May 12, 2010, Introduced by Senator PATTERSON and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1278d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1278d. (1) A school district, public school academy, or
intermediate school district, the president of the school board of
the school district or intermediate school district or board of
directors of the public school academy, the superintendent of the
school district or intermediate school district, and the principal
of the high school are jointly and severally liable to an
individual for damages described in subsection (2) if all of the
following apply:
(a) The individual is a former pupil of the school district,
public school academy, or intermediate school district who was
awarded a high school diploma by the school district, public school
academy, or intermediate school district.
(b) Within 2 years after the date the individual was awarded
the high school diploma, the individual enrolled in a postsecondary
institution.
(c) The individual was required by the postsecondary
institution, after an assessment of the individual's competency
level administered by the postsecondary institution, to complete a
remedial course as a prerequisite to taking a college freshman
level course in the same subject area as the remedial course.
(d) The individual successfully completed and received high
school credit for a course while in high school that covered
substantially the same subject matter as the remedial course.
(2) In an action under subsection (1), the individual may
recover an amount equal to 3 times the tuition and fees paid by the
individual for each remedial course described in subsection (1) or
$10,000.00, whichever is greater, and any other monetary damages
suffered by the individual as a result of being unprepared to begin
a college freshman level course.
(3) A determination of liability under subsection (1) may be
made using the individual's high school transcript and information
provided by the school district, public school academy, or
intermediate school district concerning course content.
(4) As used in this section, "postsecondary institution" means
an accredited vocational-technical program, community college,
college, or university located in this state.