SB-0095, As Passed House, December 13, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 95

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1284 (MCL 380.1284), as amended by 1997 PA 53.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1284. (1) The board of a school district or of a public

school academy shall determine the length of the school term year.

However,  except as otherwise provided in subsections (2) and (3),

if the board does not want the school district's or public school

academy's state school aid payments to be withheld as described in

section 101 of the state school aid act of 1979, MCL 388.1701, the

board shall ensure that the  minimum number of days of pupil

instruction in a school year is 180 through the 1996-1997 school

year and is 181 in the 1997-1998 school year, 182 in the 1998-1999

school year, 183 in the 1999-2000 school year, 184 in the 2000-2001

school year, 185 in the 2001-2002 school year, 186 in the 2002-2003

school year, 187 in the 2003-2004 school year, 188 in the 2004-2005

school year, 189 in the 2005-2006 school year, and 190 in the 2006-

2007 school year and each succeeding school year, and shall ensure

that the minimum number of hours of pupil instruction in a school

year is 900 for the 1994-95 school year, 990 for the 1995-96 and

1996-97 school years, 1,041 for the 1997-1998 school year, 1,047

for the 1998-1999 school year, 1,098 for the 1999-2000 school year,

1,104 for the 2000-2001 school year, 1,110 for the 2001-2002 school

year, 1,116 for the 2002-2003 school year, 1,122 for the 2003-2004

school year, 1,128 for the 2004-2005 school year, 1,134 for the

2005-2006 school year, and 1,140 for the 2006-2007 school year and

each succeeding school year  school district or public school

academy provides at least the minimum amount of pupil instruction

during each school year required under section 101 of the state

school aid act of 1979, MCL 388.1701.

     (2) For a particular school year, if the department determines

that the percentage growth in the basic foundation allowance under

section 20 of the state school aid act of 1979, MCL 388.1620, for

the state fiscal year in which the school year begins, as compared

to the basic foundation allowance for the immediately preceding

state fiscal year, is less than the percentage increase in the

average United States consumer price index for all urban consumers,

as determined by the United States bureau of labor statistics, for

the calendar year immediately preceding the calendar year in which

the school year begins as compared to the second preceding calendar

year before the calendar year in which the school year begins, then

there shall be no increase in the required minimum number of days

or hours of pupil instruction under subsection (1) for that

particular school year. For the next school year after a school

year for which there is no increase in the required minimum number

of days and hours of pupil instruction under subsection (1) because

of the operation of this subsection, and if the first sentence of

this subsection does not apply, the increase in the required

minimum number of days and hours of pupil instruction shall only be

1 day and the corresponding number of hours. This subsection shall

apply and shall operate to limit increases under subsection (1)

until the required minimum number of days and hours of pupil

instruction under this section is 190 days and 1,140 hours.

     (3) The board of a school district or public school academy,

by resolution, may choose to provide less than the number of days

of pupil instruction required under subsection (1), but shall

provide at least 180 days of pupil instruction and at least the

number of hours of pupil instruction required under subsection (1).

(2) (4)  Not later than August 1 of each year, the board of

each school district and the board of directors of each public

school academy shall certify to the state board the number of  days

and  hours of pupil instruction in the previous school year.

(3) (5) Days lost  Time during which there is no pupil

instruction because of strikes or teachers' conferences shall not

be counted as  days of pupil instruction.

(4) (6) The  state board  superintendent of public

instruction shall promulgate rules for the implementation of this

section.