HB-5582, As Passed House, March 23, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5582
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending section 3 (MCL 388.513), as amended by 1997 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. As used in this act:
2 (a) "Community college" means a community college established
3 under the community college act of 1966, 1966 PA 331, MCL 389.1
4 to 389.195, or under part 25 of the revised school code, 1976 PA
5 451, MCL 380.1601 to 380.1607, or a federal tribally controlled
6 community college located in this state that is recognized under
7 the tribally controlled community college assistance act of 1978,
8 Public Law 95-471 25 USC 1801 to 1852, and is determined by the
9 department to meet the requirements for accreditation by a
10 recognized regional accrediting body.
11 (b) "Department" means the department of education.
1 (c) "Eligible charges" means tuition and mandatory course
2 fees, material fees, and registration fees required by an
3 eligible institution for enrollment in an eligible course.
4 Eligible charges also include any late fees charged by an
5 eligible postsecondary institution due to the school district's
6 failure to make a required payment according to the timetable
7 prescribed under this act. Eligible charges do not include
8 transportation or parking costs or activity fees.
9 (d) "Eligible course" means a course offered by an eligible
10 postsecondary institution that is not offered by the school
11 district in which the eligible student is enrolled, or that is
12 offered by the school district but is determined by the board of
13 the school district to not be available to the eligible student
14 because of a scheduling conflict beyond the eligible student's
15 control; that is an academic course not ordinarily taken as an
16 activity course; that is a course that the postsecondary
17 institution normally applies toward satisfaction of degree
18 requirements; that is not a hobby craft or recreational course;
19 and that is in a subject area other than physical education,
20 theology, divinity, or religious education. However, for an
21 eligible student who has not achieved state endorsement in all
22 subject areas under section 1279 of the revised school code, 1976
23 PA 451, MCL 380.1279, an eligible course is limited to a course
24 in a subject area for which he or she has achieved state
25 endorsement, a course in computer science or foreign language not
26 offered by the school district, or a course in fine arts as
27 permitted by the school district.
1 (e) "Eligible postsecondary institution" means a state
2 university, community college, or independent nonprofit
3 degree-granting college or university that is located in this
4 state and that chooses to comply with this act.
5 (f) "Eligible student" means, except as otherwise provided in
6 this subdivision, a student enrolled in at least 1 high school
7 class in at least grade 11 in a school district in this state,
8 except a foreign exchange pupil enrolled in a school district
9 under a cultural exchange program, who has achieved state
10 endorsement in all subject areas under section 1279 of the
11 revised school code, 1976 PA 451, MCL 380.1279, and who has not
12 been enrolled in high school for more than 4 school years
13 including the school year in which the student seeks to enroll in
14 an eligible course under this act. For the purposes of
15 determining whether a pupil has been enrolled in high school for
16 more than 4 school years, a pupil who is enrolled in high school
17 for less than 90 days of a school year due to illness or other
18 circumstances beyond the control of the pupil or the pupil's
19 parent or guardian is not considered to be enrolled in high
20 school for that school year. However, if the student has not
21 achieved state endorsement in all subject areas under that
22 section, the student is an eligible student only for the limited
23 purpose of enrolling in 1 or more eligible courses under this act
24 in a subject area for which he or she has achieved state
25 endorsement, in computer science or foreign language not offered
26 by the school district, or in fine arts as permitted by the
27 school district.
1 (g) "Intermediate school district" means that term as defined
2 in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
3 (h) "School district" means that term as defined in section 6
4 of the revised school code, 1976 PA 451, MCL 380.6, a local act
5 school district as defined in section 5 of the revised school
6 code, 1976 PA 451, MCL 380.5, or a public school academy
7 organized under part
6a or 6b of the revised school code, 1976
8 PA 451, MCL 380.501
to 380.507 and 380.511 to 380.518 MCL 380.1
9 to 380.1852.
10 (i) "State university" means a state institution of higher
11 education described in section 4, 5, or 6 of article VIII of the
12 state constitution of 1963.