February 8, 2007, Introduced by Senator VAN WOERKOM and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 3, 7, 623a, 684, and 686 (MCL 380.3, 380.7,
380.623a, 380.684, and 380.686), section 3 as amended by 2004 PA
303, section 623a as amended by 2004 PA 588, and section 684 as
amended by 1996 PA 277.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Area" as used in the phrase "area vocational-
technical
education program" means the geographical territory, both
within
and without the boundaries of either a K to 12 school
district, an intermediate school district, or a community college
district, that is designated by the state board as the service area
for the operation of an area vocational-technical education
program.
(2) "Area vocational-technical education program", "area
career and technical education program", or "career and technical
education program" means a program of organized, systematic
instruction designed to prepare the following persons for useful
employment in recognized occupations:
(a) Persons participating in career and technical education
readiness activities that lead to enrollment in a career and
technical education program in high school.
(b) (a)
Persons enrolled in high school.
(c) (b)
Persons who have completed or left high school and who
are available for full-time study in preparation for entering the
labor market.
(d) (c)
Persons who have entered the labor market and who need
training or retraining to achieve stability or advancement in
employment.
(3) "Board" or "school board" means the governing body of a
local school district or a local act school district unless clearly
otherwise
stated. Except in part 5a or part 6, for a school
district
organized as a first class school district, if the
question
under section 410 is approved in the school district, then
beginning
on the next January 1 occurring at least 1 year after the
question
under section 410 is presented to the school electors in
the
school district, "board" or "school board" means the chief
executive
officer of the first class school district.
(4) "Boarding school" means a place accepting for board, care,
and instruction 5 or more children under 16 years of age.
(5) "Constituent district" means a local school district or
special act school district the territory of which is entirely
within and is an integral part of an intermediate school district.
Sec. 7. (1) "Valuation of a fractional school district" means
the sum of the valuations of the fractions thereof, each of which
shall be computed in the same manner as the valuation of a whole
school district.
(2) "Valuation of the state" means the equalized value as
determined by the state board of equalization.
(3) "Valuation of a whole school district" means the total
assessed value of the property contained in the district as fixed
by the township or city board of review, which in turn is
proportionately increased or decreased to the basis of the
valuation of the county containing the district as fixed by the
county board of equalization, and the result in turn
proportionately increased or decreased to the basis of the
valuation of the county containing the district as last fixed by
the state board of equalization, known as the "state equalized
valuation".
(4)
"Vocational education" or
"career and technical education"
means
vocational or technical training or retraining which is given
in
schools or classes, including field or laboratory work
incidental
thereto, under public supervision and control, and is
conducted
as part of a program designed to fit individuals for
gainful
employment as semiskilled or skilled workers or technicians
in
recognized occupations, excluding a program to fit individuals
for
employment in occupations which the state board determines and
specifies
to be generally considered professional or as requiring a
baccalaureate
or higher degree. The term includes guidance and
counseling
in connection with the training and instruction related
to
the occupation for which the pupil is being trained or necessary
for
the pupil to benefit from the training. The term includes the
acquisition,
maintenance, and repair of instructional supplies,
teaching
aids, and equipment, the construction or initial equipment
of
buildings, and the acquisition or rental of land. education
designed to provide career development and the knowledge and skills
leading to entry-level technical employment or higher education in
a technical field. Career and technical education programs include
classroom and laboratory experiences and work-based instruction.
The term includes guidance and counseling for a pupil related to
the career for which the pupil is being educated and trained.
Allowable expenses related to career and technical education
delivery include all instructional, support, and administrative
costs associated with providing these activities, including, but
not limited to, staff salaries, wages, and benefits; information
and awareness activities; acquisition and rental of real property;
construction of buildings; acquisition of equipment and supplies;
and maintenance, repair, and replacement of buildings, lands,
equipment, and supplies.
Sec. 623a. (1) An intermediate school board shall adopt
written policies governing the procurement of supplies, materials,
and equipment.
(2) Except as otherwise provided in subsection (3), an
intermediate school district shall not purchase an item or a group
of
items purchased in a single transaction costing $17,932.00
$19,653.00 or more unless competitive bids are obtained for those
items and the purchase of those items is approved by the
intermediate school board. The maximum amount specified in this
section shall be adjusted each year by multiplying the amount for
the immediately preceding year by the percentage by which the
average consumer price index for all items for the 12 months ending
August 31 of the year in which the adjustment is made differs from
that index's average for the 12 months ending on August 31 of the
immediately preceding year and adding that product to the maximum
amount that applied in the immediately preceding year, rounding to
the nearest whole dollar.
(3) An intermediate school district is not required to obtain
competitive bids for items purchased through the cooperative bulk
purchasing program operated by the department of management and
budget under section 263(3) of the management and budget act, 1984
PA 431, MCL 18.1263.
(4) The intermediate school board of an intermediate school
district may acquire by purchase, lease, or rental, with or without
option to purchase, equipment necessary for the operation of
intermediate school district programs, including, but not limited
to, heating, water heating, and cooking equipment for school
buildings, and may pay for the equipment from operating funds of
the intermediate school district. Heating and cooking equipment may
be purchased on a title retaining contract or other form of
agreement creating a security interest and pledging in payment
money in the general fund or funds received from state school aid.
The contracts may extend for not more than 10 years.
Sec. 684. (1) An intermediate school board in which an area
vocational-technical
career and technical education program has
been
established may operate area vocational-technical career and
technical education programs or may contract with local school
districts or with community colleges for the operation of the
programs or with a private degree-granting postsecondary
institution if the intermediate school district is not within a
community college district and if there existed on or before July
1, 1992 a written agreement for the operation of such a program.
Area
vocational-technical career
and technical education programs
operated under sections 681 to 690 shall be submitted for review of
the representatives of the constituent districts of the
intermediate school district at an annual budget review meeting
held on or before June 1 under section 624.
(2)
An intermediate school board may expend area vocational-
technical
career and technical education funds for the operation of
area
vocational-technical career
and technical education programs
approved
by the state board for acquiring, purchasing, or
constructing
area vocational-technical education buildings,
acquiring
sites for area vocational-technical education buildings,
and
purchasing area vocational-technical education equipment for
instructional, support, and administrative costs associated with
providing career and technical education activities, including, but
not limited to, staff salaries, wages, and benefits; information
and awareness activities; acquisition and rental of real property;
construction of buildings; acquisition of equipment and supplies;
and maintenance, repair, and replacement of buildings, lands,
equipment, and supplies. An intermediate school board shall not
expend area vocational-technical education funds for purposes other
than those set forth in sections 681 to 690. An intermediate school
board must obtain state approval to use state or federal career and
technical education funds. Expenditure of vocational education
millage revenue for the purposes allowed under this subsection
shall be determined by the intermediate school board. The
intermediate school board shall ensure that all of the following
are met:
(a) The intermediate school board shall notify the department
of labor and economic growth at the time the career and technical
education program is established.
(b) In order to be responsive to local workforce needs,
emerging technologies, and local demand occupations, the
intermediate school district shall establish a program advisory
committee pursuant to administrative guidelines established by the
office of career and technical preparation within the department of
labor and economic growth. At least a majority of the members of
the program advisory committee shall be representatives from
business and industry.
(c) The program shall collect career and technical education
information data and distribute that data to the appropriate state
department or departments and to the program advisory committee.
(3) The department may monitor career and technical education
programs funded with state or federal funding based upon feedback
from the program advisory committee and predetermined state or
federal skills standards that include student outcomes.
(4) The department of labor and economic growth, in
consultation with the appropriate career and technical education
professionals, shall develop a process for expedited state approval
of programs that recognize local workforce needs, emerging
technologies, and local demand occupations.
(5) (3)
An intermediate school board
operating under sections
681 to 690 may expend funds received under section 683 for the
costs of a special election held to renew or increase the millage
limit
on the annual property tax levied for area vocational-
technical
career and technical education purposes.
(6) (4)
The treasurer of an intermediate school board shall
pay
out area vocational-technical career
and technical education
funds on order of the intermediate school board.
Sec. 686. (1) An intermediate school board may make grants of
money to constituent districts operating area vocational-technical
education centers or to community colleges serving the intermediate
district with area vocational-technical programs for the purpose of
constructing area vocational-technical education buildings, for
site acquisition, or for area vocational-technical education
equipment,
if prior to granting the funds before
the grant is made
the board of the constituent district in which the center is
located contracts to receive nonresident children into the facility
for a period of at least 15 years after the date of the contract,
or if the board of trustees of the community college contracts to
receive nonresident persons on a tuition basis into the facility
for a period of at least 15 years after the date of the contract.
(2) The contracts described in subsection (1) shall provide
that the constituent districts or community colleges are bound to
accept nonpublic school pupils and nonresident pupils into
designated area vocational-technical education facilities in return
for and in consideration of grants-in-aid for the construction of
area vocational-technical education buildings and for the purchase
of area vocational-technical education buildings, sites, and
equipment.
(3) If an intermediate school district has provided at least
90% of the financial consideration for the acquisition or
construction of an area vocational-technical education facility, a
constituent district may not dispose of the facility without the
consent of the intermediate school board even if title to the
facility is vested in the constituent district.