March 2, 2004, Introduced by Senator SWITALSKI and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 3, 4, 6, 11, 11b, 11f, 11g, 11j, 13, 15, 18, 18a,
19, 20, 20j, 21b, 22a, 22b, 24, 26, 26a, 31a, 31d, 32c, 32d, 32f, 32j,
39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98,
98b, 99, 101, 104a, 107, 147, 152, 158b and 163 (MCL 388.1603,
388.1604, 388.1606, 388.1611, 388.1611b, 388.1611f, 388.1611g,
388.1611j, 388.1613, 388.1615, 388.1618, 388.1618a, 388.1619, 388.1620,
388.1620j, 388.1621b, 388.1622a, 388.1622b, 388.1624, 388.1626,
388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1632f,
388.1632j, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c,
388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a,
388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1699,
388.1701, 388.1704a, 388.1707, 388.1747, 388.1752, 388.1758b and
388.1763), sections 11 and 26a as amended by 2003 PA 236, sections 11b,
32j, 41a, and 98b as added and sections 3, 6, 11f, 11g, 11j, 18, 19,
20, 22a, 22b, 24, 31a, 31d, 32c, 32d, 39a, 41, 51a, 51c, 51d, 53a, 54,
56, 57, 61a, 62, 74, 81, 94a, 98, 99, 101, 104a, 107, and 147 as
amended by 2003 PA 158, and section 32f as amended by 2002 PA 521, and
section 20j as amended by 2001 PA 121, and sections 21b, 152 and 163 as
amended by 2000 PA 297, and section 13 as amended by 1999 PA 119; and
section 26 as amended by 1997 PA 93, and sections 15 and 18a as amended
by 1996 PA 300, and section 4 as amended by 1995 PA 130, and section
158b as added by 1994 PA 283, and by adding sections 20l, 32, 61b and
107b; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) "Average daily attendance", for the purposes of
2 complying with federal law, means 92% of the membership as defined in
3 section 6(4).
4 (2) "Board" means the governing body of a district or public
5 school academy.
6 (3) "Center" means the center for educational performance and
7 information created in section 94a.
8 (4) "Cooperative education program" means a written voluntary
9 agreement between and among districts to provide certain educational
10 programs for pupils in certain groups of districts. The written
11 agreement shall be approved by all affected districts at least annually
1 and shall specify the educational programs to be provided and the
2 estimated number of pupils from each district who will participate in
3 the educational programs.
4 (5)
"Department", except in sections 67, 68, 107 and 107b 108,
5 means the department of education.
6 (6) "District" means a local school district established under the
7 revised school code, a local act school district, or, except in sections
8 6(4), 6(6), 13, 20, 22a,
23, 31a, 32f, 105, and 105c, a public school
9 academy. Except in sections 6(4), 6(6), 13, 20, 22a, 105, and 105c,
10 district also includes a university school.
11 (7) "District of residence", except as otherwise provided in this
12 subsection, means the district in which a pupil's custodial parent or
13 parents or legal guardian resides. For a pupil described in section
14 24b, the pupil's district of residence is the district in which the
15 pupil enrolls under that section. For a pupil described in section
16 6(4)(d), the pupil's district of residence shall be considered to be the
17 district or intermediate district in which the pupil is counted in
18 membership under that section. For a pupil under court jurisdiction who
19 is placed outside the district in which the pupil's custodial parent or
20 parents or legal guardian resides, the pupil's district of residence
21 shall be considered to be the educating district or educating
22 intermediate district.
23 (8) "District superintendent" means the superintendent of a
24 district, the chief administrator of a public school academy, or the
25 chief administrator of a university school.
26 Sec. 4. (1) "Elementary pupil" means a pupil in membership in
27 grades K to 8 in a district not maintaining classes above the eighth
1 grade or in grades K to 6 in a district maintaining classes above the
2 eighth grade.
3 (2) "Extended school year" means an educational program conducted
4 by a district in which pupils must be enrolled but not necessarily in
5 attendance on the pupil membership count day in an extended year
6 program. The mandatory days of student instruction and prescribed clock
7 hours shall be completed
by each pupil not more than 365 calendar days
8 after the pupil's first day of classes for the school year prescribed.
9 The department shall prescribe pupil, personnel, and other reporting
10 requirements for the educational program.
11 (3) "Fiscal year" means the state fiscal year which commences
12 October 1 and continues through September 30.
13 (4) "General educational development testing preparation program"
14 means a program that has
high school level courses in writing skills,
15 English language arts,
social studies, science, reading skills, and
16 mathematics and that prepares a person to successfully complete the
17 general educational development (GED) test.
18 (5) "High school pupil" means a pupil in membership in grades 7 to
19 12, except in a district not maintaining grades above the eighth grade.
20 Sec. 6. (1) "Center program" means a program operated by a
21 district or intermediate district for special education pupils from
22 several districts in programs for the autistically impaired, trainable
23 mentally impaired, severely mentally impaired, severely multiply
24 impaired, hearing impaired, physically and otherwise health impaired,
25 and visually impaired. Programs for emotionally impaired pupils housed
26 in buildings that do not serve regular education pupils also qualify.
27 Unless otherwise approved by the department, a center program either
1 shall serve all constituent districts within an intermediate district or
2 shall serve several districts with less than 50% of the pupils residing
3 in the operating district. In addition, special education center
4 program pupils placed part-time in noncenter programs to comply with the
5 least restrictive environment provisions of section 612 of part B of the
6 individuals with disabilities education act, title VI of Public Law 91-
7 230, 20 U.S.C. 1412, may be considered center program pupils for pupil
8 accounting purposes for the time scheduled in either a center program or
9 A noncenter program.
10 (2) "District and high school graduation rate" means the annual
11 completion and pupil dropout rate that is calculated by the center
12 pursuant to nationally recognized standards.
13 (3) "District and high school graduation report" means a report of
14 the number of pupils, excluding migrant and adult, in the district for
15 the immediately preceding school year, adjusted for those pupils who
16 have transferred into or out of the district or transferred to
17 alternative programs, who leave high school with a diploma or other
18 credential of equal status.
19 (4) "Membership", except as otherwise provided in this act, means
20 for a district, public school academy, university school, or
21 intermediate district the
sum of the product of .8 .5 times the number
22 of full-time equated pupils in grades K to 12 actually enrolled and in
23 regular daily attendance on the pupil membership count day for the
24 current school year, plus
the product of .2 .5 times the final audited
25 count from the supplemental count day for the immediately preceding
26 school year. All pupil counts used in this subsection are as
27 determined by the department and calculated by adding the number of
1 pupils registered for attendance plus pupils received by transfer
2 and minus pupils lost as defined by rules promulgated by
3 the superintendent, and as corrected by a subsequent department
4 audit. The amount of the foundation allowance for a pupil in
5 membership is determined under section 20. In making the calculation of
6 membership, all of the following, as applicable, apply to determining
7 the membership of a district, public school academy, university school,
8 or intermediate district:
9 (a) Except as otherwise provided in this subsection, and pursuant
10 to subsection (6), a pupil shall be counted in membership in the pupil's
11 educating district or districts. An individual pupil shall not be
12 counted for more than a total of 1.0 full-time equated membership.
13 (b) If a pupil is educated in a district other than the pupil's
14 district of residence, if the pupil is not being educated as part of a
15 cooperative education program, if the pupil's district of residence does
16 not give the educating district its approval to count the pupil in
17 membership in the educating district, and if the pupil is not covered by
18 an exception specified in subsection (6) to the requirement that the
19 educating district must have the approval of the pupil's district of
20 residence to count the pupil in membership, the pupil shall not be
21 counted in membership in any district.
22 (c) A special education pupil educated by the intermediate
23 district shall be counted in membership in the intermediate district.
24 (d) A pupil placed by a court or state agency in an on-grounds
25 program of a juvenile detention facility, a child caring institution, or
26 A mental health institution, or a pupil funded under section 53a, shall
27 be counted in membership in the district or intermediate district
1 approved by the department to operate the program.
2 (e) A pupil enrolled in the Michigan schools for the deaf and
3 blind shall be counted in membership in the pupil's intermediate
4 district of residence.
5 (f) A pupil enrolled in a vocational education program supported
6 by a millage levied over an area larger than a single district or in an
7 area vocational-technical education program established pursuant to
8 section 690 of the revised school code, MCL 380.690, shall be counted
9 only in the pupil's district of residence.
10 (g) A pupil enrolled in a university school shall be counted in
11 membership in the university school.
12 (h) A pupil enrolled in a public school academy shall be counted
13 in membership in the public school academy.
14 (i) For a new district, university school, or public school
15 academy beginning its operation after December 31, 1994, membership for
16 the first 2 full or partial fiscal years of operation shall be
17 determined as follows:
18 (i) If operations begin before the pupil membership count day for
19 the fiscal year, membership is the average number of full-time equated
20 pupils in grades K to 12 actually enrolled and in regular daily
21 attendance on the pupil membership count day for the current school year
22 and on the supplemental count day for the current school year, as
23 determined by the department and calculated by adding the number of
24 pupils registered for attendance on the pupil membership count day plus
25 pupils received by transfer and minus pupils lost as defined by rules
26 promulgated by the superintendent, and as corrected by a subsequent
27 department audit, plus the final audited count from the supplemental
1 count day for the current school year, and dividing that sum by 2.
2 (ii) If operations begin after the pupil membership count day for
3 the fiscal year and not later than the supplemental count day for the
4 fiscal year, membership is the final audited count of the number of
5 full-time equated pupils in grades K to 12 actually enrolled and in
6 regular daily attendance on the supplemental count day for the current
7 school year.
8 (j) If a district is the authorizing body for a public school
9 academy, then, in the first school year in which pupils are counted in
10 membership on the pupil membership count day in the public school
11 academy, the determination of the district's membership shall exclude
12 from the district's pupil count for the immediately preceding
13 supplemental count day any pupils who are counted in the public school
14 academy on that first pupil membership count day who were also counted
15 in the district on the immediately preceding supplemental count day.
16 (k) In a district, public school academy, university school, or
17 intermediate district operating an extended school year program approved
18 by the superintendent, a pupil enrolled, but not scheduled to be in
19 regular daily attendance on a pupil membership count day, shall be
20 counted.
21 (l) Pupils to be counted in membership shall be not less than 5
22 years of age on December 1 and less than 20 years of age on September 1
23 of the school year except a special education pupil who is enrolled and
24 receiving instruction in a special education program or service approved
25 by the department and not having a high school diploma who is less than
26 26 years of age as of September 1 of the current school year shall be
27 counted in membership.
1 (m) An individual who has obtained a high school diploma shall not
2 be counted in membership. An individual who has obtained a general
3 education development (G.E.D.) certificate shall not be counted in
4 membership. An individual participating in a job training program
5 funded under former section 107a or a jobs program funded under former
6 section 107b, administered by the Michigan strategic fund or the
7 department of career
development labor and economic growth, or
8 participating in any successor of either of those 2 programs, shall not
9 be counted in membership.
10 (n) If a pupil counted in membership in a public school academy is
11 also educated by a district or intermediate district as part of a
12 cooperative education program, the pupil shall be counted in membership
13 only in the public school academy, unless a written agreement signed by
14 all parties designates which parties shall count the pupil in
15 membership, and the instructional time scheduled for the pupil in the
16 district or intermediate district shall be included in the full-time
17 equated membership determination under subdivision (q). However, for
18 pupils receiving instruction in both a public school academy and in a
19 district or intermediate district but not as a part of a cooperative
20 education program, the following apply:
21 (i) If the public school academy provides instruction for at least
22 1/2 of the class hours specified in subdivision (q), the public school
23 academy shall receive as its prorated share of the full-time equated
24 membership for each of those pupils an amount equal to 1 times the
25 product of the hours of instruction the public school academy provides
26 divided by the number of hours specified in subdivision (q) for full-
27 time equivalency, and the remainder of the full-time membership for each
1 of those pupils shall be allocated to the district or intermediate
2 district providing the remainder of the hours of instruction.
3 (ii) If the public school academy provides instruction for less
4 than 1/2 of the class hours specified in subdivision (q), the district
5 or intermediate district providing the remainder of the hours of
6 instruction shall receive as its prorated share of the full-time equated
7 membership for each of those pupils an amount equal to 1 times the
8 product of the hours of instruction the district or intermediate
9 district provides divided by the number of hours specified in
10 subdivision (q) for full-time equivalency, and the remainder of the
11 full-time membership for each of those pupils shall be allocated to the
12 public school academy.
13 (o) An individual less than 16 years of age as of September 1 of
14 the current school year who is being educated in an alternative
15 education program shall not be counted in membership if there are also
16 adult education participants being educated in the same program or
17 classroom.
18 (p) The department shall give a uniform interpretation of full-
19 time and part-time memberships.
20 (q) The number of class hours used to calculate full-time equated
21 memberships shall be consistent with section 101(3). In determining
22 full-time equated memberships for pupils who are enrolled in a
23 postsecondary institution, a pupil shall not be considered to be less
24 than a full-time equated pupil solely because of the effect of his or
25 her postsecondary enrollment, including necessary travel time, on the
26 number of class hours provided by the district to the pupil.
27 (r) Full-time equated memberships for pupils in kindergarten shall
1 be determined by dividing the number of class hours scheduled and
2 provided per year per kindergarten pupil by a number equal to 1/2 the
3 number used for determining full-time equated memberships for pupils in
4 grades 1 to 12.
5 (s) For a district, university school, or public school academy
6 that has pupils enrolled in a grade level that was not offered by the
7 district, university school, or public school academy in the immediately
8 preceding school year, the number of pupils enrolled in that grade level
9 to be counted in membership is the average of the number of those pupils
10 enrolled and in regular daily attendance on the pupil membership count
11 day and the supplemental count day of the current school year, as
12 determined by the department. Membership shall be calculated by adding
13 the number of pupils registered for attendance in that grade level on
14 the pupil membership count day plus pupils received by transfer and
15 minus pupils lost as defined by rules promulgated by the superintendent,
16 and as corrected by subsequent department audit, plus the final audited
17 count from the supplemental count day for the current school year, and
18 dividing that sum by 2.
19 (t) A pupil enrolled in a cooperative education program may be
20 counted in membership in the pupil's district of residence with the
21 written approval of all parties to the cooperative agreement.
22 (u) If, as a result of a disciplinary action, a district
23 determines through the district's alternative or disciplinary education
24 program that the best instructional placement for a pupil is in the
25 pupil's home, if that placement is authorized in writing by the district
26 superintendent and district alternative or disciplinary education
27 supervisor, and if the district provides appropriate instruction as
1 described in this subdivision to the pupil at the pupil's home, the
2 district may count the pupil in membership on a pro rata basis, with the
3 proration based on the number of hours of instruction the district
4 actually provides to the pupil divided by the number of hours specified
5 in subdivision (q) for full-time equivalency. For the purposes of this
6 subdivision, a district shall be considered to be providing appropriate
7 instruction if all of the following are met:
8 (i) The district provides at least 2 nonconsecutive hours of
9 instruction per week to the pupil at the pupil's home under the
10 supervision of a certificated teacher.
11 (ii) The district provides instructional materials, resources, and
12 supplies, except computers, that are comparable to those otherwise
13 provided in the district's alternative education program.
14 (iii) Course content is comparable to that in the district's
15 alternative education program.
16 (iv) Credit earned is awarded to the pupil and placed on the
17 pupil's transcript.
18 (v) A pupil enrolled in an alternative or disciplinary education
19 program described in section 25 shall be counted in membership in the
20 district or public school academy that expelled the pupil.
21 (w) If a pupil was enrolled in a public school academy on the
22 pupil membership count day, if the public school academy's contract with
23 its authorizing body is revoked or the public school academy otherwise
24 ceases to operate, and if the pupil enrolls in a district within 45 days
25 after the pupil membership count day, the department shall adjust the
26 district's pupil count for the pupil membership count day to include the
27 pupil in the count.
1 (x) For a public school academy that has been in operation for at
2 least 2 years and that suspended operations for at least 1 semester and
3 is resuming operations,
membership is the sum of the product of .8 .5
4 times the number of full-time equated pupils in grades K to 12 actually
5 enrolled and in regular daily attendance on the first pupil membership
6 count day or supplemental count day, whichever is first, occurring after
7 operations resume, plus
the product of .2 .5 times the final audited
8 count from the most recent pupil membership count day or supplemental
9 count day that occurred before suspending operations, as determined by
10 the superintendent.
11 (y) If a
district's membership for a particular fiscal year, as
12 otherwise calculated
under this subsection, would be less than 1,550
13 pupils and the
district has 4.5 or fewer pupils per square mile, as
14 determined by the
department, the district's membership shall be
15 considered to be the
membership figure calculated under this
16 subdivision. If a
district educates and counts in its membership pupils
17 in grades 9 to 12 who
reside in a contiguous district that does not
18 operate grades 9 to 12
and if 1 or both of the affected districts
19 request the department
to use the determination allowed under this
20 sentence, the
department shall include the square mileage of both
21 districts in
determining the number of pupils per square mile for each
22 of the districts for
the purposes of this subdivision. The membership
23 figure calculated
under this subdivision is the greater of the
24 following:
25 (i) The average of
the district's membership for the 3-fiscal-year
26 period ending with
that fiscal year, calculated by adding the district's
27 actual membership for
each of those 3 fiscal years, as otherwise
1 calculated under this
subsection, and dividing the sum of those 3
2 membership figures by
3.
3 (ii) The
district's actual membership for that fiscal year as
4 otherwise calculated
under this subsection.
5 (y) (z)
If a public school academy that is not in its first or
6 second year of operation closes at the end of a school year and does not
7 reopen for the next school year, the department shall adjust the
8 membership count of the district in which a former pupil of the public
9 school academy enrolls and is in regular daily attendance for the next
10 school year to ensure that the district receives the same amount of
11 membership aid for the pupil as if the pupil were counted in the
12 district on the supplemental count day of the preceding school year.
13 (5) "Public school academy" means a public school academy, urban
14 high school academy or strict discipline academy operating under the
15 revised school code.
16 (6) "Pupil" means a person in membership in a public school. A
17 district must have the approval of the pupil's district of residence to
18 count the pupil in membership, except approval by the pupil's district
19 of residence shall not be required for any of the following:
20 (a) A nonpublic part-time pupil enrolled in grades 1 to 12 in
21 accordance with section 166b.
22 (b) A pupil receiving 1/2 or less of his or her instruction in a
23 district other than the pupil's district of residence.
24 (c) A pupil enrolled in a public school academy or university
25 school.
26 (d) A pupil enrolled in a district other than the pupil's district
27 of residence under an intermediate district schools of choice pilot
1 program as described in section 91a or former section 91 if the
2 intermediate district and its constituent districts have been exempted
3 from section 105.
4 (e) A pupil enrolled in a district other than the pupil's district
5 of residence but
within the same intermediate district if the educating
6 district enrolls
nonresident pupils if the pupil
was enrolled in
7 accordance with section 105 or section 105c.
8 (f) A pupil
enrolled in a district other than the pupil's district
9 of residence if the pupil
has been continuously enrolled in the
10 educating district
since a school year in which the pupil enrolled in
11 the educating district
under section 105 or 105c and in which the
12 educating district
enrolled nonresident pupils in accordance with
13 section 105 or 105c.
14 (f) (g)
A pupil who has made an official written complaint or
15 whose parent or legal guardian has made an official written complaint to
16 law enforcement officials and to school officials of the pupil's
17 district of residence that the pupil has been the victim of a criminal
18 sexual assault or other serious assault, if the official complaint
19 either indicates that the assault occurred at school or that the assault
20 was committed by 1 or more other pupils enrolled in the school the pupil
21 would otherwise attend in the district of residence or by an employee of
22 the district of residence. A person who intentionally makes a false
23 report of a crime to law enforcement officials for the purposes of this
24 subdivision is subject to section 411a of the Michigan penal code, 1931
25 PA 328, MCL 750.411a, which provides criminal penalties for that
26 conduct. As used in this subdivision:
27 (i) "At school" means in a classroom, elsewhere on school
1 premises, on a school bus or other school-related vehicle, or at a
2 school-sponsored activity or event whether or not it is held on school
3 premises.
4 (ii) "Serious assault" means an act that constitutes a felony
5 violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL
6 750.81 to 750.90g, or that constitutes an assault and infliction of
7 serious or aggravated injury under section 81a of the Michigan penal
8 code, 1931 PA 328, MCL 750.81a.
9 (h) A pupil
enrolled in a district located in a contiguous
10 intermediate district,
as described in section 105c, if the educating
11 district enrolls those
nonresident pupils in accordance with section
12 105c.
13 (g) (i)
A pupil whose district of residence changed after the
14 pupil membership count day and before the supplemental count day and who
15 continues to be enrolled on the supplemental count day as a nonresident
16 in the district in which he or she was enrolled as a resident on the
17 pupil membership count day of the same school year.
18 (h) (j)
A pupil enrolled in an alternative education program
19 operated by a district other than his or her district of residence who
20 meets 1 or more of the following:
21 (i) The pupil has been suspended or expelled from his or her
22 district of residence for any reason, including, but not limited to, a
23 suspension or expulsion under section 1310, 1311, or 1311a of the
24 revised school code, MCL 380.1310, 380.1311, and 380.1311a.
25 (ii) The pupil had previously dropped out of school.
26 (iii) The pupil is pregnant or is a parent.
27 (iv) The pupil has been referred to the program by a court.
1 (i) (k) A
pupil enrolled in the Michigan virtual high school, for
2 the pupil's enrollment in the Michigan virtual high school.
3 However, if a district that is not a first class district educates
4 pupils who reside in a first class district and if the primary
5 instructional site for those pupils is located within the boundaries of
6 the first class district, the educating district must have the approval
7 of the first class district to count those pupils in membership. As
8 used in this subsection, "first class district" means a district
9 organized as a school district of the first class under the revised
10 school code.
11 (7) "Pupil membership count day" of a district or intermediate
12 district means:
13 (a) Except as provided in subdivision (b), the fourth Wednesday in
14 September each school year.
15 (b) For a district or intermediate district maintaining school
16 during the entire school year, the following days:
17 (i) Fourth Wednesday in July.
18 (ii) Fourth Wednesday in September.
19 (iii) Second Wednesday in February.
20 (iv) Fourth Wednesday in April.
21 (8) "Pupils in grades K to 12 actually enrolled and in regular
22 daily attendance" means pupils in grades K to 12 in attendance and
23 receiving instruction in all classes for which they are enrolled on the
24 pupil membership count day or the supplemental count day, as applicable.
25 A pupil who is absent from any of the classes in which the pupil is
26 enrolled on the pupil membership count day or supplemental count day and
27 who does not attend each of those classes during the 10 consecutive
1 school days immediately following the pupil membership count day or
2 supplemental count day, except for a pupil who has been excused by the
3 district, shall not be counted as 1.0 full-time equated membership. In
4 addition, a pupil who is excused from attendance on the pupil membership
5 count day or supplemental count day and who fails to attend each of the
6 classes in which the pupil is enrolled within 30 calendar days after the
7 pupil membership count day or supplemental count day shall not be
8 counted as 1.0 full-time equated membership. Pupils not counted as 1.0
9 full-time equated membership due to an absence from a class shall be
10 counted as a prorated membership for the classes the pupil attended.
11 For purposes of this subsection, "class" means a period of time in 1 day
12 when pupils and a certificated teacher or legally qualified substitute
13 teacher are together and instruction is taking place.
14 (9) "Rule" means a rule promulgated pursuant to the administrative
15 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
16 (10) "The revised school code" means 1976 PA 451, MCL 380.1 to
17 380.1852.
18 (11) "School fiscal year" means a fiscal year that commences July
19 1 and continues through June 30.
20 (12) "State board" means the state board of education.
21 (13) "Superintendent", unless the context clearly refers to a
22 district or intermediate district superintendent, means the
23 superintendent of public instruction described in section 3 of article
24 VIII of the state constitution of 1963.
25 (14) "Supplemental count day" means the day on which the
26 supplemental pupil count is conducted under section 6a.
27 (15) "Tuition pupil" means a pupil of school age attending school
1 in a district other than the pupil's district of residence for whom
2 tuition may be charged. Tuition pupil does not include a pupil who is a
3 special education pupil
or a pupil described in subsection (6)(d) to (k)
4 (i). A pupil's district of residence shall not require a high school
5 tuition pupil, as provided under section 111, to attend another school
6 district after the pupil has been assigned to a school district.
7 (16) "State school aid fund" means the state school aid fund
8 established in section 11 of article IX of the state constitution of
9 1963.
10 (17) "Taxable value" means the taxable value of property as
11 determined under section 27a of the general property tax act, 1893 PA
12 206, MCL 211.27a.
13 (18) "Textbook" means a book that is selected and approved by the
14 governing board of a district and that contains a presentation of
15 principles of a subject, or that is a literary work relevant to the
16 study of a subject required for the use of classroom pupils, or another
17 type of course material that forms the basis of classroom instruction.
18 (19) "Total state aid" or "total state school aid" means the total
19 combined amount of all funds due to a district, intermediate district,
20 or other entity under all of the provisions of this act.
21 (20) "University school" means an instructional program operated
22 by a public university under section 23 that meets the requirements of
23 section 23.
24 Sec. 11. (1) For the
fiscal year ending September 30, 2004, there
25 is appropriated for
the public schools of this state and certain other
26 state purposes
relating to education the sum of $10,962,387,100.00 from
27 the state school aid
fund established by section 11 of article IX of the
1 state constitution of
1963 and the sum of $327,700,000.00 from the
2 general fund. 2005, there is appropriated for the public schools
of this
3 state and certain other state purposes relating to education the sum of
4 $11,033,722,200.00 from the state school aid fund established by section
5 11 of article IX of the state constitution of 1963 and the sum of
6 $131,800,000.00 from the general fund. For the fiscal year ending
7 September 30, 2003, from loan repayments deposited to the general fund
8 pursuant to section 4
of 1961 PA 112, MCL 388.984, on the settlement
9 date, as determined
under section 9c of 1961 PA 108, MCL 388.959c, there
10 is appropriated from
the general fund to the state school aid fund the
11 amount determined by
the state treasurer to equal the difference between
12 the outstanding amount
of general obligation debt incurred pursuant to
13 1961 PA 112, MCL
388.981 to 388.985, and the outstanding amount of loans
14 under 1961 PA 108, MCL
388.951 to 388.963, as reduced in accordance with
15 section 9c(1) of 1961
PA 108, MCL 388.959c. In addition, for the fiscal
16 year ending September 30, 2003, there is appropriated from the general
17 fund to the state
school aid fund an amount equal to the amount of all
18 school bond loan fund
repayments received by the state treasurer from
19 June 1, 2003 through December 21, 2003, determined by the state
20 treasurer not to have
been paid from proceeds of bonds of the school
21 district and
representing the difference between the outstanding amount
22 of general obligation
debt incurred by this state under 1961 PA 112, MCL
23 388.981 to 388.985,
and the outstanding amount of loans under 1961 PA
24 108, MCL 388.951 to
388.963, at the time of repayment. Funds
25 appropriated to the
state school aid fund from the general fund from
26 loan repayments
received as described in this subsection shall be
27 expended within 90
days of deposit within the state school aid fund. In
1 addition, available
federal funds are appropriated for each of those the
2 fiscal years. year
ending September 30, 2005.
3 (2) The appropriations under this section shall be allocated as
4 provided in this act. Money appropriated under this section from the
5 general fund shall be expended to fund the purposes of this act before
6 the expenditure of money appropriated under this section from the state
7 school aid fund. If the maximum
8 amount appropriated under this section from the state school aid fund
9 for a fiscal year exceeds the amount necessary to fully fund allocations
10 under this act from the state school aid fund, that excess amount shall
11 not be expended in that state fiscal year and shall not lapse to the
12 general fund, but instead shall be deposited into the school aid
13 stabilization fund created in section 11a.
14 (3) If the maximum amount appropriated under this section from the
15 state school aid fund and the school aid stabilization fund for a fiscal
16 year exceeds the amount available for expenditure from the state school
17 aid fund for that fiscal
18 year, payments under sections 11f, 11g, 11j, 22a, 26a, 31d, 51a(2),
19 51a(12),and 51c, and 53a shall be made in full. In
addition, for
20 districts beginning operations after 1994-95 that qualify for payments
21 under section 22b, payments under section 22b shall be made so that the
22 qualifying districts receive the lesser of an amount equal to the 1994-
23 95 foundation allowance of the district in which the district beginning
24 operations after 1994-95 is located or $5,500.00. The amount of the
25 payment to be made under section 22b for these qualifying districts
26 shall be as calculated under section 22a, with the balance of the
27 payment under section 22b being subject to the proration otherwise
1 provided under this
subsection and subsection (4). For any If proration
2 is necessary after
2002-2003, state payments under each of the other
3 sections of this act from all state funding sources shall be prorated in
4 the manner prescribed in subsection (4) as necessary to reflect the
5 amount available for expenditure from the state school aid fund for the
6 affected fiscal year. However, if the department of treasury determines
7 that proration will be required under this subsection, the department of
8 treasury shall notify the state budget director, and the state budget
9 director shall notify the legislature at least 30 calendar days or 6
10 legislative session days, whichever is more, before the department
11 reduces any payments under this act because of the proration. During the
12 30 calendar day or 6 legislative session day period after that
13 notification by the state budget director, the department shall not
14 reduce any payments under this act because of proration under this
15 subsection. The legislature may prevent proration from occurring by,
16 within the 30 calendar day or 6 legislative session day period after
17 that notification by the state budget director, enacting legislation
18 appropriating additional funds from the general fund, countercyclical
19 budget and economic stabilization fund, state school aid fund balance,
20 or another source to fund the amount of the projected shortfall.
21 (4) For any If
proration is necessary after 2002-2003, the
22 department shall calculate the proration in district and intermediate
23 district payments that is required under subsection (3) as follows:
24 (a) The department shall calculate the percentage of total state
25 school aid allocated under this act for the affected fiscal year for
26 each of the following:
27 (i) Districts.
1 (ii) Intermediate districts.
2 (iii) Entities other than districts or intermediate districts.
3 (b) The department shall recover a percentage of the proration
4 amount required under subsection (3) that is equal to the percentage
5 calculated under subdivision (a)(i) for districts by reducing payments
6 to districts. This reduction shall be made by calculating an equal
7 dollar amount per pupil as necessary to recover this percentage of the
8 proration amount and reducing each district's total state school aid
9 from state sources, other than payments under sections 11f, 11g, 11j,
10 22a, 26a, 31d,
51a(2), 51a(12), 51c, and 53a, and 56, by that amount.
11 (c) The department shall recover a percentage of the proration
12 amount required under subsection (3) that is equal to the percentage
13 calculated under subdivision (a)(ii) for intermediate districts by
14 reducing payments to intermediate districts. This reduction shall be
15 made by reducing the payments to each intermediate district, other than
16 payments under sections
11f, 11g, 22a, 31d, 26a, 51a(2), 51a(12), 51c,
17 and 53a, and 56,
on an equal percentage basis.
18 (d) The department shall recover a percentage of the proration
19 amount required under subsection (3) that is equal to the percentage
20 calculated under subdivision (a)(iii) for entities other than districts
21 and intermediate districts by reducing payments to these entities. This
22 reduction shall be made by reducing the payments to each of these
23 entities on an equal percentage basis.
24 (5) Except for the allocation under section 26a, any general fund
25 allocations under this act that are not expended by the end of the state
26 fiscal year are transferred to the state school aid fund.
27 Sec. 11b. From the general fund money appropriated in section 11,
1 there is allocated for 2003-2004
2004-2005 the sum of $22,000,000.00
2 $5,000,000.00 for deposit into the school aid stabilization fund created
3 in section 11a.
4 Sec. 11f. (1) From the appropriations under section 11, there is
5 allocated for the purposes of this section an amount not to exceed
6 $32,000,000.00 for the
fiscal year ending September 30, 2004 2005 and
7 for each succeeding fiscal year through the fiscal year ending September
8 30, 2008. Payments under this section will cease after September 30,
9 2008. These allocations are for paying the amounts described in
10 subsection (4) to districts and intermediate districts, other than those
11 receiving a lump sum payment under subsection (2), that were not
12 plaintiffs in the consolidated cases known as Durant v State of
13 Michigan, Michigan supreme court docket no. 104458-104492 and that, on
14 or before March 2, 1998, submitted to the state treasurer a board
15 resolution waiving any right or interest the district or intermediate
16 district has or may have in any claim or litigation based on or arising
17 out of any claim or potential claim through September 30, 1997 that is
18 or was similar to the claims asserted by the plaintiffs in the
19 consolidated cases known as Durant v State of Michigan. The waiver
20 resolution shall be in form and substance as required under subsection
21 (7). The state treasurer is authorized to accept such a waiver
22 resolution on behalf of this state. The amounts described in this
23 subsection represent offers of settlement and compromise of any claim or
24 claims that were or could have been asserted by these districts and
25 intermediate districts, as described in this subsection.
26 (2) In addition to any other money appropriated under this act,
27 there was appropriated from the state school aid fund an amount not to
1 exceed $1,700,000.00 for the fiscal year ending September 30, 1999.
2 This appropriation was for paying the amounts described in this
3 subsection to districts and intermediate districts that were not
4 plaintiffs in the consolidated cases known as Durant v State of
5 Michigan; that, on or before March 2, 1998, submitted to the state
6 treasurer a board resolution waiving any right or interest the district
7 or intermediate district had or may have had in any claim or litigation
8 based on or arising out of any claim or potential claim through
9 September 30, 1997 that is or was similar to the claims asserted by the
10 plaintiffs in the consolidated cases known as Durant v State of
11 Michigan; and for which the total amount listed in section 11h and paid
12 under this section was less than $75,000.00. For a district or
13 intermediate district qualifying for a payment under this subsection,
14 the entire amount listed for the district or intermediate district in
15 section 11h was paid in a lump sum on November 15, 1998 or on the next
16 business day following that date. The amounts paid under this
17 subsection represent offers of settlement and compromise of any claim or
18 claims that were or could have been asserted by these districts and
19 intermediate districts, as described in this subsection.
20 (3) This section does not create any obligation or liability of
21 this state to any district or intermediate district that does not submit
22 A waiver resolution described in this section. This section, any other
23 provision of this act, and section 353e of the management and budget
24 act, 1984 PA 431, MCL 18.1353e, are not intended to admit liability or
25 waive any defense that is or would be available to this state or its
26 agencies, employees, or agents in any litigation or future litigation
27 with a district or intermediate district.
1 (4) The amount paid each fiscal year to each district or
2 intermediate district under subsection (1) shall be 1/20 of the total
3 amount listed in section 11h for each listed district or intermediate
4 district that qualifies for a payment under subsection (1). The amounts
5 listed in section 11h and paid in part under this subsection and in a
6 lump sum under subsection (2) are offers of settlement and compromise to
7 each of these districts or intermediate districts to resolve, in their
8 entirety, any claim or claims that these districts or intermediate
9 districts may have asserted for violations of section 29 of article IX
10 of the state constitution of 1963 through September 30, 1997, which
11 claims are or were similar to the claims asserted by the plaintiffs in
12 the consolidated cases known as Durant v State of Michigan. This
13 section, any other provision of this act, and section 353e of the
14 management and budget act, 1984 PA 431, MCL 18.1353e, shall not be
15 construed to constitute an admission of liability to the districts or
16 intermediate districts listed in section 11h or a waiver of any defense
17 that is or would have been available to the state or its agencies,
18 employees, or agents in any litigation or future litigation with a
19 district or intermediate district.
20 (5) The entire amount of each payment under subsection (1) each
21 fiscal year shall be paid on November 15 of the applicable fiscal year
22 or on the next business day following that date.
23 (6) Funds paid to a district or intermediate district under this
24 section shall be used only for textbooks, electronic instructional
25 material, software, technology, infrastructure or infrastructure
26 improvements, school buses, school security, training for technology, or
27 to pay debt service on voter-approved bonds issued by the district or
1 intermediate district before the effective date of this section. For
2 intermediate districts only, funds paid under this section may also be
3 used for other nonrecurring instructional expenditures including, but
4 not limited to, nonrecurring instructional expenditures for vocational
5 education, or for debt service for acquisition of technology for
6 academic support services. Funds received by an intermediate district
7 under this section may be used for projects conducted for the benefit of
8 its constituent districts at the discretion of the intermediate board.
9 To the extent payments under this section are used by a district or
10 intermediate district to pay debt service on debt payable from millage
11 revenues, and to the extent permitted by law, the district or
12 intermediate district may make a corresponding reduction in the number
13 of mills levied for that debt service.
14 (7) The resolution to be adopted and submitted by a district or
15 intermediate district under this section and section 11g shall read as
16 follows:
17 "Whereas, the board of ____________________ (name of district or
18 intermediate district) desires to settle and compromise, in their
19 entirety, any claim or claims that the district (or intermediate
20 district) has or had for violations of section 29 of article IX of the
21 state constitution of 1963, which claim or claims are or were similar to
22 the claims asserted by the plaintiffs in the consolidated cases known as
23 Durant v State of Michigan, Michigan supreme court docket no. 104458-
24 104492.
25 Whereas, the district (or intermediate district) agrees to settle
26 and compromise these claims for the consideration described in sections
27 11f and 11g of the state school aid act of 1979, 1979 PA 94, MCL
1 388.1611f and 388.1611g, and in the amount specified for the district
2 (or intermediate district) in section 11h of the state school aid act of
3 1979, 1979 PA 94, MCL 388.1611h.
4 Whereas, the board of _______________ (name of district or
5 intermediate district) is authorized to adopt this resolution.
6 Now, therefore, be it resolved as follows:
7 1. The board of ____________________ (name of district or
8 intermediate district) waives any right or interest it may have in any
9 claim or potential claim through September 30, 1997 relating to the
10 amount of funding the district or intermediate district is, or may have
11 been, entitled to receive under the state school aid act of 1979, 1979
12 PA 94, MCL 388.1601 to 388.1772, or any other source of state funding,
13 by reason of the application of section 29 of article IX of the state
14 constitution of 1963, which claims or potential claims are or were
15 similar to the claims asserted by the plaintiffs in the consolidated
16 cases known as Durant v State of Michigan, Michigan supreme court docket
17 no. 104458-104492.
18 2. The board of ____________________ (name of district or
19 intermediate district) directs its secretary to submit a certified copy
20 of this resolution to the state treasurer no later than 5 p.m. eastern
21 standard time on March 2, 1998, and agrees that it will not take any
22 action to amend or rescind this resolution.
23 3. The board of ____________________ (name of district or
24 intermediate district) expressly agrees and understands that, if it
25 takes any action to amend or rescind this resolution, the state, its
26 agencies, employees, and agents shall have available to them any
27 privilege, immunity, and/or defense that would otherwise have been
1 available had the claims or potential claims been actually litigated in
2 any forum.
3 4. This resolution is contingent on continued payments by the
4 state each fiscal year as determined under sections 11f and 11g of the
5 state school aid act of 1979, 1979 PA 94, MCL 388.1611f and 388.1611g.
6 However, this resolution shall be an irrevocable waiver of any claim to
7 amounts actually received by the school district or intermediate school
8 district under sections 11f and 11g of the state school aid act of
9 1979."
10 Sec. 11g. (1) From
the general school aid fund appropriation in
11 section 11, there is
allocated an amount not to exceed $141,000.00 each
12 fiscal year for the
fiscal year ending September 30,
2003, for the
13 fiscal year ending September 30, 2004, and for the fiscal year
ending
14 September 30, 2005. There is allocated an amount not to exceed
15 $34,200,000.00 $35,000,000.00 for each succeeding fiscal year
through
16 the fiscal year ending September 30, 2013. Payments under this section
17 will cease after September 30, 2013. These allocations are for paying
18 the amounts described in subsection (3) to districts and intermediate
19 districts, other than those receiving a lump sum payment under section
20 11f(2), that were not plaintiffs in the consolidated cases known as
21 Durant v State of Michigan, Michigan supreme court docket no. 104458-
22 104492 and that, on or before March 2, 1998, submitted to the state
23 treasurer a waiver resolution described in section 11f. The amounts
24 paid under this section represent offers of settlement and compromise of
25 any claim or claims that were or could have been asserted by these
26 districts and intermediate districts, as described in this section.
27 (2) This section does not create any obligation or liability of
1 this state to any district or intermediate district that does not submit
2 A waiver resolution described in section 11f. This section, any other
3 provision of this act, and section 353e of the management and budget
4 act, 1984 PA 431, MCL 18.1353e, are not intended to admit liability or
5 waive any defense that is or would be available to this state or its
6 agencies, employees, or agents in any litigation or future litigation
7 with a district or intermediate district regarding these claims or
8 potential claims.
9 (3) The amount paid each fiscal year to each district or
10 intermediate district under this section shall be the sum of the
11 following:
12 (a) 1/30 of the total amount listed in section 11h for the
13 district or intermediate district.
14 (b) If the district or intermediate district borrows money and
15 issues bonds under section 11i, an additional amount in each fiscal year
16 calculated by the department of treasury that, when added to the amount
17 described in subdivision (a), will cause the net present value as of
18 November 15, 1998 of the total of the 15 annual payments made to the
19 district or intermediate district under this section, discounted at a
20 rate as determined by the state treasurer, to equal the amount of the
21 bonds issued by that district or intermediate district under section 11i
22 and that will result in the total payments made to all districts and
23 intermediate districts in each fiscal year under this section being no
24 more than the amount appropriated under this section in each fiscal
25 year.
26 (4) The entire amount of each payment under this section each
27 fiscal year shall be paid on May 15 of the applicable fiscal year or on
1 the next business day following that date. If a district or
2 intermediate district borrows money and issues bonds under section 11i,
3 the district or intermediate district shall use funds received under
4 this section to pay debt service on bonds issued under section 11i. If
5 A district or intermediate district does not borrow money and issue
6 bonds under section 11i, the district or intermediate district shall use
7 funds received under this section only for the following purposes, in
8 the following order of priority:
9 (a) First, to pay debt service on voter-approved bonds issued by
10 the district or intermediate district before the effective date of this
11 section.
12 (b) Second, to pay debt service on other limited tax obligations.
13 (c) Third, for deposit into a sinking fund established by the
14 district or intermediate district under the revised school code.
15 (5) To the extent payments under this section are used by a
16 district or intermediate district to pay debt service on debt payable
17 from millage revenues, and to the extent permitted by law, the district
18 or intermediate district may make a corresponding reduction in the
19 number of mills levied for debt service.
20 (6) A district or intermediate district may pledge or assign
21 payments under this section as security for bonds issued under section
22 11i, but shall not otherwise pledge or assign payments under this
23 section.
24 Sec. 11j. From the appropriation in section 11, there is allocated
25 an amount not to exceed $28,300,000.00
$41,100,000.00 for 2003-2004
26 2004-2005 for payments to the school loan bond redemption fund on behalf
27 of districts and intermediate school districts to in the
department of
1 treasury.
2 Sec. 13. Except as otherwise provided in this act, the
3 apportionments and limitations of the apportionments made under this act
4 shall be made on the membership and number of teachers and other
5 professionals approved by the superintendent employed as of the pupil
6 membership count day of each year and on the taxable value and the
7 operating millage of each district for the calendar year. In addition, a
8 district maintaining school during the entire year, as provided in
9 section 1561 of the revised school code, MCL 380.1561, shall count
10 memberships and teachers
educational personnel pursuant to rules
11 promulgated by the superintendent and shall report to the center as
12 required by state and federal law.
13 Sec. 15. (1) If a district or intermediate district fails to
14 receive its proper apportionment, the department, upon satisfactory
15 proof that the district or intermediate district was entitled justly,
16 shall apportion the
deficiency in the remaining apportionments next
17 apportionment. Subject to subsections (2) and (3), if a district or
18 intermediate district has received more than its proper apportionment,
19 the department, upon satisfactory proof, shall deduct the excess in the
20 remaining
apportionments next apportionment.
Notwithstanding any other
21 provision in this act, state aid overpayments to a district, other than
22 overpayments in payments for special education or special education
23 transportation, may be recovered from any payment made under this act
24 other than a special education or special education transportation
25 payment. State aid overpayments made in special education or special
26 education transportation payments may be recovered from subsequent
27 special education or special education transportation payments.
1 (2) If the result of an audit conducted by or for the department
2 affects the current fiscal year membership, affected payments shall be
3 adjusted in the current fiscal year. A deduction due to an adjustment
4 made as a result of an audit conducted by or for the department, or as a
5 result of information obtained by the department from the district, an
6 intermediate district, the department of treasury, or the office of
7 auditor general, shall be deducted from the district's apportionments
8 within the next fiscal year after the fiscal year in which the
9 adjustment is finalized. At the request of the district and upon the
10 district presenting evidence satisfactory to the department of the
11 hardship, the department may grant up to an additional 4 years for the
12 adjustment if the district would otherwise experience a significant
13 hardship.
14 (3) If, because of the receipt of new or updated data, the
15 department determines during a fiscal year that the amount paid to a
16 district or intermediate district under this act for a prior fiscal year
17 was incorrect under the law in effect for that year, the department may
18 make the appropriate deduction or payment in the district's or
19 intermediate district's allocation for the fiscal year in which the
20 determination is made. The deduction or payment shall be calculated
21 according to the law in effect in the fiscal year in which the improper
22 amount was paid.
23 (4) Expenditures made by the department under this act that are
24 caused by the write-off of prior year accruals may be funded by revenue
25 from the write-off of prior year accruals.
26 Sec. 18. (1) Except as provided in another section of this act,
27 each district or other entity shall apply the money received by the
1 district or entity under this act to salaries and other compensation of
2 teachers and other employees, tuition, transportation, lighting,
3 heating, ventilation, water service, the purchase of textbooks which are
4 designated by the board to be used in the schools under the board's
5 charge, other supplies, and any other school operating expenditures
6 defined in section 7. However, not more than 20% of the total amount
7 received by a district under article 2 or intermediate district under
8 article 8 may be transferred by the board to either the capital projects
9 fund or to the debt retirement fund for debt service. The money shall
10 not be applied or taken for a purpose other than as provided in this
11 section. The department shall determine the reasonableness of
12 expenditures and may withhold from a recipient of funds under this act
13 the apportionment otherwise due for the fiscal year following the
14 discovery by the department of a violation by the recipient.
15 (2) For the purpose of determining the reasonableness of
16 expenditures and whether a violation of this act has occurred, the
17 department shall require that each district and intermediate district
18 have an audit of the district's or intermediate district's financial and
19 pupil accounting records conducted at least annually at the expense of
20 the district or intermediate district, as applicable, by a certified
21 public accountant or by the intermediate district superintendent, as may
22 be required by the department, or in the case of a district of the first
23 class by a certified public accountant, the intermediate superintendent,
24 or the auditor general of the city. An intermediate district's annual
25 financial audit shall be accompanied by the intermediate district's
26 pupil accounting procedures report. A district's or intermediate
27 district's annual financial audit shall include an analysis of the
1 financial and pupil accounting data used as the basis for distribution
2 of state school aid. The pupil accounting records and reports, audits,
3 and management letters are subject to requirements established in the
4 auditing and accounting manuals approved and published by the
5 department. Except as otherwise provided in this subsection, a district
6 shall file the annual financial audit reports with the intermediate
7 district and with the department not later than November 15 of each
8 year. 120 days after
the end of each school fiscal year and the
9 intermediate district
shall forward the annual financial audit reports
10 for its constituent
districts and for the The intermediate
district
11 shall file and the pupil accounting procedures report for the pupil
12 membership count day and supplemental count day, to the department not
13 later than November 15 of each year. The annual financial audit reports
14 and pupil accounting procedures reports shall be available to the public
15 in compliance with the freedom of information act, 1976 PA 442, MCL
16 15.231 to 15.246. Not later than December 1 of each year, the
17 department shall notify the state budget director and the legislative
18 appropriations subcommittees responsible for review of the school aid
19 budget of districts and intermediate districts that have not filed an
20 annual financial audit and pupil accounting procedures report required
21 under this section for the school year ending in the immediately
22 preceding fiscal year.
23 (3) By November 15 of each year, each district and intermediate
24 district shall submit to the center, in a manner prescribed by the
25 center, annual comprehensive financial data consistent with accounting
26 manuals and charts of accounts approved and published by the department.
27 (4) By September 30 of each year, each district and intermediate
1 district shall file with the department the special education actual
2 cost report, known as "SE-4096", on a form and in the manner prescribed
3 by the department.
4 (5) By October 7 of each year, each district and intermediate
5 district shall file with the department the transportation expenditure
6 report, known as "SE-4094", on a form and in the manner prescribed by
7 the department.
8 (6) Not later than July 1, 1999, the department shall approve and
9 publish pupil accounting and pupil auditing manuals. The department
10 shall review those manuals at least annually and shall periodically
11 update those manuals to reflect changes in this act. The pupil
12 accounting manuals in effect for the 1996-97 school year, including
13 subsequent revisions issued by the superintendent, shall be the interim
14 manuals in effect until new manuals are approved and published.
15 However, the clarification of class-by-class accounting provided in the
16 department's April 15, 1998 memorandum on pupil accounting procedures
17 shall be excluded from the interim manuals.
18 (7) If a district that is a public school academy purchases
19 property using money received under this act, the public school academy
20 shall retain ownership of the property unless the public school academy
21 sells the property at fair market value.
22 (8) If a district or intermediate district does not comply with
23 subsection (2),(3),(4), or (5), the department shall withhold all state
24 school aid due to the district or intermediate district under this act,
25 beginning with the next payment due to the district or intermediate
26 district, until the district or intermediate district complies with
27 subsections (2),(3),(4), and (5). If the district or intermediate
1 district does not comply with subsections (2),(3),(4), and (5) by the
2 end of the fiscal year, the district or intermediate district forfeits
3 the amount withheld.
4 Sec. 18a. Grant funds
awarded and allotted to a district, or
5 intermediate district, or other entity, unless otherwise specified in
6 this act, shall be expended by the grant recipient before the end of the
7 school fiscal year immediately following the fiscal year in which the
8 funds are received. If a grant recipient does not expend the funds
9 received under this act before the end of the fiscal year in which the
10 funds are received, the grant recipient shall submit a report to the
11 department not later than November 1 after the fiscal year in which the
12 funds are received indicating whether it expects to expend those funds
13 during the fiscal year in which the report is submitted. A recipient of
14 A grant shall return any unexpended grant funds to the department in the
15 manner prescribed by the department not later than September 30 after
16 the fiscal year in which the funds are received.
17 Sec. 19. (1) A district shall comply with any requirements of
18 sections 1204a, 1277, 1278, and 1280 of the revised school code, MCL
19 380.1204a, 380.1277, 380.1278, and 380.1280, commonly referred to as
20 "public act 25 of 1990" that are not also required by the no child left
21 behind act of 2001, Public Law 107-110, 115 Stat. 1425, as determined by
22 the department.
23 (2) Each district and intermediate district shall provide to the
24 department, in a form and manner prescribed by the department,
25 information necessary for the development of an annual progress report
26 on the required implementation of sections 1204a, 1277, 1278, and 1280
27 of the revised school code, MCL 380.1204a, 380.1277, 380.1278, and
1 380.1280, commonly referred to as "public act 25 of 1990".
2 (3) A district or intermediate district shall comply with all
3 applicable reporting requirements specified in state and federal law.
4 Data provided to the center, in a form and manner prescribed by the
5 center, shall be aggregated and disaggregated as required by state and
6 federal law.
7 (4) Each district shall furnish to the center not later than 7
8 weeks after the pupil membership count day, in a manner prescribed by
9 the center, the information necessary for the preparation of the
10 district and high school graduation report. The center shall calculate
11 an annual graduation and pupil dropout rate for each high school, each
12 district, and this state, in compliance with nationally recognized
13 standards for these calculations. The center shall report all
14 graduation and dropout rates to the senate and house education
15 committees and appropriations committees, the state budget director, and
16 the department not later than June 1 of each year.
17 (5) A district shall furnish to the center, in a manner prescribed
18 by the center, information related to educational personnel as necessary
19 for reporting required by state and federal law.
20 (6) A district shall furnish to the center, in a manner prescribed
21 by the center, information related to safety practices and criminal
22 incidents as necessary for reporting required by state and federal laws.
23 (7) (6)
If a district or intermediate district fails to meet the
24 requirements of
subsection (2), (3), (4), or (5), or (6) the department
25 shall withhold 5% of the total funds for which the district or
26 intermediate district qualifies under this act until the district or
27 intermediate district complies with all of those subsections. If the
1 district or intermediate district does not comply with all of those
2 subsections by the end of the fiscal year, the department shall place
3 the amount withheld in an escrow account until the district or
4 intermediate district complies with all of those subsections.
5 (7) If a school in
a district is not accredited under section 1280
6 of the revised school
code, MCL 380.1280, or is not making satisfactory
7 progress toward
meeting the standards for that accreditation, the
8 department shall
withhold 5% of the total funds for
which the district
9 qualifies under this
act that are attributable to pupils attending that
10 school. The
department shall place the amount withheld from a district
11 under this subsection
in an escrow account and shall not release the
12 funds to the district
until the district submits to the department a
13 plan for achieving
accreditation for each of the district's schools that
14 are not accredited
under section 1280 of the revised school code, MCL
15 380.1280, or are not
making satisfactory progress toward meeting the
16 standards for that
accreditation.
17 (8) Before publishing a list of schools or districts determined to
18 have failed to make adequate yearly progress as required by the federal
19 no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425,
20 the department shall allow a school or district to appeal that
21 determination. The department shall consider and act upon the appeal
22 within 30 days after it is submitted and shall not publish the list
23 until after all appeals have been considered and decided.
24 Sec. 20. (1) For 2002-2003
and for 2003-2004, 2004-2005, the
25 basic foundation allowance is $6,700.00 per membership pupil.
26 (2) The amount of each district's foundation allowance shall be
27 calculated as provided in this section, using a basic foundation
1 allowance in the amount specified in subsection (1).
2 (3) Except as otherwise provided in this section, the amount of a
3 district's foundation allowance shall be calculated as follows, using in
4 all calculations the total amount of the district's foundation allowance
5 as calculated before any proration:
6 (a) Except as otherwise provided in this subsection, for a
7 district that in the immediately preceding state fiscal year had a
8 foundation allowance in an amount at least equal to the amount of the
9 basic foundation allowance for the immediately preceding state fiscal
10 year, the district shall receive a foundation allowance in an amount
11 equal to the sum of the district's foundation allowance for the
12 immediately preceding state fiscal year plus the dollar amount of the
13 adjustment from the immediately preceding state fiscal year to the
14 current state fiscal year in the basic foundation allowance. However,
15 for 2002-2003, the foundation allowance for a district under this
16 subdivision is an amount equal to the sum of the district's foundation
17 allowance for the immediately preceding state fiscal year plus $200.00.
18 (b) For a district that in the 1994-95 state fiscal year had a
19 foundation allowance greater than $6,500.00, the district's foundation
20 allowance is an amount equal to the sum of the district's foundation
21 allowance for the immediately preceding state fiscal year plus the
22 lesser of the increase in the basic foundation allowance for the current
23 state fiscal year, as compared to the immediately preceding state fiscal
24 year, or the product of the district's foundation allowance for the
25 immediately preceding state fiscal year times the percentage increase in
26 the United States consumer price index in the calendar year ending in
27 the immediately preceding fiscal year as reported by the May revenue
1 estimating conference conducted under section 367b of the management and
2 budget act, 1984 PA 431, MCL 18.1367b. For 2002-2003, for a district
3 that in the 1994-95 state fiscal year had a foundation allowance greater
4 than $6,500.00, the district's foundation allowance is an amount equal
5 to the sum of the district's foundation allowance for the immediately
6 preceding state fiscal year plus the lesser of $200.00 or the product of
7 the district's foundation allowance for the immediately preceding state
8 fiscal year times the percentage increase in the United States consumer
9 price index in the calendar year ending in the immediately preceding
10 fiscal year as reported by the May revenue estimating conference
11 conducted under section 367b of the management and budget act, 1984 PA
12 431, MCL 18.1367b.
13 (c) For a district that has a foundation allowance that is not a
14 whole dollar amount, the district's foundation allowance shall be
15 rounded up to the nearest whole dollar.
16 (d) For a district that received a payment under former section
17 22c for 2001-2002, the district's 2001-2002 foundation allowance shall
18 be considered to have been an amount equal to the sum of the district's
19 actual 2001-2002 foundation allowance as otherwise calculated under this
20 section plus the per pupil amount of the district's equity payment for
21 2001-2002 under former section 22c.
22 (4) Except as otherwise provided in this subsection, the state
23 portion of a district's foundation allowance is an amount equal to the
24 district's foundation allowance or $6,500.00, whichever is less, minus
25 the difference between the product of the taxable value per membership
26 pupil of all property in the district that is not a principal residence
27 or qualified agricultural property times the lesser of 18 mills or the
1 number of mills of school operating taxes levied by the district in
2 1993-94 and the quotient of the ad valorem property tax revenue of the
3 district captured under 1975 PA 197, MCL 125.1651 to 125.1681, the tax
4 increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830,
5 the local development financing act, 1986 PA 281, MCL 125.2151 to
6 125.2174, or the brownfield redevelopment financing act, 1996 PA 381,
7 MCL 125.2651 to 125.2672, divided by the district's membership excluding
8 special education pupils. For a district described in subsection
9 (3)(b), the state portion of the district's foundation allowance is an
10 amount equal to $6,962.00 plus the difference between the district's
11 foundation allowance for the current state fiscal year and the
12 district's foundation allowance for 1998-99, minus the difference
13 between the product of the taxable value per membership pupil of all
14 property in the district that is not a principal residence or qualified
15 agricultural property times the lesser of 18 mills or the number of
16 mills of school operating taxes levied by the district in 1993-94 and
17 the quotient of the ad valorem property tax revenue of the district
18 captured under 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment
19 finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local
20 development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, or the
21 brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to
22 125.2672, divided by the district's membership excluding special
23 education pupils. For a district that has a millage reduction required
24 under section 31 of article IX of the state constitution of 1963, the
25 state portion of the district's foundation allowance shall be calculated
26 as if that reduction did not occur. The $6,500.00 amount prescribed in
27 this subsection shall be adjusted each year by an amount equal to the
1 dollar amount of the difference between the basic foundation allowance
2 for the current state fiscal year and $5,000.00, minus $200.00.
3 (5) The allocation calculated under this section for a pupil shall
4 be based on the foundation allowance of the pupil's district of
5 residence. However, for a pupil enrolled in a district other than the
6 pupil’s district of residence, if the foundation allowance of the
7 resident district has been adjusted pursuant to subsection (18), the
8 allocation calculated under this section shall not include the
9 adjustment described in subsection (18). For for a pupil
enrolled
10 pursuant to section 105 or 105c in a district other than the pupil's
11 district of residence, the allocation calculated under this section
12 shall be based on the lesser of the foundation allowance of the pupil's
13 district of residence or the foundation allowance of the educating
14 district. For a pupil in membership in a K-5, K-6, or K-8 district who
15 is enrolled in another district in a grade not offered by the pupil's
16 district of residence, the allocation calculated under this section
17 shall be based on the foundation allowance of the educating district if
18 the educating district's foundation allowance is greater than the
19 foundation allowance of the pupil's district of residence. The
20 calculation under this subsection shall take into account a district's
21 per pupil allocation under section 20j(2).
22 (6) Subject to subsection (7) and section 22b(3) and except as
23 otherwise provided in this subsection, for pupils in membership, other
24 than special education pupils, in a public school academy or a
25 university school, the allocation calculated under this section is an
26 amount per membership pupil other than special education pupils in the
27 public school academy or university school equal to the sum of the local
1 school operating revenue per membership pupil other than special
2 education pupils for the district in which the public school academy or
3 university school is located and the state portion of that district's
4 foundation allowance, or the sum of the basic foundation allowance under
5 subsection (1) plus $300.00, whichever is less. Notwithstanding section
6 101(2), for a public
school academy that begins operations in 2002-2003
7 or 2003-2004, as
applicable, after the pupil
membership count day, the
8 amount per membership pupil calculated under this subsection shall be
9 adjusted by multiplying that amount per membership pupil by the number
10 of hours of pupil instruction provided by the public school academy
11 after it begins operations, as determined by the department, divided by
12 the minimum number of hours of pupil instruction required under section
13 101(3). The result of this calculation shall not exceed the amount per
14 membership pupil otherwise calculated under this subsection.
15 (7) If more than 25% of the pupils residing within a district are
16 in membership in 1 or more public school academies located in the
17 district, then the amount per membership pupil calculated under this
18 section for a public school academy located in the district shall be
19 reduced by an amount equal to the difference between the product of the
20 taxable value per membership pupil of all property in the district that
21 is not a principal residence or qualified agricultural property times
22 the lesser of 18 mills or the number of mills of school operating taxes
23 levied by the district in 1993-94 and the quotient of the ad valorem
24 property tax revenue of the district captured under 1975 PA 197, MCL
25 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA
26 450, MCL 125.1801 to 125.1830, the local development financing act, 1986
27 PA 281, MCL 125.2151 to 125.2174, or the brownfield redevelopment
1 financing act, 1996 PA 381, MCL 125.2651 to 125.2672, divided by the
2 district's membership excluding special education pupils, in the school
3 fiscal year ending in the current state fiscal year, calculated as if
4 the resident pupils in membership in 1 or more public school academies
5 located in the district were in membership in the district. In order to
6 receive state school aid under this act, a district described in this
7 subsection shall pay to the authorizing body that is the fiscal agent
8 for a public school academy located in the district for forwarding to
9 the public school academy an amount equal to that local school operating
10 revenue per membership pupil for each resident pupil in membership other
11 than special education pupils in the public school academy, as
12 determined by the department.
13 (8) If a district does not receive an amount calculated under
14 subsection (9); if the number of mills the district may levy on a
15 principal residence and qualified agricultural property under section
16 1211(1) of the revised school code, MCL 380.1211, is 0.5 mills or less;
17 and if the district elects not to levy those mills, the district instead
18 shall receive a separate supplemental amount calculated under this
19 subsection in an amount equal to the amount the district would have
20 received had it levied those mills, as determined by the department of
21 treasury. A district shall not receive a separate supplemental amount
22 calculated under this subsection for a fiscal year unless in the
23 calendar year ending in the fiscal year the district levies 18 mills or
24 the number of mills of school operating taxes levied by the district in
25 1993, whichever is less, on property that is not a principal residence
26 or qualified agricultural property.
27 (9) For a district that had combined state and local revenue per
1 membership pupil in the 1993-94 state fiscal year of more than $6,500.00
2 and that had fewer than 350 pupils in membership, if the district elects
3 not to reduce the number of mills from which a principal residence and
4 qualified agricultural property are exempt and not to levy school
5 operating taxes on a principal residence and qualified agricultural
6 property as provided in section 1211(1) of the revised school code, MCL
7 380.1211, and not to levy school operating taxes on all property as
8 provided in section 1211(2) of the revised school code, MCL 380.1211,
9 there is calculated under this subsection for 1994-95 and each
10 succeeding fiscal year a separate supplemental amount in an amount equal
11 to the amount the district would have received per membership pupil had
12 it levied school operating taxes on a principal residence and qualified
13 agricultural property at the rate authorized for the district under
14 section 1211(1) of the revised school code, MCL 380.1211, and levied
15 school operating taxes on all property at the rate authorized for the
16 district under section 1211(2) of the revised school code, MCL 380.1211,
17 as determined by the department of treasury. If in the calendar year
18 ending in the fiscal year a district does not levy 18 mills or the
19 number of mills of school operating taxes levied by the district in
20 1993, whichever is less, on property that is not a principal residence
21 or qualified agricultural property, the amount calculated under this
22 subsection will be reduced by the same percentage as the millage
23 actually levied compares to the 18 mills or the number of mills levied
24 in 1993, whichever is less.
25 (10) Subject to subsection (4), for a district that is formed or
26 reconfigured after June 1, 2002 by consolidation of 2 or more districts
27 or by annexation, the resulting district's foundation allowance under
1 this section beginning after the effective date of the consolidation or
2 annexation shall be the average of the foundation allowances of each of
3 the original or affected districts, calculated as provided in this
4 section, weighted as to the percentage of pupils in total membership in
5 the resulting district who reside in the geographic area of each of the
6 original or affected districts.
7 (11) Each fraction used in making calculations under this section
8 shall be rounded to the fourth decimal place and the dollar amount of an
9 increase in the basic foundation allowance shall be rounded to the
10 nearest whole dollar.
11 (12) State payments related to payment of the foundation allowance
12 for a special education pupil are not calculated under this section but
13 are instead calculated under section 51a.
14 (13) To assist the legislature in determining the basic foundation
15 allowance for the subsequent state fiscal year, each revenue estimating
16 conference conducted under section 367b of the management and budget
17 act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership
18 factor, a revenue adjustment factor, and an index as follows:
19 (a) The pupil membership factor shall be computed by dividing the
20 estimated membership in the school year ending in the current state
21 fiscal year, excluding intermediate district membership, by the
22 estimated membership for the school year ending in the subsequent state
23 fiscal year, excluding intermediate district membership. If a consensus
24 membership factor is not determined at the revenue estimating
25 conference, the principals of the revenue estimating conference shall
26 report their estimates to the house and senate subcommittees responsible
27 for school aid appropriations not later than 7 days after the conclusion
1 of the revenue conference.
2 (b) The revenue adjustment factor shall be computed by dividing
3 the sum of the estimated total state school aid fund revenue for the
4 subsequent state fiscal year plus the estimated total state school aid
5 fund revenue for the current state fiscal year, adjusted for any change
6 in the rate or base of a tax the proceeds of which are deposited in that
7 fund and excluding money transferred into that fund from the
8 countercyclical budget and economic stabilization fund under section
9 353e of the management and budget act, 1984 PA 431, MCL 18.1353e, by the
10 sum of the estimated total school aid fund revenue for the current state
11 fiscal year plus the estimated total state school aid fund revenue for
12 the immediately preceding state fiscal year, adjusted for any change in
13 the rate or base of a tax the proceeds of which are deposited in that
14 fund. If a consensus revenue factor is not determined at the revenue
15 estimating conference, the principals of the revenue estimating
16 conference shall report their estimates to the house and senate
17 subcommittees responsible for school aid appropriations not later than 7
18 days after the conclusion of the revenue conference.
19 (c) The index shall be calculated by multiplying the pupil
20 membership factor by the
revenue adjustment factor. However, for 2003-
21 2004 only, 2004-2005, the index shall be 1.00. If a
consensus index is
22 not determined at the revenue estimating conference, the principals of
23 the revenue estimating conference shall report their estimates to the
24 house and senate subcommittees responsible for school aid appropriations
25 not later than 7 days after the conclusion of the revenue conference.
26 (14) If the principals at the revenue estimating conference reach
27 A consensus on the index described in subsection (13)(c), the basic
1 foundation allowance for the subsequent state fiscal year shall be at
2 least the amount of that consensus index multiplied by the basic
3 foundation allowance specified in subsection (1).
4 (15) If at the
January revenue estimating conference it is
5 estimated that pupil
membership, excluding intermediate district
6 membership, for the
subsequent state fiscal year will be greater than
7 101% of the pupil
membership, excluding intermediate district
8 membership, for the
current state fiscal year, then it is the intent of
9 the legislature that
the executive budget proposal for the school aid
10 budget for the
subsequent state fiscal year include a general
11 fund/general purpose
allocation sufficient to support the membership in
12 excess of 101% of the
current year pupil membership.
13 (15) (16)
For a district that had combined state and local revenue
14 per membership pupil in the 1993-94 state fiscal year of more than
15 $6,500.00, that had fewer than 7 pupils in membership in the 1993-94
16 state fiscal year, that has at least 1 child educated in the district in
17 the current state fiscal year, and that levies the number of mills of
18 school operating taxes authorized for the district under section 1211 of
19 the revised school code, MCL 380.1211, a minimum amount of combined
20 state and local revenue shall be calculated for the district as provided
21 under this subsection. The minimum amount of combined state and local
22 revenue for 1999-2000 shall be $67,000.00 plus the district's additional
23 expenses to educate pupils in grades 9 to 12 educated in other districts
24 as determined and allowed by the department. The minimum amount of
25 combined state and local revenue under this subsection, before adding
26 the additional expenses, shall increase each fiscal year by the same
27 percentage increase as the percentage increase in the basic foundation
1 allowance from the immediately preceding fiscal year to the current
2 fiscal year. The state portion of the minimum amount of combined state
3 and local revenue under this subsection shall be calculated by
4 subtracting from the minimum amount of combined state and local revenue
5 under this subsection the sum of the district's local school operating
6 revenue and an amount equal to the product of the sum of the state
7 portion of the district's foundation allowance plus the amount
8 calculated under section 20j times the district's membership. As used
9 in this subsection, "additional expenses" means the district's expenses
10 for tuition or fees, not to exceed $6,500.00 as adjusted each year by an
11 amount equal to the dollar amount of the difference between the basic
12 foundation allowance for the current state fiscal year and $5,000.00,
13 minus $200.00, plus a room and board stipend not to exceed $10.00 per
14 school day for each pupil in grades 9 to 12 educated in another
15 district, as approved by the department.
16 (16) (17) For
a district in which 7.75 mills levied in 1992 for
17 school operating purposes in the 1992-93 school year were not renewed in
18 1993 for school operating purposes in the 1993-94 school year, the
19 district's combined state and local revenue per membership pupil shall
20 be recalculated as if that millage reduction did not occur and the
21 district's foundation allowance shall be calculated as if its 1994-95
22 foundation allowance had been calculated using that recalculated 1993-94
23 combined state and local revenue per membership pupil as a base. A
24 district is not entitled to any retroactive payments for fiscal years
25 before 2000-2001 due to this subsection.
26 (17) (18)
For a district in which an industrial facilities
27 exemption certificate that abated taxes on property with a state
1 equalized valuation greater than the total state equalized valuation of
2 the district at the time the certificate was issued or $700,000,000.00,
3 whichever is greater, was issued under 1974 PA 198, MCL 207.551 to
4 207.572, before the calculation of the district's 1994-95 foundation
5 allowance, the district's foundation allowance for 2002-2003 is an
6 amount equal to the sum of the district's foundation allowance for 2002-
7 2003, as otherwise calculated under this section, plus $250.00.
8 (18) (19)
For a district that received a grant under former section
9 32e for 2001-2002, the
district's foundation allowance for 2002-2003
10 shall be adjusted to
be an amount equal to the sum of the district's
11 foundation allowance,
as otherwise calculated under this section, plus
12 the quotient of the
amount of the grant award to the district for 2001-
13 2002 under former
section 32e divided by the district's membership for
14 2001-2002, and the district's foundation allowance for 2003-2004
2002-
15 2003 and each year thereafter shall be adjusted to be an amount equal to
16 the sum of the district's foundation allowance, as otherwise calculated
17 under this section, plus the quotient of 100% of the amount of the grant
18 award to the district for 2001-2002 under former section 32e divided by
19 the number of pupils in the district's membership for 2001-2002 who were
20 residents of and were enrolled in the district. Except as otherwise
21 provided in this subsection, a district qualifying for a foundation
22 allowance adjustment under this subsection shall use the funds resulting
23 from this adjustment for at least 1 of grades K to 3 for purposes
24 allowable under former section 32e as in effect for 2001-2002. For an
25 individual school or schools operated by a district qualifying for a
26 foundation allowance under this subsection that have been determined by
27 the department to meet the adequate yearly progress standards of the
1 federal no child left behind act of 2001, Public Law 107-110, 115 Stat.
2 1425, in both mathematics and English language arts at all applicable
3 grade levels for all applicable subgroups, the district may submit to
4 the department an application for flexibility in using the funds
5 resulting from this adjustment that are attributable to the pupils in
6 the school or schools. The application shall identify the affected
7 school or schools and the affected funds and shall contain a plan for
8 using the funds for specific purposes identified by the district that
9 are designed to reduce class size, but that may be different from the
10 purposes otherwise allowable under this subsection. The department shall
11 approve the application if the department determines that the purposes
12 identified in the plan are reasonably designed to reduce class size. If
13 the department does not act to approve or disapprove an application
14 within 30 days after it is submitted to the department, the application
15 is considered to be approved. If an application for flexibility in
16 using the funds is approved, the district may use the funds identified
17 in the application for any purpose identified in the plan.
18 (19) (20)
For a district that is a qualifying school district with
19 A school reform board in place under part 5a of the revised school code,
20 MCL 380.371 to 380.376,
the district's foundation allowance for 2002-
21 2003 2004-2005 shall be adjusted to be an amount
equal to the sum of the
22 district's foundation allowance, as otherwise calculated under this
23 section, plus the quotient of $15,000,000.00 divided by the district's
24 membership for 2002-2003
2004-2005. If a district ceases to meet the
25 requirements of this subsection, the department shall adjust the
26 district's foundation allowance
in effect at that time based on a 2002-
27 2003 2004-2005 foundation allowance for the
district that does not
1 include the 2002-2003
2004-2005 adjustment under this subsection.
2 (20) (21)
Payments to districts, university schools, or public
3 school academies shall not be made under this section. Rather, the
4 calculations under this section shall be used to determine the amount of
5 state payments under section 22b.
6 (21) (22)
If an amendment to section 2 of article VIII of the state
7 constitution of 1963 allowing state aid to some or all nonpublic schools
8 is approved by the voters of this state, each foundation allowance or
9 per pupil payment calculation under this section may be reduced.
10 (22) (23)
As used in this section:
11 (a) "Combined state and local revenue" means the aggregate of the
12 district's state school aid received by or paid on behalf of the
13 district under this section and the district's local school operating
14 revenue.
15 (b) "Combined state and local revenue per membership pupil" means
16 the district's combined state and local revenue divided by the
17 district's membership excluding special education pupils.
18 (c) "Current state fiscal year" means the state fiscal year for
19 which a particular calculation is made.
20 (d) "Immediately preceding state fiscal year" means the state
21 fiscal year immediately preceding the current state fiscal year.
22 (e) "Local school operating revenue" means school operating taxes
23 levied under section 1211 of the revised school code, MCL 380.1211.
24 (f) "Local school operating revenue per membership pupil" means a
25 district's local school operating revenue divided by the district's
26 membership excluding special education pupils.
27 (g) "Membership" means the definition of that term under section 6
1 as in effect for the particular fiscal year for which a particular
2 calculation is made.
3 (h) "Principal residence" and "qualified agricultural property"
4 mean those terms as defined in section 7dd of the general property tax
5 act, 1893 PA 206, MCL 211.7dd.
6 (i) "School operating purposes" means the purposes included in the
7 operation costs of the district as prescribed in sections 7 and 18.
8 (j) "School operating taxes" means local ad valorem property taxes
9 levied under section 1211 of the revised school code, MCL 380.1211, and
10 retained for school operating purposes.
11 (k) "Taxable value per membership pupil" means taxable value, as
12 certified by the department of treasury, for the calendar year ending in
13 the current state fiscal year divided by the district's membership
14 excluding special education pupils for the school year ending in the
15 current state fiscal year.
16 Sec. 20j. (1) Foundation allowance supplemental payments to
17 districts that in the 1994-95 state fiscal year had a foundation
18 allowance greater than $6,500.00 shall be calculated under this section.
19 (2) The per pupil allocation to each district under this section
20 shall be the difference between the dollar amount of the adjustment from
21 the 1998-99 state fiscal year to the current state fiscal year in the
22 basic foundation allowance minus the dollar amount of the adjustment
23 from the 1998-99 state fiscal year to the current state fiscal year in
24 the district's foundation allowance. If the sum of a district’s
25 foundation allowance under section 20 plus the per pupil allocation
26 under this subsection is greater than $9,000.00, the district’s per
27 pupil allocation under this subsection shall be reduced by up to $74.00
1 per pupil. The sum of the district’s foundation allowance under section
2 20 plus the per pupil allocation under this subsection shall not be less
3 than $9,000.00 for those districts impacted by the per pupil adjustment.
4 (3) If a district's local revenue per pupil does not exceed the
5 sum of its foundation allowance under section 20 plus the per pupil
6 allocation under subsection (2), the total payment to the district
7 calculated under this section shall be the product of the per pupil
8 allocation under subsection (2) multiplied by the district's membership
9 excluding special education pupils. If a district's local revenue per
10 pupil exceeds the foundation allowance under section 20 but does not
11 exceed the sum of the foundation allowance under section 20 plus the per
12 pupil allocation under subsection (2), the total payment to the district
13 calculated under this section shall be the product of the difference
14 between the sum of the foundation allowance under section 20 plus the
15 per pupil allocation under subsection (2) minus the local revenue per
16 pupil multiplied by the district's membership excluding special
17 education pupils. If a district's local revenue per pupil exceeds the
18 sum of the foundation allowance under section 20 plus the per pupil
19 allocation under subsection (2), there is no payment calculated under
20 this section for the district.
21 (4) Payments to districts shall not be made under this section.
22 Rather, the calculations under this section shall be made and used to
23 determine the amount of state payments under section 22b.
24 Sec. 20l. (1) From the allocation in section 22b, there is
25 allocated for 2004-2005 an amount not to exceed $1,000,000.00 for
26 consolidation incentive payments to districts under this section. A
27 district that is formed by consolidation, or by the annexation by 1
1 district of all of the territory of another district, after June 1,
2 2004 is eligible to receive a consolidation incentive payment under
3 this section. The payment of an incentive payment to a district under
4 this section shall be an amount equal to $25.00 per pupil in membership
5 in the consolidated district or in the district formed by the
6 annexation, not to exceed a total payment of $500,000.00 to any one
7 consolidated district or district formed by annexation.
8 (2) If the amount allocated under this section for a particular
9 fiscal year is not sufficient to fully fund payments to all eligible
10 districts for the fiscal year, the department shall prorate payments
11 under this section for that fiscal year on an equal percentage basis.
12 Sec. 21b. (1) Subject to subsections (2) and (3), a district shall
13 use funds received under section
20 or, beginning in 2000-2001, under
14 section 22a or 22b to support the attendance of a district pupil at an
15 eligible postsecondary institution under the postsecondary enrollment
16 options act, 1996 PA 160, MCL 388.511 to 388.524, or under the career
17 and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913.
18 (2) To the extent required under subsection (3), a district shall
19 pay tuition and mandatory course fees, material fees, and registration
20 fees required by an eligible postsecondary institution for enrollment in
21 an eligible course. A district also shall pay any late fees charged by
22 an eligible postsecondary institution due to the district's failure to
23 make a required payment according to the timetable prescribed by the
24 postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
25 388.524, or the career and technical preparation act, 2000 PA 258, MCL
26 388.1901 to 388.1913. A district is not required to pay transportation
27 costs, parking costs, or activity fees.
1 (3) A district shall pay to the eligible postsecondary institution
2 on behalf of an eligible student an amount equal to the lesser of the
3 amount of the eligible charges described in subsection (2) or the
4 prorated percentage of the state portion of the foundation allowance
5 paid or calculated, as applicable, on behalf of that eligible student
6 under section 20, with the proration based on the proportion of the
7 school year that the eligible student attends the postsecondary
8 institution. A district may pay more money to an eligible postsecondary
9 institution on behalf of an eligible student than required under this
10 section and the postsecondary enrollment options act, 1996 PA 160, MCL
11 388.511 to 388.524, or the career and technical preparation act, 2000 PA
12 258, MCL 388.1901 to 388.1913, and may use local school operating
13 revenue for that purpose. An eligible student is responsible for
14 payment of the remainder of the costs associated with his or her
15 postsecondary enrollment that exceed the amount the district is required
16 to pay under this section and the postsecondary enrollment options act,
17 1996 PA 160, MCL 388.511 to 388.524, or the career and technical
18 preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, and that are not
19 paid by the district. As used in this subsection, "local school
20 operating revenue" means that term as defined in section 20.
21 (4) As used in this section, "eligible course", "eligible
22 student", and "eligible postsecondary institution" mean those terms as
23 defined in section 3 of the postsecondary enrollment options act, 1996
24 PA 160, MCL 388.511 to 388.524, or in section 3 of the career and
25 technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, as
26 applicable.
27 Sec. 22a. (1) From the appropriation in section 11, there is
1 allocated an amount not
to exceed $6,816,000,000.00 $6,765,300,000.00
2 for 2003-2004 and an amount not to exceed $6,665,000,000.00 for 2004-
3 2005 for payments to districts, qualifying university schools, and
4 qualifying public school academies to guarantee each district,
5 qualifying university school, and qualifying public school academy an
6 amount equal to its 1994-95 total state and local per pupil revenue for
7 school operating purposes under section 11 of article IX of the state
8 constitution of 1963. Pursuant to section 11 of article IX of the state
9 constitution of 1963, this guarantee does not apply to a district in a
10 year in which the district levies a millage rate for school district
11 operating purposes less than it levied in 1994. However, subsection (2)
12 applies to calculating the payments under this section. Funds allocated
13 under this section that are not expended in the state fiscal year for
14 which they were allocated, as determined by the department, may be used
15 to supplement the allocations under sections 22b and 51c in order to
16 fully fund those calculated allocations for the same fiscal year.
17 (2) To ensure that a district receives an amount equal to the
18 district's 1994-95 total state and local per pupil revenue for school
19 operating purposes, there is allocated to each district a state portion
20 of the district's 1994-95 foundation allowance in an amount calculated
21 as follows:
22 (a) Except as otherwise provided in this subsection, the state
23 portion of a district's 1994-95 foundation allowance is an amount equal
24 to the district's 1994-95 foundation allowance or $6,500.00, whichever
25 is less, minus the difference between the product of the taxable value
26 per membership pupil of all property in the district that is not a
27 homestead or qualified agricultural property times the lesser of 18
1 mills or the number of mills of school operating taxes levied by the
2 district in 1993-94 and the quotient of the ad valorem property tax
3 revenue of the district captured under 1975 PA 197, MCL 125.1651 to
4 125.1681, the tax increment finance authority act, 1980 PA 450, MCL
5 125.1801 to 125.1830, the local development financing act, 1986 PA 281,
6 MCL 125.2151 to 125.2174, or the brownfield redevelopment financing act,
7 1996 PA 381, MCL 125.2651 to 125.2672, divided by the district's
8 membership. For a district that has a millage reduction required under
9 section 31 of article IX of the state constitution of 1963, the state
10 portion of the district's foundation allowance shall be calculated as if
11 that reduction did not occur.
12 (b) For a district that had a 1994-95 foundation allowance greater
13 than $6,500.00, the state payment under this subsection shall be the sum
14 of the amount calculated under subdivision (a) plus the amount
15 calculated under this subdivision. The amount calculated under this
16 subdivision shall be equal to the difference between the district's
17 1994-95 foundation allowance minus $6,500.00 and the current year hold
18 harmless school operating taxes per pupil. If the result of the
19 calculation under subdivision (a) is negative, the negative amount shall
20 be an offset against any state payment calculated under this
21 subdivision. If the result of a calculation under this subdivision is
22 negative, there shall not be a state payment or a deduction under this
23 subdivision. The taxable values per membership pupil used in the
24 calculations under this subdivision are as adjusted by ad valorem
25 property tax revenue captured under 1975 PA 197, MCL 125.1651 to
26 125.1681, the tax increment finance authority act, 1980 PA 450, MCL
27 125.1801 to 125.1830, the local development financing act, 1986 PA 281,
1 MCL 125.2151 to 125.2174, or the brownfield redevelopment financing act,
2 1996 PA 381, MCL 125.2651 to 125.2672, divided by the district's
3 membership.
4 (3) For Beginning
in 2003-2004, for pupils in membership in a
5 qualifying public school academy or qualifying university school, there
6 is allocated under this
section for 2003-2004 to the authorizing body
7 that is the fiscal agent for the qualifying public school academy for
8 forwarding to the qualifying public school academy, or to the board of
9 the public university operating the qualifying university school, an
10 amount equal to the 1994-95 per pupil payment to the qualifying public
11 school academy or qualifying university school under section 20.
12 (4) A district, qualifying university school, or qualifying public
13 school academy may use funds allocated under this section in conjunction
14 with any federal funds for which the district, qualifying university
15 school, or qualifying public school academy otherwise would be eligible.
16 (5) For a district that is formed or reconfigured after June 1,
17 2000 by consolidation of 2 or more districts or by annexation, the
18 resulting district's 1994-95 foundation allowance under this section
19 beginning after the effective date of the consolidation or annexation
20 shall be the average of the 1994-95 foundation allowances of each of the
21 original or affected districts, calculated as provided in this section,
22 weighted as to the percentage of pupils in total membership in the
23 resulting district in the state fiscal year in which the consolidation
24 takes place who reside in the geographic area of each of the original
25 districts. If an affected district's 1994-95 foundation allowance is
26 less than the 1994-95 basic foundation allowance, the amount of that
27 district's 1994-95 foundation allowance shall be considered for the
1 purpose of calculations under this subsection to be equal to the amount
2 of the 1994-95 basic foundation allowance.
3 (6) As used in this section:
4 (a) "1994-95 foundation allowance" means a district's 1994-95
5 foundation allowance calculated and certified by the department of
6 treasury or the superintendent under former section 20a as enacted in
7 1993 PA 336 and as amended by 1994 PA 283.
8 (b) "Current state fiscal year" means the state fiscal year for
9 which a particular calculation is made.
10 (c) "Current year hold harmless school operating taxes per pupil"
11 means the per pupil revenue generated by multiplying a district's 1994-
12 95 hold harmless millage by the district's current year taxable value
13 per membership pupil.
14 (d) "Hold harmless millage" means, for a district with a 1994-95
15 foundation allowance greater than $6,500.00, the number of mills by
16 which the exemption from the levy of school operating taxes on a
17 homestead and qualified agricultural property could be reduced as
18 provided in section 1211(1) of the revised school code, MCL 380.1211,
19 and the number of mills of school operating taxes that could be levied
20 on all property as provided in section 1211(2) of the revised school
21 code, MCL 380.1211, as certified by the department of treasury for the
22 1994 tax year.
23 (e) "Homestead" means that term as defined in section 1211 of the
24 revised school code, MCL 380.1211.
25 (f) "Membership" means the definition of that term under section 6
26 as in effect for the particular fiscal year for which a particular
27 calculation is made.
1 (g) "Qualified agricultural property" means that term as defined
2 in section 1211 of the revised school code, MCL 380.1211.
3 (h) "Qualifying public school academy" means a public school
4 academy that was in operation in the 1994-95 school year and is in
5 operation in the current state fiscal year.
6 (i) "Qualifying university school" means a university school that
7 was in operation in the 1994-95 school year and is in operation in the
8 current fiscal year.
9 (j) "School operating taxes" means local ad valorem property taxes
10 levied under section 1211 of the revised school code, MCL 380.1211, and
11 retained for school operating purposes.
12 (k) "Taxable value per membership pupil" means each of the
13 following divided by the district's membership:
14 (i) For the number of mills by which the exemption from the levy
15 of school operating taxes on a homestead and qualified agricultural
16 property may be reduced as provided in section 1211(1) of the revised
17 school code, MCL 380.1211, the taxable value of homestead and qualified
18 agricultural property for the calendar year ending in the current state
19 fiscal year.
20 (ii) For the number of mills of school operating taxes that may be
21 levied on all property as provided in section 1211(2) of the revised
22 school code, MCL 380.1211, the taxable value of all property for the
23 calendar year ending in the current state fiscal year.
24 Sec. 22b. (1) From the appropriation in section 11, there is
25 allocated an amount not
to exceed $2,881,000,000.00 for 2003-2004
26 $2,900,000,000.00 for 2004-2005 for discretionary nonmandated payments
27 to districts under this section. Funds allocated under this section
1 that are not expended in the state fiscal year for which they were
2 allocated, as determined by the department, may be used to supplement
3 the allocations under sections 22a and 51c in order to fully fund those
4 calculated allocations for the same fiscal year.
5 (2) Subject to subsection (3) and section 11, the allocation to a
6 district under this section shall be an amount equal to the sum of the
7 amounts calculated under sections 20, 20j,51a(2), 51a(3), and 51a(12),
8 minus the sum of the allocations to the district under sections 22a and
9 51c.
10 (3) In order to receive an allocation under this section, each
11 district shall administer in each grade level that it operates in grades
12 1 to 5 a standardized assessment approved by the department of grade-
13 appropriate basic educational skills. A district may use the Michigan
14 literacy progress profile to satisfy this requirement for grades 1 to 3.
15 Also, if the revised school code is amended to require annual
16 assessments at additional grade levels, in order to receive an
17 allocation under this section each district shall comply with that
18 requirement.
19 (4) From the allocation in subsection (1), the department shall
20 expend funds to pay
for necessary costs associated with resolving
21 matters pending in
federal court impacting payments to districts,
22 including, but not
limited to, expert witness fees. Beginning in 2001-
23 2002, from the
allocation in subsection (1), the department shall also
24 pay up to $1,000,000.00 in litigation costs incurred by this state
25 associated with lawsuits filed by 1 or more districts or intermediate
26 districts against this state. If the allocation under this section is
27 insufficient to fully fund all payments required under this section, the
1 payments under this subsection shall be made in full before any
2 proration of remaining payments under this section.
3 (5) It is the intent of the legislature that all constitutional
4 obligations of this state have been fully funded under sections 22a,
5 31d, 51a, and 51c. If a claim is made by an entity receiving funds
6 under this act that challenges the legislative determination of the
7 adequacy of this funding or alleges that there exists an unfunded
8 constitutional requirement, the state budget director may escrow or
9 allocate from the discretionary funds for nonmandated payments under
10 this section the amount as may be necessary to satisfy the claim before
11 making any payments to districts under subsection (2). If funds are
12 escrowed, the escrowed funds are a work project appropriation and the
13 funds are carried forward into the following fiscal year. The purpose of
14 the work project is to provide for any payments that may be awarded to
15 districts as a result of litigation. The work project shall be
16 completed upon resolution of the litigation.
17 (6) If the local claims review board or a court of competent
18 jurisdiction makes a final determination that this state is in violation
19 of section 29 of article IX of the state constitution of 1963 regarding
20 state payments to districts, the state budget director shall use work
21 project funds under subsection (5) or allocate from the discretionary
22 funds for nonmandated payments under this section the amount as may be
23 necessary to satisfy the amount owed to districts before making any
24 payments to districts under subsection (2).
25 (7) If a claim is made in court that challenges the legislative
26 determination of the adequacy of funding for this state's constitutional
27 obligations or alleges that there exists an unfunded constitutional
1 requirement, any interested party may seek an expedited review of the
2 claim by the local claims review board. If the claim exceeds
3 $10,000,000.00, this state may remove the action to the court of
4 appeals, and the court of appeals shall have and shall exercise
5 jurisdiction over the claim.
6 (8) If payments resulting from a final determination by the local
7 claims review board or a court of competent jurisdiction that there has
8 been a violation of section 29 of article IX of the state constitution
9 of 1963 exceed the amount allocated for discretionary nonmandated
10 payments under this section, the legislature shall provide for adequate
11 funding for this state's constitutional obligations at its next
12 legislative session.
13 (9) If a lawsuit challenging payments made to districts related to
14 costs reimbursed by federal title XIX medicaid funds is filed against
15 this state during 2001-2002, 2002-2003, or 2003-2004, 50% of the amount
16 allocated in subsection (1) not previously paid out for 2002-2003, 2003-
17 2004, and each succeeding fiscal year is a work project appropriation
18 and the funds are carried forward into the following fiscal year. The
19 purpose of the work project is to provide for any payments that may be
20 awarded to districts as a result of the litigation. The work project
21 shall be completed upon resolution of the litigation. In addition, this
22 state reserves the right to terminate future federal title XIX medicaid
23 reimbursement payments to districts if the amount or allocation of
24 reimbursed funds is challenged in the lawsuit. As used in this
25 subsection, "title XIX" means title XIX of the social security act,
26 chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-6 and 1396r-8 to
27 1396v.
1 Sec. 24. (1) Subject to subsection (2), from the appropriation in
2 section 11, there is
allocated each fiscal year for 2002-2003, and for
3 2003-2004 2004-2005
to the educating district or intermediate district
4 an amount equal to 100% of the added cost each fiscal year for educating
5 all pupils assigned by a court or the family independence agency to
6 reside in or to attend a juvenile detention facility or child caring
7 institution licensed by
the family independence agency or the department
8 of consumer and
industry services and approved by the
department to
9 provide an on-grounds education program. The total amount to be paid
10 under this section for
added cost shall not exceed $8,900,000.00 for
11 2002-2003 and $8,000,000.00 for 2003-2004 2004-2005.
For the purposes
12 of this section, "added cost" shall be computed by deducting all other
13 revenue received under this act for pupils described in this section
14 from total costs, as approved by the department, in whole or in part,
15 for educating those pupils in the on-grounds education program or in a
16 program approved by the department that is located on property adjacent
17 to a juvenile detention facility or child caring institution. Costs
18 reimbursed by federal
funds are not included. For 2003-2004 only, for
19 an on-grounds
education program or a program located on property
20 adjacent to a juvenile
detention facility or child caring institution
21 that was not in
existence at the time the allocations under this section
22 were approved, the
department shall give approval for only that portion
23 of the educating
district's or intermediate district's total costs that
24 will not prevent the
allocated amounts under this section from first
25 being applied to 100%
of the added cost of the programs that were in
26 existence at the time
the preliminary allocations under this section
27 were approved.
1 (2) A district or intermediate district educating pupils described
2 in this section at a residential child caring institution may operate,
3 and receive funding under this section for, a department-approved on-
4 grounds educational program for those pupils that is longer than 181
5 days, but not longer than 233 days, if the child caring institution was
6 licensed as a child caring institution and offered in 1991-92 an on-
7 grounds educational program that was longer than 181 days but not longer
8 than 233 days and that was operated by a district or intermediate
9 district.
10 (3) Special education pupils funded under section 53a shall not be
11 funded under this section.
12 (4) The department
shall appoint a committee to study and make
13 recommendations
concerning issues related to the education of pupils
14 under this section,
including, but not limited to, pupil counts, cost
15 controls, and the
number and type of eligible programs under this
16 section. The
committee may include, but is not limited to, appointees
17 from 1 or more
adjudicated youth educators associations, the house
18 fiscal agency, the
senate fiscal agency, the department of management
19 and budget, the family
independence agency, the department of
20 corrections, the court
system, and the department. Not later than May
21 15, 2004, the
committee shall submit its recommendations to the house
22 and senate
appropriations subcommittees responsible for this act and to
23 the department of
management and budget.
24 Sec. 26. A district or intermediate district receiving money
25 pursuant to 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment
26 finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local
27 development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, or the
1 Brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to
2 125.2672, shall have its
funds received under section 20 22b, 56, or 62
3 reduced by an amount equal to the added local money.
4 Sec. 26a. From the school aid fund appropriation in section 11,
5 there is allocated an amount not to exceed $22,800,000.00 for 2004-2005
6 and from the general fund appropriation in section 11, there is
7 allocated an amount not
to exceed $29,960,000.00 for 2003-2004
8 $13,400,000.00 for 2004-2005 to reimburse districts, intermediate
9 districts, and the state school aid fund pursuant to section 12 of the
10 Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes
11 levied in 2003 2004.
This reimbursement shall be made by adjusting
12 payments under section
22a to eligible districts, adjusting payments
13 under section 56, 62,
or 81 to eligible intermediate districts, and
14 adjusting the state
school aid fund. The adjustments
allocations shall
15 be made not later than 60 days after the department of treasury
16 certifies to the department and to the state budget director that the
17 department of treasury has received all necessary information to
18 properly determine the
amounts due to each eligible recipient.
19 Sec. 31a. (1) From
the state school aid fund money appropriated
20 appropriation in section
11, there is allocated for 2003-2004 2004-2005
21 an amount not to exceed $314,200,000.00 for payments to eligible
22 districts and eligible public school academies under this section.
23 Subject to subsection (12), the amount of the additional allowance under
24 this section shall be based on the number of actual pupils in membership
25 in the district or public school academy who met the income eligibility
26 criteria for free breakfast, lunch, or milk in the immediately preceding
27 state fiscal year, as determined under the Richard B. Russell national
1 school lunch act, chapter 281, 60 Stat. 230, 42 U.S.C. 1751 to 1753,
2 1755 to 1761, 1762a, 1765 to 1766a, 1769, 1769b to 1769c, and 1769f to
3 1769h, and reported to the department by October 31 of the immediately
4 preceding fiscal year and adjusted not later than December 31 of the
5 immediately preceding fiscal year. However, for a public school academy
6 that began operations as a public school academy after the pupil
7 membership count day of the immediately preceding school year, the basis
8 for the additional allowance under this section shall be the number of
9 actual pupils in membership in the public school academy who met the
10 income eligibility criteria for free breakfast, lunch, or milk in the
11 current state fiscal year, as determined under the Richard B. Russell
12 national school lunch act.
13 (2) To be eligible to receive funding under this section, other
14 than funding under subsection (6), a district or public school academy
15 that has not been previously determined to be eligible shall apply to
16 the department, in a form and manner prescribed by the department, and a
17 district or public school academy must meet all of the following:
18 (a) The sum of the district's or public school academy's combined
19 state and local revenue per membership pupil in the current state fiscal
20 year, as calculated under section 20, plus the amount of the district's
21 per pupil allocation under section 20j(2), is less than or equal to
22 $6,500.00 adjusted by the dollar amount of the difference between the
23 basic foundation allowance under section 20 for the current state fiscal
24 year and $5,000.00, minus $200.00.
25 (b) The district or public school academy agrees to use the
26 funding only for purposes allowed under this section and to comply with
27 the program and accountability requirements under this section.
1 (3) Except as otherwise provided in this subsection, an eligible
2 district or eligible public school academy shall receive under this
3 section for each membership pupil in the district or public school
4 academy who met the income eligibility criteria for free breakfast,
5 lunch, or milk, as determined under the Richard B. Russell national
6 school lunch act and as reported to the department by October 31 of the
7 immediately preceding fiscal year and adjusted not later than December
8 31 of the immediately preceding fiscal year, an amount per pupil equal
9 to 11.5% of the sum of the district's foundation allowance or public
10 school academy's per pupil amount calculated under section 20, plus the
11 amount of the district's per pupil allocation under section 20j(2), not
12 to exceed $6,500.00 adjusted by the dollar amount of the difference
13 between the basic foundation allowance under section 20 for the current
14 state fiscal year and $5,000.00, minus $200.00, or of the public school
15 academy's per membership pupil amount calculated under section 20 for
16 the current state fiscal year. A public school academy that began
17 operations as a public school academy after the pupil membership count
18 day of the immediately preceding school year shall receive under this
19 section for each membership pupil in the public school academy who met
20 the income eligibility criteria for free breakfast, lunch, or milk, as
21 determined under the Richard B. Russell national school lunch act and as
22 reported to the department by October 31 of the current fiscal year and
23 adjusted not later than December 31 of the current fiscal year, an
24 amount per pupil equal to 11.5% of the public school academy's per
25 membership pupil amount calculated under section 20 for the current
26 state fiscal year.
27 (4) Except as otherwise provided in this section, a district or
1 public school academy receiving funding under this section shall use
2 that money only to provide instructional programs and direct
3 noninstructional services, including, but not limited to, medical or
4 counseling services, for at-risk pupils; for school health clinics; and
5 for the purposes of subsection (5) or (6). A district or public school
6 academy shall not use any of that money for administrative costs or to
7 supplant another program or other funds, except for funds allocated to
8 the district or public school academy under this section in the
9 immediately preceding year and already being used by the district or
10 public school academy for at-risk pupils. The instruction or direct
11 noninstructional services provided under this section may be conducted
12 before or after regular school hours or by adding extra school days to
13 the school year and may include, but are not limited to, tutorial
14 services, early childhood programs to serve children age 0 to 5, and
15 reading programs as
described in former section 32f as in effect for
16 2001-2002. A tutorial method may be conducted with paraprofessionals
17 working under the supervision of a certificated teacher. The ratio of
18 pupils to paraprofessionals shall be between 10:1 and 15:1. Only 1
19 certificated teacher is required to supervise instruction using a
20 tutorial method. As used in this subsection, "to supplant another
21 program" means to take the place of a previously existing instructional
22 program or direct noninstructional services funded from a funding source
23 other than funding under this section.
24 (5) Except as otherwise provided in subsection (11), a district or
25 public school academy that receives funds under this section and that
26 operates a school breakfast program under section 1272a of the revised
27 school code, MCL 380.1272a, shall use from the funds received under this
1 section an amount, not to exceed $10.00 per pupil for whom the district
2 or public school academy receives funds under this section, necessary to
3 operate the school breakfast program.
4 (6) From the funds allocated under subsection (1), there is
5 allocated beginning
with 2003-2004 for 2004-2005 an amount not to exceed
6 $3,743,000.00 to support teen health centers. These grants shall be
7 awarded for 3 consecutive years beginning with 2003-2004 in a form and
8 manner approved jointly by the department and the department of
9 community health. Each grant recipient shall remain in compliance with
10 the terms of the grant award or shall forfeit the grant award for the
11 duration of the 3-year period after the noncompliance. If any funds
12 allocated under this subsection are not used for the purposes of this
13 subsection for the fiscal year in which they are allocated, those unused
14 funds shall be used that fiscal year to avoid or minimize any proration
15 that would otherwise be required under subsection (12) for that fiscal
16 year.
17 (7) Each district or public school academy receiving funds under
18 this section shall submit to the department by July 15 of each fiscal
19 year a report, not to exceed 10 pages, on the usage by the district or
20 public school academy of funds under this section, which report shall
21 include at least a brief description of each program conducted by the
22 district or public school academy using funds under this section, the
23 amount of funds under this section allocated to each of those programs,
24 the number of at-risk pupils eligible for free or reduced price school
25 lunch who were served by each of those programs, and the total number of
26 at-risk pupils served by each of those programs. If a district or
27 public school academy does not comply with this subsection, the
1 department shall withhold an amount equal to the August payment due
2 under this section until the district or public school academy complies
3 with this subsection. If the district or public school academy does not
4 comply with this subsection by the end of the state fiscal year, the
5 withheld funds shall be forfeited to the school aid fund.
6 (8) In order to receive funds under this section, a district or
7 public school academy shall allow access for the department or the
8 department's designee to audit all records related to the program for
9 which it receives those funds. The district or public school academy
10 shall reimburse the state for all disallowances found in the audit.
11 (9) Subject to subsections (5), (6), and (11), any district may
12 use up to 100% of the funds it receives under this section to reduce the
13 ratio of pupils to teachers in grades K-6, or any combination of those
14 grades, in school buildings in which the percentage of pupils described
15 in subsection (1) exceeds the district's aggregate percentage of those
16 pupils. Subject to subsections (5), (6), and (11), if a district
17 obtains a waiver from the department, the district may use up to 100% of
18 the funds it receives under this section to reduce the ratio of pupils
19 to teachers in grades K-6, or any combination of those grades, in school
20 buildings in which the percentage of pupils described in subsection (1)
21 is at least 60% of the district's aggregate percentage of those pupils
22 and at least 30% of the total number of pupils enrolled in the school
23 building. To obtain a waiver, a district must apply to the department
24 and demonstrate to the satisfaction of the department that the class
25 size reductions would be in the best interests of the district's at-risk
26 pupils.
27 (10) A district or public school academy may use funds received
1 under this section for adult high school completion, general education
2 development (G.E.D.) test preparation, adult English as a second
3 language, or adult basic education programs described in section 107.
4 (11) For an individual school or schools operated by a district or
5 public school academy receiving funds under this section that have been
6 determined by the department to meet the adequate yearly progress
7 standards of the federal no child left behind act of 2001, Public Law
8 107-110, 115 Stat. 1425, in both mathematics and English language arts
9 at all applicable grade levels for all applicable subgroups, the
10 district or public school academy may submit to the department an
11 application for flexibility in using the funds received under this
12 section that are attributable to the pupils in the school or schools.
13 The application shall identify the affected school or schools and the
14 affected funds and shall contain a plan for using the funds for specific
15 purposes identified by the district that are designed to benefit at-risk
16 pupils in the school, but that may be different from the purposes
17 otherwise allowable under this section. The department shall approve
18 the application if the department determines that the purposes
19 identified in the plan are reasonably designed to benefit at-risk pupils
20 in the school. If the department does not act to approve or disapprove
21 an application within 30 days after it is submitted to the department,
22 the application is considered to be approved. If an application for
23 flexibility in using the funds is approved, the district may use the
24 funds identified in the application for any purpose identified in the
25 plan.
26 (12) If necessary, and before any proration required under section
27 11, the department shall prorate payments under this section by reducing
1 the amount of the per pupil payment under this section by a dollar
2 amount calculated by determining the amount by which the amount
3 necessary to fully fund the requirements of this section exceeds the
4 maximum amount allocated under this section and then dividing that
5 amount by the total statewide number of pupils who met the income
6 eligibility criteria for free breakfast, lunch, or milk in the
7 immediately preceding fiscal year, as described in subsection (1).
8 (13) If a district is formed by consolidation after June 1, 1995,
9 and if 1 or more of the original districts was not eligible before the
10 consolidation for an additional allowance under this section, the amount
11 of the additional allowance under this section for the consolidated
12 district shall be based on the number of pupils described in subsection
13 (1) enrolled in the consolidated district who reside in the territory of
14 an original district that was eligible before the consolidation for an
15 additional allowance under this section.
16 (14) A district or public school academy that does not meet the
17 eligibility requirement under subsection (2)(a) is eligible for funding
18 under this section if at least 1/4 of the pupils in membership in the
19 district or public school academy met the income eligibility criteria
20 for free breakfast, lunch, or milk in the immediately preceding state
21 fiscal year, as determined and reported as described in subsection (1),
22 and at least 4,500 of the pupils in membership in the district or public
23 school academy met the income eligibility criteria for free breakfast,
24 lunch, or milk in the immediately preceding state fiscal year, as
25 determined and reported as described in subsection (1). A district or
26 public school academy that is eligible for funding under this section
27 because the district meets the requirements of this subsection shall
1 receive under this section for each membership pupil in the district or
2 public school academy who met the income eligibility criteria for free
3 breakfast, lunch, or milk in the immediately preceding fiscal year, as
4 determined and reported as described in subsection (1), an amount per
5 pupil equal to 11.5% of the sum of the district's foundation allowance
6 or public school academy's per pupil allocation under section 20, plus
7 the amount of the district's per pupil allocation under section 20j(2),
8 not to exceed $6,500.00 adjusted by the dollar amount of the difference
9 between the basic foundation allowance under section 20 for the current
10 state fiscal year and $5,000.00, minus $200.00.
11 (15) As used in this section, "at-risk pupil" means a pupil for
12 whom the district has documentation that the pupil meets at least 2 of
13 the following criteria: is a victim of child abuse or neglect; is below
14 grade level in English language and communication skills or mathematics;
15 is a pregnant teenager or teenage parent; is eligible for a federal free
16 or reduced-price lunch subsidy; has atypical behavior or attendance
17 patterns; or has a family history of school failure, incarceration, or
18 substance abuse. For pupils for whom the results of at least the
19 applicable Michigan education assessment program (MEAP) test have been
20 received, at-risk pupil also includes a pupil who does not meet the
21 other criteria under this subsection but who did not achieve at least a
22 score of moderate Level
2 on the most recent MEAP reading test English
23 language arts, mathematics, or science test for which results for the
24 pupil have been received,
did not achieve at least a score of moderate
25 on the most recent
MEAP mathematics test for which results for the pupil
26 have been received, or
did not achieve at least a score of novice on the
27 most recent MEAP
science test for which results for the pupil have been
1 received. For pupils in grades K-3, at-risk pupil also
includes a pupil
2 who is at risk of not meeting the district's core academic curricular
3 objectives in English
language arts , communication skills, or
4 mathematics.
5 Sec. 31d. (1) From the appropriations in section 11, there is
6 allocated an amount not
to exceed $18,315,000.00 for 2002-2003 and an
7 amount not to exceed
$21,300,000.00 for 2003-2004 $21,095,100.00
for
8 2004-2005 for the purpose of making payments to districts and other
9 eligible entities under this section.
10 (2) The amounts allocated from state sources under this section
11 shall be used to pay the amount necessary to reimburse districts for
12 6.0127% of the necessary costs of the state mandated portion of the
13 school lunch programs provided by those districts. The amount due to
14 each district under this section shall be computed by the department
15 using the methods of calculation adopted by the Michigan supreme court
16 in the consolidated cases known as Durant v State of Michigan, Michigan
17 supreme court docket no. 104458-104492.
18 (3) The payments made under this section include all state
19 payments made to districts so that each district receives at least
20 6.0127% of the necessary costs of operating the state mandated portion
21 of the school lunch program in a fiscal year.
22 (4) The payments made under this section to districts and other
23 eligible entities that are not required under section 1272a of the
24 revised school code, MCL 380.1272a, to provide a school lunch program
25 shall be in an amount not to exceed $10.00 per eligible pupil plus 5
26 cents for each free lunch and 2 cents for each reduced price lunch
27 provided, as determined by the department.
1 (5) From the federal funds appropriated in section 11, there is
2 allocated for 2003-2004
2004-2005 all available federal funding,
3 estimated at $272,125,000.00, for the national school lunch program and
4 all available federal funding, estimated at $2,506,000.00, for the
5 emergency food assistance program.
6 (6) Notwithstanding section 17b, payments to eligible entities
7 other than districts under this section shall be paid on a schedule
8 determined by the department.
9 Sec. 32. From the appropriations in section 11 for 2004-2005,
10 there is allocated an amount not to exceed $82,600,000.00 from the
11 state school aid fund and an amount not to exceed $450,000.00 from the
12 general fund to fund project great start, as provided under sections
13 32c, 32d, 32f and 32j. The programs funded through this section are
14 for the purposes of improving parenting skills, encouraging early
15 literacy training, improving school readiness and mitigating the need
16 for special education services.
17 Sec. 32c. (1) From
the general fund appropriation allocation under
18 in section 11 32, there is allocated an
amount not to exceed $250,000.00
19 for 2003-2004 2004-2005
to the department for grants for community-based
20 collaborative prevention services designed to foster positive parenting
21 skills; improve parent/child interaction, especially for children 0-3
22 years of age; promote access to needed community services; increase
23 local capacity to serve families at risk; improve school readiness; and
24 support healthy family environments that discourage alcohol, tobacco,
25 and other drug use. The allocation under this section is to fund
26 secondary prevention programs as defined by the children's trust fund
27 for the prevention of child abuse and neglect.
1 (2) The funds allocated under subsection (1) shall be distributed
2 through a joint request for proposals process established by the
3 department in conjunction
with the children's trust fund and the state's
4 interagency systems
reform workgroup children’s action
network. Projects
5 funded with grants awarded under this section shall meet all of the
6 following:
7 (a) Be secondary prevention initiatives and voluntary to
8 consumers. This appropriation is not intended to serve the needs of
9 children for whom and families in which neglect or abuse has been
10 substantiated.
11 (b) Demonstrate that the planned services are part of a
12 community's integrated comprehensive family support strategy endorsed by
13 the local multi-purpose collaborative body.
14 (c) Provide a 25% local match, of which not more than 10% may be
15 in-kind services, unless
this requirement is waived by the interagency
16 systems reform
workgroup children’s action
network.
17 (3) Notwithstanding section 17b, payments under this section may
18 be made pursuant to an agreement with the department.
19 (4) An annual report of outcomes achieved by the providers of the
20 community-based collaborative prevention services shall be prepared and
21 submitted to the governor and the legislature not later than January 30
22 of the following fiscal year.
23 Sec. 32d. (1) From
the state school aid fund money appropriated
24 allocated under section 11
32, there is allocated an amount not to
25 exceed $72,600,000.00 for
2003-2004 2004-2005 for school readiness or
26 preschool and
parenting program grants to enable
eligible districts, as
27 determined under section 37, to develop or expand, in conjunction with
1 whatever federal funds may be available, including, but not limited to,
2 federal funds under title I of the elementary and secondary education
3 act of 1965, Public Law 89-10, 108 Stat. 3519, 20 U.S.C. 6301 to 6304,
4 6311 to 6339, 6361 to 6368, 6371 to 6376, 6381 to 6383, 6391 to 6399,
5 6421 to 6472, 6491 to 6494, 6511 to 6518, 6531 to 6537, 6551 to 6561i,
6 and 6571 to 6578, chapter 1 of title I of the Hawkins-Stafford
7 elementary and secondary school improvement amendments of 1988, Public
8 Law 89-10, 102 Stat. 140, and the head start act, subchapter B of
9 chapter 8 of subtitle A of title VI of the omnibus budget reconciliation
10 act of 1981, Public Law 97-35, 42 U.S.C. 9831 to 9835, 9836 to 9844,
11 9846, and 9848 to 9852, comprehensive compensatory programs designed to
12 do 1 or both of the
following:
13 (a) Improve improve
the readiness and subsequent achievement of
14 educationally disadvantaged children as defined by the department who
15 will be at least 4, but less than 5 years of age, as of December 1 of
16 the school year in which the programs are offered, and who show evidence
17 of 2 or more risk factors as defined in the state board report entitled
18 "children at risk" that was adopted by the state board on April 5, 1988.
19 (b) Provide
preschool and parenting education programs similar to
20 those under former
section 32b as in effect for 2001-2002.
21 (2) A comprehensive compensatory program funded under this section
22 may include an age-appropriate educational curriculum, nutritional
23 services, health screening for participating children, a plan for parent
24 and legal guardian involvement, and provision of referral services for
25 families eligible for community social services.
26 (3) In addition to
the allocation under subsection (1), from the
27 general fund money
allocated under section 11, there is allocated an
1 amount not to exceed
$200,000.00 for 2003-2004 for the purposes of
2 subsection (4).
3 (3) (4)
In addition to the allocation under subsection (1), From
4 from the general fund
allocation in subsection (3) under section 32,
5 there is allocated for 2003-2004
2004-2005 an amount not to exceed
6 $200,000.00 for a competitive grant to continue a longitudinal
7 evaluation of children who have participated in the Michigan school
8 readiness program.
9 (4) (5)
A district receiving a grant under this section may
10 contract for the provision of the comprehensive compensatory program and
11 retain for administrative services an amount equal to not more than 5%
12 of the grant amount.
13 (5) (6)
A grant recipient receiving funds under this section shall
14 report to the department no later than October 15 of each year the
15 number of children participating in the program who meet the income or
16 other eligibility criteria specified under section 37(3)(g) and the
17 total number of children participating in the program. For children
18 participating in the program who meet the income or other eligibility
19 criteria specified under section 37(3)(g), grant recipients shall also
20 report whether or not a parent is available to provide care based on
21 employment status. For the purposes of this subsection, "employment
22 status" shall be defined by the family independence agency in a manner
23 consistent with maximizing the amount of spending that may be claimed
24 for temporary assistance for needy families maintenance of effort
25 purposes.
26 Sec. 32f. (1) In
collaboration with central Michigan university,
27 the department shall From
the state school aid fund allocation under
1 section 32a(1), there
is allocated for 2001-2002 an amount not to exceed
2 $45,000,000.00 and for
2002-2003 and 2003-2004 $0.00, for grants under
3 this section. From the
general fund allocation under section 32a(1),
4 there is allocated
each fiscal year for 2001-2002, 2002-2003, and 2003-
5 2004 $0.00 for the
purposes of subsection (3).
6 (2) From the
allocation in subsection (1), there is allocated for
7 2001-2002 an amount
not to exceed $2,000,000.00 and for 2002-2003 and
8 2003-2004 $0.00, for
providing grants to the 8 regional literacy centers
9 for the purposes of
expanding training programs for trainers and
10 teachers in the use of
strategies for reading instruction and
11 assessment, including
the Michigan literacy progress profile.
12 (3) From the
general fund allocation in subsection (1), there is
13 allocated to the
department $0.00 each fiscal year for 2001-2002, 2002-
14 2003, and 2003-2004
for the development and dissemination of
develop and
15 disseminate read,
educate, and develop youth (READY) (R.E.A.D.Y) kits to
16 parents of preschool and kindergarten children to provide these parents
17 with information about how they can prepare their children for reading
18 success.
19 (4) From the
general fund allocation in subsection (1), there is
20 allocated to the
department each fiscal year for 2001-2002, 2002-2003,
21 and 2003-2004 $0.00
for the grant review process and grant
22 administration under
this section.
23 (5) Except as
otherwise provided in subsection (17), to be
24 eligible for a grant
under this section, a district must have had at
25 least 1,500 pupils in
membership in 1998-99, and the number of pupils in
26 the district that have
been determined to have a specific learning
27 disability according
to R 340.1713 of the Michigan administrative code,
1 as determined in the December 1, 1998 head count required under the
2 individuals with
disabilities education act, title VI of Public Law 91-
3 230, must equal or
exceed 5% of the district's membership. In addition,
4 A district is eligible
for a grant under this section if the district
5 had at least 1,500
pupils in membership in 1998-99 and if not more than
6 41% of the district's
pupils who took the spring 1999 fourth grade MEAP
7 reading test achieved
a score of at least satisfactory. Except as
8 otherwise provided in
subsection (17), for a public school academy to be
9 eligible for a grant
under this section, the public school academy must
10 be located in a
district that is eligible under this subsection.
11 (6) From the
allocation in subsection (1), there is allocated for
12 2001-2002 an amount
not to exceed $43,000,000.00 and for 2002-2003 and
13 2003-2004 $0.00, for
competitive grants to eligible districts, to
14 intermediate
districts, and to public school academies located within
15 eligible districts for
reading improvements programs for pupils in
16 grades K to 4, reading
disorders and reading methods programs, mentoring
17 programs, language and
literacy outreach programs, or cognitive
18 development programs.
For 2001-2002, grants under this subsection shall
19 be paid to grant
recipients in the same proportion of the total
20 allocation under this
subsection as for 2000-2001. If the legislature
21 enacts legislation
authorizing the appropriation of federal funds for
22 reading improvement
programs for 2001-2002, for 2002-2003, or for 2003-
23 2004, then it is the
intent of the legislature that these funds be used
24 to the extent possible
for the purposes of this subsection. Federal
25 funds received for
reading improvement programs that can be used for
26 substantially similar
purposes as described under this section shall be
27 first expended for the
purposes of this subsection before funds
1 appropriated from the
state school aid fund allocated under this
2 subsection, and the
expenditure of funds under this subsection from the
3 state school aid fund
shall be reduced by an amount equal to the amount
4 of the expenditure of
federal funds under this subsection. If any
5 conflict exists
between federal reading program guidelines and this
6 section, federal law
will control.
7 (7) Except as
otherwise provided in subsection (17), to qualify
8 for funding under this
section, a proposed reading improvement program
9 must meet all of the
following:
10 (a) The program
shall include assessment of reading skills of
11 pupils in grades K to
4 to identify those pupils who are reading below
12 grade level and must
provide special reading assistance for these
13 pupils.
14 (b) The program
shall be a research-based, validated, structured
15 reading program.
16 (c) The program
shall include continuous assessment of pupils and
17 individualized
education plans for pupils.
18 (d) The program
shall align learning resources to state standards.
19 (e) For each
school building receiving funding under this section
20 for a reading
improvement program, the program shall serve at least 25%
21 of pupils who are
identified as at-risk, as determined by the Michigan
22 literacy progress
profile, of reading failure, and the amount of the
23 grant shall not exceed
$85,000.00 per school building annually.
24 (8) Funds
allocated for programs described in subsection (7) may
25 be used to reimburse
grant recipients for funds paid by districts for up
26 to 1/2 of the salaries
and benefits for each teacher trained and
27 certified to provide a
reading improvement program.
1 (9) Except as
otherwise provided under subsection (17), to qualify
2 for funding under this
section, a proposed mentoring program
must be a
3 research-based,
validated program or a statewide 1-to-1 mentoring
4 program to enhance the
independence and life quality of
pupils who are
5 mentally impaired by
providing opportunities for mentoring and
6 integrated
employment.
7 (10) Except as
otherwise provided under subsection (17), to
8 qualify for funding
under this section, a proposed cognitive development
9 program must be a
research-based, validated educational service program,
10 focused on assessing
and building essential cognitive and perceptual
11 learning abilities to
strengthen pupil concentration and learning.
12 (11) Except as
otherwise provided under subsection (17), to
13 qualify for funding
under this section, a proposed structured mentoring-
14 tutorial reading
program for preschool to grade 4 pupils must be a
15 research-based,
validated program that develops individualized
16 instructional plans
based on each pupil's age, assessed needs, reading
17 level, interests, and
learning style.
18 (12) A program
receiving funding under this section may be
19 conducted outside of
regular school hours or outside the regular school
20 calendar.
21 (13) To compete
for a grant under this section, an applicant shall
22 apply to the
superintendent in the form and manner prescribed by the
23 superintendent. The
department shall make applications available for
24 this purpose. An
applicant shall include in its application a projected
25 budget for the
programs. The grant recipient shall provide at least a
26 20% local match from
local public or private resources for the funds
27 received under this
section. Not more than 1/2 of this matching
1 requirement, up to a
total of 10% of the total project budget, may be
2 satisfied through
in-kind services provided by participating providers
3 of programs or
services. In addition, not more than 10% of the grant may
4 be used for program
administration.
5 (14) The
superintendent shall approve or disapprove applications
6 and notify the
applicant of that decision. Priority in awarding grants
7 shall be given to
programs that focus on accelerating student
8 achievement on a
cost-effective basis, reducing the number of pupils
9 requiring special
education programs and services, and improving pupil
10 scores on standardized
tests and assessments.
11 (15) A grant
recipient receiving funds under this section shall
12 report to the
department, in the form and manner prescribed by the
13 department, on the
results achieved by the program. At a minimum, the
14 grant recipient shall
report to the department by October 15 regarding
15 the program's impact
on reducing the number of pupils requiring special
16 education programs and
services and on improving pupil scores on
17 standardized tests and
assessments, and information on the costs and
18 benefits per unit of
pupil improvement. In addition, the report shall
19 state the number of
pupils eligible for free or reduced price school
20 lunch who received
services under the program and the total number of
21 pupils who received
services under the program. Not later than November
22 15 of each fiscal
year, the department shall submit a report to the
23 legislature, the state
budget director, and the senate and house fiscal
24 agencies detailing the
results of the programs. It is the intent of the
25 legislature that
further funding for the programs under this section
26 will reflect the
results achieved in these programs.
27 (16)
Notwithstanding section 17b, payments under this section
1 shall be paid on a
schedule determined by the department.
2 (17) For a
district or public school academy awarded a grant under
3 former section 32, the
determination of whether the district or public
4 school academy is
eligible for a grant under this section may be made
5 according to the
eligibility standards in effect under former section
6 32. Further, the
district or public school academy may continue to use
7 the grant proceeds for
any use permissible under this section or former
8 section 32 as in
effect at the time the district or public school
9 academy was awarded
the grant.
10 (18) If the
maximum amount appropriated under this section exceeds
11 the amount necessary
to fully fund allocations under this section, that
12 excess amount shall
not be expended in that state fiscal year but shall
13 instead be carried
forward to the succeeding fiscal year and added to
14 any funds appropriated
for that fiscal year for expenditure in that
15 fiscal year.
16 (19) A district
that received funding for 1999-2000 under former
17 section 32 shall
receive funding under this section for 2001-2002.
18 (20) A district or
intermediate district receiving funds under
19 this section may carry
over any unexpended funds received under this
20 section to subsequent
fiscal years and may expend those unused funds in
21 subsequent fiscal
years.
22 Sec. 32j. (1) From
the appropriation in allocation under section
23 11 32, there is allocated an amount not to exceed
$3,326,000.00
24 $10,000,000.00 for
2003-2004 2004-2005 for great parents, great start
25 grants to intermediate districts to provide programs for parents with
26 preschool children. The purpose of these programs is to encourage early
27 literacy, improve school readiness, reduce the need for special
1 education services, and foster the maintenance of stable families by
2 encouraging positive parenting skills.
3 (2) To qualify for funding under this section, a program shall
4 provide services to all families with children age 5 or younger residing
5 within the intermediate district who choose to participate, including at
6 least all of the following services:
7 (a) Providing parents with information on child development from
8 birth to age 5.
9 (b) Providing parents with methods to enhance parent-child
10 interaction; including, but not limited to, encouraging parents to read
11 to their preschool children at least 1/2 hour per day.
12 (c) Providing parents with examples of learning opportunities to
13 promote intellectual, physical, and social growth of preschoolers.
14 (d) Promoting access to needed community services through a
15 community-school-home partnership.
16 (3) To compete for a grant under this section, an intermediate
17 district shall apply to
the department not later than October 1, 2003
18 2004 in the form and manner prescribed by the department. To be
19 considered for a grant under this section, a grant application shall do
20 all of the following in a manner prescribed by the department:
21 (a) Provide a plan for the delivery of the program components
22 described in subsection (2) that provides for educators trained in child
23 development to help parents understand their role in their child’s
24 developmental process, thereby promoting school readiness and mitigating
25 the need for special education services.
26 (b) Demonstrate an adequate collaboration of local entities
27 involved in providing programs and services for preschool children and
1 their parents.
2 (c) Provide a projected budget for the program to be funded. The
3 intermediate district shall provide at least a 20% local match from
4 local public or private resources for the funds received under this
5 section. Not more than 1/2 of this matching requirement, up to a total
6 of 10% of the total project budget, may be satisfied through in-kind
7 services provided by participating providers of programs or services.
8 In addition, not more than 10% of the grant may be used for program
9 administration.
10 (4) Each successful grant recipient of a grant under this section
11 shall agree to include a
data collection system and an evaluation tool
12 approved by the
department. to measure the impact of the program on
13 improving school
readiness and fostering the maintenance of stable
14 families. The data collection system shall provide a report by
October
15 15 of each year on the number of children in families with income below
16 200% of the federal poverty level that received services under this
17 program and the total number of children who received services under
18 this program.
19 (5) The department or superintendent, as applicable, shall do all
20 of the following:
21 (a) The department shall make applications available for the
22 purposes of this section
not later than August 15, 2003 2004.
23 (b) The superintendent shall approve or disapprove applications
24 and notify the applying intermediate district of that decision not later
25 than November 15, 2003 2004. The amount of each
approved grant shall
26 not exceed 3.5% 10.5%
of the intermediate district's 2002-2003 payment
27 under section 81.
1 (c) The department shall ensure that all programs funded under
2 this section utilize the most current validated research-based methods
3 and curriculum for providing the program components described in
4 subsection (2).
5 (d) The department shall submit a report to the state budget
6 director and the senate
and house fiscal agencies detailing the
7 evaluations summarizing the data collection reports
described in
8 subsection (4) by December 1 of each year.
9 (6) An intermediate district receiving funds under this section
10 shall use the funds only for the program funded under this section. An
11 intermediate district receiving funds under this section may carry over
12 any unexpended funds received under this section to subsequent fiscal
13 years and may expend those unused funds in subsequent fiscal years.
14 Sec. 39a. (1) From the federal funds appropriation in section 11,
15 there is allocated for 2003-2004
2004-2005 to districts, intermediate
16 districts, and other eligible entities all available federal funding,
17 estimated at $665,458,500.00,
$664,225,900.00 for the federal programs
18 under the no child left behind act of 2001, Public Law 107-110, 115
19 Stat. 1425. These funds
are allocated for each fiscal year as follows:
20 (a) An amount estimated at $1,666,300.00 for community service
21 state grants, funded from DED-OESE, community service state grant funds.
22 (b) An amount
estimated at $15,946,200.00 $16,399,300.00 to
23 provide students with drug- and violence-prevention programs and to
24 implement strategies to improve school safety, funded from DED-OESE,
25 drug-free schools and communities funds.
26 (c) An amount estimated at $14,546,300.00 for the purpose of
27 improving teaching and learning through a more effective use of
1 technology, funded from DED-OESE, educational technology state grant
2 funds.
3 (d) An amount
estimated at $105,570,600.00 $105,785,600.00 for the
4 purpose of preparing, training, and recruiting high-quality teachers and
5 class size reduction, funded from DED-OESE, improving teacher quality
6 funds.
7 (e) An amount
estimated at $4,647,700.00 $3,967,900.00 for
8 programs to teach English to limited English proficient (LEP) children,
9 funded from DED-OESE, language acquisition state grant funds.
10 (f) An amount estimated at $8,550,000.00 for the Michigan charter
11 school subgrant program, funded from DED-OESE, charter school funds.
12 (g) An amount
estimated at $247,600.00 $40,000.00 for Michigan
13 model partnership for character education programs, funded from DED-
14 OESE, title X, fund for improvement of education funds.
15 (h) An amount
estimated at $2,010,100.00 $610,100.00 for rural and
16 low income schools, funded from DED-OESE, rural and low income school
17 funds.
18 (i) An amount estimated at $11,123,700.00 to help schools develop
19 and implement comprehensive school reform programs, funded from DED-
20 OESE, title I and title X, comprehensive school reform funds.
21 (j) An amount
estimated at $427,000,000.00 $427,165,000.00 to
22 provide supplemental programs to enable educationally disadvantaged
23 children to meet challenging academic standards, funded from DED-OESE,
24 title I, disadvantaged children funds.
25 (k) An amount estimated at $8,246,600.00 for the purpose of
26 providing unified family literacy programs, funded from DED-OESE, title
27 I, even start funds.
1 (l) An amount estimated at $8,953,100.00 for the purpose of
2 identifying and serving migrant children, funded from DED-OESE, title I,
3 migrant education funds.
4 (m) An amount estimated
at $22,779,000.00 $23,000,700.00 to
5 promote high-quality school reading instruction for grades K-3, funded
6 from DED-OESE, title I, reading first state grant funds.
7 (n) An amount estimated at $13,475,000.00 for the purpose of
8 implementing innovative strategies for improving student achievement,
9 funded from DED-OESE, title VI, innovative strategies funds.
10 (o) An amount estimated at $20,696,300.00 for the purpose of
11 providing high-quality extended learning opportunities, after school and
12 during the summer, for children in low-performing schools, funded from
13 DED-OESE, twenty-first century community learning center funds.
14 (2) From the federal funds appropriation in section 11, there is
15 allocated for 2003-2004
2004-2005 to districts, intermediate districts,
16 and other eligible
entities all available federal funding, estimated at
17 $5,421,800.00 $4,821,800.00 each fiscal year, for the
following programs
18 that are funded by federal grants:
19 (a) An amount estimated at $600,000.00 for acquired
20 immunodeficiency syndrome education grants, funded from HHS-center for
21 disease control, AIDS funding.
22 (b) An amount
estimated at $1,553,500.00 $953,500.00 for emergency
23 services to immigrants, funded from DED-OBEMLA, emergency immigrant
24 education assistance funds.
25 (c) An amount estimated at $1,468,300.00 to provide services to
26 homeless children and youth, funded from DED-OVAE, homeless children and
27 youth funds.
1 (d) An amount estimated at $1,000,000.00 for refugee children
2 school impact grants, funded from HHS-ACF, refugee children school
3 impact funds.
4 (e) An amount estimated at $800,000.00 for serve America grants,
5 funded from the corporation for national and community service funds.
6 (3) All federal funds allocated under this section shall be
7 distributed in accordance with federal law and with flexibility
8 provisions outlined in Public Law 107-116, 115 Stat. 2177 and in the
9 education flexibility partnership act of 1999, Public Law 106-25, 113
10 Stat. 41. Notwithstanding section 17b, payments of federal funds to
11 districts, intermediate districts, and other eligible entities under
12 this section shall be paid on a schedule determined by the department.
13 (4) As used in this section:
14 (a) "DED" means the United States department of education.
15 (b) "DED-OBEMLA" means the DED office of bilingual education and
16 minority languages affairs.
17 (c) "DED-OESE" means the DED office of elementary and secondary
18 education.
19 (d) "DED-OVAE" means the DED office of vocational and adult
20 education.
21 (e) "HHS" means the United States department of health and human
22 services.
23 (f) "HHS-ACF" means the HHS administration for children and
24 families.
25 Sec. 41. From the appropriation in section 11, there is allocated
26 an amount not to exceed
$2,800,000.00 for 2003-2004 2004-2005 to
27 applicant districts and intermediate districts offering programs of
1 instruction for pupils of limited English-speaking ability under section
2 1153 of the revised school code, MCL 380.1153. Reimbursement shall be on
3 A per pupil basis and shall be based on the number of pupils of limited
4 English-speaking ability in membership on the pupil membership count
5 day. Funds allocated under this section shall be used solely for
6 instruction in speaking, reading, writing, or comprehension of English.
7 A pupil shall not be counted under this section or instructed in a
8 program under this section for more than 3 years.
9 Sec. 41a. From the federal funds appropriated in section 11, there
10 is allocated an amount estimated at $1,232,100.00 for 2004-2005 from the
11 United States department of education - office of elementary and
12 secondary education, language acquisition state grant funds, to
13 districts and intermediate districts offering programs of instruction
14 for pupils of limited English-speaking ability.
15 Sec. 51a. (1) From the appropriation in section 11, there is
16 allocated for 2003-2004
2004-2005 an amount not to exceed
17 $882,683,000.00 $906,283,000.00 from state sources and all
available
18 federal funding under sections 611 to 619 of part B of the individuals
19 with disabilities education act, title VI of Public Law 91-230, 20
20 U.S.C. 1411 to 1419,
estimated at $285,000,000.00 $284,850,000.00 for
21 2003-2004 2004-2005 plus any carryover federal funds
from previous year
22 appropriations. The allocations under this subsection are for the
23 purpose of reimbursing districts and intermediate districts for special
24 education programs, services, and special education personnel as
25 prescribed in article 3 of the revised school code, MCL 380.1701 to
26 380.1766; net tuition payments made by intermediate districts to the
27 Michigan schools for the deaf and blind; and special education programs
1 and services for pupils who are eligible for special education programs
2 and services according to statute or rule. For meeting the costs of
3 special education programs and services not reimbursed under this
4 article, a district or intermediate district may use money in general
5 funds or special education funds, not otherwise restricted, or
6 contributions from districts to intermediate districts, tuition
7 payments, gifts and contributions from individuals, or federal funds
8 that may be available for this purpose, as determined by the
9 intermediate district plan prepared pursuant to article 3 of the revised
10 school code, MCL 380.1701 to 380.1766. All federal funds allocated
11 under this section in excess of those allocated under this section for
12 2002-2003 may be distributed in accordance with the flexible funding
13 provisions of the individuals with disabilities education act, title VI
14 of Public Law 91-230, including, but not limited to, 34 C.F.R. 300.234
15 and 300.235. Notwithstanding section 17b, payments of federal funds to
16 districts, intermediate districts, and other eligible entities under
17 this section shall be paid on a schedule determined by the department.
18 (2) From the funds allocated under subsection (1), there is
19 allocated for 2003-2004
the amount necessary, estimated at
20 $160,500,000.00 for
2003-2004, $169,900,000.00 for
2004-2005, for
21 payments toward reimbursing districts and intermediate districts for
22 28.6138% of total approved costs of special education, excluding costs
23 reimbursed under section 53a, and 70.4165% of total approved costs of
24 special education transportation. Allocations under this subsection
25 shall be made as follows:
26 (a) The initial amount allocated to a district under this
27 subsection toward fulfilling the specified percentages shall be
1 calculated by multiplying the district's special education pupil
2 membership, excluding pupils described in subsection (12), times the sum
3 of the foundation allowance under section 20 of the pupil's district of
4 residence plus the amount of the district's per pupil allocation under
5 section 20j(2), not to exceed $6,500.00 adjusted by the dollar amount of
6 the difference between the basic foundation allowance under section 20
7 for the current fiscal year and $5,000.00 minus $200.00, or, for a
8 special education pupil in membership in a district that is a public
9 school academy or university school, times an amount equal to the amount
10 per membership pupil calculated under section 20(6). For an
11 intermediate district, the amount allocated under this subdivision
12 toward fulfilling the specified percentages shall be an amount per
13 special education membership pupil, excluding pupils described in
14 subsection (12), and shall be calculated in the same manner as for a
15 district, using the foundation allowance under section 20 of the pupil's
16 district of residence, not to exceed $6,500.00 adjusted by the dollar
17 amount of the difference between the basic foundation allowance under
18 section 20 for the current fiscal year and $5,000.00 minus $200.00, and
19 that district's per pupil allocation under section 20j(2).
20 (b) After the allocations under subdivision (a), districts and
21 intermediate districts for which the payments under subdivision (a) do
22 not fulfill the specified percentages shall be paid the amount necessary
23 to achieve the specified percentages for the district or intermediate
24 district.
25 (3) From the funds allocated under subsection (1), there is
26 allocated for 2003-2004
2004-2005 the amount necessary, estimated at
27 $2,600,000.00, $2,100,000.00, to
make payments to districts and
1 intermediate districts under this subsection. If the amount allocated
2 to a district or intermediate district for a fiscal year under
3 subsection (2)(b) is less than the sum of the amounts allocated to the
4 district or intermediate district for 1996-97 under sections 52 and 58,
5 there is allocated to the district or intermediate district for the
6 fiscal year an amount equal to that difference, adjusted by applying the
7 same proration factor that was used in the distribution of funds under
8 section 52 in 1996-97 as adjusted to the district's or intermediate
9 district's necessary costs of special education used in calculations for
10 the fiscal year. This adjustment is to reflect reductions in special
11 education program operations between 1996-97 and subsequent fiscal
12 years. Adjustments for reductions in special education program
13 operations shall be made in a manner determined by the department and
14 shall include adjustments for program shifts.
15 (4) If the department determines that the sum of the amounts
16 allocated for a fiscal year to a district or intermediate district under
17 subsection (2)(a) and (b) is not sufficient to fulfill the specified
18 percentages in subsection (2), then the shortfall shall be paid to the
19 district or intermediate district during the fiscal year beginning on
20 the October 1 following the determination and payments under subsection
21 (3) shall be adjusted as necessary. If the department determines that
22 the sum of the amounts allocated for a fiscal year to a district or
23 intermediate district under subsection (2)(a) and (b) exceeds the sum of
24 the amount necessary to fulfill the specified percentages in subsection
25 (2), then the department shall deduct the amount of the excess from the
26 district's or intermediate district's payments under this act for the
27 fiscal year beginning on the October 1 following the determination and
1 payments under subsection (3) shall be adjusted as necessary. However,
2 if the amount allocated under subsection (2)(a) in itself exceeds the
3 amount necessary to fulfill the specified percentages in subsection (2),
4 there shall be no deduction under this subsection.
5 (5) State funds shall be allocated on a total approved cost basis.
6 Federal funds shall be allocated under applicable federal requirements,
7 except that an amount not to exceed $3,500,000.00 may be allocated by
8 the department for 2003-2004
2004-2005 to districts or intermediate
9 districts on a competitive grant basis for programs, equipment, and
10 services that the department determines to be designed to benefit or
11 improve special education on a statewide scale.
12 (6) From the amount allocated in subsection (1), there is
13 allocated an amount not
to exceed $2,200,000.00 for 2003-2004 2004-2005
14 to reimburse 100% of the net increase in necessary costs incurred by a
15 district or intermediate district in implementing the revisions in the
16 administrative rules for special education that became effective on July
17 1, 1987. As used in this subsection, "net increase in necessary costs"
18 means the necessary additional costs incurred solely because of new or
19 revised requirements in the administrative rules minus cost savings
20 permitted in implementing the revised rules. Net increase in necessary
21 costs shall be determined in a manner specified by the department.
22 (7) For purposes of this article, all of the following apply:
23 (a) "Total approved costs of special education" shall be
24 determined in a manner specified by the department and may include
25 indirect costs, but shall not exceed 115% of approved direct costs for
26 section 52 and section 53a programs. The total approved costs include
27 salary and other compensation for all approved special education
1 personnel for the program, including payments for social security and
2 medicare and public school employee retirement system contributions.
3 The total approved costs do not include salaries or other compensation
4 paid to administrative personnel who are not special education personnel
5 as defined in section 6 of the revised school code, MCL 380.6. Costs
6 reimbursed by federal funds, other than those federal funds included in
7 the allocation made under this article, are not included. Special
8 education approved personnel not utilized full time in the evaluation of
9 students or in the delivery of special education programs, ancillary,
10 and other related services shall be reimbursed under this section only
11 for that portion of time actually spent providing these programs and
12 services, with the exception of special education programs and services
13 provided to youth placed in child caring institutions or juvenile
14 detention programs approved by the department to provide an on-grounds
15 education program.
16 (b) Reimbursement for ancillary and other related services, as
17 defined by R 340.1701c of the Michigan administrative code, shall not be
18 provided when those services are covered by and available through
19 private group health insurance carriers or federal reimbursed program
20 sources unless the department and district or intermediate district
21 agree otherwise and that agreement is approved by the state budget
22 director. Expenses, other than the incidental expense of filing, shall
23 not be borne by the parent. In addition, the filing of claims shall not
24 delay the education of a pupil. A district or intermediate district
25 shall be responsible for payment of a deductible amount and for an
26 advance payment required until the time a claim is paid.
27 (8) From the allocation in subsection (1), there is allocated for
1 2003-2004 2004-2005 an amount not to exceed
$15,313,900.00 to
2 intermediate districts. The payment under this subsection to each
3 intermediate district shall be equal to the amount of the 1996-97
4 allocation to the intermediate district under subsection (6) of this
5 section as in effect for 1996-97.
6 (9) A pupil who is enrolled in a full-time special education
7 program conducted or administered by an intermediate district or a pupil
8 who is enrolled in the Michigan schools for the deaf and blind shall not
9 be included in the membership count of a district, but shall be counted
10 in membership in the intermediate district of residence.
11 (10) Special education personnel transferred from 1 district to
12 another to implement the revised school code shall be entitled to the
13 rights, benefits, and tenure to which the person would otherwise be
14 entitled had that person been employed by the receiving district
15 originally.
16 (11) If a district or intermediate district uses money received
17 under this section for a purpose other than the purpose or purposes for
18 which the money is allocated, the department may require the district or
19 intermediate district to refund the amount of money received. Money
20 that is refunded shall be deposited in the state treasury to the credit
21 of the state school aid fund.
22 (12) From the funds allocated in subsection (1), there is
23 allocated for 2003-2004
2004-2005 the amount necessary, estimated at
24 $6,300,000.00 $6,800,000.00, to pay the foundation
allowances for pupils
25 described in this subsection. The allocation to a district under this
26 subsection shall be calculated by multiplying the number of pupils
27 described in this subsection who are counted in membership in the
1 district times the sum of the foundation allowance under section 20 of
2 the pupil's district of residence plus the amount of the district's per
3 pupil allocation under section 20j(2), not to exceed $6,500.00 adjusted
4 by the dollar amount of the difference between the basic foundation
5 allowance under section 20 for the current fiscal year and $5,000.00
6 minus $200.00, or, for a pupil described in this subsection who is
7 counted in membership in a district that is a public school academy or
8 university school, times an amount equal to the amount per membership
9 pupil under section 20(6). The allocation to an intermediate district
10 under this subsection shall be calculated in the same manner as for a
11 district, using the foundation allowance under section 20 of the pupil's
12 district of residence, not to exceed $6,500.00 adjusted by the dollar
13 amount of the difference between the basic foundation allowance under
14 section 20 for the current fiscal year and $5,000.00 minus $200.00, and
15 that district's per pupil allocation under section 20j(2). This
16 subsection applies to all of the following pupils:
17 (a) Pupils described in section 53a.
18 (b) Pupils counted in membership in an intermediate district who
19 are not special education pupils and are served by the intermediate
20 district in a juvenile detention or child caring facility.
21 (c) Emotionally impaired pupils counted in membership by an
22 intermediate district and provided educational services by the
23 department of community health.
24 (13) After payments under subsections (2) and (12) and section
25 51c, the remaining expenditures from the allocation in subsection (1)
26 shall be made in the following order:
27 (a) 100% of the reimbursement required under section 53a.
1 (b) 100% of the reimbursement required under subsection (6).
2 (c) 100% of the payment required under section 54.
3 (d) 100% of the payment required under subsection (3).
4 (e) 100% of the payment required under subsection (8).
5 (f) 100% of the payments under section 56.
6 (14) The allocations under subsection (2), subsection (3), and
7 subsection (12) shall be allocations to intermediate districts only and
8 shall not be allocations to districts, but instead shall be calculations
9 used only to determine the state payments under section 22b.
10 Sec. 51c. As required by the court in the consolidated cases
11 known as Durant v State of Michigan, Michigan supreme court docket no.
12 104458-104492, from the allocation under section 51a(1), there is
13 allocated for 2003-2004
2004-2005 the amount necessary, estimated at
14 $644,400,000.00, $658,600,000.00, for payments to reimburse
districts
15 for 28.6138% of total approved costs of special education excluding
16 costs reimbursed under section 53a, and 70.4165% of total approved costs
17 of special education transportation. Funds allocated under this section
18 that are not expended in the state fiscal year for which they were
19 allocated, as determined by the department, may be used to supplement
20 the allocations under sections 22a and 22b in order to fully fund those
21 calculated allocations for the same fiscal year.
22 Sec. 51d. (1) From the federal funds appropriated in section 11,
23 there is allocated for 2003-2004
2004-2005 all available federal
24 funding, estimated at $60,500,000.00, for special education programs
25 that are funded by federal grants. All federal funds allocated under
26 this section shall be distributed in accordance with federal law.
27 Notwithstanding section 17b, payments of federal funds to districts,
1 intermediate districts, and other eligible entities under this section
2 shall be paid on a schedule determined by the department.
3 (2) From the federal funds allocated under subsection (1), the
4 following amounts are
allocated for 2003-2004 2004-2005:
5 (a) An amount estimated at $16,000,000.00 for handicapped infants
6 and toddlers, funded from DED-OSERS, handicapped infants and toddlers
7 funds.
8 (b) An amount estimated at $13,500,000.00 for preschool grants
9 (Public Law 94-142), funded from DED-OSERS, handicapped preschool
10 incentive funds.
11 (c) An amount estimated at $31,000,000.00 for special education
12 programs funded by DED-OSERS, handicapped program, individuals with
13 disabilities act funds.
14 (3) As used in this section, "DED-OSERS" means the United States
15 department of education office of special education and rehabilitative
16 services.
17 Sec. 53a. (1) For districts, reimbursement for pupils described in
18 subsection (2) ,
reimbursement shall be 100% of the total approved costs
19 of operating special education programs and services approved by the
20 department and included in the intermediate district plan adopted
21 pursuant to article 3 of the revised school code, MCL 380.1701 to
22 380.1766, minus the district's foundation allowance calculated under
23 section 20, and minus the amount calculated for the district under
24 section 20j. For intermediate districts, reimbursement for pupils
25 described in section (2) shall be calculated in the same manner as for a
26 district, using the foundation allowance under section 20 of the pupil's
27 district of residence, not to exceed $6,500.00 adjusted by the dollar
1 amount of the difference between the basic foundation allowance under
2 section 20 for the current fiscal year and $5,000.00, minus $200.00, and
3 under section 20j.
4 (2) Reimbursement under subsection (1) is for the following
5 special education pupils:
6 (a) Pupils assigned to a district or intermediate district through
7 the community placement program of the courts or a state agency, if the
8 pupil was a resident of another intermediate district at the time the
9 pupil came under the jurisdiction of the court or a state agency.
10 (b) Pupils who are residents of institutions operated by the
11 department of community health.
12 (c) Pupils who are former residents of department of community
13 health institutions for the developmentally disabled who are placed in
14 community settings other than the pupil's home.
15 (d) Pupils enrolled in a department-approved on-grounds
16 educational program longer than 180 days, but not longer than 233 days,
17 at a residential child care institution, if the child care institution
18 offered in 1991-92 an on-grounds educational program longer than 180
19 days but not longer than 233 days.
20 (e) Pupils placed in a district by a parent for the purpose of
21 seeking a suitable home, if the parent does not reside in the same
22 intermediate district as the district in which the pupil is placed.
23 (3) Only those costs that are clearly and directly attributable to
24 educational programs for pupils described in subsection (2), and that
25 would not have been incurred if the pupils were not being educated in a
26 district or intermediate district, are reimbursable under this section.
27 (4) The costs of transportation shall be funded under this section
1 and shall not be reimbursed under section 58.
2 (5) Not more than
$12,800,000.00 of the allocation for 2003-2004
3 2004-2005 in section 51a(1) shall be allocated under this section.
4 Sec. 54. In addition to the aid received under section 52, each
5 intermediate district shall receive an amount per pupil for each pupil
6 in attendance at the Michigan schools for the deaf and blind. The
7 amount shall be proportionate to the total instructional cost at each
8 school. Not more than
$1,688,000.00 of the allocation for 2003-2004
9 2004-2005 in section 51a(1) shall be allocated under this section.
10 Sec. 56. (1) For the purposes of this section:
11 (a) "Membership" means for a particular fiscal year the total
12 membership for the immediately preceding fiscal year of the intermediate
13 district and the districts constituent to the intermediate district.
14 (b) "Millage levied" means the millage levied for special
15 education pursuant to part 30 of the revised school code, MCL 380.1711
16 to 380.1743, including a levy for debt service obligations.
17 (c) "Taxable value" means the total taxable value of the districts
18 constituent to an intermediate district, except that if a district has
19 elected not to come under part 30 of the revised school code, MCL
20 380.1711 to 380.1743, membership and taxable value of the district shall
21 not be included in the membership and taxable value of the intermediate
22 district.
23 (2) From the allocation under section 51a(1), there is allocated
24 an amount not to exceed
$36,881,100.00 for 2003-2004 2004-2005 to
25 reimburse intermediate districts levying millages for special education
26 pursuant to part 30 of the revised school code, MCL 380.1711 to
27 380.1743. The purpose, use, and expenditure of the reimbursement shall
1 be limited as if the funds were generated by these millages and governed
2 by the intermediate district plan adopted pursuant to article 3 of the
3 revised school code, MCL 380.1701 to 380.1766. As a condition of
4 receiving funds under this section, an intermediate district
5 distributing any portion of special education millage funds to its
6 constituent districts shall submit for departmental approval and
7 implement a distribution plan.
8 (3) Reimbursement for
those millages levied in 2002-2003 2003-2004
9 shall be made in 2003-2004
2004-2005 at an amount per 2002-2003 2003-
10 2004 membership pupil
computed by subtracting from $132,275.00
11 $133,400.00 the 2002-2003
2003-2004 taxable value behind each membership
12 pupil and multiplying the
resulting difference by the 2002-2003 2003-
13 2004 millage levied.
14 Sec. 57. (1) From the appropriation in section 11, there is
15 allocated an amount not
to exceed $50,000.00 for 2003-2004 2004-2005 to
16 applicant intermediate districts that provide support services for the
17 education of advanced and accelerated pupils. An intermediate district
18 is entitled to 75% of the actual salary, but not to exceed $25,000.00
19 reimbursement for an individual salary, of a support services teacher
20 approved by the department, and not to exceed $4,000.00 reimbursement
21 for expenditures to support program costs, excluding in-county travel
22 and salary, as approved by the department.
23 (2) From the appropriation in section 11, there is allocated an
24 amount not to exceed
$0.00 for 2003-2004 2004-2005 to support part of
25 the cost of summer institutes for advanced and accelerated students.
26 This amount shall be contracted to applicant intermediate districts in
27 cooperation with a local institution of higher education and shall be
1 coordinated by the department.
2 (3) From the appropriation in section 11, there is allocated an
3 amount not to exceed
$200,000.00 for 2003-2004 2004-2005 for the
4 development and operation of comprehensive programs for advanced and
5 accelerated pupils. An eligible district or consortium of districts
6 shall receive an amount not to exceed $100.00 per K-12 pupil for up to
7 5% of the district's or consortium's K-12 membership for the immediately
8 preceding fiscal year with a minimum total grant of $6,000.00. Funding
9 shall be provided in the following order: the per pupil allotment, and
10 then the minimum total grant of $6,000.00 to individual districts. An
11 intermediate district may act as the fiscal agent for a consortium of
12 districts. In order to be eligible for funding under this subsection,
13 the district or consortium of districts shall submit each year a current
14 3-year plan for operating a comprehensive program for advanced and
15 accelerated pupils and the district or consortium shall demonstrate to
16 the department that the district or consortium will contribute matching
17 funds of at least $50.00 per K-12 pupil. The plan or revised plan shall
18 be developed in accordance with criteria established by the department
19 and shall be submitted to the department for approval. Within the
20 criteria, the department shall encourage the development of consortia
21 among districts of less than 5,000 memberships.
22 Sec. 61a. (1) From the appropriation in section 11, there is
23 allocated an amount not
to exceed $30,000,000.00 for 2003-2004 2004-
24 2005 to reimburse on an added cost basis districts, except for a
25 district that served as the fiscal agent for a vocational education
26 consortium in the 1993-94 school year, and secondary area vocational-
27 technical education centers for secondary-level vocational-technical
1 education programs, including parenthood education programs, according
2 to rules approved by the superintendent. Applications for participation
3 in the programs shall be submitted in the form prescribed by the
4 department. The department shall determine the added cost for each
5 vocational-technical program area. The allocation of added cost funds
6 shall be based on the type of vocational-technical programs provided,
7 the number of pupils enrolled, and the length of the training period
8 provided, and shall not exceed 75% of the added cost of any program.
9 With the approval of the department, the board of a district maintaining
10 A secondary vocational-technical education program may offer the program
11 for the period from the close of the school year until September 1. The
12 program shall use existing facilities and shall be operated as
13 prescribed by rules promulgated by the superintendent.
14 (2) Except for a district that served as the fiscal agent for a
15 vocational education consortium in the 1993-94 school year, districts
16 and intermediate districts shall be reimbursed for local vocational
17 administration, shared time vocational administration, and career
18 education planning district vocational-technical administration. The
19 definition of what constitutes administration and reimbursement shall be
20 pursuant to guidelines adopted by the superintendent. Not more than
21 $800,000.00 of the allocation in subsection (1) shall be distributed
22 under this subsection.
23 (3) From the allocation in subsection (1), there is allocated an
24 amount not to exceed
$388,700.00 for 2003-2004 2004-2005 to
25 intermediate districts with constituent districts that had combined
26 state and local revenue per membership pupil in the 1994-95 state fiscal
27 year of $6,500.00 or more, served as a fiscal agent for a state board
1 designated area vocational education center in the 1993-94 school year,
2 and had an adjustment made to their 1994-95 combined state and local
3 revenue per membership pupil pursuant to section 20d. The payment under
4 this subsection to the intermediate district shall equal the amount of
5 the allocation to the intermediate district for 1996-97 under this
6 subsection.
7 Sec. 61b. (1) From the appropriation in section 11, there is
8 allocated for 2004-2005 an amount not to exceed $1,000,000.00 for
9 strategic planning grants to intermediate districts or consortiums of
10 intermediate districts for the purpose of planning for the operation of
11 learn to earn centers. The amount of each planning grant shall not
12 exceed $100,000.00. An intermediate district or consortium of
13 intermediate districts shall provide at least 100% local match. An
14 application for a planning grant shall be made in a form and manner
15 prescribed by the department.
16 (2) As used in this section:
17 (a) "Career cluster" means a grouping of occupations from 1 or
18 more industries that share common skill requirements.
19 (b) "Career preparation system" is a system of programs and
20 strategies providing pupils with opportunities to prepare for success in
21 careers of their choice.
22 (c) "Eligible pupil" means a pupil that:
23 (i) Is at least 15 years of age on December 1 and less than 20
24 years of age on September 1 of the school year.
25 (ii) Has dropped out of school and is not counted in the
26 membership of a district.
27 (iii) Has not obtained a high school diploma or a general
1 education development (G.E.D.) certificate.
2 (d) "Intermediate district average weighted foundation allowance"
3 means the average foundation allowance per membership pupil, calculated
4 by averaging the foundation allowances per membership pupil of the
5 intermediate district's constituent districts or consortium of
6 intermediate district’s constituent districts, weighted as to the
7 membership. However, the intermediate district weighted average
8 foundation allowance for an intermediate district or consortium of
9 intermediate districts shall not exceed $6,500.00 as adjusted each year
10 by an amount equal to the dollar amount of the difference between the
11 basic foundation allowance for the current state fiscal year and
12 $5,000.00, minus $200.00.
13 (e) "Learn to earn center" means a high school operated by an
14 intermediate district or consortium of intermediate districts that is
15 part of a career preparation system and has implemented a career
16 development process that allows eligible pupils to receive a high school
17 diploma.
18 (3) A strategic plan resulting from the planning grants awarded
19 under this section shall contain at least the following components:
20 (a) Evidence that the learn to earn center is part of a
21 comprehensive career preparation system as demonstrated by:
22 (i) The active involvement of employers, labor representatives,
23 and postsecondary institutions in the delivery of education services to
24 eligible pupils.
25 (ii) The provision of dual enrollment opportunities and
26 articulation agreements with postsecondary institutions.
27 (iii) The provision of experiential school-based and work-based
1 learning opportunities that connect pupils with workers and experts in
2 various career clusters.
3 (b) Evidence that the learn to earn center will adopt curricula
4 that:
5 (i) Includes at least English language arts, math, science and
6 social studies.
7 (ii) Integrates academic and technical content by career clusters
8 in a career pathways structure that is consistent with the standards and
9 benchmarks established by the department of labor and economic growth.
10 (iii) Uses research-based instructional practices and advanced
11 technology in the delivery of educational services to eligible pupils.
12 (iv) Provides entrepreneurship training to eligible pupils who are
13 interested in operating their own businesses.
14 (c) Evidence that the learn to earn center recognizes the needs of
15 its unique pupil population by:
16 (i) Adopting a comprehensive guidance and counseling program,
17 consistent with the standards and benchmarks established by the
18 department of labor and economic growth.
19 (ii) Considering the provision of flexible scheduling and support
20 services, such as English as a second language, childcare and
21 transportation.
22 (d) Evidence that the learn to earn center will develop and
23 maintain an education development plan to document each pupil’s
24 educational and career plans that is consistent with the standards and
25 benchmarks established by the department of labor and economic growth.
26 (e) Evidence that the learn to earn center will adopt career
27 awareness, exploration and assessment processes that assist pupils in
1 identifying their career pathway goals and that are consistent with the
2 standards and benchmarks established by the department of labor and
3 economic growth.
4 (f) Evidence that the learn to earn center will use the Michigan
5 educational assessment program assessments and other assessment tools
6 approved by the department for measuring student academic achievement.
7 (g) Other components determined jointly by the department and the
8 department of labor and economic growth.
9 (4) Strategic plans shall be submitted to the department no later
10 than October 15, 2004. The department and the department of labor and
11 economic growth shall review the strategic plans and approve those plans
12 that are determined to best meet the educational and career needs of
13 eligible pupils no later than November 15, 2004.
14 (5) Beginning in 2004-2005, those intermediate districts or
15 consortium of intermediate districts with approved strategic plans shall
16 be eligible to receive an intermediate district average weighted
17 foundation allowance, as adjusted under subsection (6), for each
18 eligible pupil in membership enrolled in a program operated by the
19 intermediate district or consortium of intermediate districts that is in
20 compliance with an approved strategic plan.
21 (6) Payments provided for in subsection (5) shall be adjusted as
22 follows:
23 (a) Eighty percent shall be paid for enrollment of eligible
24 pupils. "Enrollment" for the purposes of this subsection includes the
25 development of an education development plan for each pupil enrolled on
26 the pupil membership count day or the supplemental count day, as
27 applicable.
1 (b) Twenty percent shall be paid for:
2 (i) An increase of at least 1 grade level of proficiency in
3 reading or mathematics as measured by a pretest and posttest; or
4 (ii) The satisfactory completion of a course required in order to
5 attain a high school diploma; or
6 (iii) The attainment of a high school diploma.
7 (7) Beginning in 2004-2005, intermediate districts or consortium
8 of intermediate districts may award a high school diploma to an eligible
9 pupil who successfully completes learn to earn center requirements
10 established in accordance with state law for high school graduation.
11 (8) The department, in collaboration with the department of labor
12 and economic growth, shall do at least all of the following:
13 (a) Develop and provide guidelines to intermediate districts for
14 the development of strategic plans.
15 (b) Implement a strategic planning grant submission and approval
16 process.
17 (c) Identify approved assessment tools for measuring pupil
18 achievement.
19 Sec. 62. (1) For the purposes of this section:
20 (a) "Membership" means for a particular fiscal year the total
21 membership for the immediately preceding fiscal year of the intermediate
22 district and the districts constituent to the intermediate district or
23 the total membership for the immediately preceding fiscal year of the
24 area vocational-technical program.
25 (b) "Millage levied" means the millage levied for area vocational-
26 technical education pursuant to sections 681 to 690 of the revised
27 school code, MCL 380.681 to 380.690, including a levy for debt service
1 obligations incurred as the result of borrowing for capital outlay
2 projects and in meeting capital projects fund requirements of area
3 vocational-technical education.
4 (c) "Taxable value" means the total taxable value of the districts
5 constituent to an intermediate district or area vocational-technical
6 education program, except that if a district has elected not to come
7 under sections 681 to 690 of the revised school code, MCL 380.681 to
8 380.690, the membership and taxable value of that district shall not be
9 included in the membership and taxable value of the intermediate
10 district. However, the membership and taxable value of a district that
11 has elected not to come under sections 681 to 690 of the revised school
12 code, MCL 380.681 to 380.690, shall be included in the membership and
13 taxable value of the intermediate district if the district meets both of
14 the following:
15 (i) The district operates the area vocational-technical education
16 program pursuant to a contract with the intermediate district.
17 (ii) The district contributes an annual amount to the operation of
18 the program that is commensurate with the revenue that would have been
19 raised for operation of the program if millage were levied in the
20 district for the program under sections 681 to 690 of the revised school
21 code, MCL 380.681 to 380.690.
22 (2) From the appropriation in section 11, there is allocated an
23 amount not to exceed
$9,000,000.00 for 2003-2004 2004-2005 to reimburse
24 intermediate districts and area vocational-technical education programs
25 established under section 690(3) of the revised school code, MCL
26 380.690, levying millages for area vocational-technical education
27 pursuant to sections 681 to 690 of the revised school code, MCL 380.681
1 to 380.690. The purpose, use, and expenditure of the reimbursement
2 shall be limited as if the funds were generated by those millages.
3 (3) Reimbursement for
the millages levied in 2002-2003 2003-2004
4 shall be made in 2003-2004
2004-2005 at an amount per 2002-2003 2003-
5 2004 membership pupil
computed by subtracting from $137,700.00
6 $142,200.00 the 2002-2003
2003-2004 taxable value behind each membership
7 pupil and multiplying the
resulting difference by the 2002-2003 2003-
8 2004 millage levied.
9 Sec. 74. (1) From the amount appropriated in section 11, there is
10 allocated an amount not
to exceed $1,625,000.00 for 2003-2004 2004-2005
11 for the purposes of subsections (2) and (3).
12 (2) From the allocation in subsection (1), there is allocated each
13 fiscal year the amount necessary for payments to state supported
14 colleges or universities and intermediate districts providing school bus
15 driver safety instruction or driver skills road tests pursuant to
16 sections 51 and 52 of the pupil transportation act, 1990 PA 187, MCL
17 257.1851 and 257.1852. The payments shall be in an amount determined by
18 the department not to exceed 75% of the actual cost of instruction and
19 driver compensation for each public or nonpublic school bus driver
20 attending a course of instruction. For the purpose of computing
21 compensation, the hourly rate allowed each school bus driver shall not
22 exceed the hourly rate received for driving a school bus. Reimbursement
23 compensating the driver during the course of instruction or driver
24 skills road tests shall be made by the department to the college or
25 university or intermediate district providing the course of instruction.
26 (3) From the allocation in subsection (1), there is allocated each
27 fiscal year the amount necessary to pay the reasonable costs of
1 nonspecial education auxiliary services transportation provided pursuant
2 to section 1323 of the revised school code, MCL 380.1323. Districts
3 funded under this subsection shall not receive funding under any other
4 section of this act for nonspecial education auxiliary services
5 transportation.
6 Sec. 81. (1) Except as otherwise provided in this section, from
7 the appropriation in
section 11, there is allocated for 2003-2004 2004-
8 2005 to the intermediate districts the sum necessary, but not to exceed
9 $91,702,100.00, $84,028,100.00, to provide state aid to
intermediate
10 districts under this section. Except as otherwise provided in this
11 section, there shall be allocated to each intermediate district for
12 2003-2004 2004-2005 an amount equal to 96.5% 88.4%
of the amount
13 appropriated under this subsection for 2002-2003 in 2002 PA 521, before
14 any reduction made for 2002-2003 under section 11(3). Funding provided
15 under this section shall be used to comply with requirements of this act
16 and the revised school code that are applicable to intermediate
17 districts, and for which funding is not provided elsewhere in this act,
18 and to provide technical assistance to districts as authorized by the
19 intermediate school board.
20 (2) From the allocation in subsection (1), there is allocated to
21 an intermediate district, formed by the consolidation or annexation of 2
22 or more intermediate districts or the attachment of a total intermediate
23 district to another intermediate school district or the annexation of
24 all of the constituent K-12 districts of a previously existing
25 intermediate school district which has disorganized, an additional
26 allotment of $3,500.00 each fiscal year for each intermediate district
27 included in the new intermediate district for 3 years following
1 consolidation, annexation, or attachment.
2 (3) During a fiscal year, the department shall not increase an
3 intermediate district's allocation under subsection (1) because of an
4 adjustment made by the department during the fiscal year in the
5 intermediate district's taxable value for a prior year. Instead, the
6 department shall report the adjustment and the estimated amount of the
7 increase to the house and senate fiscal agencies and the state budget
8 director not later than June 1 of the fiscal year, and the legislature
9 shall appropriate money for the adjustment in the next succeeding fiscal
10 year.
11 (4) In order to receive funding under this section, an
12 intermediate district shall demonstrate to the satisfaction of the
13 department that the intermediate district employs at least 1 person who
14 is trained in pupil counting procedures, rules, and regulations.
15 Sec. 94a. (1) There is created within the office of the state
16 budget director in the department of management and budget the center
17 for educational performance and information. The center shall do all of
18 the following:
19 (a) Coordinate the collection of all data required by state and
20 federal law from all entities receiving funds under this act.
21 (b) Collect data in the most efficient manner possible in order to
22 reduce the administrative burden on reporting entities.
23 (c) Establish procedures to ensure the validity and reliability of
24 the data and the collection process.
25 (d) Develop state and model local data collection policies,
26 including, but not limited to, policies that ensure the privacy of
27 individual student data. State privacy policies shall ensure that
1 student social security numbers are not released to the public for any
2 purpose.
3 (e) Provide data in a useful manner to allow state and local
4 policymakers to make informed policy decisions.
5 (f) Provide reports to the citizens of this state to allow them to
6 assess allocation of resources and the return on their investment in the
7 education system of this state.
8 (g) Assist all entities receiving funds under this act in
9 complying with audits performed according to generally accepted
10 accounting procedures.
11 (h) Other functions as assigned by the state budget director.
12 (2) Not later than August 15, 2004, each state department,
13 officer, or agency that collects information from districts or
14 intermediate districts as required under state or federal law shall make
15 arrangements with the center, and with the districts or intermediate
16 districts, to have the center collect the information and to provide it
17 to the department, officer, or agency as necessary. To the extent that
18 it does not cause financial hardship, the center shall arrange to
19 collect the information in a manner that allows electronic submission of
20 the information to the center. Each affected state department, officer,
21 or agency shall provide the center with any details necessary for the
22 center to collect information as provided under this subsection. This
23 subsection does not apply to information collected by the department of
24 treasury under the uniform budgeting and accounting act, 1968 PA 2, MCL
25 141.421 to 141.440a; the revised municipal finance act, 2001 PA 34, MCL
26 141.2101 to 141.2821; 1961 PA 108, MCL 388.951 to 388.963; or section
27 1351a of the revised school code, MCL 380.1351a.
1 (3) The state budget director shall appoint a CEPI advisory
2 committee, consisting of the following members:
3 (a) One representative from the house fiscal agency.
4 (b) One representative from the senate fiscal agency.
5 (c) One representative from the office of the state budget
6 director.
7 (d) One representative from the state education agency.
8 (e) One
representative each from the department of career
9 development labor and economic growth and the department
of treasury.
10 (f) Three representatives from intermediate school districts.
11 (g) One representative from each of the following educational
12 organizations:
13 (i) Michigan association of school boards.
14 (ii) Michigan association of school administrators.
15 (iii) Michigan school business officials.
16 (h) One representative representing private sector firms
17 responsible for auditing school records.
18 (i) Other representatives as the state budget director determines
19 are necessary.
20 (4) The CEPI advisory committee appointed under subsection (3)
21 shall provide advice to the director of the center regarding the
22 management of the center's data collection activities, including, but
23 not limited to:
24 (a) Determining what data is necessary to collect and maintain in
25 order to perform the center's functions in the most efficient manner
26 possible.
27 (b) Defining the roles of all stakeholders in the data collection
1 system.
2 (c) Recommending timelines for the implementation and ongoing
3 collection of data.
4 (d) Establishing and maintaining data definitions, data
5 transmission protocols, and system specifications and procedures for the
6 efficient and accurate transmission and collection of data.
7 (e) Establishing and maintaining a process for ensuring the
8 accuracy of the data.
9 (f) Establishing and maintaining state and model local policies
10 related to data collection, including, but not limited to, privacy
11 policies related to individual student data.
12 (g) Ensuring the data is made available to state and local
13 policymakers and citizens of this state in the most useful format
14 possible.
15 (h) Other matters as determined by the state budget director or
16 the director of the center.
17 (5) The center may enter into any interlocal agreements necessary
18 to fulfill its functions.
19 (6) From the general fund appropriation in section 11, there is
20 allocated an amount not
to exceed $4,500,000.00 each fiscal year for
21 2002-2003 and for
2003-2004 $1,500,000.00 for
2004-2005 to the
22 department of management and budget to support the operations of the
23 center. The center shall cooperate with the state education agency to
24 ensure that this state is in compliance with federal law and is
25 maximizing opportunities for increased federal funding to improve
26 education in this state. In addition, from the federal funds
27 appropriated in section
11 for 2002-2003 and for 2003-2004 2004-2005,
1 there is allocated the following amounts each fiscal year in order to
2 fulfill federal reporting requirements:
3 (a) An amount estimated
at $1,000,000.00 not to exceed
4 $835,000.00 funded from DED-OESE, title I, disadvantaged children funds.
5 (b) An amount estimated
at $284,700.00 not to exceed $63,000.00
6 funded from DED-OESE, title I, reading first state grant funds.
7 (c) An amount estimated
at $46,750.00 not to exceed $46,800.00
8 funded from DED-OESE, title I, migrant education funds.
9 (d) An amount estimated
at $500,000.00 not to exceed $285,000.00
10 funded from DED-OESE, improving teacher quality funds.
11 (e) An amount estimated
at $526,100.00 not to exceed $73,000.00
12 funded from DED-OESE, drug-free schools and communities funds.
13 (f) An amount not to exceed $150,000.00 funded under sections 611
14 to 619 of part B of the individuals with disabilities education act,
15 title VI of Public Law 91-230, 20 U.S.C. 1411 to 1419.
16 (g) An amount not to exceed $13,500.00 for data collection
17 systems, funded from DED-NCES, common core data funds.
18 (h) An amount not to exceed $400,000.00 for the collection and
19 dissemination of state assessment data, funded from DED-OESE, title VI,
20 state assessments funds.
21 (7) In addition, from the federal funds appropriated in section 11
22 for fiscal years 2003-2004 and 2004-2005, there is allocated the
23 following amounts each fiscal year in order to fulfill federal reporting
24 requirements:
25 (a) An amount not to exceed $80,000.00 for data collection
26 systems, funded from DED-NCES, task award funds.
27 (b) An amount not to exceed $100,000.00 for data collection
1 systems development funded from DED-NCES, performance based data
2 management initiative.
3 (8) (7) Funds allocated under this section that are not
expended
4 in the fiscal year in which they were allocated may be carried forward
5 to a subsequent fiscal
year. From the funds allocated for 1999-2000
6 that were carried
forward under this section and from the general funds
7 appropriated under
this section for 2002-2003, the center shall make
8 grants to intermediate
districts for the purpose of assisting the
9 intermediate districts
and their constituent districts in data
10 collection required by
state and federal law or necessary
for audits
11 according to generally
accepted accounting procedures. Grants to each
12 intermediate district
shall be made at the rate of $2.00 per each full-
13 time equated
membership pupil times the total number of 2000-2001 pupils
14 in membership in the
intermediate district and its constituent
15 districts. An
intermediate district shall develop a
plan in cooperation
16 with its constituent
districts to distribute the grants between the
17 intermediate district
and its constituent districts. These grants shall
18 be paid to
intermediate districts no later than the next regularly
19 scheduled school aid
payment after the effective date of this section.
20 (8) If the
applicable intermediate district determines that the
21 pupil counts submitted
by a district for the February 2002 supplemental
22 pupil count using the
single record student database cannot be audited
23 by the intermediate
district pursuant to section 101, all of the
24 following apply:
25 (a) The district
may submit its pupil count data for the February
26 2002 supplemental
pupil count using the education data network system.
27 (b) If the
applicable intermediate district determines that the
1 pupil counts submitted
by the district for the 2002-2003 pupil
2 membership count day
using the single record student database cannot be
3 audited by the
intermediate district pursuant to section 101, the
4 district may submit
its pupil count data for the 2002-2003 pupil
5 membership count day
using the education data network system.
6 (9) At least 30
days before implementing a proposed electronic
7 data collection,
submission, or collation process, or a proposed change
8 to 1 or more of those
processes, the center shall submit the proposal
9 and an analysis of the
proposal to the senate and house of
10 representatives
appropriations subcommittees responsible for this act.
11 The analysis shall
include at least a determination of the cost of the
12 proposal for districts
and intermediate districts and of available
13 funding for districts
and intermediate districts.
14 (9) (10)
The center may bill departments as necessary in order to
15 fulfill reporting requirements of state and federal law.
16 (10) (11)
As used in this section:
17 (a)
"Center" means the center for educational performance and
18 information created
under this section.
19 (a) (b)
"DED-OESE" means the United
States department of education
20 office of elementary and secondary education.
21 (b) (c)
"State education agency" means the department.
22 (c) "DED-NCES" means the United States department of education
23 national center for education statistics.
24 Sec. 98. (1) From the general fund money appropriated in section
25 11, there is allocated an
amount not to exceed $750,000.00 for 2003-2004
26 2004-2005 to provide a grant to the Michigan virtual university for the
27 development, implementation, and operation of the Michigan virtual high
1 school and to fund other purposes described in this section. In
2 addition, from the federal funds appropriated in section 11, there is
3 allocated for 2003-2004
2004-2005 an amount estimated at $2,250,000.00
4 from DED-OESE, title II, improving teacher quality funds.
5 (2) The Michigan virtual high school shall have the following
6 goals:
7 (a) Significantly expand curricular offerings for high schools
8 across this state through agreements with districts or licenses from
9 other recognized providers. The Michigan virtual university shall
10 explore options for providing rigorous civics curricula online.
11 (b) Create statewide instructional models using interactive
12 multimedia tools delivered by electronic means, including, but not
13 limited to, the internet, digital broadcast, or satellite network, for
14 distributed learning at the high school level.
15 (c) Provide pupils with opportunities to develop skills and
16 competencies through on-line learning.
17 (d) Offer teachers opportunities to learn new skills and
18 strategies for developing and delivering instructional services.
19 (e) Accelerate this state's ability to respond to current and
20 emerging educational demands.
21 (f) Grant high school diplomas through a dual enrollment method
22 with districts.
23 (g) Act as a broker for college level equivalent courses, as
24 defined in section 1471 of the revised school code, MCL 380.1471, and
25 dual enrollment courses from postsecondary education institutions.
26 (3) The Michigan virtual high school course offerings shall
27 include, but are not limited to, all of the following:
1 (a) Information technology courses.
2 (b) College level equivalent courses, as defined in section 1471
3 of the revised school code, MCL 380.1471.
4 (c) Courses and dual enrollment opportunities.
5 (d) Programs and services for at-risk pupils.
6 (e) General education development test preparation courses for
7 adjudicated youth.
8 (f) Special interest courses.
9 (g) Professional development programs and services for teachers.
10 (4) The state education agency shall sign a memorandum of
11 understanding with the Michigan virtual university regarding the DED-
12 OESE, title II, improving teacher quality funds as provided under this
13 subsection. The memorandum of understanding under this subsection shall
14 require that the Michigan virtual university coordinate the following
15 activities related to DED-OESE, title II, improving teacher quality
16 funds in accordance with federal law:
17 (a) Develop, and assist districts in the development and use of,
18 proven, innovative strategies to deliver intensive professional
19 development programs that are both cost-effective and easily accessible,
20 such as strategies that involve delivery through the use of technology,
21 peer networks, and distance learning.
22 (b) Encourage and support the training of teachers and
23 administrators to effectively integrate technology into curricula and
24 instruction.
25 (c) Coordinate the activities of eligible partnerships that
26 include higher education institutions for the purposes of providing
27 professional development activities for teachers, paraprofessionals, and
1 principals as defined in federal law.
2 (5) If a home-schooled or nonpublic school student is a resident
3 of a district that subscribes to services provided by the Michigan
4 virtual university, the student may use the services provided by the
5 Michigan virtual university to the district without charge to the
6 student beyond what is charged to a district pupil using the same
7 services.
8 (6) From the allocations in subsection (1), the amount necessary,
9 not to exceed $1,250,000.00, shall be used to provide online
10 professional development for classroom teachers. This allocation is
11 intended to be for the first
second of 3 years. These funds may be used
12 for designing and building courses, marketing and outreach, workshops
13 and evaluation, content acquisition, technical assistance, project
14 management, and customer support. The Michigan virtual university shall
15 offer at least 5 hours of online professional development for classroom
16 teachers under this
section in 2003-2004 2004-2005 without charge to the
17 teachers or to districts or intermediate districts.
18 (7) A district or intermediate district may require a full-time
19 teacher to participate in at least 5 hours of online professional
20 development provided by the Michigan virtual university under subsection
21 (6). Five hours of this professional development shall be considered to
22 be part of the 51 hours allowed to be counted as hours of pupil
23 instruction under section 101(10).
24 (8) As used in this section:
25 (a) "DED-OESE" means the United States department of education
26 office of elementary and secondary education.
27 (b) "State education agency" means the department.
1 Sec. 98b. (1) From the school aid stabilization fund created in
2 section 11a, there is
appropriated and allocated for 2003-2004 2004-2005
3 an amount not to exceed $22,000,000.00
$5,000,000.00 for the freedom to
4 learn program described in this section. In addition, from the federal
5 funds appropriated in section 11, there is allocated for 2003-2004 the
6 following federal
funds: 2004-2005, an amount not
to exceed
7 $10,343,200.00 from the competitive grants of DED-OESE, title II,
8 educational technology grants funds, and an amount not to exceed
9 $7,000,000.00 from funds carried forward from 2003-2004 from unexpended
10 DED-OESE, title II, educational technology grants funds.
11 (a) From the
federal funds appropriated in section 11, an amount
12 estimated at
$10,343,200.00 from the competitive grants of DED-OESE,
13 title II, educational
technology grants funds.
14 (b) An amount
estimated at $7,000,000.00 from funds carried
15 forward from 2002-2003
from unexpended DED-OESE, title II, educational
16 technology grants
funds.
17 (2) The allocations in subsection (1) shall be used to develop,
18 implement, and operate the freedom to learn program and make program
19 grants. The goal of the program is to achieve one-to-one access to
20 wireless technology for K-12 pupils through statewide and local public-
21 private partnerships. To implement the program, the state education
22 agency shall sign a memorandum of understanding with the Michigan
23 virtual university that provides for joint administration of program
24 grants under this
subsection. By December 1, 2003, 2004 the Michigan
25 virtual university and the state education agency shall make grants to
26 districts as described in this section. In awarding the grants, the
27 Michigan virtual university and the state education agency shall give
1 priority to applications that demonstrate that the district's program
2 will meet all of the following:
3 (a) Will be ready for
implementation by January 1, 2004 2005 and
4 will have begun professional development on technology integration in
5 the classroom before January 1, 2004
2005.
6 (b) Will utilize state structure and resources for professional
7 development, as coordinated by the Michigan virtual university.
8 (c) Will opt to participate in the statewide partnership described
9 in subsection (6).
10 (3) The amount of program grants to districts is estimated at
11 $250.00 per pupil in
membership in grade 6 in 2003-2004, 2004-2005 or in
12 another grade allowed in this section. The state education agency and
13 the Michigan virtual university shall establish grant criteria that
14 maximize the distribution of federal funds to achieve the $250.00 per
15 pupil in districts that qualify for federal funds. To qualify for a
16 grant under this section, a district shall submit an application to the
17 state education agency and the Michigan virtual university and complete
18 the application process established by the state education agency and
19 the Michigan virtual university. The application shall include at least
20 all of the following:
21 (a) If the district is applying for federal funds, how the
22 district will meet the requirements of the competitive grants under DED-
23 OESE, title II, part D.
24 (b) How the district will provide the opportunity for each pupil
25 in membership in grade 6 to receive a wireless computing device. If the
26 district has already achieved one-to-one wireless access in grade 6 or
27 if the district's school building grade configuration makes
1 implementation of the program for grade 6 impractical, the district may
2 apply for a grant for the next highest grade. If the district does not
3 have a grade 6 or higher, the district may apply for funding for the
4 next lowest grade level. If the district operates 1 or more schools
5 that are not meeting adequate yearly progress, as determined by the
6 department, and that contain grade 6, the district may apply for funding
7 for a school building-wide program for 1 or more of those schools. A
8 public school academy that does not offer a grade higher than grade 5
9 may apply to receive a grant under this section for pupils in the
10 highest grade offered by the public school academy.
11 (c) The district shall submit a plan describing the uses of the
12 grant funds. The plan shall describe a plan for professional
13 development on technology integration, content and curriculum, and local
14 partnerships with the other districts and representatives from
15 businesses, industry, and higher education. The plan shall include at
16 least the following:
17 (i) The academic achievement goals, which may include, but are not
18 limited to, goals related to mathematics, science, and language arts.
19 (ii) The engagement goals, which may include, but are not limited
20 to, goals related to retention rates, dropout rates, detentions, and
21 suspensions.
22 (iii) A commitment that at least 25% of the total local budget for
23 the program will be used on professional development on technology
24 integration in the classroom.
25 (d) A 3- to 5-year plan or funding model for increasing the share
26 that is borne locally of the expenditures for one-to-one wireless
27 access. The Michigan virtual university shall provide districts with
1 sample local plans and funding models for the purposes of this
2 subdivision and with information on available federal and private
3 resources.
4 (e) How the district will amend its local technology plan as
5 required under state and federal law to reflect the program under this
6 section.
7 (4) A district that receives a grant under this section shall
8 provide at least a $25.00 per pupil match for grant money received under
9 this section from local public or private resources.
10 (5) A district that received money under section 98 in 2002-2003
11 for a wireless technology grant is eligible to receive a grant under
12 this section. The funding under subsection (1)(b) shall be used first
13 to provide the grants under this subsection. A district described in
14 this subsection shall apply to the Michigan virtual university and the
15 state education agency for a grant in the form and manner prescribed by
16 the department. An application under this section is not subject to the
17 requirements of subsection (3) if the application demonstrates that the
18 program will meet all of the following:
19 (a) Will continue as a demonstration program.
20 (b) Will provide regional assistance to schools that are not
21 meeting adequate yearly progress, as determined by the department, and
22 to new grant recipients, as directed by the state education agency and
23 the Michigan virtual university.
24 (c) Will seek to expand its existing wireless technology
25 initiatives.
26 (6) By October 15, 2003, the The department
of management and
27 budget shall establish a statewide public-private partnership to
1 implement the program. The department of management and budget shall
2 select a program partner through a request for proposals process for a
3 total learning technology package that includes, but is not limited to,
4 A wireless laptop, software, professional development, service, and
5 support, and for management by a single point of contact individual
6 responsible for the overall implementation. The proposal selected shall
7 achieve significant efficiencies and economies of scale and be
8 interoperable with existing technologies. The private partner selected
9 in the request for proposals process to partner with the state must
10 possess all of the following:
11 (a) Experience in the development and successful implementation of
12 large-scale, school-based wireless technology projects.
13 (b) Proven technical ability to deliver a total solutions package
14 of learning technology for elementary and secondary students and
15 teachers.
16 (c) Results-based education solutions to increase student
17 achievement and advance professional development for teachers.
18 (d) Ability to coordinate, utilize, and expand existing technology
19 infrastructures and professional development delivery systems within
20 school districts and regions.
21 (e) Ability to provide a wireless computing device that is able to
22 be connected to the wireless network and is able to access a school's
23 preexisting local network and the internet both wirelessly in the school
24 and through dial-up or other remote connection from the home or
25 elsewhere outside school.
26 (7) A district may elect to purchase or lease wireless computing
27 devices from a vendor other than the statewide partnership described in
1 subsection (6) if the Michigan virtual university determines that the
2 vendor meets the requirements of subdivisions (a) to (d) of subsection
3 (6) and the vendor is identified in the district's grant application.
4 (8) The state education agency shall sign a memorandum of
5 understanding with the Michigan virtual university regarding DED-OESE,
6 title II, educational technology grants, as provided under this
7 subsection. The Michigan virtual university shall coordinate activities
8 described in this subsection with the freedom to learn grants described
9 under this section. The memorandum of understanding shall require that
10 the Michigan virtual university coordinate the following state
11 activities related to DED-OESE, title II, educational technology grants
12 in accordance with federal law:
13 (a) Assist in the development of innovative strategies for the
14 delivery of specialized or rigorous academic courses and curricula
15 through the use of technology, including distance learning technologies.
16 (b) Establish and support public-private initiatives for the
17 acquisition of educational technology for students in high-need
18 districts.
19 (9) Funds allocated under this section that are not expended in
20 the state fiscal year for which they were allocated may be carried
21 forward to a subsequent state fiscal year.
22 (10) The state education agency and the Michigan virtual
23 university shall complete the memoranda of understanding required under
24 this section within 60 days after the effective date of the amendatory
25 act that added this
subsection. It is the intent of the legislature
26 that all plans or
applications submitted by the state education agency
27 to the United States department of education relating to the
1 distribution of
federal funds under this section are for the purposes
2 described in this
section.
3 (11) The state education agency shall ensure that the program
4 goals and plans for the freedom to learn program are contained in the
5 state technology plan required by federal law.
6 (12) From the funds allocated under this section, an amount not to
7 exceed $4,000,000.00 is allocated to the Michigan virtual university to
8 be used for statewide activities, as follows:
9 (a) An amount estimated at $2,700,000.00 to develop a professional
10 development network in partnership with other statewide entities for
11 professional development on technology integration in the classroom.
12 (b) An amount estimated at $250,000.00 for development of a
13 content resource package that will include on-line coursework content.
14 (c) An amount estimated at $250,000.00 to develop or purchase an
15 on-line assessment system to supplement the Michigan education
16 assessment program tests and provide immediate feedback on pupil
17 achievement. The assessment system shall include high-quality tests
18 aligned to the state curriculum framework and tests that can be
19 customized by teachers and integrated with on-line instructional
20 resources. The Michigan virtual university and the state education
21 agency shall work in
partnership with the department of treasury to
22 implement the assessment program. The state education agency shall give
23 first priority in implementing the assessment systems to districts not
24 meeting adequately yearly progress requirements as established by the
25 federal no child left behind act and to schools participating in grant
26 programs under this section.
27 (d) An amount not to exceed $800,000.00 for comprehensive
1 statewide evaluation of current and future projects under this section
2 and for statewide administration of the freedom to learn program.
3 (13) The Michigan
virtual university is encouraged to work in
4 partnership with
Ferris state university in performing the functions
5 under subsection
(12).
6 (13)(14)
Notwithstanding section 17b, payments under this section
7 may be made pursuant to an agreement with the department.
8 (15) It is the
intent of the legislature that this state will seek
9 to raise private funds
for the current and future funding of the freedom
10 to learn program under
this section and all of the program components.
11 (14)(16)
As used in this section:
12 (a) "DED-OESE" means the United States department of education
13 office of elementary and secondary education.
14 (b) "State education agency" means the department.
15 Sec. 99. (1) From the school aid fund appropriations in section
16 11, there is allocated an
amount not to exceed $2,500,000.00
17 $2,416,000.00 for 2003-2004
2004-2005 and from the general fund
18 appropriation in section 11, there is allocated an amount not to exceed
19 $84,000.00 for 2004-2005 for implementing the comprehensive master plan
20 for mathematics and science centers developed by the department and
21 approved by the state board on August 8, 2002. In addition, from the
22 federal funds appropriated in section 11, there is allocated an amount
23 estimated at $2,487,700.00 from DED-OESE, title II, mathematics and
24 science partnership grants.
25 (2) Within a service area designated locally, approved by the
26 department, and consistent with the master plan described in subsection
27 (1), an established
mathematics and science center shall address 4 2
1 or more of the following 6 basic services, as described in the master
2 plan, to constituent districts and communities: leadership, pupil
3 services, curriculum support, community involvement, professional
4 development, and resource clearinghouse services.
5 (3) The department shall not award a state grant under this
6 section to more than 1 mathematics and science center located in a
7 designated region as prescribed in the 2002 master plan unless each of
8 the grants serves a distinct target population or provides a service
9 that does not duplicate another program in the designated region.
10 (4) As part of the technical assistance process, the department
11 shall provide minimum standard guidelines that may be used by the
12 mathematics and science center for providing fair access for qualified
13 pupils and professional staff as prescribed in this section.
14 (5) Allocations under this section to support the activities and
15 programs of mathematics and science centers shall be continuing support
16 grants to all 33 established mathematics and science centers. Each
17 established
mathematics and science center that was funded in 2002-2003
18 2003-2004
shall receive state funding in an amount equal to 24.43% of
19 the
amount it received under this section for 2002-2003 2003-2004 in
20 2002
PA 521 2003 PA 158, before any reduction made for 2002-2003
under
21 section
11(3). In the event that funding for a center or centers is
22 declined, the remaining dollars shall be distributed on a pro rata
23 basis to the remaining centers, as determined by the department.
24 (6) In order to receive state funds under this section, a grant
25 recipient shall allow access for the department or the department's
26 designee to audit all records related to the program for which it
27 receives such funds. The grant recipient shall reimburse the state for
1 all disallowances found in the audit.
2 (7) Not later than September 30, 2007, the department shall
3 reevaluate and update the comprehensive master plan described in
4 subsection (1) ,
including any recommendations for upgrading satellite
5 extensions to full
centers.
6 (8) The department shall give preference in awarding the federal
7 grants allocated in subsection (1) to eligible existing mathematics and
8 science centers.
9 (9) In order to receive state funds under this section, a grant
10 recipient shall provide at least a 10% local match from local public or
11 private resources for the funds received under this section.
12 (10) As used in this section:
13 (a) "DED" means the United States department of education.
14 (b) "DED-OESE" means the DED office of elementary and secondary
15 education.
16 Sec. 101. (1) To be eligible to receive state aid under this act,
17 not later than the fifth Wednesday after the pupil membership count day
18 and not later than the fifth Wednesday after the supplemental count day,
19 each district superintendent through the secretary of the district's
20 board shall file with the intermediate superintendent and the center a
21 certified and sworn copy of the number of pupils enrolled and in regular
22 daily attendance in the district as of the pupil membership count day
23 and as of the supplemental count day, as applicable, for the current
24 school year. In addition, a district maintaining school during the
25 entire year, as provided under section 1561 of the revised school code,
26 MCL 380.1561, shall file with the intermediate superintendent and the
27 center a certified and sworn copy of the number of pupils enrolled and
1 in regular daily attendance in the district for the current school year
2 pursuant to rules promulgated by the superintendent. Not later than the
3 seventh Wednesday after the pupil membership count day and not later
4 than the seventh Wednesday after the supplemental count day, the
5 intermediate district
shall transmit to the center the revised data, as
6 applicable, filed by
for each of its constituent districts. If a
7 district fails to file the sworn and certified copy with the
8 intermediate superintendent and the center in a timely manner, as
9 required under this subsection, the intermediate district and the center
10 shall notify the department and state aid due to be distributed under
11 this act shall be withheld from the defaulting district immediately,
12 beginning with the next payment after the failure and continuing with
13 each payment until the district complies with this subsection. If an
14 intermediate district fails to transmit the data in its possession in a
15 timely and accurate
manner to the department center, as required under
16 this subsection, state aid due to be distributed under this act shall be
17 withheld from the defaulting intermediate district immediately,
18 beginning with the next payment after the failure and continuing with
19 each payment until the intermediate district complies with this
20 subsection. If a district or intermediate district does not comply with
21 this subsection by the end of the fiscal year, the district or
22 intermediate district forfeits the amount withheld. A person who
23 willfully falsifies a figure or statement in the certified and sworn
24 copy of enrollment shall be punished in the manner prescribed by section
25 161.
26 (2) To be eligible to receive state aid under this act, not later
27 than the twenty-fourth Wednesday after the pupil membership count day
1 and not later than the twenty-fourth Wednesday after the supplemental
2 count day, an intermediate district shall submit to the center, in a
3 form and manner prescribed by the center, the audited enrollment and
4 attendance data for the pupils of its constituent districts and of the
5 intermediate district. If an intermediate district fails to transmit
6 the audited data as required under this subsection, state aid due to be
7 distributed under this act shall be withheld from the defaulting
8 intermediate district immediately, beginning with the next payment after
9 the failure and continuing with each payment until the intermediate
10 district complies with this subsection. If an intermediate district
11 does not comply with this subsection by the end of the fiscal year, the
12 intermediate district forfeits the amount withheld.
13 (3) Except as otherwise provided in this section, each district
14 shall provide at least 1,098 hours of pupil instruction. Except as
15 otherwise provided in this act, a district failing to comply with the
16 required minimum hours of pupil instruction under this subsection shall
17 forfeit from its total state aid allocation an amount determined by
18 applying a ratio of the number of hours the district was in
19 noncompliance in relation to the required minimum number of hours under
20 this subsection. Not later than August 1, the board of each district
21 shall certify to the department the number of hours of pupil instruction
22 in the previous school year. If the district did not provide at least
23 the required minimum number of hours of pupil instruction under this
24 subsection, the deduction of state aid shall be made in the following
25 fiscal year from the first payment of state school aid. A district is
26 not subject to forfeiture of funds under this subsection for a fiscal
27 year in which a forfeiture was already imposed under subsection (6).
1 Hours lost because of strikes or teachers' conferences shall not be
2 counted as days or hours of pupil instruction. A district not having at
3 least 75% of the district's membership in attendance on any day of pupil
4 instruction shall receive state aid in that proportion of 1/180 that the
5 actual percent of attendance bears to the specified percentage. The
6 superintendent shall promulgate rules for the implementation of this
7 subsection.
8 (4) Except as otherwise provided in this subsection, the first 30
9 hours for which pupil instruction is not provided because of conditions
10 not within the control of school authorities, such as severe storms,
11 fires, epidemics, or health conditions as defined by the city, county,
12 or state health authorities, shall be counted as hours of pupil
13 instruction. In
addition, for 2002-2003 only, the department shall
14 count as days of pupil
instruction not more than 5 additional days, and
15 shall count as hours
of pupil instruction not more than 30 hours, for
16 which pupil
instruction was not provided in a district from April 3,
17 2003 to April 11, 2003
due to a storm. Subsequent such hours shall not
18 be counted as hours of
pupil instruction.
19 (5) A district shall not forfeit part of its state aid
20 appropriation because it adopts or has in existence an alternative
21 scheduling program for pupils in kindergarten if the program provides at
22 least the number of hours required under subsection (3) for a full-time
23 equated membership for a pupil in kindergarten as provided under section
24 6(4).
25 (6) Not later than April 15 of each fiscal year, the board of each
26 district shall certify to the department the planned number of hours of
27 pupil instruction in the district for the school year ending in the
1 fiscal year. In addition to any other penalty or forfeiture under this
2 section, if at any time the department determines that 1 or more of the
3 following has occurred in a district, the district shall forfeit in the
4 current fiscal year beginning in the next payment to be calculated by
5 the department a proportion of the funds due to the district under this
6 act that is equal to the proportion below the required minimum number of
7 hours of pupil instruction under subsection (3), as specified in the
8 following:
9 (a) The district fails to operate its schools for at least the
10 required minimum number of hours of pupil instruction under subsection
11 (3) in a school year, including hours counted under subsection (4).
12 (b) The board of the district takes formal action not to operate
13 its schools for at least the required minimum number of hours of pupil
14 instruction under subsection (3) in a school year, including hours
15 counted under subsection (4).
16 (7) In providing the minimum number of hours of pupil instruction
17 required under subsection (3), a district shall use the following
18 guidelines, and a district shall maintain records to substantiate its
19 compliance with the following guidelines:
20 (a) Except as otherwise provided in this subsection, a pupil must
21 be scheduled for at least the required minimum number of hours of
22 instruction, excluding study halls, or at least the sum of 90 hours plus
23 the required minimum number of hours of instruction, including up to 2
24 study halls.
25 (b) The time a pupil is assigned to any tutorial activity in a
26 block schedule may be considered instructional time, unless that time is
27 determined in an audit to be a study hall period.
1 (c) A pupil in grades 9 to 12 for whom a reduced schedule is
2 determined to be in the individual pupil's best educational interest
3 must be scheduled for a number of hours equal to at least 80% of the
4 required minimum number of hours of pupil instruction to be considered a
5 full-time equivalent pupil.
6 (d) If a pupil in grades 9 to 12 who is enrolled in a cooperative
7 education program or a special education pupil cannot receive the
8 required minimum number of hours of pupil instruction solely because of
9 travel time between instructional sites during the school day, that
10 travel time, up to a maximum of 3 hours per school week, shall be
11 considered to be pupil instruction time for the purpose of determining
12 whether the pupil is receiving the required minimum number of hours of
13 pupil instruction. However, if a district demonstrates to the
14 satisfaction of the department that the travel time limitation under
15 this subdivision would create undue costs or hardship to the district,
16 the department may consider more travel time to be pupil instruction
17 time for this purpose.
18 (8) The department shall apply the guidelines under subsection (7)
19 in calculating the full-time equivalency of pupils.
20 (9) Upon application by the district for a particular fiscal year,
21 the superintendent may waive for a district the minimum number of hours
22 of pupil instruction requirement of subsection (3) for a department-
23 approved alternative education program provided the number of hours
24 scheduled for pupil instruction is equal to at least 80% of the required
25 minimum number of hours of pupil instruction to be considered a full-
26 time equivalent pupil. If a district applies for and receives a waiver
27 under this subsection and complies with the terms of the waiver, for the
1 fiscal year covered by the waiver the district is not subject to
2 forfeiture under this section for the specific program covered by the
3 waiver.
4 (10) A district may count up to 51 hours of professional
5 development for teachers, including the 5 hours of online professional
6 development provided by the Michigan virtual university under section
7 98, as hours of pupil instruction, provided the professional development
8 is focused on achieving or improving adequate yearly progress as defined
9 in the no child left behind act of 2001. A district that elects to use
10 this exception shall notify the department of its election.
11 Sec. 104a. (1) In order to receive state aid under this act, a
12 district shall comply with this section and shall administer state
13 assessments to high
school pupils in the subject areas of communications
14 skills, English language arts, mathematics, science,
and social studies.
15 If the department of
treasury or the Michigan assessment governing
16 board, as applicable, determines that it would be consistent with the
17 purposes of this section,
the department of treasury or the Michigan
18 assessment governing
board, as applicable, may designate
the grade 11
19 Michigan education assessment program tests or the ACT/ACT work keys
20 tests as the assessments to be used for the purposes of this section.
21 The district shall include on the pupil's high school transcript all of
22 the following:
23 (a) For each high school graduate who has completed a subject area
24 assessment under this section, the pupil's scaled score on the
25 assessment.
26 (b) If the pupil's scaled score on a subject area assessment falls
27 within the range required under subsection (2) for a category
1 established under subsection (2), an indication that the pupil has
2 achieved state endorsement for that subject area.
3 (c) The number of school days the pupil was in attendance at
4 school each school year during high school and the total number of
5 school days in session for each of those school years.
6 (2) The department of
treasury shall develop scaled scores for
7 reporting subject area assessment results for each of the subject areas
8 under this section. The
department of treasury shall establish 3
9 categories for each subject area indicating basic competency, above
10 average, and outstanding, and shall establish the scaled score range
11 required for each
category. The department of treasury shall design and
12 distribute to districts, intermediate districts, and nonpublic schools a
13 simple and concise document that describes these categories in each
14 subject area and indicates the scaled score ranges for each category in
15 each subject area. A district may award a high school diploma to a
16 pupil who successfully completes local district requirements established
17 in accordance with state law for high school graduation, regardless of
18 whether the pupil is eligible for any state endorsement.
19 (3) The assessments administered for the purposes of this section
20 shall be administered to pupils during the last 30 school days of grade
21 11. The department of
treasury shall ensure that the assessments are
22 scored and the scores are returned to pupils, their parents or legal
23 guardians, and districts not later than the beginning of the pupil's
24 first semester of grade
12. The department of treasury shall arrange
25 for those portions of a pupil's assessment that cannot be scored
26 mechanically to be scored in Michigan by persons who are Michigan
27 teachers, retired Michigan teachers, or Michigan school administrators
1 and who have been trained in scoring the assessments. The returned
2 scores shall indicate the pupil's scaled score for each subject area
3 assessment, the range of scaled scores for each subject area, and the
4 range of scaled scores required for each category established under
5 subsection (2). In reporting the scores to pupils, parents, and
6 schools, the department of
treasury shall provide specific, meaningful,
7 and timely feedback on the pupil's performance on the assessment.
8 (4) For each pupil who does not achieve state endorsement in 1 or
9 more subject areas, the board of the district in which the pupil is
10 enrolled shall provide that there be at least 1 meeting attended by at
11 least the pupil and a member of the district's staff or a local or
12 intermediate district consultant who is proficient in the measurement
13 and evaluation of pupils. The district may provide the meeting as a
14 group meeting for pupils in similar circumstances. If the pupil is a
15 minor, the district shall invite and encourage the pupil's parent, legal
16 guardian, or person in loco parentis to attend the meeting and shall
17 mail a notice of the meeting to the pupil's parent, legal guardian, or
18 person in loco parentis. The purpose of this meeting and any subsequent
19 meeting under this subsection shall be to determine an educational
20 program for the pupil designed to have the pupil achieve state
21 endorsement in each subject area in which he or she did not achieve
22 state endorsement. In addition, a district may provide for subsequent
23 meetings with the pupil conducted by a high school counselor or teacher
24 designated by the pupil's high school principal, and shall invite and
25 encourage the pupil's parent, legal guardian, or person in loco parentis
26 to attend the subsequent meetings. The district shall provide special
27 programs for the pupil or develop a program using the educational
1 programs regularly provided by the district unless the board of the
2 district decides otherwise and publishes and explains its decision in a
3 public justification report.
4 (5) A pupil who wants to repeat an assessment administered under
5 this section may repeat the assessment, without charge to the pupil, in
6 the next school year or after graduation. An individual may repeat an
7 assessment at any time the district administers an applicable assessment
8 instrument or during a retesting period under subsection (7).
9 (6) The department of
treasury shall ensure that the length of the
10 assessments used for the purposes of this section and the combined total
11 time necessary to administer all of the assessments are the shortest
12 possible that will still maintain the degree of reliability and validity
13 of the assessment results
determined necessary by the department of
14 treasury. The department of treasury shall ensure that
the maximum
15 total combined length of time that schools are required to set aside for
16 administration of all of the assessments used for the purposes of this
17 section does not exceed 8 hours. However, this subsection does not
18 limit the amount of time that individuals may have to complete the
19 assessments.
20 (7) The department of
treasury shall establish, schedule, and
21 arrange periodic retesting periods throughout the year for individuals
22 who desire to repeat an
assessment under this section. The department of
23 treasury shall coordinate the arrangements for administering
the repeat
24 assessments and shall ensure that the retesting is made available at
25 least within each intermediate district and, to the extent possible,
26 within each district.
27 (8) A district shall provide accommodations to a pupil with
1 disabilities for the assessments required under this section, as
2 provided under section 504 of title V of the rehabilitation act of 1973,
3 Public Law 93-112, 29 U.S.C. 794; subtitle A of title II of the
4 Americans with disabilities act of 1990, Public Law 101-336, 42 U.S.C.
5 12131 to 12134; and the implementing regulations for those statutes.
6 (9) For the purposes
of this section, the department of treasury
7 shall develop or select and approve assessment instruments to measure
8 pupil performance in communications
skills, English language arts,
9 mathematics, social
studies, and science. Unless the department of
10 treasury selects and approves the ACT/ACT work keys tests,
the
11 assessment instruments shall be based on the model core academic content
12 standards objectives under section 1278 of the revised school code, MCL
13 380.1278.
14 (10) Upon written request by the pupil's parent or legal guardian
15 stating that the request is being made for the purpose of providing the
16 pupil with an opportunity to qualify to take 1 or more postsecondary
17 courses as an eligible student under the postsecondary enrollment
18 options act, 1996 PA 160, MCL 388.511 to 388.524, the board of a
19 district shall allow a pupil who is in at least grade 10 to take an
20 assessment administered under this section without charge at any time
21 the district regularly administers the assessment or during a retesting
22 period established under subsection (7). A district is not required to
23 include in an annual education report, or in any other report submitted
24 to the department of
treasury for accreditation purposes, results of
25 assessments taken under this subsection by a pupil in grade 11 or lower
26 until the results of that pupil's graduating class are otherwise
27 reported.
1 (11) All assessment instruments developed or selected and approved
2 by the state under any statute or rule for a purpose related to K to 12
3 education shall be objective-oriented and consistent with the model core
4 academic content standards objectives under section 1278 of the revised
5 school code, MCL 380.1278.
6 (12) A person who has graduated from high school after 1996 and
7 who has not previously taken an assessment under this section may take
8 an assessment used for the purposes of this section, without charge to
9 the person, at the district from which he or she graduated from high
10 school at any time that district administers the assessment or during a
11 retesting period scheduled under subsection (7) and have his or her
12 scaled score on the assessment included on his or her high school
13 transcript. If the person's scaled score on a subject area assessment
14 falls within the range required under subsection (2) for a category
15 established under subsection (2), the district shall also indicate on
16 the person's high school transcript that the person has achieved state
17 endorsement for that subject area.
18 (13) A child who is a student in a nonpublic school or home school
19 may take an assessment under this section. To take an assessment, a
20 child who is a student in a home school shall contact the district in
21 which the child resides, and that district shall administer the
22 assessment, or the child may take the assessment at a nonpublic school
23 if allowed by the nonpublic school. Upon request from a nonpublic
24 school, the department of
treasury shall supply assessments and the
25 nonpublic school may administer the assessment.
26 (14) The purpose of the assessment under this section is to assess
27 pupil performance in mathematics, science, social studies, and
1 communication arts for the purpose of improving academic achievement and
2 establishing a statewide standard of competency. The assessment under
3 this section provides a common measure of data that will contribute to
4 the improvement of Michigan schools' curriculum and instruction by
5 encouraging alignment with Michigan's curriculum framework standards.
6 These standards are based upon the expectations of what pupils should
7 know and be able to do by the end of grade 11.
8 (15) If the Michigan
assessment governing board is established by
9 law, the Michigan
assessment governing board shall administer this
10 section and shall have
all of the powers and duties as otherwise
11 provided under this
section for the department of treasury.
12 (15) (16)
As used in this section :
13 (a)
"Communications skills" means reading and writing.
14 (b) "Social
studies" means geography, history, economics, and
15 American government.
16 Sec. 107. (1) From the appropriation in section 11, there is
17 allocated an amount not
to exceed $20,000,000.00 for 2003-2004 2004-2005
18 for adult education programs authorized under this section.
19 (2) To be eligible to be a participant funded under this section,
20 A person shall be enrolled in an adult basic education program, an adult
21 English as a second language program, a general education development
22 (G.E.D.) test preparation program, a job or employment related program,
23 or a high school completion program, that meets the requirements of this
24 section, and shall meet either of the following, as applicable:
25 (a) If the individual has obtained a high school diploma or a
26 general education development (G.E.D.) certificate, the individual meets
27 1 of the following:
1 (i) Is less than 20 years of age on September 1 of the school year
2 and is enrolled in the state technical institute and rehabilitation
3 center.
4 (ii) Is less than 20 years of age on September 1 of the school
5 year, is not attending an institution of higher education, and is
6 enrolled in a job or employment-related program through a referral by an
7 employer.
8 (iii) Is enrolled in an English as a second language program.
9 (iv) Is enrolled in a high school completion program.
10 (b) If the individual has not obtained a high school diploma or
11 G.E.D. certificate, the individual meets 1 of the following:
12 (i) Is at least 20 years of age on September 1 of the school year.
13 (ii) Is at least 16 years of age on September 1 of the school
14 year, has been permanently expelled from school under section 1311(2) or
15 1311a of the revised school code, MCL 380.1311 and 380.1311a, and has no
16 appropriate alternative education program available through his or her
17 district of residence.
18 (3) Except as otherwise provided in subsection (4), the amount
19 allocated under subsection (1) shall be distributed as follows:
20 (a) For districts and
consortia that received payments for 2001-
21 2002 2003-2004 under this section, the amount
allocated to each for
22 2003-2004 2004-2005 shall be based on the number of
participants served
23 by the district or
consortium for 2003-2004, 2004-2005 using the amount
24 allocated per full-time equated participant under subsection (5), up to
25 A maximum total allocation under this section in an amount equal to
26 26.67% of the amount the district or consortium received for 2001-2002
27 2003-2004 under this
section before any reallocations made for 2001-2002
1 2003-2004 under subsection (4).
2 (b) A district or
consortium that received funding in 2002-2003
3 2003-2004 under this section may operate independently of a consortium
4 or join or form a
consortium for 2003-2004 2004-2005. The allocation
5 for 2003-2004 2004-2005
to the district or the newly formed consortium
6 under this subsection
shall be determined by the department of career
7 development labor and economic growth and shall be based
on the
8 proportion of the amounts that are attributable to the district or
9 consortium that received
funding in 2002-2003 2003-2004. A district or
10 consortium described in this subdivision shall notify the department of
11 career development labor and economic growth of its intention
with
12 regard to 2003-2004
2004-2005 by October 1, 2003 2004.
13 (4) A district that
operated an adult education program in 2002-
14 2003 2003-2004 and does not intend to operate a program
in 2003-2004
15 2004-2005 shall notify
the department of career development labor and
16 economic growth by October 1, 2003
2004 of its intention. The funds
17 intended to be allocated under this section to a district that does not
18 operate a program in 2003-2004
2004-2005 and the unspent funds
19 originally allocated under this section to a district or consortium that
20 subsequently operates a program at less than the level of funding
21 allocated under subsection (3) shall instead be proportionately
22 reallocated to the other districts described in subsection (3)(a) that
23 are operating an adult
education program in 2003-2004 2004-2005 under
24 this section.
25 (5) The amount allocated under this section per full-time equated
26 participant is $2,850.00 for a 450-hour program. The amount shall be
27 proportionately reduced for a program offering less than 450 hours of
1 instruction.
2 (6) An adult basic education program or an adult English as a
3 second language program operated on a year-round or school year basis
4 may be funded under this section, subject to all of the following:
5 (a) The program enrolls adults who are determined by an
6 appropriate assessment to be below ninth grade level in reading or
7 mathematics, or both, or to lack basic English proficiency.
8 (b) The program tests individuals for eligibility under
9 subdivision (a) before enrollment and tests participants to determine
10 progress after every 90 hours of attendance, using assessment
11 instruments approved by
the department of career development labor and
12 economic growth.
13 (c) A participant in an adult basic education program is eligible
14 for reimbursement until 1 of the following occurs:
15 (i) The participant's reading and mathematics proficiency are
16 assessed at or above the ninth grade level.
17 (ii) The participant fails to show progress on 2 successive
18 assessments after having completed at least 450 hours of instruction.
19 (d) A funding recipient enrolling a participant in an English as a
20 second language program is eligible for funding according to subsection
21 (10) until the participant meets 1 of the following:
22 (i) The participant is assessed as having attained basic English
23 proficiency.
24 (ii) The participant fails to show progress on 2 successive
25 assessments after having completed at least 450 hours of instruction.
26 The department of career
development labor and economic growth shall
27 provide information to a funding recipient regarding appropriate
1 assessment instruments for this program.
2 (7) A general education development (G.E.D.) test preparation
3 program operated on a year-round or school year basis may be funded
4 under this section, subject to all of the following:
5 (a) The program enrolls adults who do not have a high school
6 diploma.
7 (b) The program shall administer a G.E.D. pre-test approved by the
8 department of career
development labor and economic growth before
9 enrolling an individual to determine the individual's potential for
10 success on the G.E.D. test, and shall administer other tests after every
11 90 hours of attendance to determine a participant's readiness to take
12 the G.E.D. test.
13 (c) A funding recipient shall receive funding according to
14 subsection (10) for a participant, and a participant may be enrolled in
15 the program until 1 of the following occurs:
16 (i) The participant passes the G.E.D. test.
17 (ii) The participant fails to show progress on 2 successive tests
18 used to determine readiness to take the G.E.D. test after having
19 completed at least 450 hours of instruction.
20 (8) A high school completion program operated on a year-round or
21 school year basis may be funded under this section, subject to all of
22 the following:
23 (a) The program enrolls adults who do not have a high school
24 diploma.
25 (b) A funding recipient shall receive funding according to
26 subsection (10) for a participant in a course offered under this
27 subsection until 1 of the following occurs:
1 (i) The participant passes the course and earns a high school
2 diploma.
3 (ii) The participant fails to earn credit in 2 successive
4 semesters or terms in which the participant is enrolled after having
5 completed at least 900 hours of instruction.
6 (9) A job or employment-related adult education program operated
7 on a year-round or school year basis may be funded under this section,
8 subject to all of the following:
9 (a) The program enrolls adults referred by their employer who are
10 less than 20 years of age, have a high school diploma, are determined to
11 be in need of remedial mathematics or communication arts skills and are
12 not attending an institution of higher education.
13 (b) An individual may be enrolled in this program and the grant
14 recipient shall receive funding according to subsection (10) until 1 of
15 the following occurs:
16 (i) The individual achieves the requisite skills as determined by
17 appropriate assessment instruments administered at least after every 90
18 hours of attendance.
19 (ii) The individual fails to show progress on 2 successive
20 assessments after having completed at least 450 hours of instruction.
21 The department of career
development labor and economic growth shall
22 provide information to a funding recipient regarding appropriate
23 assessment instruments for this program.
24 (10) In order to receive funds under this section, a district or
25 intermediate district shall:
26 (a) Be part of an adult education strategic plan.
27 (b) Develop individual adult education plans containing the
1 educational goals and objectives for each participant.
2 (c) Use research-based instructional practices and technology that
3 have proven to be effective for adult learners.
4 (d) Coordinate with other available resources in the community,
5 such as schools, postsecondary institutions, job training programs,
6 one-stop centers, and social service agencies.
7 (e) Offer job and postsecondary education counseling services.
8 (f) Report participant outcomes and other measures of program
9 performance in a form and manner approved by the department of labor
10 and economic growth.
11 (11) (10)
A funding recipient shall receive payments under this
12 section in accordance with the following:
13 (a) Ninety Eighty
percent for enrollment of eligible participants,
14 including development of individual adult learner plans.
15 (b) Ten Twenty percent for completion of the adult basic education
16 objectives by achieving an increase of at least 1 grade level of
17 proficiency in reading or mathematics; for achieving basic English
18 proficiency; for passage of the G.E.D. test; for passage of a course
19 required for a participant to attain a high school diploma; or for
20 completion of the course and demonstrated proficiency in the academic
21 skills to be learned in the course, as applicable.
22 (12) (11)
As used in this section: , "participant"
23 (a) "Participant" means the sum of the number of full-time
24 equated individuals enrolled in and attending a department-approved
25 adult education program under this section, using quarterly participant
26 count days on the schedule described in section 6(7)(b).
27 (b) "Strategic plan" means a document approved by the department
1 of labor and economic growth that incorporates adult education goals
2 and objectives for the local workforce development board region and is
3 developed by the education advisory group of the local workforce
4 development board.
5 (c) "Workforce development board" means a local workforce
6 development board established pursuant to the workforce investment act
7 of 1998, Public Law 105-220, 112 Stat. 936, and the school-to-work
8 opportunities act of 1994, Public Law 103-239, 108 Stat. 568, or the
9 equivalent.
10 (13) (12) A person who is not eligible to be a participant
funded
11 under this section may receive adult education services upon the payment
12 of tuition. In addition, a person who is not eligible to be served in a
13 program under this section due to the program limitations specified in
14 subsection (6), (7), (8), or (9) may continue to receive adult education
15 services in that program upon the payment of tuition. The tuition level
16 shall be determined by the local or intermediate district conducting the
17 program.
18 (14) (13)
An individual who is an inmate in a state correctional
19 facility shall not be counted as a participant under this section.
20 (15) (14)
A district shall not commingle money received under this
21 section or from another source for adult education purposes with any
22 other funds of the district. A district receiving adult education funds
23 shall establish a separate ledger account for those funds. This
24 subsection does not prohibit a district from using general funds of the
25 district to support an adult education or community education program.
26 (16) (15)
A district or intermediate district receiving funds
27 under this section may establish a sliding scale of tuition rates based
1 upon a participant's family income. A district or intermediate district
2 may charge a participant tuition to receive adult education services
3 under this section from that sliding scale of tuition rates on a uniform
4 basis. The amount of tuition charged per participant shall not exceed
5 the actual operating cost per participant minus any funds received under
6 this section per participant. A district or intermediate district may
7 not charge a participant tuition under this section if the participant's
8 income is at or below 200% of the federal poverty guidelines published
9 by the United States department of health and human services.
10 Sec. 107b. (1) The department is authorized to implement a pilot
11 adult learning system in 2 Michigan works! regions as described under
12 this section.
13 (2) Funds that would be allocated to adult education providers
14 located within the two Michigan works! regions from section 107(1)
15 pursuant to section 107 shall instead be distributed to two Michigan
16 works! agencies selected by the department to participate in the pilot
17 adult learning systems.
18 (3) To be eligible to be enrolled as a participant in a pilot
19 adult learning system, a person shall be at least 16 years of age as of
20 September 1 of the immediately preceding state fiscal year and shall
21 meet the following, as applicable:
22 (a) If the individual has obtained a high school diploma or a
23 general education development (G.E.D.) certificate, the individual is
24 determined to have English language proficiency, reading, writing, or
25 math skills below employment trainability skills standards as determined
26 by tests approved by the department and is not enrolled in a
27 postsecondary institution. An individual who has obtained a high school
1 diploma is not eligible for enrollment in a G.E.D. test preparation
2 program.
3 (b) If the individual has not obtained a high school diploma or a
4 G.E.D. certificate, the individual has not attended a secondary
5 institution for at least 6 months before enrollment in an adult learning
6 pilot project and is not enrolled in a postsecondary institution.
7 (4) Not more than 5% of a grant awarded to a Michigan works!
8 agency may be used for program administration, including contracting for
9 the provision of career and educational information, counseling
10 services, and assessment services.
11 (5) A Michigan works! agency authorized to participate in a pilot
12 adult learner system shall comply with the following requirements in a
13 manner approved by the department:
14 (a) The Michigan works! agency shall document the need for adult
15 learning programs in its region.
16 (b) The Michigan works! agency shall develop a strategic plan that
17 does the following:
18 (i) Identifies multiple potential adult learning providers,
19 including community-based organizations. Eligible providers shall have
20 programs that are open entry/open exit, allowing for the immediate start
21 of training and exit of system upon completion of learning goals.
22 (ii) Provides an efficient referral process for participants to
23 enroll with appropriate adult learning providers.
24 (iii) Coordinates the pilot adult learner system with other
25 available resources in the community, such as schools, postsecondary
26 institutions, job training programs, and social service agencies.
27 (iv) Contains regional promotional and recruitment strategies to
1 inform potential participants, referral agencies, special targeted
2 groups and the general public of available services.
3 (v) Provides adequate job and postsecondary education counseling
4 services.
5 (c) The local workforce development board shall report participant
6 outcomes and other measurements of program performance into the Michigan
7 adult education reporting system (MAERS) administered by the department.
8 (d) A Michigan works! agency shall allow access for the department
9 or its designee to audit all records related to a pilot adult learning
10 system for which it receives funds. The agency shall reimburse this
11 state for all disallowances found in the audit.
12 (6) The Michigan works! agencies in the two pilot adult learner
13 systems shall award competitive grants to eligible adult learning
14 providers for the purpose of providing adult learning programs in their
15 regions. Applications shall be in a form and manner prescribed by the
16 department. Michigan works! agencies shall reimburse eligible adult
17 learning providers under this section as follows:
18 (a) The contract amount shall be allocated to eligible adult
19 learning providers based upon the following performance standards as
20 measured in a manner approved by the department:
21 (i) The percentage of participants taking both a pretest and a
22 posttest in English language proficiency, reading, writing, and math.
23 (ii) The percentage of participants showing improvement toward
24 goals identified in their individual adult learner plan.
25 (iii) The percentage of participants achieving their terminal
26 goals as identified in their individual adult learner plan.
27 (b) A provider is eligible for reimbursement for a participant in
1 an adult learning program until the participant's reading, writing, or
2 math proficiency, as applicable, is assessed at employment trainability
3 skills standards or the participant fails to show progress on 2
4 successive assessments as determined by the department.
5 (c) A provider is eligible for reimbursement for a participant in
6 an English as a second language program until the participant is
7 assessed as having attained basic English proficiency or the participant
8 fails to show progress on 2 successive assessments as determined by the
9 department.
10 (d) A provider is eligible for reimbursement for a participant in
11 A G.E.D. test preparation program until the participant passes the
12 G.E.D. test or the participant fails to show progress on 2 successive
13 assessments as determined by the department.
14 (e) A provider is eligible for reimbursement for a participant in
15 A high school completion program until the participant earns a high
16 school diploma or the participant fails to show progress as determined
17 by the department.
18 (7) A person who is not eligible to be a participant funded under
19 this section may receive adult learning services upon the payment of
20 tuition or fees for service. The tuition or fee level shall be
21 determined by the adult learning provider and approved by the Michigan
22 works! agency.
23 (8) A provider shall not be reimbursed under this section for an
24 individual who is an inmate in a state correctional facility.
25 (9) A provider shall allow access for the Michigan works! agency
26 or its designee to audit all records related to pilot adult learning
27 systems for which it receives funds. The adult learning provider shall
1 reimburse this state for all disallowances found in the audit.
2 (10) As used in this section:
3 (a) "Adult education", for the purposes of complying with section
4 3 of article VIII of the state constitution of 1963, means a high school
5 pupil receiving educational services in a nontraditional setting from a
6 district or intermediate district in order to receive a high school
7 diploma.
8 (b) "Adult learning system" means a system approved by the
9 department that improves reading, writing, and math skills to employment
10 trainability skills standards; an English as a second language program;
11 A G.E.D. preparation program; a high school completion program; or a
12 workforce readiness program that enhances employment opportunities.
13 (c) "Department" for the purposes of this section means the
14 department of labor and economic growth.
15 (d) "Eligible adult learning provider" means a district, public
16 school academy, intermediate district, community college, university,
17 community-based organization, or other organization approved by the
18 department that provides adult learning systems under a contract with a
19 Michigan works! agency that is part of a pilot adult learner system.
20 (e) "Employment trainability skills standard" means a proficiency
21 level approved by the department in English language, reading, writing,
22 or mathematics, or any and all of these, as determined by results from
23 assessments approved for use by the department.
24 (f) "Michigan works! agency" means the agency designated by the
25 chief elected official and approved by the Governor to administer the
26 portion of the Michigan works! system for that local workforce
27 investment area.
1 (g) "Participant" means an individual enrolled in an adult
2 learning program and receiving services from an eligible adult learning
3 provider.
4 (h) "Pilot project" means a temporary project established to
5 deliver a new adult learner system.
6 Sec. 147. (1) The
allocation for 2003-2004 2004-2005 for the
7 public school employees' retirement system pursuant to the public school
8 employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408,
9 shall be made using the entry age normal cost actuarial method and risk
10 assumptions adopted by the public school employees retirement board and
11 the department of management and budget. The annual level percentage of
12 payroll contribution rate
is estimated at 14.37% 14.87% for the 2003-
13 2004 2004-2005 state fiscal year. However, if
all eligible districts
14 participating in the
school bond loan authority assist the state
15 treasurer in the
refinancing of school bond loan authority debt, the
16 annual level
percentage of payroll contribution rate for all districts
17 is estimated to be
12.99% for the 2003-2004 fiscal year. If an eligible
18 district does not
assist in the refinancing, that district's payroll
19 contribution rate is
estimated to be 14.37% for the 2003-2004 fiscal
20 year. The portion of the contribution rate assigned to districts
and
21 intermediate districts for each fiscal year is all of the total
22 percentage points. This contribution rate reflects an amortization
23 period of 33 32
years for 2003-2004 2004-2005. The public school
24 employees' retirement system board shall notify each district and
25 intermediate district by February 28 of each fiscal year of the
26 estimated contribution rate for the next fiscal year.
27 (2) It is the intent of the legislature that the amortization
1 period described in section 41(2) of the public school employees
2 retirement act of 1979, 1980 PA 300, MCL 38.1341, be reduced to 30 years
3 by the end of the 2005-2006 state fiscal year by reducing the
4 amortization period by not more than 1 year each fiscal year.
5 Sec. 152. Except for reports due on other dates specified in this
6 act, each district and intermediate district shall furnish to the center
7 or the department, as applicable, before the first Monday in November of
8 each year those reports the department considers necessary for the
9 determination of the allocation of funds under this act. In order to
10 receive funds under this act, each district and intermediate district
11 shall also furnish to the center or the department, as applicable, the
12 information the department considers necessary for the administration of
13 this act, including information necessary to determine compliance with
14 article 16, and for the provision of reports of educational progress to
15 the senate and house committees responsible for education, the senate
16 and house appropriations subcommittees responsible for appropriations to
17 school districts, the senate and house fiscal agencies, and the state
18 budget director, as appropriate.
19 Sec. 158b. Each district that receives federal impact aid under
20 section 3(c)(1) of title 1 of chapter 1124, 64 Stat. 1100, 20 U.S.C.
21 238, annually shall
report to the department center, in the form and
22 manner prescribed by the department, the amount of that aid the district
23 received.
24 Sec. 163. (1) Except as provided in the revised school code or in
25 section 108
107b, the board of a district or intermediate district shall
26 not permit any of the following:
27 (a) A noncertificated teacher to teach in an elementary or
1 secondary school or in an adult basic education or high school
2 completion program.
3 (b) A noncertificated counselor to provide counseling services to
4 pupils in an elementary or secondary school or in an adult basic
5 education or high school completion program.
6 (2) Except as provided in the revised school code or in section
7 108 107b, a district or intermediate district
employing teachers or
8 counselors not legally certificated shall have deducted the sum equal to
9 the amount paid the teachers or counselors for the period of
10 noncertificated or illegal employment. Each intermediate superintendent
11 shall notify the department of the name of the noncertificated teacher
12 or counselor, and the district employing that individual and the amount
13 of salary the noncertificated teacher or counselor was paid within a
14 constituent district.
15 (3) If a school official is notified by the department that he or
16 she is employing a nonapproved noncertificated teacher or counselor in
17 violation of this section and knowingly continues to employ that teacher
18 or counselor, the school official is guilty of a misdemeanor, punishable
19 by a fine of $1,500.00 for each incidence.
20 Enacting section 1. In accordance with section 30 of article IX
21 of the state constitution of 1963, total state spending in this
22 amendatory act from state sources for fiscal year 2004-2005 is
23 estimated at $11,165,500,000.00 and state appropriations to be paid to
24 local units of government for fiscal year 2004-2005 are estimated at
25 $11,107,634,200.
26 Enacting section 2. Sections 8a, 11c, 31e, 32b, 68, 107a, 108
27 and 166 of the state school aid act of 1979, 1979 PA 94, MCL 388.1608a,
1 388.1611c, 388.1631e, 388.1632b, 388.1668, 388.1707a, 388.1708 and
2 388.1766, are repealed effective October 1, 2004.
3 Enacting section 3. (1) Except as otherwise specified in
4 subsection (2), this act shall take effect October 1, 2004.
5 (2) Sections 22a and 94a, as amended by the amendatory act, take
6 effect upon enactment of this amendatory act.