | Hansen | Quarles | Vaughn |
Cherry | Hardman | Reeves | Wojno |
Clark | Jacobs | Rison | Woodward |
Clarke | Jamnick | Schauer |
Nays--58
Allen | Geiger | Kowall | Rocca |
Birkholz | Gilbert | Kuipers | Sanborn |
Bisbee | Godchaux | Kukuk | Scranton |
Bishop | Gosselin | LaSata | Shackleton |
Bradstreet | Green | Mead | Sheltrown |
Brown, C. | Hager | Middaugh | Shulman |
Byl | Hart | Mortimer | Stamas |
Cassis | Howell | Pappageorge | Tabor |
Caul | Jansen | Patterson | Toy |
DeRossett | Jelinek | Perricone | Van Woerkom |
DeVuyst | Jellema | Pumford | Vander Roest |
DeWeese | Johnson, Rick | Raczkowski | Vear |
Ehardt | Johnson, Ruth | Richardville | Voorhees |
Faunce | Julian | Richner | Woronchak |
Garcia Koetje
In The Chair: Perricone
Rep. Baird moved to amend the bill as follows:
1. Amend page 7, line 9, by striking out all of subsection (8).
The question being on the adoption of the amendment offered by Rep. Baird,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Baird,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 125 Yeas--47
Baird | Dennis | Lockwood | Schermesser |
Basham | Frank | Mans | Scott |
Bogardus | Garza | Martinez | Sheltrown |
Bovin | Gieleghem | Minore | Spade |
Brater | Hale | Neumann | Stallworth |
Brewer | Hanley | O'Neil | Switalski |
Brown, B. | Hansen | Pestka | Tesanovich |
Callahan | Hardman | Prusi | Thomas |
Cherry | Jacobs | Quarles | Vaughn |
Clark | Jamnick | Reeves | Wojno |
Clarke | Kilpatrick | Rison | Woodward |
Daniels | Lemmons | Schauer |
Nays--57
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
Garcia
In The Chair: Perricone
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 12, following line 11, by inserting:
"SEC. 377. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A K-12 SCHOOL READING IMPROVEMENT PROGRAM FOR GRADES K TO 3. THE READING IMPROVEMENT PROGRAM SHALL INCLUDE MENTORING TUTORING.".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas--49
Baird | Garza | Martinez | Schermesser |
Basham | Gieleghem | Minore | Scott |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hanley | O'Neil | Spade |
Brewer | Hansen | Pestka | Stallworth |
Brown, B. | Hardman | Price | Switalski |
Callahan | Jacobs | Prusi | Tesanovich |
Cherry | Jamnick | Quarles | Thomas |
Clark | Kilpatrick | Reeves | Toy |
Clarke | Lemmons | Rison | Vaughn |
Daniels | Lockwood | Rocca | Wojno |
Dennis | Mans | Schauer | Woodward |
Frank
Nays--53
Allen | Garcia | Koetje | Richardville |
Birkholz | Gilbert | Kowall | Richner |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Hager | LaSata | Shackleton |
Brown, C. | Hart | Mead | Shulman |
Byl | Howell | Middaugh | Stamas |
Cassis | Jansen | Mortimer | Tabor |
Caul | Jelinek | Pappageorge | Van Woerkom |
DeRossett | Jellema | Patterson | Vander Roest |
DeVuyst | Johnson, Rick | Perricone | Vear |
DeWeese | Johnson, Ruth | Pumford | Voorhees |
Ehardt | Julian | Raczkowski | Woronchak |
Faunce
In The Chair: Perricone
Rep. Bogardus moved to amend the bill as follows:
1. Amend page 2, line 5, after "MAYOR" by striking out the balance of the sentence and inserting a period.
The question being on the adoption of the amendment offered by Rep. Bogardus,
Rep. Bogardus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bogardus,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 127 Yeas--43
Baird | Dennis | Lockwood | Rison |
Basham | Frank | Mans | Schauer |
Bogardus | Garza | Martinez | Schermesser |
Bovin | Gieleghem | Minore | Scott |
Brater | Hale | Neumann | Sheltrown |
Brewer | Hanley | O'Neil | Stallworth |
Brown, B. | Hansen | Pestka | Tesanovich |
Callahan | Hardman | Price | Thomas |
Cherry | Jacobs | Prusi | Vaughn |
Clark | Jamnick | Quarles | Woodward |
Clarke | Kilpatrick | Reeves |
Nays--58
Allen | Godchaux | LaSata | Scranton |
Birkholz | Gosselin | Lemmons | Shackleton |
Bisbee | Hager | Mead | Shulman |
Bishop | Hart | Middaugh | Spade |
Bradstreet | Howell | Mortimer | Stamas |
Byl | Jansen | Pappageorge | Switalski |
Cassis | Jelinek | Patterson | Tabor |
Caul | Jellema | Perricone | Toy |
DeRossett | Johnson, Rick | Pumford | Van Woerkom |
DeVuyst | Johnson, Ruth | Raczkowski | Vander Roest |
DeWeese | Julian | Richardville | Vear |
Ehardt | Koetje | Richner | Voorhees |
Faunce | Kowall | Rocca | Wojno |
Garcia | Kuipers | Sanborn | Woronchak |
Gilbert Kukuk
In The Chair: Perricone
Rep. Basham moved to amend the bill as follows:
1. Amend page 2, following line 11, by inserting:
"(3) THE REFORM BOARD SHALL TAKE A SENSITIVITY TRAINING COURSE." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Basham,
Rep. Basham demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Basham,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 128 Yeas--32
Baird | Dennis | Kelly | Prusi |
Basham | Garza | Kilpatrick | Reeves |
Bogardus | Hale | Lemmons | Rison |
Bovin | Hanley | Lockwood | Schauer |
Brater | Hansen | Mans | Scott |
Brewer | Hardman | Martinez | Stallworth |
Clark | Jacobs | Minore | Thomas |
Clarke | Jamnick | O'Neil | Vaughn |
Nays--65
Allen | Gilbert | Kukuk | Scranton |
Birkholz | Godchaux | LaSata | Shackleton |
Bisbee | Gosselin | Mead | Sheltrown |
Bishop | Green | Middaugh | Shulman |
Bradstreet | Hager | Mortimer | Spade |
Brown, B. | Hart | Neumann | Stamas |
Brown, C. | Howell | Pappageorge | Switalski |
Byl | Jansen | Patterson | Tabor |
Cassis | Jelinek | Perricone | Tesanovich |
Caul | Jellema | Pestka | Toy |
DeRossett | Johnson, Rick | Pumford | Van Woerkom |
DeVuyst | Johnson, Ruth | Raczkowski | Vander Roest |
DeWeese | Julian | Richardville | Vear |
Ehardt | Koetje | Richner | Voorhees |
Faunce | Kowall | Rocca | Wojno |
Garcia | Kuipers | Sanborn | Woronchak |
Gieleghem
In The Chair: Perricone
Rep. Bovin moved to amend the bill as follows:
1. Amend page 14, following line 13, by inserting:
"Enacting section 1. It is the intent of the legislature that at least 1/3 of the money received by this state attributable to the master settlement agreement incorporated into the consent decree and final judgment entered on December 7, 1998 in Kelley ex rel. Michigan v Phillip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, shall be appropriated to the state school aid fund to be used for K-12 education.".
The question being on the adoption of the amendment offered by Rep. Bovin,
Rep. Bovin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bovin,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 129 Yeas--47
Baird | Frank | Lockwood | Schauer |
Basham | Garza | Mans | Schermesser |
Bogardus | Gieleghem | Martinez | Scott |
Bovin | Hale | Minore | Sheltrown |
Brater | Hanley | Neumann | Spade |
Brewer | Hansen | O'Neil | Switalski |
Brown, B. | Hardman | Pestka | Tesanovich |
Callahan | Jacobs | Price | Thomas |
Cherry | Jamnick | Prusi | Vaughn |
Clark | Kelly | Quarles | Wojno |
Clarke | Kilpatrick | Reeves | Woodward |
Dennis | Lemmons | Rison |
Nays--56
Allen | Garcia | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
In The Chair: Perricone
______
The Speaker called the Speaker Pro Tempore to the Chair.
Reps. Perricone and Kilpatrick moved to substitute (H-8) the bill.
The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,
After debate,
Rep. Frank demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the substitute (H-8) offered by Reps. Perricone and Kilpatrick,
The substitute (H-8) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 130 Yeas--67
Allen | Geiger | Kowall | Sanborn |
Birkholz | Gilbert | Kuipers | Scott |
Bisbee | Godchaux | Kukuk | Scranton |
Bishop | Gosselin | LaSata | Shackleton |
Bradstreet | Green | Lemmons | Sheltrown |
Brown, C. | Hager | Mead | Shulman |
Byl | Hardman | Middaugh | Stallworth |
Cassis | Hart | Mortimer | Stamas |
Caul | Howell | Pappageorge | Tabor |
Clarke | Jansen | Patterson | Toy |
Daniels | Jelinek | Perricone | Van Woerkom |
DeRossett | Jellema | Pumford | Vander Roest |
DeVuyst | Johnson, Rick | Raczkowski | Vaughn |
DeWeese | Johnson, Ruth | Reeves | Vear |
Ehardt | Julian | Richardville | Voorhees |
Faunce | Kilpatrick | Richner | Woronchak |
Garcia | Koetje | Rocca |
Nays--38
Baird | Dennis | Mans | Rison |
Basham | Frank | Martinez | Schauer |
Bogardus | Garza | Minore | Schermesser |
Bovin | Gieleghem | Neumann | Spade |
Brater | Hale | O'Neil | Switalski |
Brewer | Hanley | Pestka | Tesanovich |
Brown, B. | Hansen | Price | Thomas |
Callahan | Jamnick | Prusi | Wojno |
Cherry | Kelly | Quarles | Woodward |
Clark Lockwood
In The Chair: Birkholz
______
Rep. Jamnick, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
My vote against this bill is not an acknowledgement that all is well with the Detroit school district. I firmly believe there are and have heard not one person say otherwise.
Amendment H-8 is not school reform, but one that extremely limits an elected body, replacing it with the Governor who is given a free hand--there is no plan. There is no criteria. There is no liability for any person who will be appointed with this bill.
Underachieving students are not limited to this district. I have heard from presidents of Michigan colleges and universities, as well as a prominent businessman on staff with one of England's prestigious universities who spoke to concerns about needs for incoming freshmen for remedial math and English classes. Lesser achieving students is not just a Detroit school district problem--it is more widespread.
Statements were made in the media and at committee meetings about businesses inability to find adequately educated employees in Detroit--I have heard those same comments by businesses in my county.
Democratic amendments tonight spoke to criteria, family involvement and some innovative ways to make a difference for Detroit's students which for the most part have been rejected by the majority.
For the last 2 1/2 months I have continued to hear the words 'local control' and 'protecting children' while 'strengthening families'. Were those made for all except Detroit?
Change is needed, there is no question. I simply don't feel this bill will meet the needs of the children and their families in Detroit."
Rep. Hale moved to amend the bill as follows:
1. Amend page 6, following line 19, by inserting:
"(12) A STATE MONITOR APPOINTED UNDER THIS PART SHALL ENSURE THAT SUFFICIENT TEXTBOOKS AND OTHER SUPPLIES NEEDED BY A SCHOOL OF THE SCHOOL DISTRICT FOR AN ENTIRE SCHOOL YEAR ARE ON HAND AT THE SCHOOL NOT LATER THAN 30 CALENDAR DAYS AFTER THE BEGINNING OF THAT SCHOOL YEAR." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 131 Yeas--50
Baird | Frank | Lockwood | Schauer |
Basham | Garza | Mans | Schermesser |
Bogardus | Gieleghem | Minore | Scott |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hanley | O'Neil | Spade |
Brewer | Hansen | Pestka | Stallworth |
Brown, B. | Hardman | Price | Switalski |
Callahan | Howell | Prusi | Tesanovich |
Caul | Jacobs | Quarles | Thomas |
Clark | Jamnick | Reeves | Vaughn |
Clarke | Kelly | Richardville | Wojno |
Daniels | Kowall | Rison | Woodward |
Dennis Lemmons
Nays--53
Allen | Geiger | Koetje | Rocca |
Birkholz | Gilbert | Kuipers | Sanborn |
Bisbee | Godchaux | Kukuk | Scranton |
Bishop | Gosselin | LaSata | Shackleton |
Bradstreet | Green | Mead | Shulman |
Brown, C. | Hager | Middaugh | Stamas |
Byl | Hart | Mortimer | Tabor |
Cassis | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richner | Woronchak |
Garcia
In The Chair: Birkholz
______
The Speaker resumed the Chair.
Rep. Hale moved to amend the bill as follows:
1. Amend page 7, following line 2, by inserting:
"SEC. 373A. NOT LATER THAN 2 YEARS AFTER APPOINTMENT OF A STATE MONITOR UNDER THIS PART, THE STATE MONITOR SHALL DEVELOP AND FINALIZE PROPOSED PLANS FOR 10 TO 20 NEW SCHOOL BUILDINGS IN THE QUALIFYING SCHOOL DISTRICT, AND SUBMIT THOSE PROPOSED PLANS TO THE SCHOOL DISTRICT ACCOUNTABILITY BOARD CREATED IN SECTION 374 ALONG WITH RECOMMENDATIONS ON EXISTING RESOURCES THAT COULD BE USED AND ADDITIONAL RESOURCES NEEDED FOR CONSTRUCTION OF THE NEW SCHOOL BUILDINGS.".
2. Amend page 7, following line 25, by inserting:
"(D) NOT LATER THAN 6 MONTHS AFTER RECEIVING THE PROPOSED PLANS UNDER SECTION 373A, THE SCHOOL DISTRICT ACCOUNTABILITY BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR FOR ADDITIONAL RESOURCES NEEDED FOR THE CONSTRUCTION OF THE PROPOSED NEW SCHOOL BUILDINGS.".
The question being on the adoption of the amendments offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hale,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 132 Yeas--38
Baird | Garza | Lemmons | Schauer |
Basham | Gieleghem | Lockwood | Schermesser |
Bogardus | Hale | Minore | Scott |
Brater | Hanley | O'Neil | Stallworth |
Brewer | Hansen | Price | Switalski |
Cherry | Hardman | Prusi | Tesanovich |
Clark | Jacobs | Quarles | Thomas |
Clarke | Jamnick | Reeves | Vaughn |
Daniels | Kelly | Rison | Woodward |
Dennis Kilpatrick
Nays--66
Allen | Frank | Kowall | Rocca |
Birkholz | Garcia | Kuipers | Sanborn |
Bisbee | Geiger | Kukuk | Scranton |
Bishop | Gilbert | LaSata | Shackleton |
Bovin | Godchaux | Mead | Sheltrown |
Bradstreet | Gosselin | Middaugh | Shulman |
Brown, B. | Green | Mortimer | Spade |
Brown, C. | Hager | Neumann | Stamas |
Byl | Hart | Pappageorge | Tabor |
Callahan | Howell | Patterson | Toy |
Cassis | Jansen | Perricone | Van Woerkom |
Caul | Jelinek | Pestka | Vander Roest |
DeRossett | Jellema | Pumford | Vear |
DeVuyst | Johnson, Rick | Raczkowski | Voorhees |
DeWeese | Johnson, Ruth | Richardville | Wojno |
Ehardt | Julian | Richner | Woronchak |
Faunce Koetje
In The Chair: Perricone
Rep. Hale moved to amend the bill as follows:
1. Amend page 7, following line 2, by inserting:
"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL WORK WITH THE APPROPRIATE CITY OFFICIALS OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED TO IDENTIFY DANGEROUS OR ABANDONED BUILDINGS LOCATED WITHIN 1,000 FEET OF THE GROUNDS OF A SCHOOL BUILDING WITHIN THE SCHOOL DISTRICT. THE STATE MONITOR SHALL TAKE ALL MEASURES WITHIN ITS POWER TO ARRANGE FOR THE DEMOLITION OF THOSE DANGEROUS OR ABANDONED BUILDINGS AND SHALL WORK WITH LOCAL LAW ENFORCEMENT OFFICIALS TO ESTABLISH SAFETY ROUTES FOR PUPILS TO AND FROM SCHOOL.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 133 Yeas--51
Baird | Frank | Lockwood | Schauer |
Basham | Garza | Martinez | Schermesser |
Bogardus | Gieleghem | Minore | Scott |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hanley | O'Neil | Spade |
Brown, B. | Hansen | Pestka | Stallworth |
Callahan | Hardman | Price | Switalski |
Cherry | Jacobs | Prusi | Tesanovich |
Clark | Jamnick | Quarles | Thomas |
Clarke | Kelly | Reeves | Vaughn |
Daniels | Kilpatrick | Richardville | Wojno |
Dennis | Kowall | Rison | Woodward |
DeWeese | Lemmons | Rocca |
Nays--52
Allen | Geiger | Julian | Richner |
Birkholz | Gilbert | Koetje | Sanborn |
Bisbee | Godchaux | Kuipers | Scranton |
Bishop | Gosselin | Kukuk | Shackleton |
Bradstreet | Green | LaSata | Shulman |
Brown, C. | Hager | Mead | Stamas |
Byl | Hart | Middaugh | Tabor |
Cassis | Howell | Mortimer | Toy |
Caul | Jansen | Pappageorge | Van Woerkom |
DeRossett | Jelinek | Patterson | Vander Roest |
DeVuyst | Jellema | Perricone | Vear |
Faunce | Johnson, Rick | Pumford | Voorhees |
Garcia | Johnson, Ruth | Raczkowski | Woronchak |
In The Chair: Perricone
Rep. Hale moved to amend the bill as follows:
1. Amend page 7, following line 2, by inserting:
"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL ESTABLISH SOCIAL WORKER TEAMS THROUGHOUT THE QUALIFYING SCHOOL DISTRICT. THESE SOCIAL WORKER TEAMS SHALL ASSESS THE FAMILY AND SOCIAL NEEDS OF PUPILS AND SHALL PROVIDE SUPPORT SERVICES TO PUPILS AND THEIR FAMILIES.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 134 Yeas--29
Baird | Garza | Kilpatrick | Rison |
Bogardus | Hale | Martinez | Schauer |
Bovin | Hanley | Minore | Scott |
Brater | Hansen | Price | Stallworth |
Brewer | Hardman | Prusi | Tesanovich |
Clark | Jacobs | Quarles | Thomas |
Clarke | Jamnick | Reeves | Vaughn |
Dennis
Nays--67
Allen | Frank | Kowall | Schermesser |
Basham | Garcia | Kuipers | Scranton |
Birkholz | Gieleghem | Kukuk | Shackleton |
Bisbee | Gilbert | LaSata | Sheltrown |
Bishop | Godchaux | Lockwood | Shulman |
Bradstreet | Gosselin | Mead | Spade |
Brown, B. | Green | Middaugh | Stamas |
Brown, C. | Hager | Mortimer | Switalski |
Byl | Hart | Pappageorge | Tabor |
Callahan | Howell | Patterson | Toy |
Cassis | Jansen | Perricone | Van Woerkom |
Caul | Jelinek | Pumford | Vander Roest |
DeRossett | Jellema | Raczkowski | Vear |
DeVuyst | Johnson, Rick | Richardville | Voorhees |
DeWeese | Johnson, Ruth | Richner | Wojno |
Ehardt | Julian | Rocca | Woronchak |
Faunce | Koetje | Sanborn |
In The Chair: Perricone
Rep. Hale moved to amend the bill as follows:
1. Amend page 7, following line 2, by inserting:
"SEC. 373A. A STATE MONITOR APPOINTED UNDER THIS PART SHALL ESTABLISH PARENT/TEACHER ADVOCATES WITHIN EACH VOTING DISTRICT OF THE QUALIFYING SCHOOL DISTRICT. A PARENT/TEACHER ADVOCATE SHALL WORK WITH PARENTS TO HELP BUILD CONSTRUCTIVE RELATIONSHIPS BETWEEN PARENTS AND TEACHERS AND TO FACILITATE GREATER PARENT INVOLVEMENT IN THE SCHOOLS GENERALLY.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 135 Yeas--46
Baird | DeWeese | Martinez | Schermesser |
Basham | Garza | Minore | Scott |
Bogardus | Gieleghem | Neumann | Sheltrown |
Bovin | Hale | O'Neil | Spade |
Brater | Hanley | Pestka | Stallworth |
Brewer | Hansen | Price | Switalski |
Brown, B. | Hardman | Prusi | Tesanovich |
Callahan | Jacobs | Quarles | Thomas |
Cherry | Jamnick | Reeves | Vaughn |
Clark | Kilpatrick | Rison | Wojno |
Clarke | Lemmons | Schauer | Woodward |
Dennis Lockwood
Nays--56
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
Ehardt | Johnson, Rick | Pumford | Vear |
Faunce | Johnson, Ruth | Raczkowski | Voorhees |
Garcia | Julian | Richardville | Woronchak |
In The Chair: Perricone
Rep. Hale moved to amend the bill as follows:
1. Amend page 8, following line 11, by inserting:
"SEC. 375. THE LEGISLATURE SHALL APPROPRIATE TO A QUALIFYING SCHOOL DISTRICT SUFFICIENT FUNDS TO ALLOW THE QUALIFYING SCHOOL DISTRICT TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THESE TEACHERS THEREAFTER. A REFORM SCHOOL BOARD SHALL USE THESE FUNDS TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS, AND SHALL ALLOCATE THESE NEW TEACHERS TO THE SCHOOLS THAT MOST NEED ADDITIONAL TEACHERS.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 136 Yeas--31
Baird | Daniels | Kelly | Rison |
Bogardus | Dennis | Kilpatrick | Schauer |
Brater | Garza | Lemmons | Scott |
Brewer | Hale | Martinez | Stallworth |
Callahan | Hansen | Minore | Thomas |
Cherry | Hardman | Prusi | Vaughn |
Clark | Jacobs | Quarles | Woodward |
Clarke | Jamnick | Reeves |
Nays--73
Allen | Geiger | Kukuk | Sanborn |
Basham | Gieleghem | LaSata | Schermesser |
Birkholz | Gilbert | Lockwood | Scranton |
Bisbee | Godchaux | Mead | Shackleton |
Bishop | Gosselin | Middaugh | Sheltrown |
Bovin | Green | Mortimer | Shulman |
Bradstreet | Hager | Neumann | Spade |
Brown, B. | Hart | O'Neil | Stamas |
Brown, C. | Howell | Pappageorge | Switalski |
Byl | Jansen | Patterson | Tabor |
Cassis | Jelinek | Perricone | Tesanovich |
Caul | Jellema | Pestka | Toy |
DeRossett | Johnson, Rick | Price | Van Woerkom |
DeVuyst | Johnson, Ruth | Pumford | Vander Roest |
DeWeese | Julian | Raczkowski | Vear |
Ehardt | Koetje | Richardville | Voorhees |
Faunce | Kowall | Richner | Wojno |
Frank | Kuipers | Rocca | Woronchak |
Garcia
In The Chair: Perricone
Rep. Brewer moved to amend the bill as follows:
1. Amend page 6, following line 19, by inserting:
"(12) A STATE MONITOR APPOINTED UNDER THIS PART SHALL ENSURE THAT THE PUPIL TO TEACHER RATIO IN GRADES K TO 3 IN THE QUALIFYING SCHOOL DISTRICT IS NOT MORE THAN 17 TO 1. THE LEGISLATURE SHALL APPROPRIATE THE FUNDS NECESSARY TO ACHIEVE THIS RATIO." and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
______
Rep. Prusi moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 10, following line 13, by inserting:
"Sec. 1278. (1) In addition to the requirements for accreditation under section 1280 specified in that section, if the board of a school district wants all of the schools of the school district to be accredited under section 1280, the board shall provide to all pupils attending public school in the district a core academic curriculum in compliance with subsection (3) in each of the curricular areas specified in the state board recommended model core academic curriculum content standards developed under subsection (2). The state board model core academic curriculum content standards shall encompass academic and cognitive instruction only. For purposes of this section, the state board model core academic curriculum content standards shall not include attitudes, beliefs, or value systems that are not essential in the legal, economic, and social structure of our society and to the personal and social responsibility of citizens of our society.
(2) Recommended model core CORE academic curriculum content standards shall be developed and periodically updated by the state board, shall be in the form of knowledge and skill content standards that are recommended as state standards for adoption by public schools in local curriculum formulation and adoption, and shall be distributed to each school district in the state. The recommended model core academic curriculum content standards shall set forth desired learning objectives in math, science, reading, history, geography, economics, American government, and writing for all children at each stage of schooling and be based upon the "Michigan K-12 program standards of quality" to ensure that high academic standards, academic skills, and academic subject matters are built into the instructional goals of all school districts for all children. The state board also shall ensure that the Michigan educational assessment program and the high school proficiency exam are based on the state recommended model core ACADEMIC curriculum content standards, are testing only for proficiency in basic academic skills and academic subject matter, and are not used to measure pupils' values or attitudes.
(3) The board of each school district, considering academic curricular objectives defined and recommended pursuant to ESTABLISHED UNDER subsection (2), shall do both of the following:
(a) Establish a core academic curriculum for its pupils at the elementary, middle, and secondary school levels. The core academic curriculum shall AT LEAST MEET THE STATE BOARD CORE CURRICULUM CONTENT STANDARDS DEVELOPED UNDER SUBSECTION (2), SHALL define academic objectives to be achieved by all pupils, and shall be based upon the school district's educational mission, long-range pupil goals, and pupil performance objectives. The core academic curriculum may vary from the model core academic curriculum content standards recommended by the state board pursuant to subsection (2).
(b) After consulting with teachers and school building administrators, determine the aligned instructional program for delivering the core academic curriculum and identify the courses and programs in which the core academic curriculum will be taught.
(4) The board may supplement the core academic curriculum by providing instruction through additional classes and programs.
(5) For all pupils, the subjects or courses, and the delivery of those including special assistance, that constitute the curriculum the pupils engage in shall assure the pupils have a realistic opportunity to learn all subjects and courses required by the district's core academic curriculum in order to give all pupils a reasonable opportunity to attain a state-endorsed diploma. A subject or course required by the core academic curriculum pursuant to subsection (3) shall be provided to all pupils in the school district by a school district, a consortium of school districts, or a consortium of 1 or more school districts and 1 or more intermediate school districts.
(6) To the extent practicable, the state board may adopt or develop academic objective-oriented high standards for knowledge and life skills, and a recommended core academic curriculum, for special education pupils for whom it may not be realistic or desirable to expect achievement of novice level or initial mastery of the state board recommended model core academic content standards objectives or of a high school diploma.
(7) The state board shall make available to all nonpublic schools in this state, as a resource for their consideration, the model core academic curriculum content standards developed for public schools pursuant to subsection (2) for the purpose of assisting the governing body of a nonpublic school in developing its core academic curriculum.
(8) Excluding special education pupils, pupils having a learning disability, and pupils with extenuating circumstances as determined by school officials, a pupil who does not score satisfactorily on the 4th or 7th grade Michigan educational assessment program reading test shall be provided special assistance reasonably expected to enable the pupil to bring his or her reading skills to grade level within 12 months.
(9) Any course that would have been considered a nonessential elective course under Snyder v Charlotte School Dist, 421 Mich 517 (1984), on April 13, 1990 shall continue to be offered to resident pupils of nonpublic schools on a shared time basis.".
The question being on the adoption of the amendment offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Callahan,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas--47
Baird | Dennis | Lockwood | Schauer |
Basham | Frank | Mans | Scott |
Bogardus | Garza | Martinez | Sheltrown |
Bovin | Gieleghem | Minore | Spade |
Brater | Hale | Neumann | Stallworth |
Brewer | Hanley | O'Neil | Switalski |
Brown, B. | Hansen | Pestka | Tesanovich |
Callahan | Hardman | Price | Thomas |
Cherry | Jacobs | Prusi | Vaughn |
Clark | Jamnick | Quarles | Wojno |
Clarke | Kilpatrick | Rison | Woodward |
Daniels | Lemmons | Rocca |
Nays--55
Allen | Garcia | Koetje | Richner |
Birkholz | Geiger | Kowall | Sanborn |
Bisbee | Gilbert | Kuipers | Scranton |
Bishop | Godchaux | Kukuk | Shackleton |
Bradstreet | Gosselin | LaSata | Shulman |
Brown, C. | Hager | Mead | Stamas |
Byl | Hart | Middaugh | Tabor |
Cassis | Howell | Mortimer | Toy |
Caul | Jansen | Pappageorge | Van Woerkom |
DeRossett | Jelinek | Patterson | Vander Roest |
DeVuyst | Jellema | Perricone | Vear |
DeWeese | Johnson, Rick | Pumford | Voorhees |
Ehardt | Johnson, Ruth | Raczkowski | Woronchak |
Faunce | Julian | Richardville |
In The Chair: Perricone
Rep. Allen moved to amend the bill as follows:
1. Amend page 2, line 27, after "ELECTIONS" by striking out "AND" and inserting a comma and "AND HAS".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Frank moved to amend the bill as follows:
1. Amend page 8, following line 11, by inserting:
"SEC. 375. IN ORDER TO REDUCE CLASS SIZE IN GRADES K TO 3 STATEWIDE TO A RATIO OF NOT MORE THAN 17 PUPILS FOR EACH TEACHER, THE LEGISLATURE SHALL APPROPRIATE TO THE SCHOOL DISTRICTS OF THIS STATE AN AMOUNT SUFFICIENT TO HIRE 5,000 NEW TEACHERS STATEWIDE FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS THEREAFTER.".
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 138 Yeas--45
Baird | Dennis | Lemmons | Schauer |
Basham | Frank | Lockwood | Scott |
Bogardus | Garza | Mans | Sheltrown |
Bovin | Gieleghem | Martinez | Spade |
Brater | Hale | Minore | Stallworth |
Brewer | Hanley | Neumann | Switalski |
Brown, B. | Hansen | Pestka | Tesanovich |
Callahan | Hardman | Price | Thomas |
Cherry | Jacobs | Prusi | Vaughn |
Clark | Jamnick | Quarles | Wojno |
Clarke | Kilpatrick | Reeves | Woodward |
Daniels
Nays--57
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
Garcia
In The Chair: Perricone
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
2. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
3. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
4. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
5. Amend page 2, line 12, after the second "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
6. Amend page 5, line 22, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
7. Amend page 6, line 25, after the first "THE" by striking out "GOVERNOR" and inserting "STATE BOARD".
The question being on the adoption of the amendments offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lemmons,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 139 Yeas--43
Baird | Frank | Lockwood | Scott |
Basham | Garza | Mans | Sheltrown |
Bogardus | Gieleghem | Martinez | Spade |
Brater | Hale | Minore | Stallworth |
Brown, B. | Hanley | Neumann | Switalski |
Callahan | Hansen | Pestka | Tesanovich |
Cherry | Hardman | Price | Thomas |
Clark | Jacobs | Prusi | Vaughn |
Clarke | Jamnick | Quarles | Wojno |
Daniels | Kilpatrick | Reeves | Woodward |
Dennis | Lemmons | Schauer |
Nays--57
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bovin | Green | LaSata | Shackleton |
Bradstreet | Hager | Mead | Shulman |
Brown, C. | Hart | Middaugh | Stamas |
Byl | Howell | Mortimer | Tabor |
Cassis | Jansen | Pappageorge | Toy |
Caul | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
Garcia
In The Chair: Perricone
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 1, line 3, by striking out all of section 371 and inserting:
"SEC. 371. AS USED IN THIS PART:
(A) "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT" MEANS THE CHIEF ELECTED OFFICIAL OF THE CITY, TOWNSHIP, OR VILLAGE IN WHICH A MAJORITY OF THE PUPILS OF A QUALIFYING SCHOOL DISTRICT RESIDE.
(B) "QUALIFYING SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT LOCATED IN THIS STATE.".
2. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".
3. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".
4. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".
5. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".
6. Amend page 2, line 12, after the second "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".
7. Amend page 5, line 22, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".
8. Amend page 6, line 25, after the first "THE" by striking out "GOVERNOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".
9. Amend page 10, following line 13, by inserting:
"SEC. 1209. ALL POWERS AND DUTIES OF A SCHOOL BOARD AND OF ITS OFFICERS ARE SUBJECT TO PART 5A.
Sec. 1229. (1) The board of a school district, other than a school district that was organized as a primary school district during the 1995-1996 school year, or intermediate school district shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract. The term of the superintendent's contract shall be fixed by the board, not to exceed 5 years. If written notice of nonrenewal of the contract of a superintendent is not given at least 90 days before the termination of the contract, the contract is renewed for an additional 1-year period.
(2) The board of a school district or intermediate school district may employ assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure in that position under Act No. 4 of the Public Acts of the Extra Session of 1937, being sections 38.71 to 38.191 of the Michigan Compiled Laws 1937 (EX SESS) PA 4, MCL 38.71 TO 38.191. The employment shall be by written contract. The term of the employment contract shall be fixed by the board, not to exceed 3 years. The board shall prescribe the duties of a person described in this subsection. If written notice of nonrenewal of the contract of a person described in this subsection is not given at least 60 days before the termination date of the contract, the contract is renewed for an additional 1-year period.
(3) A notification of nonrenewal of contract of a person described in subsection (2) may be given only for a reason that is not arbitrary or capricious. The board shall not issue a notice of nonrenewal under this section unless the affected person has been provided with not less than 30 days' advance notice that the board is considering the nonrenewal together with a written statement of the reasons the board is considering the nonrenewal. After the issuance of the written statement, but before the nonrenewal statement is issued, the affected person shall be given the opportunity to meet with not less than a majority of the board to discuss the reasons stated in the written statement. The meeting shall be open to the public or a closed session, as the affected person elects under section 8 of the open meetings act, Act No. 267 of the Public Acts of 1976, being section 15.268 of the Michigan Compiled Laws 1976 PA 267, MCL 15.268. If the board fails to provide for a meeting with the board, or if a court finds that the reason for nonrenewal is arbitrary or capricious, the affected person's contract is renewed for an additional 1-year period. This subsection does not apply to the nonrenewal of the contract of a superintendent of schools described in subsection (1).
(4) THE EMPLOYMENT AND THE EMPLOYMENT CONTRACTS OF ALL SCHOOL DISTRICT ADMINISTRATORS ARE SUBJECT TO PART 5A.".
The question being on the adoption of the amendments offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lemmons,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 140 Yeas--8
Clark | Hardman | Lemmons | Thomas |
Garza | Kilpatrick | Stallworth | Vaughn |
Nays--85
Allen | Frank | Julian | Richardville |
Basham | Garcia | Koetje | Richner |
Birkholz | Geiger | Kowall | Rocca |
Bisbee | Gieleghem | Kuipers | Sanborn |
Bishop | Gilbert | Kukuk | Schauer |
Bogardus | Godchaux | LaSata | Scranton |
Bovin | Gosselin | Lockwood | Shackleton |
Bradstreet | Green | Mead | Sheltrown |
Brown, B. | Hager | Middaugh | Shulman |
Brown, C. | Hale | Mortimer | Spade |
Byl | Hanley | Neumann | Stamas |
Callahan | Hansen | O'Neil | Switalski |
Cassis | Hart | Pappageorge | Tabor |
Caul | Howell | Patterson | Toy |
Cherry | Jacobs | Perricone | Van Woerkom |
Clarke | Jamnick | Pestka | Vander Roest |
Dennis | Jansen | Price | Vear |
DeRossett | Jelinek | Prusi | Voorhees |
DeVuyst | Jellema | Pumford | Wojno |
DeWeese | Johnson, Rick | Raczkowski | Woodward |
Ehardt | Johnson, Ruth | Reeves | Woronchak |
Faunce
In The Chair: Perricone
Rep. Kelly moved to amend the bill as follows:
1. Amend page 8, following line 11, by inserting:
"SEC. 377. BEGINNING WITH THE 1998-99 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE ADDITIONAL FUNDS FOR EACH SCHOOL DISTRICT IN WHICH THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1993 WAS AT LEAST 9 MILLS LESS THAN THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1992. IT IS THE INTENT OF THE LEGISLATURE THAT THE AMOUNT OF THE APPROPRIATION FOR THIS PURPOSE SHALL BE AT LEAST $4,000,000.00 FOR 1998-99, $3,600,000.00 FOR 1999-2000, $3,200,000.00 FOR 2000-2001, $2,800,000.00 FOR 2001-2002, $2,400,000.00 FOR 2002-2003, $2,000,000.00 FOR 2003-2004, $1,600,000.00 FOR 2004-2005, AND $1,200,000.00 FOR 2005-2006 AND EACH SUCCEEDING STATE FISCAL YEAR.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bogardus moved to amend the bill as follows:
1. Amend page 1, line 7, after "THE" by striking out "GOVERNOR" and inserting "MAYOR OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED".
2. Amend page 2, line 1, after the first "THE" by striking out "GOVERNOR" and inserting "MAYOR".
3. Amend page 2, line 11, after the second "THE" by striking out "GOVERNOR" and inserting "MAYOR".
4. Amend page 2, line 12, after the first "THE" by striking out "GOVERNOR, THE GOVERNOR" and inserting "MAYOR, THE MAYOR".
5. Amend page 5, line 22, after "GOVERNOR," by inserting "THE MAYOR,".
6. Amend page 6, line 13, after "GOVERNOR," by inserting "THE MAYOR,".
7. Amend page 7, line 22, after "THE" by striking out "GOVERNOR" and inserting "MAYOR".
The question being on the adoption of the amendments offered by Rep. Bogardus,
Rep. Bogardus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bogardus,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 141 Yeas--44
Baird | Dennis | Lockwood | Rison |
Basham | Frank | Mans | Schauer |
Bogardus | Garza | Martinez | Scott |
Bovin | Gieleghem | Minore | Sheltrown |
Brater | Hale | Neumann | Spade |
Brown, B. | Hanley | O'Neil | Stallworth |
Callahan | Hansen | Pestka | Switalski |
Cherry | Hardman | Price | Thomas |
Clark | Jacobs | Prusi | Vaughn |
Clarke | Jamnick | Quarles | Wojno |
Daniels | Kilpatrick | Reeves | Woodward |
Nays--56
Allen | Garcia | Julian | Richardville |
Birkholz | Geiger | Koetje | Rocca |
Bisbee | Gilbert | Kowall | Sanborn |
Bishop | Godchaux | Kuipers | Scranton |
Bradstreet | Gosselin | Kukuk | Shackleton |
Brown, C. | Green | LaSata | Shulman |
Byl | Hager | Lemmons | Stamas |
Cassis | Hart | Mead | Tabor |
Caul | Howell | Middaugh | Toy |
DeRossett | Jansen | Mortimer | Van Woerkom |
DeVuyst | Jelinek | Pappageorge | Vander Roest |
DeWeese | Jellema | Patterson | Vear |
Ehardt | Johnson, Rick | Perricone | Voorhees |
Faunce | Johnson, Ruth | Raczkowski | Woronchak |
In The Chair: Perricone
Rep. Reeves moved to amend the bill as follows:
1. Amend page 4, line 8, after "1999." by striking out the balance of the line through "OFFICER." on line 10 and inserting "1 OF THE NOMINEES WILL BE THE GENERAL SUPERINTENDENT OF PUBLIC INSTRUCTION FROM THE QUALIFYING DISTRICT.".
The question being on the adoption of the amendment offered by Rep. Reeves,
Rep. Reeves demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Reeves,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 142 Yeas--39
Basham | Garza | Lockwood | Scott |
Bogardus | Gieleghem | Martinez | Sheltrown |
Bovin | Hale | Minore | Spade |
Brater | Hanley | Neumann | Stallworth |
Brown, B. | Hansen | Price | Switalski |
Cherry | Hardman | Prusi | Tesanovich |
Clark | Jacobs | Quarles | Thomas |
Clarke | Jamnick | Reeves | Vaughn |
Daniels | Kilpatrick | Rison | Woodward |
Dennis | Lemmons | Schauer |
Nays--59
Allen | Garcia | Koetje | Richner |
Birkholz | Geiger | Kowall | Rocca |
Bisbee | Gilbert | Kuipers | Sanborn |
Bishop | Godchaux | Kukuk | Scranton |
Bradstreet | Gosselin | LaSata | Shackleton |
Brown, C. | Green | Mead | Shulman |
Byl | Hager | Middaugh | Stamas |
Callahan | Hart | Mortimer | Tabor |
Cassis | Howell | Pappageorge | Toy |
Caul | Jansen | Patterson | Van Woerkom |
DeRossett | Jelinek | Perricone | Vander Roest |
DeVuyst | Jellema | Pestka | Voorhees |
DeWeese | Johnson, Rick | Pumford | Wojno |
Ehardt | Johnson, Ruth | Raczkowski | Woronchak |
Faunce | Julian | Richardville |
In The Chair: Perricone
Rep. Reeves moved to amend the bill as follows:
1. Amend page 3, line 8, after "SHALL" by striking out "NOTIFY AND CONSULT WITH" and inserting "GAIN THE APPROVAL OF".
The question being on the adoption of the amendment offered by Rep. Reeves,
Rep. Reeves demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Reeves,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 143 Yeas--41
Basham | Frank | Lemmons | Schauer |
Bogardus | Garza | Lockwood | Scott |
Bovin | Gieleghem | Minore | Sheltrown |
Brown, B. | Hale | Neumann | Spade |
Callahan | Hanley | Pestka | Switalski |
Cherry | Hansen | Price | Tesanovich |
Clark | Hardman | Prusi | Thomas |
Clarke | Jacobs | Quarles | Vaughn |
Daniels | Jamnick | Reeves | Wojno |
Dennis | Kilpatrick | Rison | Woodward |
DeWeese
Nays--57
Allen | Gilbert | Kowall | Rocca |
Birkholz | Godchaux | Kuipers | Sanborn |
Bisbee | Gosselin | Kukuk | Scranton |
Bishop | Green | LaSata | Shackleton |
Bradstreet | Hager | Mead | Shulman |
Brown, C. | Hart | Middaugh | Stallworth |
Byl | Howell | Mortimer | Stamas |
Cassis | Jansen | Pappageorge | Tabor |
Caul | Jelinek | Patterson | Toy |
DeRossett | Jellema | Perricone | Van Woerkom |
DeVuyst | Johnson, Rick | Pumford | Vander Roest |
Ehardt | Johnson, Ruth | Raczkowski | Vear |
Faunce | Julian | Richardville | Voorhees |
Garcia | Koetje | Richner | Woronchak |
Geiger
In The Chair: Perricone
Rep. Daniels moved to amend the bill as follows:
1. Amend page 3, line 8, after "SHALL" by striking out the balance of the subdivision and inserting "SUBMIT THE CONTRACT TO THE SCHOOL BOARD OF THE QUALIFYING SCHOOL DISTRICT FOR ITS APPROVAL. IF THE SCHOOL BOARD DOES NOT APPROVE THE CONTRACT WITHIN 14 DAYS AFTER SUBMISSION, THE STATE MONITOR MAY ENTER INTO THE CONTRACT WITHOUT THE APPROVAL OF THE SCHOOL BOARD.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 1, line 6, after "DISTRICT" by inserting "AND THAT HAS ELECTED TO BECOME A QUALIFYING SCHOOL DISTRICT PURSUANT TO SECTION 377".
2. Amend page 1, line 7, after "THAN" by striking out "APRIL 19, 1999" and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".
3. Amend page 2, line 16, after "BEGINNING" by striking out the balance of the line through "PART" on line 17 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".
4. Amend page 2, line 22, after "(2)" by striking out the balance of the line through "PART" on line 23 and inserting "BEGINNING 10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".
5. Amend page 10, following line 13, by inserting:
"SEC. 377. (1) A FIRST CLASS SCHOOL DISTRICT IS NOT A QUALIFYING SCHOOL DISTRICT UNDER THIS PART, AND THIS PART DOES NOT APPLY TO THE FIRST CLASS SCHOOL DISTRICT, UNLESS THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT IS APPROVED BY A MAJORITY OF THE SCHOOL ELECTORS OF THAT FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION. THE SCHOOL BOARD OF A FIRST CLASS SCHOOL DISTRICT SHALL SUBMIT THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT TO THE SCHOOL ELECTORS OF THE FIRST CLASS SCHOOL DISTRICT AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 60 AND NOT MORE THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS PART. THE QUESTION SHALL BE SUBMITTED IN SUBSTANTIALLY THE FOLLOWING FORM:
"SHALL ____________________ (INSERT NAME OF FIRST CLASS SCHOOL DISTRICT) BECOME A QUALIFYING SCHOOL DISTRICT UNDER PART 5A OF THE REVISED SCHOOL CODE, WHICH WOULD PROVIDE FOR A STATE MONITOR IN PLACE OF THE ELECTED SCHOOL BOARD?
YES ( )
NO ( )".
(2) IF A MAJORITY OF THE SCHOOL ELECTORS OF A FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION UNDER SUBSECTION (1) VOTE IN FAVOR OF THE QUESTION, THE FIRST CLASS SCHOOL DISTRICT IS A QUALIFYING SCHOOL DISTRICT, AND THIS PART IS APPLICABLE TO THE FIRST CLASS SCHOOL DISTRICT, UPON CERTIFICATION OF THE ELECTION RESULTS.
(3) THIS STATE SHALL REIMBURSE A FIRST CLASS SCHOOL DISTRICT FOR THE COSTS OF THE SPECIAL ELECTION REQUIRED UNDER THIS SECTION.".
The question being on the adoption of the amendments offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lemmons,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 144 Yeas--45
Baird | Dennis | Lockwood | Rison |
Basham | Frank | Mans | Schauer |
Bogardus | Garza | Martinez | Scott |
Bovin | Gieleghem | Minore | Sheltrown |
Brater | Hale | Neumann | Spade |
Brewer | Hanley | O'Neil | Stallworth |
Brown, B. | Hansen | Pestka | Switalski |
Callahan | Hardman | Price | Tesanovich |
Cherry | Jacobs | Prusi | Vaughn |
Clark | Kilpatrick | Quarles | Wojno |
Clarke | Lemmons | Reeves | Woodward |
Daniels
Nays--57
Allen | Geiger | Koetje | Richner |
Birkholz | Gilbert | Kowall | Rocca |
Bisbee | Godchaux | Kuipers | Sanborn |
Bishop | Gosselin | Kukuk | Scranton |
Bradstreet | Green | LaSata | Shackleton |
Brown, C. | Hager | Mead | Shulman |
Byl | Hart | Middaugh | Stamas |
Cassis | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
Faunce | Julian | Richardville | Woronchak |
Garcia
In The Chair: Perricone
Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 297, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 145 Yeas--64
Allen | Geiger | Koetje | Rocca |
Birkholz | Gilbert | Kowall | Sanborn |
Bisbee | Godchaux | Kuipers | Scranton |
Bishop | Gosselin | Kukuk | Shackleton |
Bradstreet | Green | LaSata | Sheltrown |
Brown, C. | Hager | Mead | Shulman |
Byl | Hardman | Middaugh | Stallworth |
Cassis | Hart | Mortimer | Stamas |
Caul | Howell | Pappageorge | Tabor |
Daniels | Jansen | Patterson | Toy |
DeRossett | Jelinek | Perricone | Van Woerkom |
DeVuyst | Jellema | Pumford | Vander Roest |
DeWeese | Johnson, Rick | Raczkowski | Vaughn |
Ehardt | Johnson, Ruth | Reeves | Vear |
Faunce | Julian | Richardville | Voorhees |
Garcia | Kilpatrick | Richner | Woronchak |
Nays--40
Baird | Clarke | Lemmons | Quarles |
Basham | Dennis | Lockwood | Rison |
Bogardus | Frank | Mans | Schauer |
Bovin | Garza | Martinez | Scott |
Brater | Gieleghem | Minore | Spade |
Brewer | Hale | Neumann | Switalski |
Brown, B. | Hanley | O'Neil | Tesanovich |
Callahan | Hansen | Pestka | Thomas |
Cherry | Jacobs | Price | Wojno |
Clark | Jamnick | Prusi | Woodward |
In The Chair: Perricone
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"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,".
The House agreed to the full title.
______
Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
My vote against this bill is not an acknowledgement that all is well with the Detroit school district. I firmly believe there are and have heard not one person say otherwise.
This bill is not school reform, but one that extremely limits an elected body, replacing it with the Governor who is given a free hand--there is no plan. There is no criteria. There is no liability for any person who will be associated with implementation of this bill.
Underachieving students are not limited to this district. I have heard from presidents of Michigan colleges and universities, as well as a prominent businessman on staff with one of England's prestigious universities who all spoke to concerns about needs for incoming freshmen for remedial math and English classes. Lesser achieving students is not just a Detroit school district problem--it is more widespread.
Statements were made in the media and at committee meetings about businesses inability to find adequately educated employees in Detroit--I have heard those same comments by businesses in my county.
Democratic amendments tonight spoke to criteria, family involvement and some innovative ways to make a difference for Detroit's students which for the most part have been rejected by the majority.
For the last 2 1/2 months I have continued to hear the words 'local control' and 'protecting children' while 'strengthening families'. Were those made for all except Detroit?
Change is needed, there is absolutely no question. I simply don't feel this bill will meet the needs of the children and their families in Detroit."
Rep. Callahan, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting an administrative appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, Black Parents for Quality Education and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."
Rep. Switalski, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this bill because it strips a duly elected school board of all of its power and replaces that board with an appointee of the governor.
This appointee will have total control with no checks and balances. The people of Detroit will have no voice in the governing of their schools.
This legislation succeeds only in creating the purest form of political monster: an officeholder who's only function is to run for election."
Rep. Gieleghem, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting an administrative appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, Black Parents for Quality Education and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."
Rep. Basham, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
While the sponsor of this bill may have very noble ideas of how to provide a better education for the children of Michigan--beginning with Detroit--I believe this is too complex an issue to be addressed by such a simple yet questionable measure.
First, I object to the state assuming the right to remove duly elected officials from office. The residents of Detroit made a choice about who they wanted to oversee their schools. It is rather arrogant for the state to tell them that their decision was wrong. If the voters feel the individuals they elected are failing in their responsibilities then there is a mechanism in place to allow them to be removed from office: either through a recall effort or the regular election process. I am further concerned such a proposal would set a terrible precedent that may potentially affect all elected officials.
Second, with all due respect to Mayor Archer, I must question what credentials he has that allow him to run the schools better than the current board. As the Mayor of Detroit since 1993, he is responsible for providing adequate public services in the city. Interestingly, after six years in office we continue to hear complaints that streets are not being plowed, city employees are failing to patch the roads, ordinances are not being enforced, etc. The list goes on and on. If the Mayor continues to be challenged by the very basic operations of the city, what basis is there to believe he can better run the schools?
Third, there are a number of school districts that fare worse than the Detroit schools. I question how we deal with those schools and why we have singled out Detroit. The school board has established a financial surplus in the district. In addition, the newly elected school board has recently proposed significant changes that aim to improve the quality of education that its students receive. While the pressure from the proposed school takeover may have been part of the impetus for such actions, the board should have the opportunity to implement these changes.
Fourth, I do not believe true improvements with the students' educational experience will occur until both their learning and living environments are improved. There are children that live in decrepit neighborhoods with drug dealers as neighbors and bars on their doors and windows. They are poorly nourished and lack proper guidance and supervision. So long as they live in such a negative environment, regardless of who may be running the schools, their ability to learn will always be hindered.
Lastly, I strongly disagree with the manner in which this measure has been moved through the legislative process. There have been much less significant issues deliberated by the legislature that were allowed statewide public hearings. This legislation, which has very broad and precedent setting implications for every school district in Michigan and perhaps every elected official, has been railroaded through with little, if any, opportunity for discussion or debate."
Rep. Lemmons, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I believe that this bill unfairly puts the members of the Detroit Board of Education in a subordinate position. Further, it strips them of their duly elected powers and puts them in a defacto-receivership. I am opposed to any legislation that reduces the powers of an elected board without any rationale or reason."
Rep. Wojno, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Senate Bill 297 does the wrong thing for the right reason. The ongoing problems with K-12 education in Michigan are of great concern to all members of the Legislature. Unfortunately this bill attempts to fix the problems in the Detroit School District by stripping away the power of a duly-elected government body and invalidating the vote of the people; removes accountability by putting a a group of political appointee in charge of the school district; does not include any true education reforms; and gives the Governor's appointee the power to spend without oversight. This bill is opposed by the Michigan Association of School Boards, the Macomb County School Boards Association, the Detroit Parent-Teacher Association, the School Equity Caucus, and Citizens for a Better Lansing. I join these well-respected groups and many of my colleagues in voting no on this bill which threatens the democratic caucus everywhere in Michigan."
Rep. Raczkowski moved that the bill be given immediate effect.
The question being on the motion made by Rep. Raczkowski,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Raczkowski,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 146 Yeas--58
Allen | Geiger | Kowall | Rocca |
Birkholz | Gilbert | Kuipers | Sanborn |
Bisbee | Godchaux | Kukuk | Scranton |
Bishop | Gosselin | LaSata | Shackleton |
Bradstreet | Green | Mead | Shulman |
Brown, C. | Hager | Middaugh | Spade |
Byl | Hart | Mortimer | Stamas |
Cassis | Howell | Pappageorge | Tabor |
Caul | Jansen | Patterson | Toy |
DeRossett | Jelinek | Perricone | Van Woerkom |
DeVuyst | Jellema | Pumford | Vander Roest |
DeWeese | Johnson, Rick | Raczkowski | Vear |
Ehardt | Johnson, Ruth | Richardville | Voorhees |
Faunce | Julian | Richner | Woronchak |
Garcia Koetje
Nays--42
Baird | Dennis | Lockwood | Rison |
Basham | Frank | Martinez | Schauer |
Bogardus | Garza | Minore | Scott |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hanley | O'Neil | Stallworth |
Brewer | Hansen | Pestka | Switalski |
Brown, B. | Hardman | Price | Tesanovich |
Cherry | Jacobs | Prusi | Thomas |
Clark | Jamnick | Quarles | Vaughn |
Clarke | Kilpatrick | Reeves | Woodward |
Daniels Lemmons
In The Chair: Perricone
Notices
I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed Senate Bill No. 297.
Rep. Frank
______
Rep. Raczkowski moved that the House adjourn.
The motion prevailed, the time being 4:35 a.m.
The Speaker declared the House adjourned until Thursday, March 18, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.