HB-4144, As Passed Senate, September 29, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4144

     A bill to amend 2000 PA 258, entitled

"Career and technical preparation act,"

by amending section 3 (MCL 388.1903), as amended by 2004 PA 592.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) As used in this act:

     (a) "Career and technical preparation program" means a program

that teaches a trade, occupation, or vocation and that is operated

by an eligible postsecondary educational institution located in

this state.

     (b) "Community college" means a community college established

under the community college act of 1966, 1966 PA 331, MCL 389.1 to

389.195, or under part 25 of the revised school code, 1976 PA 451,

MCL 380.1601 to 380.1607, or a federal tribally controlled

community college located in this state that is recognized under

the tribally controlled community college assistance act of 1978,

25 USC 1801 to 1852, and is determined by the department to meet

the requirements for accreditation by a recognized regional

accrediting body.

     (c) "Department" means the department of labor and economic

growth.

     (d) "Eligible charges" means tuition and mandatory course

fees, material fees, and registration fees required by a career and

technical preparation program for enrollment in an eligible course.

Eligible charges also include any late fees charged by a career and

technical preparation program due to the school district's failure

to make a required payment according to the timetable prescribed

under this act. Eligible charges do not include transportation or

parking costs or activity fees.

     (e) "Eligible course" means a course offered by a career and

technical preparation program that is not offered through the

school district, intermediate school district, or area vocational-

technical education program in which the eligible student is

enrolled, or that is offered through the school district,

intermediate school district, or area vocational-technical

education program but is determined by its governing board to not

be available to the eligible student because of a scheduling

conflict beyond the eligible student's control; that is a career

and technical preparation course not ordinarily taken as an

activity course; that is a course that the career and technical

preparation program normally applies toward satisfaction of

certificate, degree, or program completion requirements; and that

is not a hobby craft or recreational course.

     (f) "Eligible postsecondary educational institution" means a

state university, community college, or independent nonprofit

degree-granting college or university that is located in this state

and that chooses to comply with this act.

     (g) "Eligible student" means a student enrolled in at least 1

high school class in at least grade 11 in a school district in this

state, except a foreign exchange pupil enrolled in a school

district under a cultural exchange program. Until the 2006-2007

school year, to be an eligible student a student must have achieved

state endorsement in all subject areas under section 1279 of the

revised school code, 1976 PA 451, MCL 380.1279, and, subject to

subsection (2), the student shall not have been enrolled in high

school for more than 4 school years including the school year in

which the student seeks to enroll in an eligible course under this

act. However, if the student has not achieved state endorsement in

all subject areas under that section, the student is an eligible

student if the student achieves state endorsement in mathematics

and a qualifying score on a nationally or industry recognized job

skills assessment test as determined by the department. Beginning

with eligibility to participate under this act during the 2006-2007

school year, to be an eligible student a student who has not taken

the Michigan merit examination must have achieved a qualifying

score in all subject areas on a readiness assessment and a student

who has taken the Michigan merit examination must have achieved a

qualifying score in all subject areas on the Michigan merit

examination, and, subject to subsection (2), the student shall not

have been enrolled in high school for more than 4 school years

including the school year in which the student seeks to enroll in

an eligible course under this act. However, if the student has not

achieved a qualifying score in all subject areas on a readiness

assessment or the Michigan merit examination, as applicable for the

student, the student is an eligible student if the student achieves

a qualifying score in mathematics and a qualifying score on a

nationally or industry recognized job skills assessment test as

determined by the superintendent of public instruction. For the

purposes of determining the number of years a pupil has been

enrolled in high school, a pupil who is enrolled in high school for

less than 90 days of a school year due to illness or other

circumstances beyond the control of the pupil or the pupil's parent

or guardian is not considered to be enrolled in high school for

that school year.

     (h) "Intermediate school district" means that term as defined

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

     (i) "Michigan merit examination" means that examination

developed under section 1279g of the revised school code, 1976 PA

451, MCL 380.1279g.

     (j) "Qualifying score" means a score on a readiness assessment

or on a nationally or industry recognized job skills assessment

test that has been determined by the superintendent of public

instruction to indicate readiness to enroll in a course under this

act.

     (k) "Readiness assessment" means assessment instruments that

are aligned with state learning standards; that are used nationally

House Bill No. 4144 as amended September 27, 2005

to provide high school students with an early indication of college

readiness proficiency in English, mathematics, reading, social

studies, and science and may contain a comprehensive career

planning program; and that are approved by the superintendent of

public instruction for the purposes of this act.

     (l) "School district" means that term as defined in section 6

of the revised school code, 1976 PA 451, MCL 380.6, a local act

school district as defined in section 5 of the revised school code,

1976 PA 451, MCL 380.5, or a public school academy organized under

the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

     (m) "State university" means a state institution of higher

education described in section 4, 5, or 6 of article VIII of the

state constitution of 1963.

     (2) The <<DEPARTMENT, IN CONSULTATION WITH THE SUPERINTENDENT

OF PUBLIC INSTRUCTION,>> shall promulgate rules

establishing criteria and procedures under which a student who has

been enrolled in high school for more than 4 years but not more

than 5 years may be considered to be an eligible student. The rules

shall address special circumstances under which a student may

qualify to be considered an eligible student under this subsection

and may limit the number of courses in which a student who

qualifies under this subsection may enroll. For the purposes of

determining the number of years a pupil has been enrolled in high

school, a pupil who is enrolled in high school for less than 90

days of a school year due to illness or other circumstances beyond

the control of the pupil or the pupil's parent or guardian is not

considered to be enrolled for that school year.