HB-4693, As Passed House, June 19, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4693

                                                                             A bill to amend 1976 PA 451, entitled                                             

"The revised school code,"                                                  

(MCL 380.1 to 380.1852) by adding section 1294.                             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 1294.  (1) A school district may apply to the                          

2   superintendent of public instruction for an educational                     

3   flexibility and empowerment contract under this section for the             

4   school district or for 1 or more schools operated by the school             

5   district.  An ed-flex contract allows the superintendent of                 

6   public instruction to waive a provision of this act or of the               

7   state school aid act of 1979, or of a rule promulgated under this           

8   act or the state school aid act of 1979, designated as part of a            

9   performance-based contract with clearly defined and measurable              

10  performance goals.  A school district also may apply to the                 

11  superintendent of public instruction for waiver of certain                  

1   federal requirements, in accordance with federal law allowing               

2   federal education waivers to be issued by this state.                       

3       (2) Before applying for an ed-flex contract, the board of a                 

4   school district must adopt a resolution indicating the board's              

5   intent to apply for the educational flexibility and empowerment             

6   contract.  If the contract is not intended to cover the entire              

7   school district, the resolution shall specify the schools to be             

8   covered.  Before adopting the resolution, the board shall hold at           

9   least 2 public hearings at which the types of waivers sought and            

10  the need for the waivers are explained and public comment is                

11  allowed.                                                                    

12      (3) A school district shall submit an application for an                    

13  ed-flex contract to the superintendent of public instruction in             

14  the form and manner prescribed by the department.  The                      

15  application shall contain at least all of the following:                    

16      (a) A specific listing of the statutes and rules proposed to                

17  be waived.  If the application is intended to also serve as an              

18  application for federal waivers under federal law, the                      

19  application also shall include a specific listing of the federal            

20  statutes and regulations proposed to be waived.                             

21      (b) A statement specifying the need for waiver for each                     

22  statute or rule proposed to be waived, including the purpose and            

23  intended results for each waiver.                                           

24      (c) A description, for each school year and for the overall                 

25  term of the contract, of the specific measurable goals for                  

26  improved pupil performance in the school district or school.                

27  These goals shall include, but are not limited to, goals for                

1   improving MEAP scores.                                                      

2       (d) A description, for each school year and for the overall                 

3   term of the contract, of the measurements to be used to determine           

4   whether the pupil performance goals under subdivision (c) have              

5   been met.                                                                   

6       (e) An explanation of how the contract and the waivers will                 

7   assist the school district or school in achieving its specified             

8   performance goals.                                                          

9       (f) If the contract is not intended to cover the entire                     

10  school district, the specific schools to be covered.                        

11      (g) A copy of the board resolution required under subsection                

12  (2).  If the application is intended to also serve as an                    

13  application for federal waivers under federal law, the                      

14  application also shall include an explanation of how the public             

15  notice requirements of federal law have been met.                           

16      (4) Within 60 days after receiving an application under                     

17  subsection (3), the superintendent of public instruction shall              

18  approve or disapprove the application and notify the school                 

19  district of the decision.  If the superintendent of public                  

20  instruction approves the application, the superintendent of                 

21  public instruction shall promptly enter into an ed-flex contract            

22  with the school district.  If the superintendent of public                  

23  instruction disapproves the application, the notification to the            

24  school district shall include notice of the specific reasons for            

25  the disapproval, and the school district may submit a revised               

26  application.  If the superintendent of public instruction does              

27  not act on an application and notify the school district of his             

House Bill No. 4693 (H-1) as amended June 19, 2003                          

1   or her decision within the time limits required under this                  

2   subsection, the application is considered approved and the                  

3   superintendent of public instruction shall promptly enter into              

4   the proposed ed-flex contract with the school district.                     

5       (5) The superintendent of public instruction shall not                      

6   approve an application submitted under subsection (3) unless he             

7   or she finds all of the following:                                          

8       (a) That the performance goals contained in the application                 

9   are sufficiently specific and will, if met, constitute improved             

10  pupil achievement.                                                          

11      (b) That the contract will allow the school district to                     

12  enhance learning and to operate in a more effective, efficient,             

13  or economical manner.                                                       

[(c) That the district has exhibited financial responsibility during the preceding 3 fiscal years, as determined by the superintendent of public instruction.  This does not preclude the approval of an educational flexibility and empowerment contract for a school district in current financial hardship, so long as the hardship is not due to financial irresponsibility as determined by the superintendent of public instruction.]

14      (6) In approving applications submitted under subsection (3),               

15  the superintendent of public instruction shall give priority to             

16  applications that are focused on reducing pupil achievement gaps            

17  based on race, gender, and socioeconomic status.                            

18      (7) The department shall prescribe the form of an ed-flex                   

19  contract.  The contract shall include at least all of the                   

20  following:                                                                  

21      (a) All matters addressed in the application.                               

22      (b) Assurance that the school district will report its annual               

23  progress toward its performance goals.                                      

24      (c) An agreement that, in order for the contract to be                      

25  renewed, the MEAP scores for the school district or school must             

26  demonstrate adequate annual progress toward meeting the                     

27  performance goals and must attain a specific measurable benchmark           

1   by the end of the contract.                                                 

2       (d) An agreement on the contents of the empowerment report to               

3   be filed by the school district at the end of the contract term.            

4   The empowerment report shall summarize the performance goals                

5   achieved during the term of the contract and the programs,                  

6   curriculum, or other innovative approaches used to achieve these            

7   goals.                                                                      

8       (e) The term of the contract, which shall not exceed 5                      

9   years.                                                                      

10      (8) The superintendent of public instruction may terminate an               

11  ed-flex contract before the end of its term if the superintendent           

12  of public instruction determines that the school district or                

13  school has experienced 2 consecutive years of declining pupil               

14  performance, based on the performance goals and measurements set            

15  in the contract.  The superintendent of public instruction is not           

16  required to terminate an ed-flex contract if he or she determines           

17  that the decline is due to exceptional or uncontrollable                    

18  circumstances.                                                              

19      (9) At the conclusion of the term of an ed-flex contract, the               

20  school district shall submit its empowerment report describing              

21  how the school district or school met or did not meet the                   

22  performance goals set forth in the contract.  The superintendent            

23  of public instruction may renew the ed-flex contract if the                 

24  performance goals have been met.                                            

25      (10) The superintendent of public instruction may not waive                 

26  any of the following as part of an ed-flex contract:                        

27      (a) Health and safety requirements.                                         

1       (b) A requirement under part 6a, except waiver of section                   

2   503(6) to the extent necessary to allow waiver of another                   

3   requirement that meets both of the following:                               

4                                                                                (i) Is imposed under a part of this act other than part 6a.                         

5   (ii) Is a requirement that may be waived under this section                  

6   for a school district that is not a public school academy.                  

7       (11) The superintendent of public instruction shall submit an               

8   annual report to the legislature on the status of the educational           

9   flexibility and empowerment program under this section, including           

10  a report on ed-flex contracts issued during the year, and on                

11  progress made toward attainment of performance goals.                       

12      (12) As the initial educational flexibility and empowerment                 

13  contracts issued under this section expire, the department shall            

14  post information on its website on the educational innovations              

15  and best practices used to achieve pupil performance goals under            

16  the contracts.                                                              

17      (13) Except as otherwise provided in subsection (10), any                   

18  provision of this act or the state school aid act of 1979, or of            

19  any rule promulgated under this act or the state school aid act             

20  of 1979, is subject to waiver under an ed-flex contract.                    

21      (14) As used in this section:                                               

22      (a) "Ed-flex contract" means an educational flexibility and                 

23  empowerment contract issued to a school district under this                 

24  section for the school district or for 1 or more schools operated           

25  by the school district.                                                     

26      (b) "Empowerment report" means the final evaluation report                  

27  required to be filed at the end of the term of an ed-flex                   

House Bill No. 4693 (H-1) as amended June 19, 2003

1   contract under subsection (9).                                              

2       (c) "MEAP scores" means the scores achieved by the pupils of                

3   a school district or school, as applicable, on all Michigan                 

4   educational assessment program tests administered to pupils of              

5   the school district or school.                                              

[(d) "School district" means either a school district or a public school academy, and "board" means either a school board or the board of directors of a public school academy.]

6   (15) This section shall be known and may be cited as the                    

7   "educational flexibility and empowerment law".