HOUSE BILL No. 5785 March 12, 2002, Introduced by Reps. Van Woerkom and Meyer and referred to the Committee on Education. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2001 PA 121. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) "Center program" means a program operated by a 2 district or intermediate district for special education pupils 3 from several districts in programs for the autistically impaired, 4 trainable mentally impaired, severely mentally impaired, severely 5 multiply impaired, hearing impaired, physically and otherwise 6 health impaired, and visually impaired. Programs for emotionally 7 impaired pupils housed in buildings that do not serve regular 8 education pupils also qualify. Unless otherwise approved by the 9 department, a center program either shall serve all constituent 10 districts within an intermediate district or shall serve several 11 districts with less than 50% of the pupils residing in the 06705'02 a TAV 2 1 operating district. In addition, special education center 2 program pupils placed part-time in noncenter programs to comply 3 with the least restrictive environment provisions of section 612 4 of part B of the individuals with disabilities education act, 5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered 6 center program pupils for pupil accounting purposes for the time 7 scheduled in either a center program or a noncenter program. 8 (2) "District pupil retention rate" means the proportion of 9 pupils who have not dropped out of school in the immediately pre- 10 ceding school year and is equal to 1 minus the quotient of the 11 number of pupils unaccounted for in the immediately preceding 12 school year, as determined pursuant to subsection (3), divided by 13 the pupils of the immediately preceding school year. 14 (3) "District pupil retention report" means a report of the 15 number of pupils, excluding migrant and adult, in the district 16 for the immediately preceding school year, adjusted for those 17 pupils who have transferred into the district, transferred out of 18 the district, transferred to alternative programs, and have grad- 19 uated, to determine the number of pupils who are unaccounted 20 for. The number of pupils unaccounted for shall be calculated as 21 determined by the department. 22 (4) "Membership", except as otherwise provided in this act, 23 means for a district, public school academy, university school, 24 or intermediate district the sum of the product of .8 times the 25 number of full-time equated pupils in grades K to 12 actually 26 enrolled and in regular daily attendance on the pupil membership 27 count day for the current school year, plus the product of .2 06705'02 a 3 1 times the final audited count from the supplemental count day for 2 the immediately preceding school year. All pupil counts used in 3 this subsection are as determined by the department and calcu- 4 lated by adding the number of pupils registered for attendance 5 plus pupils received by transfer and minus pupils lost as defined 6 by rules promulgated by the superintendent, and as corrected by a 7 subsequent department audit. The amount of the foundation allow- 8 ance for a pupil in membership is determined under section 20. 9 In making the calculation of membership, all of the following, as 10 applicable, apply to determining the membership of a district, 11 public school academy, university school, or intermediate 12 district: 13 (a) Except as otherwise provided in this subsection, and 14 pursuant to subsection (6), a pupil shall be counted in member- 15 ship in the pupil's educating district or districts. An individ- 16 ual pupil shall not be counted for more than a total of 1.0 17 full-time equated membership. 18 (b) If a pupil is educated in a district other than the 19 pupil's district of residence, if the pupil is not being educated 20 as part of a cooperative education program, if the pupil's dis- 21 trict of residence does not give the educating district its 22 approval to count the pupil in membership in the educating dis- 23 trict, and if the pupil is not covered by an exception specified 24 in subsection (6) to the requirement that the educating district 25 must have the approval of the pupil's district of residence to 26 count the pupil in membership, the pupil shall not be counted in 27 membership in any district. 06705'02 a 4 1 (c) A special education pupil educated by the intermediate 2 district shall be counted in membership in the intermediate 3 district. 4 (d) A pupil placed by a court or state agency in an 5 on-grounds program of a juvenile detention facility, a child 6 caring institution, or a mental health institution, or a pupil 7 funded under section 53a, shall be counted in membership in the 8 district or intermediate district approved by the department to 9 operate the program. 10 (e) A pupil enrolled in the Michigan schools for the deaf 11 and blind shall be counted in membership in the pupil's interme- 12 diate district of residence. 13 (f) A pupil enrolled in a vocational education program sup- 14 ported by a millage levied over an area larger than a single dis- 15 trict or in an area vocational-technical education program estab- 16 lished pursuant to section 690 of the revised school code, 17 MCL 380.690, shall be counted only in the pupil's district of 18 residence. 19 (g) A pupil enrolled in a university school shall be counted 20 in membership in the university school. 21 (h) A pupil enrolled in a public school academy shall be 22 counted in membership in the public school academy. 23 (i) For a new district, university school, or public school 24 academy beginning its operation after December 31, 1994, member- 25 ship for the first 2 full or partial fiscal years of operation 26 shall be determined as follows: 06705'02 a 5 1 (i) If operations begin before the pupil membership count 2 day for the fiscal year, membership is the average number of 3 full-time equated pupils in grades K to 12 actually enrolled and 4 in regular daily attendance on the pupil membership count day for 5 the current school year and on the supplemental count day for the 6 current school year, as determined by the department and calcu- 7 lated by adding the number of pupils registered for attendance on 8 the pupil membership count day plus pupils received by transfer 9 and minus pupils lost as defined by rules promulgated by the 10 superintendent, and as corrected by a subsequent department 11 audit, plus the final audited count from the supplemental count 12 day for the current school year, and dividing that sum by 2. 13 (ii) If operations begin after the pupil membership count 14 day for the fiscal year and not later than the supplemental count 15 day for the fiscal year, membership is the final audited count of 16 the number of full-time equated pupils in grades K to 12 actually 17 enrolled and in regular daily attendance on the supplemental 18 count day for the current school year. 19 (j) If a district is the authorizing body for a public 20 school academy, then, in the first school year in which pupils 21 are counted in membership on the pupil membership count day in 22 the public school academy, the determination of the district's 23 membership shall exclude from the district's pupil count for the 24 immediately preceding supplemental count day any pupils who are 25 counted in the public school academy on that first pupil member- 26 ship count day who were also counted in the district on the 27 immediately preceding supplemental count day. 06705'02 a 6 1 (k) In a district, public school academy, university school, 2 or intermediate district operating an extended school year pro- 3 gram approved by the superintendent, a pupil enrolled, but not 4 scheduled to be in regular daily attendance on a pupil membership 5 count day, shall be counted. 6 (l) Pupils to be counted in membership shall benot less7thanAT LEAST 5 years of ageon December 1and less than 20 8 years of age on September 1 of the school year.exceptHOWEVER, 9 a special education pupil who is enrolled and receiving instruc- 10 tion in a special education program approved by the department, 11and not havingWHO DOES NOT HAVE a high school diploma, AND who 12 is less than 26 years of age as of September 1 of the current 13 school year shall be counted in membership. 14 (m) An individual who has obtained a high school diploma 15 shall not be counted in membership. An individual who has 16 obtained a general education development (G.E.D.) certificate 17 shall not be counted in membership. An individual participating 18 in a job training program funded under former section 107a or a 19 jobs program funded under former section 107b, administered by 20 the Michigan strategic fund or the department of career develop- 21 ment, or participating in any successor of either of those 2 pro- 22 grams, shall not be counted in membership. 23 (n) If a pupil counted in membership in a public school 24 academy is also educated by a district or intermediate district 25 as part of a cooperative education program, the pupil shall be 26 counted in membership only in the public school academy, and the 27 instructional time scheduled for the pupil in the district or 06705'02 a 7 1 intermediate district shall be included in the full-time equated 2 membership determination under subdivision (q). However, for 3 pupils receiving instruction in both a public school academy and 4 in a district or intermediate district but not as a part of a 5 cooperative education program, the following apply: 6 (i) If the public school academy provides instruction for at 7 least 1/2 of the class hours specified in subdivision (q), the 8 public school academy shall receive as its prorated share of the 9 full-time equated membership for each of those pupils an amount 10 equal to 1 times the product of the hours of instruction the 11 public school academy provides divided by the number of hours 12 specified in subdivision (q) for full-time equivalency, and the 13 remainder of the full-time membership for each of those pupils 14 shall be allocated to the district or intermediate district pro- 15 viding the remainder of the hours of instruction. 16 (ii) If the public school academy provides instruction for 17 less than 1/2 of the class hours specified in subdivision (q), 18 the district or intermediate district providing the remainder of 19 the hours of instruction shall receive as its prorated share of 20 the full-time equated membership for each of those pupils an 21 amount equal to 1 times the product of the hours of instruction 22 the district or intermediate district provides divided by the 23 number of hours specified in subdivision (q) for full-time equiv- 24 alency, and the remainder of the full-time membership for each of 25 those pupils shall be allocated to the public school academy. 26 (o) An individual less than 16 years of age as of September 27 1 of the current school year who is being educated in an 06705'02 a 8 1 alternative education program shall not be counted in membership 2 if there are also adult education participants being educated in 3 the same program or classroom. 4 (p) The department shall give a uniform interpretation of 5 full-time and part-time memberships. 6 (q) The number of class hours used to calculate full-time 7 equated memberships shall be consistent with section 101(3). In 8 determining full-time equated memberships for pupils who are 9 enrolled in a postsecondary institution, a pupil shall not be 10 considered to be less than a full-time equated pupil solely 11 because of the effect of his or her postsecondary enrollment, 12 including necessary travel time, on the number of class hours 13 provided by the district to the pupil. 14 (r) Full-time equated memberships for pupils in kindergarten 15 shall be determined by dividing the number of class hours sched- 16 uled and provided per year per kindergarten pupil by a number 17 equal to 1/2 the number used for determining full-time equated 18 memberships for pupils in grades 1 to 12. 19 (s) For a district, university school, or public school 20 academy that has pupils enrolled in a grade level that was not 21 offered by the district, university school, or public school 22 academy in the immediately preceding school year, the number of 23 pupils enrolled in that grade level to be counted in membership 24 is the average of the number of those pupils enrolled and in reg- 25 ular daily attendance on the pupil membership count day and the 26 supplemental count day of the current school year, as determined 27 by the department. Membership shall be calculated by adding the 06705'02 a 9 1 number of pupils registered for attendance in that grade level on 2 the pupil membership count day plus pupils received by transfer 3 and minus pupils lost as defined by rules promulgated by the 4 superintendent, and as corrected by subsequent department audit, 5 plus the final audited count from the supplemental count day for 6 the current school year, and dividing that sum by 2. 7 (t) A pupil enrolled in a cooperative education program may 8 be counted in membership in the pupil's district of residence 9 with the written approval of all parties to the cooperative 10 agreement. 11 (u) If, as a result of a disciplinary action, a district 12 determines through the district's alternative or disciplinary 13 education program that the best instructional placement for a 14 pupil is in the pupil's home, if that placement is authorized in 15 writing by the district superintendent and district alternative 16 or disciplinary education supervisor, and if the district pro- 17 vides appropriate instruction as described in this subdivision to 18 the pupil at the pupil's home, the district may count the pupil 19 in membership on a pro rata basis, with the proration based on 20 the number of hours of instruction the district actually provides 21 to the pupil divided by the number of hours specified in 22 subdivision (q) for full-time equivalency. For the purposes of 23 this subdivision, a district shall be considered to be providing 24 appropriate instruction if all of the following are met: 25 (i) The district provides at least 2 nonconsecutive hours of 26 instruction per week to the pupil at the pupil's home under the 27 supervision of a certificated teacher. 06705'02 a 10 1 (ii) The district provides instructional materials, 2 resources, and supplies, except computers, that are comparable to 3 those otherwise provided in the district's alternative education 4 program. 5 (iii) Course content is comparable to that in the district's 6 alternative education program. 7 (iv) Credit earned is awarded to the pupil and placed on the 8 pupil's transcript. 9 (v) A pupil enrolled in an alternative or disciplinary edu- 10 cation program described in section 25 shall be counted in mem- 11 bership in the district or public school academy that expelled 12 the pupil. 13 (w) If a pupil was enrolled in a public school academy on 14 the pupil membership count day, if the public school academy's 15 contract with its authorizing body is revoked, and if the pupil 16 enrolls in a district within 45 days after the pupil membership 17 count day, the department shall adjust the district's pupil count 18 for the pupil membership count day to include the pupil in the 19 count. 20 (x) For a public school academy that has been in operation 21 for at least 2 years and that suspended operations for at least 1 22 semester and is resuming operations, membership is the sum of the 23 product of .8 times the number of full-time equated pupils in 24 grades K to 12 actually enrolled and in regular daily attendance 25 on the first pupil membership count day or supplemental count 26 day, whichever is first, occurring after operations resume, plus 27 the product of .2 times the final audited count from the most 06705'02 a 11 1 recent pupil membership count day or supplemental count day that 2 occurred before suspending operations, as determined by the 3 superintendent. 4 (y) For 2000-2001 only, if a district's membership for that 5 fiscal year, as otherwise calculated under this subsection, would 6 be less than 1,550 pupils, the district's membership for that 7 fiscal year shall be considered to be the membership figure cal- 8 culated under this subdivision. For 2001-2002 only, if a 9 district's membership for that fiscal year, as otherwise calcu- 10 lated under this subsection, would be less than 1,550 pupils and 11 the district has 4.5 or fewer pupils per square mile, as deter- 12 mined by the department, the district's membership shall be con- 13 sidered to be the membership figure calculated under this 14 subsection. The membership figure calculated under this subsec- 15 tion is the greater of the following: 16 (i) The average of the district's membership for the 17 3-fiscal-year period ending with that fiscal year, calculated by 18 adding the district's actual membership for that fiscal year, as 19 otherwise calculated under this subsection, plus the district's 20 membership as calculated under this subdivision for each of the 21 2 immediately preceding fiscal years, and dividing the sum of 22 those 3 membership figures by 3. 23 (ii) The district's actual membership as otherwise calcu- 24 lated under this subsection. 25 (5) "Public school academy" means a public school academy or 26 strict discipline academy operating under the revised school 27 code. 06705'02 a 12 1 (6) "Pupil" means a person in membership in a public 2 school. A district must have the approval of the pupil's dis- 3 trict of residence to count the pupil in membership, except 4 approval by the pupil's district of residence shall not be 5 required for any of the following: 6 (a) A nonpublic part-time pupil enrolled in grades 1 to 12 7 in accordance with section 166b. 8 (b) A pupil receiving 1/2 or less of his or her instruction 9 in a district other than the pupil's district of residence. 10 (c) A pupil enrolled in a public school academy or univer- 11 sity school. 12 (d) A pupil enrolled in a district other than the pupil's 13 district of residence under an intermediate district schools of 14 choice pilot program as described in section 91a or former 15 section 91 if the intermediate district and its constituent dis- 16 tricts have been exempted from section 105. 17 (e) A pupil enrolled in a district other than the pupil's 18 district of residence but within the same intermediate district 19 if the educating district enrolls nonresident pupils in accord- 20 ance with section 105. 21 (f) A pupil enrolled in a district other than the pupil's 22 district of residence if the pupil has been continuously enrolled 23 in the educating district since a school year in which the pupil 24 enrolled in the educating district under section 105 or 105c and 25 in which the educating district enrolled nonresident pupils in 26 accordance with section 105 or 105c. 06705'02 a 13 1 (g) A pupil who has made an official written complaint or 2 whose parent or legal guardian has made an official written 3 complaint to law enforcement officials and to school officials of 4 the pupil's district of residence that the pupil has been the 5 victim of a criminal sexual assault or other serious assault, if 6 the official complaint either indicates that the assault occurred 7 at school or that the assault was committed by 1 or more other 8 pupils enrolled in the school the pupil would otherwise attend in 9 the district of residence or by an employee of the district of 10 residence. A person who intentionally makes a false report of a 11 crime to law enforcement officials for the purposes of this sub- 12 division is subject to section 411a of the Michigan penal code, 13 1931 PA 328, MCL 750.411a, which provides criminal penalties for 14 that conduct. As used in this subdivision: 15 (i) "At school" means in a classroom, elsewhere on school 16 premises, on a school bus or other school-related vehicle, or at 17 a school-sponsored activity or event whether or not it is held on 18 school premises. 19 (ii) "Serious assault" means an act that constitutes a 20 felony violation of chapter XI of the Michigan penal code, 1931 21 PA 328, MCL 750.81 to 750.90g, or that constitutes an assault and 22 infliction of serious or aggravated injury under section 81a of 23 the Michigan penal code, 1931 PA 328, MCL 750.81a. 24 (h) A pupil enrolled in a district located in a contiguous 25 intermediate district, as described in section 105c, if the edu- 26 cating district enrolls those nonresident pupils in accordance 27 with section 105c. 06705'02 a 14 1 (i) A pupil whose district of residence changed after the 2 pupil membership count day and before the supplemental count day 3 and who continues to be enrolled on the supplemental count day as 4 a nonresident in the district in which he or she was enrolled as 5 a resident on the pupil membership count day of the same school 6 year. 7 (j) A pupil enrolled in an alternative education program 8 operated by a district other than his or her district of resi- 9 dence who meets 1 or more of the following: 10 (i) The pupil has been suspended or expelled from his or her 11 district of residence for any reason, including, but not limited 12 to, a suspension or expulsion under section 1310, 1311, or 1311a 13 of the revised school code, MCL 380.1310, 380.1311, and 14 380.1311a. 15 (ii) The pupil had previously dropped out of school. 16 (iii) The pupil is pregnant or is a parent. 17 (iv) The pupil has been referred to the program by a court. 18 (k) A pupil enrolled in the Michigan virtual high school, 19 for the pupil's enrollment in the Michigan virtual high school. 20 However, if a district that is not a first class district 21 educates pupils who reside in a first class district and if the 22 primary instructional site for those pupils is located within the 23 boundaries of the first class district, the educating district 24 must have the approval of the first class district to count those 25 pupils in membership. As used in this subsection, "first class 26 district" means a district organized as a school district of the 27 first class under the revised school code. 06705'02 a 15 1 (7) "Pupil membership count day" of a district or 2 intermediate district means: 3 (a) Except as provided in subdivision (b), the fourth 4 Wednesday in September each school year. 5 (b) For a district or intermediate district maintaining 6 school during the entire school year, the following days: 7 (i) Fourth Wednesday in July. 8 (ii) Fourth Wednesday in September. 9 (iii) Second Wednesday in February. 10 (iv) Fourth Wednesday in April. 11 (8) "Pupils in grades K to 12 actually enrolled and in regu- 12 lar daily attendance" means pupils in grades K to 12 in 13 attendance and receiving instruction in all classes for which 14 they are enrolled on the pupil membership count day or the sup- 15 plemental count day, as applicable. A pupil who is absent from 16 any of the classes in which the pupil is enrolled on the pupil 17 membership count day or supplemental count day and who does not 18 attend each of those classes during the 10 consecutive school 19 days immediately following the pupil membership count day or sup- 20 plemental count day, except for a pupil who has been excused by 21 the district, shall not be counted as 1.0 full-time equated 22 membership. In addition, a pupil who is excused from attendance 23 on the pupil membership count day or supplemental count day and 24 who fails to attend each of the classes in which the pupil is 25 enrolled within 30 calendar days after the pupil membership count 26 day or supplemental count day shall not be counted as 1.0 27 full-time equated membership. Pupils not counted as 1.0 06705'02 a 16 1 full-time equated membership due to an absence from a class shall 2 be counted as a prorated membership for the classes the pupil 3 attended. For purposes of this subsection, "class" means a 4 period of time in 1 day when pupils and a certificated teacher or 5 legally qualified substitute teacher are together and instruction 6 is taking place. 7 (9) "Rule" means a rule promulgated pursuant to the adminis- 8 trative procedures act of 1969, 1969 PA 306, MCL 24.201 to 9 24.328. 10 (10) "The revised school code" means 1976 PA 451, MCL 380.1 11 to 380.1852. 12 (11) "School fiscal year" means a fiscal year that commences 13 July 1 and continues through June 30. 14 (12) "State board" means the state board of education. 15 (13) "Superintendent", unless the context clearly refers to 16 a district or intermediate district superintendent, means the 17 superintendent of public instruction described in section 3 of 18 article VIII of the state constitution of 1963. 19 (14) "Supplemental count day" means the day on which the 20 supplemental pupil count is conducted under section 6a. 21 (15) "Tuition pupil" means a pupil of school age attending 22 school in a district other than the pupil's district of residence 23 for whom tuition may be charged. Tuition pupil does not include 24 a pupil who is a special education pupil or a pupil described in 25 subsection (6)(d) to (k). A pupil's district of residence shall 26 not require a high school tuition pupil, as provided under 06705'02 a 17 1 section 111, to attend another school district after the pupil 2 has been assigned to a school district. 3 (16) "State school aid fund" means the state school aid fund 4 established in section 11 of article IX of the state constitution 5 of 1963. 6 (17) "Taxable value" means the taxable value of property as 7 determined under section 27a of the general property tax act, 8 1893 PA 206, MCL 211.27a. 9 (18) "Total state aid" or "total state school aid" means the 10 total combined amount of all funds due to a district, intermedi- 11 ate district, or other entity under all of the provisions of this 12 act. 13 (19) "University school" means an instructional program 14 operated by a public university under section 23 that meets the 15 requirements of section 23. 16 Enacting section 1. This amendatory act does not take 17 effect unless Senate Bill No. _____ or House Bill No. 5784 18 (request no. 06705'02) of the 91st Legislature is enacted into 19 law. 06705'02 a Final page. TAV