SB-0709, As Passed Senate, October 27, 2011

SUBSTITUTE FOR

SENATE BILL NO. 709

A bill to amend 2000 PA 258, entitled

"Career and technical preparation act,"

by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL

388.1903a, 388.1904, 388.1907, 388.1909, 388.1910, and 388.1911),

section 3a as added and section 9 as amended by 2004 PA 592.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to establish career and technical preparation

enrollment options for certain students; ~~enrolled in Michigan~~

~~schools;~~ to prescribe certain duties of public schools, certain

nonpublic schools, and certain postsecondary institutions; to

prescribe certain powers and duties of certain state departments,

officials, and agencies; and to repeal acts and parts of acts.

Sec. 3a. (1) Not later than July 1, 2005, the superintendent

of public instruction shall do both of the following:

(a) Approve 1 or more readiness assessments that may be used

for the purposes of determining eligible students beginning with

participation in the 2006-2007 school year. Readiness assessments

shall be aligned with state learning standards and shall provide

high school students with an early indication of proficiency in the

subject areas of English, mathematics, reading, social studies, and

science and contain a comprehensive career planning program.

(b) Determine qualifying scores for each subject area

component of a readiness assessment and for a nationally or

industry recognized job skills assessment test that indicate

readiness to enroll in a course under this act.

(2) Not later than July 1, 2006, the superintendent of public

instruction shall determine qualifying scores for each subject area

component of the Michigan merit examination that indicate readiness

to enroll in a course under this act.

(3) Unless the school district or state approved nonpublic

school in which the student is enrolled elects to pay these costs,

a student who takes a readiness assessment or a job skills

assessment test for the purposes of this act is responsible for

paying all costs for taking and obtaining qualifying scores on a

readiness assessment or a job skills assessment test for the

purposes of this act. This state is not responsible for any of

these costs.

Sec. 4. (1) Upon request by the eligible student, the school

district or state approved nonpublic school in which an eligible

student is enrolled shall provide to the eligible student a letter

signed by the student's principal indicating the student's

eligibility under this act. For a home-schooled child, the child's

parent or legal guardian may supply this letter.

(2) An eligible student may apply to a career and technical

preparation program to enroll in 1 or more eligible courses offered

by that career and technical preparation program and, if accepted,

may enroll in 1 or more of those courses.

(3) ~~Within~~ for an eligible student enrolled in a school

district, within a reasonable time after registration, the career

and technical preparation program shall send written notice to the

eligible student and his or her school district. For an eligible

student enrolled in a state approved nonpublic school, within a

reasonable time after registration, the career and technical

preparation program shall send written notice to the eligible

student and his or her state approved nonpublic school and to the

department. For an eligible student who is a home-schooled child,

within a reasonable time after registration, the career and

technical preparation program shall send written notice to the

eligible student and his or her parent or legal guardian and to the

department. The notice shall indicate the course or courses and

hours of enrollment of that eligible student. The career and

technical preparation program shall notify the eligible student

about tuition, fees, books, materials, and other related charges,

as determined by the career and technical preparation program, in

the customary manner used by the career and technical preparation

program, and shall notify the eligible student of the estimated

amount of the eligible charges that will be billed to the school

district or department, as applicable, under subsection (4).

(4) ~~Unless~~ For an eligible student enrolled in a school

district, unless otherwise agreed between the career and technical

preparation program and the school district, after the expiration

of the career and technical preparation program's drop/add period

for the course, the career and technical preparation program shall

send a bill to the eligible student's school district detailing the

eligible charges for each eligible course in which the eligible

student is enrolled under this act. For an eligible student who is

enrolled in a state approved nonpublic school or who is a home-

schooled child, after the expiration of the career and technical

preparation program's drop/add period for the course, both of the

following apply:

(a) The career and technical preparation program shall send a

bill to the department detailing the eligible charges for each

eligible course in which the eligible student is enrolled under

this act.

(b) The department shall determine the amount of the eligible

charges to be paid by the department of treasury to the career and

technical preparation program on behalf of the eligible student

under this act and shall deliver this information to the department

of treasury by appropriate electronic means.

(5) ~~Upon~~ For an eligible student enrolled in a school

district, upon receiving the bill under subsection (4), the school

district shall cause to be paid to the career and technical

preparation program on behalf of the eligible student an amount

equal to the lesser of the amount of the eligible charges or the

prorated percentage of the ~~state portion of the foundation~~

~~allowance paid on behalf of that particular eligible student under~~

~~section 20 of the state school aid act of 1979, 1979 PA 94, MCL~~

~~388.1620, with the proration based on the proportion of the school~~

~~year that the eligible student attends the career and technical~~

~~preparation program.~~ statewide pupil-weighted average foundation

allowance, as calculated under section 20 of the state school aid

act of 1979, 1979 PA 94, MCL 388.1620, for all school districts for

the state fiscal year that begins on October 1 of the academic year

of enrollment in the career and technical education program, with

the proration based on the proportion of the school year that the

eligible student attends the career and technical education

program. However, in the calculation of the statewide pupil-

weighted average foundation allowance for the purposes of this

subsection, if a school district's foundation allowance is above

the basic foundation allowance under section 20 of the state school

aid act of 1979, 1979 PA 94, MCL 388.1620, then the school

district's foundation allowance shall be considered to be the basic

foundation allowance. Not later than September 1 of each year, the

department shall notify the department of treasury of the amount of

the statewide pupil-weighted average foundation allowance as

calculated for the purposes of this subsection. A school district

may pay more money to a career and technical preparation program on

behalf of an eligible student than is required under this act, and

may use local school operating revenue for that purpose. The

eligible student is responsible for payment of the remainder of the

costs associated with his or her enrollment in the career and

technical preparation program that exceed the amount the school

district is required to pay under this act and that are not paid by

the school district. As used in this subsection, "local school

operating revenue" means that term as defined in section 20 of the

state school aid act of 1979, 1979 PA 94, MCL 388.1620.

(6) For an eligible student who is enrolled in a state

approved nonpublic school or who is a home-schooled child, upon

receiving from the department under subsection (4) the amount of

the eligible charges to be paid on behalf of the eligible student,

the department of treasury shall cause to be paid to the career and

technical preparation program on behalf of the eligible student an

amount equal to the lesser of the amount of the eligible charges or

the prorated percentage of the statewide pupil-weighted average

foundation allowance, as calculated under section 20 of the state

school aid act of 1979, 1979 PA 94, MCL 388.1620, for all school

districts for the state fiscal year that begins on October 1 of the

academic year of enrollment in the career and technical education

program, with the proration based on the proportion of the school

year that the eligible student attends the career and technical

education program. However, in the calculation of the statewide

pupil-weighted average foundation allowance for the purposes of

this subsection, if a school district's foundation allowance is

above the basic foundation allowance under section 20 of the state

school aid act of 1979, 1979 PA 94, MCL 388.1620, then the school

district's foundation allowance shall be considered to be the basic

foundation allowance. Not later than September 1 of each year, the

department shall notify the department of treasury of the amount of

the statewide pupil-weighted average foundation allowance as

calculated for the purposes of this subsection. The eligible

student is responsible for payment of the remainder of the costs

associated with his or her enrollment in the career and technical

preparation program that exceed the amount the department of

treasury is required to pay under this act and that are not paid by

the department of treasury.

(7) ~~(6)~~ A career and technical preparation program shall not

charge a late fee to an eligible student, or a school district, the

department, or the department of treasury for a payment that is

made in compliance with the timetable prescribed under this act

even if the payment would otherwise be considered late by the

career and technical preparation program.

(8) ~~(7)~~ A school district, state approved nonpublic school, or

the department may require an eligible student to provide, on a

form supplied by the school district, state approved nonpublic

school, or the department, reasonable verification that the

eligible student is regularly attending a career and technical

preparation course under this act.

(9) ~~(8) If~~ For an eligible student ~~enrolled~~ who is enrolled in

a school district and who enrolls in an eligible course under this

act, if the student does not complete the eligible course, and if

the school district has paid money for the course or, if the

student enrolls in an eligible course for postsecondary credit only

and the student does not successfully complete the eligible course,

as determined by the career and technical preparation program, on

behalf of the student, all of the following apply:

(a) The career and technical preparation program shall forward

to the school district any funds that are refundable due to

noncompletion of the course. If applicable, the school district

shall then forward to the student any refunded money in excess of

the amount paid by the school district for the course on behalf of

the student.

(b) The student shall repay to the school district any funds

that were expended by the school district for the course that are

not refunded to the school district by the career and technical

preparation program. If the student does not repay this money, the

school district may impose sanctions against the student as

determined by school district policy. This subdivision does not

apply to a student who does not complete the course due to a family

or medical emergency, as determined by the career and technical

preparation program.

(10) For an eligible student who is enrolled in a state

approved nonpublic school, or is a home-schooled child, and who

enrolls in an eligible course under this act, if the student does

not complete the eligible course or, if the student enrolls in an

eligible course for postsecondary credit only and the student does

not successfully complete the eligible course, as determined by the

career and technical preparation program, and if the department of

treasury has paid money for the course on behalf of the student,

all of the following apply:

(a) The career and technical preparation program shall forward

to the department of treasury any funds that are refundable due to

noncompletion of the course. If applicable, the career and

technical preparation program shall then refund to the student any

funds that are refundable due to noncompletion of the course and

are in excess of the amount paid by the department of treasury for

the course on behalf of the student.

(b) The student shall repay to the department of treasury any

funds that were expended by the department of treasury for the

course that are not refunded to the department of treasury by the

career and technical preparation program. This subdivision does not

apply to a student who does not complete the course due to a family

or medical emergency, as determined by the career and technical

preparation program.

(11) ~~(9)~~ A school district, state approved nonpublic school,

the department, or the department of treasury shall make available

to an eligible student ~~enrolled in the school district~~ copies of

all correspondence in the possession of the school district, state

approved nonpublic school, department, or department of treasury

regarding the eligible student's participation in a career and

technical preparation course under this act. Correspondence

described in this subsection shall be kept by the school district,

state approved nonpublic school, department, or department of

treasury for at least 1 year.

(12) ~~(10)~~ If a school district pays for books for an eligible

student for a career and technical preparation course under this

section, the books are the property of the school district and

shall be turned over to the school district after the eligible

student completes the course.

(13) ~~(11)~~ This section does not apply to any career and

technical preparation courses in which an eligible student is

enrolled in addition to being enrolled full-time in that eligible

student's school district, state approved nonpublic school, or home

school program; to a career and technical preparation course an

eligible student is retaking after failing to achieve a

satisfactory grade; or to a course contrary to the eligibility

provisions of this act. In determining full-time enrollment in a

school district under this ~~act~~ section or a school district's full-

time equated membership under the state school aid act of 1979,

1979 PA 94, MCL 388.1601 to 388.1772, for ~~pupils~~ a pupil enrolled

in a career and technical preparation program under this act, the

pupil's enrollment in both the school district and the career and

technical preparation program shall be counted as enrollment in the

school district and a pupil shall not be considered to be enrolled

in a school district less than full-time solely because of the

effect of the pupil's enrollment in 1 or more career and technical

preparation courses under this act, including necessary travel

time, on the number of class hours provided by the school district

to the pupil. In determining full-time enrollment in a state

approved nonpublic school or home school program under this section

for a student enrolled in a career and technical preparation

program under this act, the student's enrollment in both the state

approved nonpublic school or home school program and the career and

technical preparation program shall be counted as enrollment in the

state approved nonpublic school or home school program and a

student shall not be considered to be enrolled in a state approved

nonpublic school or home school program less than full-time solely

because of the effect of the student's enrollment in 1 or more

career and technical preparation courses under this act, including

necessary travel time, on the number of class hours provided by the

state approved nonpublic school or home school program to the

student.

(14) ~~(12)~~ This act does not require a school district or the

department of treasury to pay or otherwise provide financial

support for transportation or parking costs necessary for an

eligible student to participate in a career and technical

preparation program under this act. A school district, state

approved nonpublic school, or this state is not liable for any

injury incurred by an eligible student that is related to

transportation necessary for the eligible student to participate in

a career and technical preparation program under this act.

(15) The legislature shall appropriate funds to the department

of treasury for making payments required to be made by the

department of treasury under this act.

Sec. 7. (1) An eligible student who is enrolled in a school

district may enroll in, and receive payment by the school district

under section 4 4(5) of all or part of eligible charges for, an

eligible course under this act for high school credit or

postsecondary credit, or both. At the time an eligible student who

is enrolled in a school district enrolls in a career and technical

preparation course under this act, he or she shall designate

whether the course is for high school or postsecondary credit, or

both, and shall notify both his or her high school and the career

and technical preparation program of that designation. An eligible

student taking more than 1 eligible course under this act may make

different credit designations under this subsection for different

courses.

(2) Except as otherwise provided in subsection (3), an

eligible student who is enrolled in a state approved nonpublic

school or who is a home-schooled child may enroll in, and receive

payment by the department of treasury under section 4(6) of all or

part of eligible charges for, an eligible course under this act

only for postsecondary credit and may not receive high school

credit for the course.

(3) If an eligible student who is enrolled in a state approved

nonpublic school or who is a home-schooled child is enrolled in an

eligible course that would have been considered a nonessential

elective course under Snyder v Charlotte School Dist, 421 Mich 517

(1984), then the eligible student may enroll in, and receive

payment by the department of treasury under section 4(6) of all or

part of eligible charges for, an eligible course under this act for

high school credit or postsecondary credit, or both. At the time an

eligible student enrolls under this act in an eligible course

described in this subsection, he or she shall designate whether the

course is for high school or postsecondary credit, or both, and

shall notify both his or her high school and the career and

technical education program of that designation. An eligible

student taking more than 1 eligible course described in this

subsection under this act may make different credit designations

under this subsection for different courses.

(4) An eligible student shall not audit a course in which he

or she is enrolled under this act.

(5) ~~(2)~~ A school district shall grant academic credit to an

eligible student enrolled in an eligible course for high school

credit under this act if he or she successfully completes the

course, as determined by the career and technical preparation

program. The amount of high school credit granted by a school

district for a course completed under this act shall be determined

by the school district.

(6) ~~(3)~~ The high school credits granted to an eligible student

under this act shall be counted toward the graduation requirements

and subject area requirements of the school district. Evidence of

successful completion of each course and high school credits

granted shall be included in the eligible student's high school

record. Subject to ~~section 444 of subpart 4 of part C of the~~

~~general education provisions act, title IV of Public Law 90-247, 20~~

~~U.S.C.~~ 20 USC 1232g, commonly referred to as the family educational

rights and privacy act of 1974, a career and technical preparation

program shall provide the school district with a copy of the

eligible student's grade in each course taken for high school

credit under this act. Upon the request of an eligible student, his

or her high school record and transcript shall also include

evidence of successful completion and postsecondary credits granted

for a course taken for postsecondary credit under this act. In

either case, the eligible student's high school record and

transcript shall indicate that the credits were earned at a career

and technical preparation program and identify the career and

technical preparation program.

(7) ~~(4)~~ If a student enrolls in a career and technical

preparation program after leaving high school, the career and

technical preparation program, in accordance with institutional

policy, shall award postsecondary credit for postsecondary courses

successfully completed by that student for high school credit under

this act at that career and technical preparation program. A career

and technical preparation program shall not charge a student for

credit awarded under this subsection.

Sec. 9. (1) Each school district or state approved nonpublic

school shall provide information to all high school students on the

career and technical preparation enrollment options under this act,

including enrollment eligibility; the programs and types of courses

that are eligible for participation; the decision-making process

for granting academic credits; an explanation of eligible charges

that will be paid by the school district or department of treasury,

as applicable, and of financial arrangements for eligible charges

and for paying costs not paid for by the school district or

department of treasury; eligibility for payment of all or part of

eligible charges by the school district or department of treasury,

as applicable, under this act; an explanation that, if the student

qualifies for payment of all or part of eligible charges by the

school district or department of treasury under this act, the

school district or department of treasury, as applicable, will pay

that support directly to the career and technical preparation

program upon being billed by the career and technical preparation

program and that the student is not responsible for that payment

but is responsible for payment of costs not paid for under this

act; available support services; the need to arrange an appropriate

schedule; consequences of failing or not completing a ~~vocational~~

career and technical education course in which the eligible student

enrolls, including the possibility of being required to repay the

school district or department of treasury, as applicable, for money

paid on behalf of the student; the effect of enrolling in a career

and technical preparation course on the eligible student's ability

to complete the required high school graduation requirements; and

the academic and social responsibilities that must be assumed by

the eligible student and his or her parent or guardian.

(2) To the extent possible, a school district or state

approved nonpublic school shall provide counseling services to an

eligible student and his or her parent or guardian before the

eligible student enrolls in a career and technical preparation

course under this act to ensure that the eligible student and his

or her parent or guardian are fully aware of the benefits, risks,

and possible consequences of enrolling in the course. The person

providing the counseling shall encourage the eligible student and

his or her parent or guardian to also use available counseling

services at the career and technical preparation program before the

quarter or semester of enrollment to ensure that anticipated plans

are appropriate. A school district or state approved nonpublic

school may provide the counseling required under this section in a

group meeting if additional personalized counseling is also made

available.

(3) Before enrolling in an eligible course at a career and

technical preparation program under this act, an eligible student

and his or her parent or guardian shall file with the career and

technical preparation program a signed form provided by the

eligible student's school district or state approved nonpublic

school stating that the student is an eligible student and has

received the information and counseling specified in subsections

(1) and (2) and that the student understands the responsibilities

that must be assumed in enrolling in the course. Upon request, the

department shall provide technical assistance to a school district

or state approved nonpublic school and to a career and technical

preparation program in developing appropriate forms and counseling

guidelines for purposes of this section.

Sec. 10. By ~~May 1, 2001, and by~~ March 1 of each school year

thereafter, a school district or state approved nonpublic school

shall provide general information about the career and technical

preparation enrollment options under this act to all pupils in

grade 8 or higher.

Sec. 11. (1) Each intermediate school district annually shall

collect from each of its constituent school districts and provide

to the department of education at the same time that it submits the

annual comprehensive financial report required under section 18 of

the state school aid act of 1979, 1979 PA 94, MCL 388.1618,

information for the immediately preceding school year on all of the

following:

(a) The amount of money expended by the school district for

payments required under this act.

(b) The number of eligible students who were enrolled in the

school district and the number of those eligible students who

enrolled in 1 or more eligible courses under this act and received

payment of all or part of eligible charges under this act, both in

the aggregate and by grade level.

represented by the eligible students described in subdivision (b),

both in the aggregate and by grade level.

(d) The total number of courses for which the school district

made payment under this act, the number of those courses for which

postsecondary credit was granted, the number of those courses for

which high school credit was granted, and the number of those

courses that were not completed by the eligible student.

(2) Each career and technical preparation program that

receives funds under this act shall annually report to the

department, in the form and manner prescribed by the department,

all of the following information:

(a) The number of eligible students who enrolled in the career

and technical preparation program under this act during the

preceding academic year.

(b) The total number of eligible courses completed by eligible

students under this act at the career and technical preparation

program during the preceding academic year.

which the career and technical preparation program granted

postsecondary credit to the eligible student.

(d) The number of eligible courses under subdivision (b) for

which the career and technical preparation program declined to

grant postsecondary credit to the eligible student.

(3) ~~(2)~~ Not later than March 1 of each year, the department

shall prepare and submit to the house and senate fiscal agencies

and the department of technology, management, and budget a summary

annual report on the information received under ~~subsection (1).~~

this section. The department ~~of education~~ and department of

treasury shall work cooperatively ~~with the department~~ in the

preparation of this report.

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. 622.

(b) Senate Bill No. 623.