SB-0622, As Passed Senate, October 27, 2011

SUBSTITUTE FOR

SENATE BILL NO. 622

     A bill to amend 1996 PA 160, entitled

"Postsecondary enrollment options act,"

by amending section 3 (MCL 388.513), as amended by 2005 PA 180.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) As used in this act:

     (a) "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.

     (b) "Department" means the department of education.

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

fees, material fees, and registration fees required by an eligible

institution for enrollment in an eligible course. For a community

college, the tuition rate used to determine eligible charges is the

tuition rate for residents of the community college district

regardless of the residency status of the eligible student.

Eligible charges also include any late fees charged by an eligible

postsecondary institution due to the school district's or

department of treasury'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.

     (d) "Eligible course" means a course offered by an eligible

postsecondary institution that is offered for postsecondary credit;

that is not offered by the school district or state approved

nonpublic school in which the eligible student is enrolled, or that

is offered by the school district or state approved nonpublic

school but is determined by the board of the school district its

governing board to not be available to the eligible student because

of a scheduling conflict beyond the eligible student's control;

that is an academic course not ordinarily taken as an activity

course; that is a course that the postsecondary institution

normally applies toward satisfaction of degree requirements; that

is not a hobby craft or recreational course; and that is in a

subject area other than physical education, theology, divinity, or

religious education. However, until the 2006-2007 school year, for

an eligible student who has not achieved state endorsement in all

subject areas under section 1279 of the revised school code, 1976

PA 451, MCL 380.1279, an eligible course is limited to a course in

a subject area for which he or she has achieved state endorsement,

a course in computer science or foreign language not offered by the

school district, or a course in fine arts as permitted by the

school district. Beginning with eligibility to participate under

this act during the 2006-2007 school year, for For a home-schooled

child, an eligible course is a course offered by an eligible

postsecondary institution that is offered for postsecondary credit;

that is an academic course not ordinarily taken as an activity

course; that is a course that the postsecondary institution

normally applies toward satisfaction of degree requirements; that

is not a hobby craft or recreational course; and that is in a

subject area other than physical education, theology, divinity, or

religious education. However, for an eligible student who has not

achieved a qualifying score in each subject area on a readiness

assessment or the Michigan merit examination, as applicable for the

student, an eligible course is limited to a course in a subject

area for which he or she has achieved a qualifying score, a course

in computer science or foreign language not offered by the school

district, or a course in fine arts as permitted by the school

district. For each individual eligible student, a course described

in this subdivision is not an eligible course if the eligible

student's enrollment in, and the payment of eligible charges under

this act for, the course would exceed the following limits:

     (i) Not more than 2 courses during each academic year in the

eligible student's first, second, or third academic year of

enrollment under this act in an eligible postsecondary institution.

     (ii) Not more than 4 courses during the academic year in the

eligible student's fourth academic year of enrollment under this

act in an eligible postsecondary institution.

     (e) "Eligible postsecondary 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.

     (f) "Eligible student" means, except as otherwise provided in

this subdivision, a student enrolled in at least 1 high school

class in at least grade 11 in a school district or state approved

nonpublic school in this state, except a foreign exchange pupil

enrolled in a school district under a cultural exchange program, or

a home-schooled child enrolled in high school. 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, However,

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 only for the limited purpose of enrolling in 1

or more eligible courses under this act in a subject area for which

he or she has achieved state endorsement, in computer science or

foreign language not offered by the school district, or in fine

arts as permitted by the school district. Beginning with

eligibility to participate under this act during the 2006-2007

school year, to 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 only

for the limited purpose of enrolling in 1 or more eligible courses

under this act in a subject area for which he or she has achieved a

qualifying score, in computer science or foreign language not

offered by the school district, or in fine arts as permitted by the

school district. 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.

     (g) "Home-schooled child" means a child who is being educated

at the child's home by his or her parent or legal guardian in an

organized educational program in the subject areas of reading,

spelling, mathematics, science, history, civics, literature,

writing, and English grammar.

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

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

380.4.

(i) (h) "Michigan merit examination" means that examination

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

451, MCL 380.1279g.

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

assessment or the Michigan merit examination that has been

determined by the superintendent of public instruction to indicate

readiness to enroll in a postsecondary course in that subject area

under this act.

(k) (j) "Readiness assessment" means assessment instruments

that are aligned with state learning standards; that are used

nationally 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) (k) "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 as defined in

section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(m) "State approved nonpublic school" means that term as

defined in section 6 of the revised school code, 1976 PA 451, MCL

380.6.

     (n) (l) "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 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.

     Enacting section 1. This amendatory act takes effect July 1,

2012.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

     (a) Senate Bill No. 623.

     (b) Senate Bill No. 709.

     (c) Senate Bill No. 710.