April 2, 2003, Introduced by Senators KUIPERS and CROPSEY and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 31a and 32a (MCL 388.1631a and 388.1632a),
as amended by 2002 PA 521; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 31a. (1) From the state school aid fund money
2 appropriated in section
11, there is allocated for 2001-2002 an
3 amount not to exceed
$314,200,000.00 and there is
allocated each
4 fiscal year for 2002-2003 and for 2003-2004 an amount not to
5 exceed $314,200,000.00 for payments to eligible districts and
6 eligible public school academies under this section. Subject to
7 subsection (11) (6),
the amount of the additional allowance
8 under this section shall be based on the number of actual pupils
9 in membership in the district or public school academy who met
10 the income eligibility criteria for free breakfast, lunch, or
1 milk in the immediately preceding state fiscal year, as
2 determined under the Richard B. Russell national school lunch
3 act, chapter 281, 60 Stat. 230, 42 U.S.C. 1751 to 1753, 1755 to
4 1761, 1762a, 1765 to 1766a, 1769, 1769b to 1769c, and 1769f to
5 1769h, and reported to the department by October 31 of the
6 immediately preceding fiscal year and adjusted not later than
7 December 31 of the immediately preceding fiscal year. However,
8 for a public school academy that began operations as a public
9 school academy after the pupil membership count day of the
10 immediately preceding school year, the basis for the additional
11 allowance under this section shall be the number of actual pupils
12 in membership in the public school academy who met the income
13 eligibility criteria for free breakfast, lunch, or milk in the
14 current state fiscal year, as determined under the Richard
15 B. Russell national school lunch act.
16 (2) To be eligible to receive funding under this section,
17 other than funding under
subsection (6) (5), a district or
18 public school academy that has not been previously determined to
19 be eligible shall apply to the department, in a form and manner
20 prescribed by the
department. , and a A district or public
21 school academy must
meet all of the following: (a) The is
22 eligible to receive funding under this section if the department
23 determines that the sum of the district's or public school
24 academy's combined state and local revenue per membership pupil
25 in the current state fiscal year, as calculated under section 20,
26 plus the amount of the district's per pupil allocation under
27 section 20j(2), is less than or equal to $6,500.00 adjusted by
1 the dollar amount of the difference between the basic foundation
2 allowance under section 20 for the current state fiscal year and
3 $5,000.00, .
However, beginning in 2002-2003, the $6,500.00
4 amount prescribed in
this subdivision shall be adjusted each year
5 by an amount equal to
the dollar amount of the difference between
6 the basic foundation
allowance for the current state fiscal year
7 and $5,000.00, minus $200.00.
8 (b) The district
or public school academy agrees to use the
9 funding only for
purposes allowed under this section and to
10 comply with the
program and accountability requirements under
11 this section.
12 (3) Except as otherwise provided in this subsection, an
13 eligible district or eligible public school academy shall receive
14 under this section for each membership pupil in the district or
15 public school academy who met the income eligibility criteria for
16 free breakfast, lunch, or milk, as determined under the Richard
17 B. Russell national school lunch act and as reported to the
18 department by October 31 of the immediately preceding fiscal year
19 and adjusted not later than December 31 of the immediately
20 preceding fiscal year, an amount per pupil equal to 11.5% of the
21 sum of the district's foundation allowance or public school
22 academy's per pupil amount calculated under section 20, plus the
23 amount of the district's per pupil allocation under section
24 20j(2), not to exceed $6,500.00 adjusted by the dollar amount of
25 the difference between the basic foundation allowance under
26 section 20 for the current state fiscal year and $5,000.00, minus
27 $200.00, or of the public school academy's per membership pupil
1 amount calculated under section 20 for the current state fiscal
2 year. However,
beginning in 2002-2003, the $6,500.00 amount
3 prescribed in this
subsection shall be adjusted each year by an
4 amount equal to the
dollar amount of the difference between the
5 basic foundation
allowance for the current state fiscal year and
6 $5,000.00, minus
$200.00. A public school academy
that began
7 operations as a public school academy after the pupil membership
8 count day of the immediately preceding school year shall receive
9 under this section for each membership pupil in the public school
10 academy who met the income eligibility criteria for free
11 breakfast, lunch, or milk, as determined under the Richard
12 B. Russell national school lunch act and as reported to the
13 department by October 31 of the current fiscal year and adjusted
14 not later than December 31 of the current fiscal year, an amount
15 per pupil equal to 11.5% of the public school academy's per
16 membership pupil amount calculated under section 20 for the
17 current state fiscal year.
18 (4) Except as
otherwise provided in this section subsection
19 (5), a district or public school academy receiving funding under
20 this section shall may
use that money only to provide
21 instructional programs
and direct noninstructional services,
22 including, but not
limited to, medical or counseling services,
23 for at-risk pupils;
for school health clinics; and for the
24 purposes of subsection
(5) or (6), and for any purpose
that is
25 determined locally to benefit its at-risk pupils. However, a
26 district or public school academy shall not use any of that money
27 for administrative costs or to supplant another program or other
1 funds, except for funds allocated to the district or public
2 school academy under this section in the immediately preceding
3 year and already being used by the district or public school
4 academy. for
at-risk pupils. The instruction or direct
5 noninstructional
services provided under this section may be
6 conducted before or
after regular school hours or by adding extra
7 school days to the
school year and may be conducted using a
8 tutorial method, with
paraprofessionals working under the
9 supervision of a
certificated teacher. The ratio of pupils to
10 paraprofessionals
shall be between 10:1 and 15:1. Only 1
11 certificated teacher
is required to supervise instruction using a
12 tutorial method. As used in this subsection, "to supplant
13 another program" means to take the place of a previously existing
14 instructional program or direct noninstructional services funded
15 from a funding source other than funding under this section.
16 (5) A district or
public school academy that receives funds
17 under this section and
that operates a school breakfast program
18 under section 1272a of
the revised school code, MCL 380.1272a,
19 shall use from the
funds received under this section an amount,
20 not to exceed $10.00
per pupil for whom the district or public
21 school academy
receives funds under this section, necessary to
22 operate the school
breakfast program.
23 (5) (6)
From the funds allocated under subsection (1), there
24 is allocated for
2001-2002 an amount not to exceed $2,400,000.00
25 to support teen health
centers. These 2001-2002 funds shall be
26 distributed to
existing teen health centers in a manner
27 determined by the
department in collaboration with the department
1 of community health. From the funds allocated under
2 subsection (1), there is allocated each fiscal year for 2002-2003
3 and for 2003-2004 an amount not to exceed $3,743,000.00 for
4 competitive grants to support teen health centers. These grants
5 for 2002-2003 and 2003-2004 shall be awarded in a form and manner
6 approved jointly by the department and the department of
7 community health. If any funds allocated under this subsection
8 are not used for the purposes of this subsection for the fiscal
9 year in which they are allocated, those unused funds shall be
10 used that fiscal year to avoid or minimize any proration that
11 would otherwise be
required under subsection (11) (6) for that
12 fiscal year.
13 (7) Each district
or public school academy receiving funds
14 under this section
shall submit to the department by July 15 of
15 each fiscal year a
report, not to exceed 10 pages, on the usage
16 by the district or
public school academy of funds under this
17 section, which report
shall include at least a brief description
18 of each program
conducted by the district or public school
19 academy using funds
under this section, the amount of funds under
20 this section allocated
to each of those programs, the number of
21 at-risk pupils
eligible for free or reduced price school lunch
22 who were served by
each of those programs, and the total number
23 of at-risk pupils
served by each of those programs. If a
24 district or public
school academy does not comply with this
25 subsection, the
department shall withhold an amount equal to the
26 August payment due
under this section until the district or
27 public school academy
complies with this subsection. If the
1 district or public
school academy does not comply with this
2 subsection by the end
of the state fiscal year, the withheld
3 funds shall be
forfeited to the school aid fund.
4 (8) In order to
receive funds under this section, a district
5 or public school
academy shall allow access for the department or
6 the department's
designee to audit all records related to the
7 program for which it
receives those funds. The district or
8 public school academy
shall reimburse the state for all
9 disallowances found in
the audit.
10 (9) Subject to
subsections (5) and (6), any district may use
11 up to 100% of the
funds it receives under this section to reduce
12 the ratio of pupils to
teachers in grades K-6, or any combination
13 of those grades, in
school buildings in which the percentage of
14 pupils described in
subsection (1) exceeds the district's
15 aggregate percentage
of those pupils. Subject to subsections (5)
16 and (6), if a district
obtains a waiver from the department, the
17 district may use up to
100% of the funds it receives under this
18 section to reduce the
ratio of pupils to teachers in grades K-6,
19 or any combination of
those grades, in school buildings in which
20 the percentage of
pupils described in subsection (1) is at least
21 60% of the district's
aggregate percentage of those pupils and at
22 least 30% of the total
number of pupils enrolled in the school
23 building. To obtain a
waiver, a district must apply to the
24 department and
demonstrate to the satisfaction of the department
25 that the class size
reductions would be in the best interests of
26 the district's at-risk
pupils.
27 (10) A district or
public school academy may use funds
1 received under this
section for adult high school completion,
2 general education
development (G.E.D.) test preparation, or
3 adult basic education
programs described in section 107.
4 (6) (11) If
necessary, and before any proration required
5 under section 11, the department shall prorate payments under
6 this section by reducing the amount of the per pupil payment
7 under this section by a dollar amount calculated by determining
8 the amount by which the amount necessary to fully fund the
9 requirements of this section exceeds the maximum amount allocated
10 under this section and then dividing that amount by the total
11 statewide number of pupils who met the income eligibility
12 criteria for free breakfast, lunch, or milk in the immediately
13 preceding fiscal year, as described in subsection (1).
14 (7) (12) Funds
allocated under this section that are
15 unexpended and unencumbered at the end of the fiscal year for
16 which they were allocated shall be carried forward and used in
17 subsequent fiscal years to avoid or minimize any proration that
18 would otherwise be
required under subsection (11) (6).
19 (8) (13) If
a district is formed by consolidation after
20 June 1, 1995, and if 1 or more of the original districts was not
21 eligible before the consolidation for an additional allowance
22 under this section, the amount of the additional allowance under
23 this section for the consolidated district shall be based on the
24 number of pupils described in subsection (1) enrolled in the
25 consolidated district who reside in the territory of an original
26 district that was eligible before the consolidation for an
27 additional allowance under this section.
1 (9) (14) A
district or public school academy that does not
2 meet the eligibility
requirement under subsection (2)(a) (2) is
3 eligible for funding under this section if at least 1/4 of the
4 pupils in membership in the district or public school academy met
5 the income eligibility criteria for free breakfast, lunch, or
6 milk in the immediately preceding state fiscal year, as
7 determined and reported as described in subsection (1), and at
8 least 4,500 of the pupils in membership in the district or public
9 school academy met the income eligibility criteria for free
10 breakfast, lunch, or milk in the immediately preceding state
11 fiscal year, as determined and reported as described in
12 subsection (1). A district or public school academy that is
13 eligible for funding under this section because the district
14 meets the requirements of this subsection shall receive under
15 this section for each membership pupil in the district or public
16 school academy who met the income eligibility criteria for free
17 breakfast, lunch, or milk in the immediately preceding fiscal
18 year, as determined and reported as described in subsection (1),
19 an amount per pupil equal to 5.75% for 2001-2002 and 11.5% for
20 2002-2003 and subsequent fiscal years of the sum of the
21 district's foundation allowance or public school academy's per
22 pupil allocation under section 20, plus the amount of the
23 district's per pupil allocation under section 20j(2), not to
24 exceed $6,500.00 adjusted by the dollar amount of the difference
25 between the basic foundation allowance under section 20 for the
26 current state fiscal year
and $5,000.00, . However, beginning
27 in 2002-2003, the
$6,500.00 amount prescribed in this subsection
1 shall be adjusted each
year by an amount equal to the dollar
2 amount of the
difference between the basic foundation allowance
3 for the current state
fiscal year and $5,000.00, minus
$200.00.
4 (10) (15) As
used in this section, "at-risk pupil" means a
5 pupil for whom the district has documentation that the pupil
6 meets at least 2 of the following criteria: is a victim of child
7 abuse or neglect; is below grade level in English language and
8 communication skills or mathematics; is a pregnant teenager or
9 teenage parent; is eligible for a federal free or reduced-price
10 lunch subsidy; has atypical behavior or attendance patterns; or
11 has a family history of school failure, incarceration, or
12 substance abuse. For pupils for whom the results of at least the
13 applicable Michigan education assessment program (MEAP) test have
14 been received, at-risk pupil also includes a pupil who does not
15 meet the other criteria under this subsection but who did not
16 achieve at least a score of moderate on the most recent MEAP
17 reading test for which results for the pupil have been received,
18 did not achieve at least a score of moderate on the most recent
19 MEAP mathematics test for which results for the pupil have been
20 received, or did not achieve at least a score of novice on the
21 most recent MEAP science test for which results for the pupil
22 have been received. For pupils in grades K-3, at-risk pupil also
23 includes a pupil who is at risk of not meeting the district's
24 core academic curricular objectives in English language,
25 communication skills, or mathematics.
26 Sec. 32a. (1) From
the state school aid fund appropriation
27 in section 11, there
is allocated an amount not to exceed
1 $189,250,000.00 for
2001-2002 and an amount not to exceed
2 $72,600,000.00 each
fiscal year for 2002-2003 and for 2003-2004
3 to fund the all
students achieve program (ASAP) as provided under
4 sections 32b to 32h.
In addition, from the general fund
5 appropriations in
section 11, there is allocated an amount not to
6 exceed $2,200,100.00
for 2001-2002 and an amount not to exceed
7 $2,200,000.00 each
fiscal year for 2002-2003 and for 2003-2004
8 for the purposes of
sections 32b to 32f. The programs funded
9 through this section
are From the state school aid
fund
10 appropriation in section 11, there is allocated an amount not to
11 exceed $72,600,000.00 for 2003-2004 to fund early education
12 grants under this section. In addition, from the general fund
13 appropriation in section 11, there is allocated an amount not to
14 exceed $2,200,000.00 for 2003-2004 to fund early education grants
15 under this subsection. An early childhood education grant shall
16 be made under this section to each district or intermediate
17 district that received a grant for 2002-2003 under former
18 sections 32b to 32f. The amount of the grant to each district or
19 intermediate district shall be an amount equal to the amount it
20 received for 2002-2003 under sections 32b to 32f. A recipient of
21 an early childhood education grant under this section shall
22 determine locally how best to use these grant funds for the
23 purposes of improving parenting skills, improving school
24 readiness, reducing the number of pupils retained in grade, and
25 reducing the number of pupils requiring special education
26 services. A grant recipient shall use the funds received under
27 this section exclusively for programs intended to achieve 1 or
1 more of these purposes.
2 (2) Each grant
recipient approved by the department shall
3 implement department-approved data collection methods and
4 evaluation or assessment tools to measure the impact of the
5 proposed program programs funded under this section.
6 (3) A district or intermediate district shall not use funds
7 received under sections
32b to 32f this section to supplant any
8 local or federal funds it currently receives. A district or
9 intermediate district may use these funds in combination with
10 other federal, local, public, or private funds to enhance
11 existing programs with similar purposes.
12 Enacting section 1. Sections 32b, 32c, 32d, 32e, 32f, 32i,
13 37, 38, and 39 of the state school aid act of 1979, 1979 PA 94,
14 MCL 388.1632b, 388.1632c, 388.1632d, 388.1632e, 388.1632f,
15 388.1632i, 388.1637, 388.1638, and 388.1639, are repealed.
16 Enacting section 2. This amendatory act takes effect
17 October 1, 2003.