FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 796, entitled
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166, and 166b (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d,
388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, and 388.1766b), section 3 as amended by 2012 PA 201, sections 4, 6, 98, and 107 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, and 152a as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 99s, 102d, and 104d as added by 2015 PA 85, section 18 as amended by 2015 PA 114, section 19 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, and section 166b as amended by 2015 PA 222, and by adding sections 11o, 11s, 20m, 21, 21g, 31b, 31j, 32q, 54b, 61c, 63, 99t, 152b, and 167a; and to repeal acts and parts of acts.
_______________________ ________________________
Geoff Hansen Tim Kelly
_______________________ ________________________
Dave Hildenbrand Phil Potvin
_______________________ ________________________
Hoon-Yung Hopgood Sarah Roberts
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 796
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18,
19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c,
25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 31h, 32d, 32p,
35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62,
64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b,
104c, 104d, 107, 147, 147a, 147c, 152a, 166, and 166b (MCL
388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j,
388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619,
388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a,
388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a,
388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b,
388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h,
388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a,
388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654,
388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b,
388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a,
388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704,
388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a,
388.1747c, 388.1752a, 388.1766, and 388.1766b), section 3 as
amended by 2012 PA 201, sections 4, 6, 98, and 107 as amended by
2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA
139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a,
22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d,
31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b,
74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, and
152a as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65,
67, 99s, 102d, and 104d as added by 2015 PA 85, section 18 as
amended by 2015 PA 114, section 19 as amended by 2014 PA 196,
section 166 as amended by 1996 PA 300, and section 166b as amended
by 2015 PA 222, and by adding sections 11o, 11s, 20m, 21, 21g, 31b,
31j, 32q, 54b, 61c, 63, 99t, 152b, and 167a; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Achievement authority" means the education
achievement authority, the public body corporate and special
authority initially created under section 5 of article III and
section 28 of article VII of the state constitution of 1963 and the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, by an interlocal agreement effective August 11, 2011,
between the school district of the city of Detroit and the board of
regents
of eastern Michigan university, Eastern
Michigan
University, a state public university.
(2) "Achievement school" means a public school within the
education achievement system operated, managed, authorized,
established, or overseen by the achievement authority.
(3) "Average daily attendance", for the purposes of complying
with federal law, means 92% of the pupils counted in membership on
the pupil membership count day, as defined in section 6(7).
(4) "Board" means the governing body of a district or public
school academy.
(5) "Center" means the center for educational performance and
information created in section 94a.
(6) "Community district" means a school district organized
under part 5b of the revised school code.
(7) (6)
"Cooperative education
program" means a written
voluntary agreement between and among districts to provide certain
educational programs for pupils in certain groups of districts. The
written agreement shall be approved by all affected districts at
least annually and shall specify the educational programs to be
provided and the estimated number of pupils from each district who
will participate in the educational programs.
(8) (7)
"Department", except in
section 107, means the
department of education.
(9) (8)
"District" means a local
school district established
under the revised school code or, except in sections 6(4), 6(6),
13, 20, 22a, 31a, 51a(14), 105, 105c, and 166b, a public school
academy. Except in sections 6(4), 6(6), 6(8), 13, 20, 22a, 31a,
105, 105c, and 166b, district also includes the education
achievement system. Except in section 20, district also includes a
community district.
(10) (9)
"District of residence",
except as otherwise provided
in this subsection, means the district in which a pupil's custodial
parent or parents or legal guardian resides. For a pupil described
in section 24b, the pupil's district of residence is the district
in which the pupil enrolls under that section. For a pupil
described in section 6(4)(d), the pupil's district of residence
shall be considered to be the district or intermediate district in
which the pupil is counted in membership under that section. For a
pupil under court jurisdiction who is placed outside the district
in which the pupil's custodial parent or parents or legal guardian
resides, the pupil's district of residence shall be considered to
be the educating district or educating intermediate district.
(11) (10)
"District superintendent"
means the superintendent
of a district, the chief administrator of a public school academy,
or the chancellor of the achievement authority.
Sec. 4. (1) "Education achievement system" means the
achievement authority and all achievement schools.
(2) "Elementary pupil" means a pupil in membership in grades K
to 8 in a district not maintaining classes above the eighth grade
or in grades K to 6 in a district maintaining classes above the
eighth grade. For the purposes of calculating universal service
fund (e-rate) discounts, "elementary pupil" includes children
enrolled in a preschool program operated by a district in its
facilities.
(3) "Extended school year" means an educational program
conducted by a district in which pupils must be enrolled but not
necessarily in attendance on the pupil membership count day in an
extended year program. The mandatory clock hours shall be completed
by each pupil not more than 365 calendar days after the pupil's
first day of classes for the school year prescribed. The department
shall prescribe pupil, personnel, and other reporting requirements
for the educational program.
(4) "Fiscal year" means the state fiscal year that commences
October 1 and continues through September 30.
(5) "High school equivalency certificate" means a certificate
granted for the successful completion of a high school equivalency
test.
(6)
"High school equivalency test" means a high school
equivalency
test approved by the department under section 107.the
G.E.D. test developed by the GED Testing Service, the Test
Assessing Secondary Completion (TASC) developed by CTS/McGraw-Hill,
the HISET test developed by the Education Testing Service (ETS), or
another comparable test approved by the department of talent and
economic development.
(7) "High school equivalency test preparation program" means a
program that has high school level courses in English language
arts, social studies, science, and mathematics and that prepares an
individual to successfully complete a high school equivalency test.
(8) "High school pupil" means a pupil in membership in grades
7 to 12, except in a district not maintaining grades above the
eighth grade.
Sec. 6. (1) "Center program" means a program operated by a
district or by an intermediate district for special education
pupils from several districts in programs for pupils with autism
spectrum disorder, pupils with severe cognitive impairment, pupils
with moderate cognitive impairment, pupils with severe multiple
impairments, pupils with hearing impairment, pupils with visual
impairment, and pupils with physical impairment or other health
impairment. Programs for pupils with emotional impairment housed in
buildings that do not serve regular education pupils also qualify.
Unless otherwise approved by the department, a center program
either shall serve all constituent districts within an intermediate
district or shall serve several districts with less than 50% of the
pupils residing in the operating district. In addition, special
education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment
provisions of section 612 of part B of the individuals with
disabilities education act, 20 USC 1412, may be considered center
program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the
annual completion and pupil dropout rate that is calculated by the
center pursuant to nationally recognized standards.
(3) "District and high school graduation report" means a
report of the number of pupils, excluding adult education
participants, in the district for the immediately preceding school
year, adjusted for those pupils who have transferred into or out of
the district or high school, who leave high school with a diploma
or other credential of equal status.
(4) "Membership", except as otherwise provided in this
article, means for a district, a public school academy, the
education achievement system, or an intermediate district the sum
of the product of .90 times the number of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance
on the pupil membership count day for the current school year, plus
the product of .10 times the final audited count from the
supplemental count day for the immediately preceding school year. A
district's, public school academy's, or intermediate district's
membership shall be adjusted as provided under section 25e for
pupils
who enroll in the district, public school academy, or
intermediate
district after the pupil membership
count day in a
strict discipline academy operating under sections 1311b to 1311m
of the revised school code, MCL 380.1311b to 380.1311m. However,
for a district that is a community district in its first year of
operation, "membership" means the sum of the product of .90 times
the number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance in the community district
on the pupil membership count day for the current school year, plus
the product of .10 times the final audited count from the
supplemental count day of pupils in grades K to 12 actually
enrolled and in regular daily attendance in a qualifying school
district as defined in section 5 of the revised school code, MCL
380.5, for the immediately preceding school year. All pupil counts
used in this subsection are as determined by the department and
calculated by adding the number of pupils registered for attendance
plus pupils received by transfer and minus pupils lost as defined
by rules promulgated by the superintendent, and as corrected by a
subsequent department audit. For the purposes of this section and
section 6a, for a school of excellence that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL
380.553a, a pupil's participation in the cyber school's educational
program is considered regular daily attendance; for the education
achievement
system, a pupil's participation in an online a virtual
educational program of the education achievement system or of an
achievement school is considered regular daily attendance; and for
a
district a pupil's participation in an online a virtual course as
defined in section 21f is considered regular daily attendance. The
amount of the foundation allowance for a pupil in membership is
determined under section 20. In making the calculation of
membership, all of the following, as applicable, apply to
determining the membership of a district, a public school academy,
the education achievement system, or an intermediate district:
(a) Except as otherwise provided in this subsection, and
pursuant to subsection (6), a pupil shall be counted in membership
in the pupil's educating district or districts. An individual pupil
shall not be counted for more than a total of 1.0 full-time equated
membership.
(b) If a pupil is educated in a district other than the
pupil's district of residence, if the pupil is not being educated
as part of a cooperative education program, if the pupil's district
of residence does not give the educating district its approval to
count the pupil in membership in the educating district, and if the
pupil is not covered by an exception specified in subsection (6) to
the requirement that the educating district must have the approval
of the pupil's district of residence to count the pupil in
membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate
district shall be counted in membership in the intermediate
district.
(d) A pupil placed by a court or state agency in an on-grounds
program of a juvenile detention facility, a child caring
institution, or a mental health institution, or a pupil funded
under section 53a, shall be counted in membership in the district
or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and
blind shall be counted in membership in the pupil's intermediate
district of residence.
(f) A pupil enrolled in a career and technical education
program supported by a millage levied over an area larger than a
single district or in an area vocational-technical education
program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of
residence.
(g) A pupil enrolled in a public school academy shall be
counted in membership in the public school academy.
(h) A pupil enrolled in an achievement school shall be counted
in membership in the education achievement system.
(i) For a new district or public school academy beginning its
operation after December 31, 1994, or for the education achievement
system or an achievement school, membership for the first 2 full or
partial fiscal years of operation shall be determined as follows:
(i) If operations begin before the pupil membership count day
for the fiscal year, membership is the average number of full-time
equated pupils in grades K to 12 actually enrolled and in regular
daily attendance on the pupil membership count day for the current
school year and on the supplemental count day for the current
school year, as determined by the department and calculated by
adding the number of pupils registered for attendance on the pupil
membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final
audited count from the supplemental count day for the current
school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day
for the fiscal year and not later than the supplemental count day
for the fiscal year, membership is the final audited count of the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the supplemental count
day for the current school year.
(j) If a district is the authorizing body for a public school
academy, then, in the first school year in which pupils are counted
in membership on the pupil membership count day in the public
school academy, the determination of the district's membership
shall exclude from the district's pupil count for the immediately
preceding supplemental count day any pupils who are counted in the
public school academy on that first pupil membership count day who
were also counted in the district on the immediately preceding
supplemental count day.
(k) In a district, a public school academy, the education
achievement system, or an intermediate district operating an
extended school year program approved by the superintendent, a
pupil enrolled, but not scheduled to be in regular daily attendance
on a pupil membership count day, shall be counted.
(l) To be counted in membership, a pupil shall meet the
minimum age requirement to be eligible to attend school under
section 1147 of the revised school code, MCL 380.1147, or shall be
enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as
follows:
(i) A special education pupil who is enrolled and receiving
instruction in a special education program or service approved by
the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school
year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all
of the following may be counted in membership:
(A) Is enrolled in a public school academy or an alternative
education high school diploma program, that is primarily focused on
educating
homeless pupils with
extreme barriers to education, such
as being homeless as defined under 42 USC 11302.
(B)
Had dropped out of school. for more than 1 year and has
re-entered
school.
(C) Is less than 22 years of age as of September 1 of the
current school year.
(D)
Is considered to be homeless under 42 USC 11302, or was
counted
in membership under this subparagraph in 2014-2015.
(iii) If a child does not meet the minimum age requirement to
be eligible to attend school for that school year under section
1147 of the revised school code, MCL 380.1147, but will be 5 years
of age not later than December 1 of that school year, the district
may count the child in membership for that school year if the
parent or legal guardian has notified the district in writing that
he or she intends to enroll the child in kindergarten for that
school year.
(m)
An individual who has obtained achieved
a high school
diploma shall not be counted in membership. An individual who has
achieved a high school equivalency certificate shall not be counted
in membership unless the individual is a student with a disability
as defined in R 340.1702 of the Michigan administrative code. An
individual participating in a job training program funded under
former section 107a or a jobs program funded under former section
107b,
administered by the Michigan strategic fund, department of
talent and economic development, or participating in any successor
of either of those 2 programs, shall not be counted in membership.
(n) If a pupil counted in membership in a public school
academy or the education achievement system is also educated by a
district or intermediate district as part of a cooperative
education program, the pupil shall be counted in membership only in
the public school academy or the education achievement system
unless a written agreement signed by all parties designates the
party or parties in which the pupil shall be counted in membership,
and the instructional time scheduled for the pupil in the district
or intermediate district shall be included in the full-time equated
membership determination under subdivision (q) and section 101.
However, for pupils receiving instruction in both a public school
academy or the education achievement system and in a district or
intermediate district but not as a part of a cooperative education
program, the following apply:
(i) If the public school academy or the education achievement
system provides instruction for at least 1/2 of the class hours
required under section 101, the public school academy or the
education achievement system shall receive as its prorated share of
the full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public
school academy or the education achievement system provides divided
by the number of hours required under section 101 for full-time
equivalency, and the remainder of the full-time membership for each
of those pupils shall be allocated to the district or intermediate
district providing the remainder of the hours of instruction.
(ii) If the public school academy or the education achievement
system provides instruction for less than 1/2 of the class hours
required under section 101, the district or intermediate district
providing the remainder of the hours of instruction shall receive
as its prorated share of the full-time equated membership for each
of those pupils an amount equal to 1 times the product of the hours
of instruction the district or intermediate district provides
divided by the number of hours required under section 101 for full-
time equivalency, and the remainder of the full-time membership for
each of those pupils shall be allocated to the public school
academy or the education achievement system.
(o) An individual less than 16 years of age as of September 1
of the current school year who is being educated in an alternative
education program shall not be counted in membership if there are
also adult education participants being educated in the same
program or classroom.
(p) The department shall give a uniform interpretation of
full-time and part-time memberships.
(q) The number of class hours used to calculate full-time
equated memberships shall be consistent with section 101. In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) Full-time equated memberships for pupils in kindergarten
shall be determined by dividing the number of instructional hours
scheduled and provided per year per kindergarten pupil by the same
number used for determining full-time equated memberships for
pupils in grades 1 to 12. However, to the extent allowable under
federal law, for a district or public school academy that provides
evidence satisfactory to the department that it used federal title
I money in the 2 immediately preceding school fiscal years to fund
full-time kindergarten, full-time equated memberships for pupils in
kindergarten shall be determined by dividing the number of class
hours scheduled and provided per year per kindergarten pupil by a
number equal to 1/2 the number used for determining full-time
equated memberships for pupils in grades 1 to 12. The change in the
counting of full-time equated memberships for pupils in
kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education
achievement system that has pupils enrolled in a grade level that
was not offered by the district, the public school academy, or the
education achievement system in the immediately preceding school
year, the number of pupils enrolled in that grade level to be
counted in membership is the average of the number of those pupils
enrolled and in regular daily attendance on the pupil membership
count day and the supplemental count day of the current school
year, as determined by the department. Membership shall be
calculated by adding the number of pupils registered for attendance
in that grade level on the pupil membership count day plus pupils
received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by subsequent
department audit, plus the final audited count from the
supplemental count day for the current school year, and dividing
that sum by 2.
(t) A pupil enrolled in a cooperative education program may be
counted in membership in the pupil's district of residence with the
written approval of all parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district
determines through the district's alternative or disciplinary
education program that the best instructional placement for a pupil
is in the pupil's home or otherwise apart from the general school
population, if that placement is authorized in writing by the
district superintendent and district alternative or disciplinary
education supervisor, and if the district provides appropriate
instruction as described in this subdivision to the pupil at the
pupil's home or otherwise apart from the general school population,
the district may count the pupil in membership on a pro rata basis,
with the proration based on the number of hours of instruction the
district actually provides to the pupil divided by the number of
hours required under section 101 for full-time equivalency. For the
purposes of this subdivision, a district shall be considered to be
providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of
instruction per week to the pupil at the pupil's home or otherwise
apart from the general school population under the supervision of a
certificated teacher.
(ii) The district provides instructional materials, resources,
and supplies that are comparable to those otherwise provided in the
district's alternative education program.
(iii) Course content is comparable to that in the district's
alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the
pupil's transcript.
(v) If a pupil was enrolled in a public school academy on the
pupil membership count day, if the public school academy's contract
with its authorizing body is revoked or the public school academy
otherwise ceases to operate, and if the pupil enrolls in a district
or the education achievement system within 45 days after the pupil
membership count day, the department shall adjust the district's or
the education achievement system's pupil count for the pupil
membership count day to include the pupil in the count.
(w) For a public school academy that has been in operation for
at least 2 years and that suspended operations for at least 1
semester and is resuming operations, membership is the sum of the
product of .90 times the number of full-time equated pupils in
grades K to 12 actually enrolled and in regular daily attendance on
the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the
product of .10 times the final audited count from the most recent
pupil membership count day or supplemental count day that occurred
before suspending operations, as determined by the superintendent.
(x) If a district's membership for a particular fiscal year,
as otherwise calculated under this subsection, would be less than
1,550 pupils and the district has 4.5 or fewer pupils per square
mile, as determined by the department, and if the district does not
receive funding under section 22d(2), the district's membership
shall be considered to be the membership figure calculated under
this subdivision. If a district educates and counts in its
membership pupils in grades 9 to 12 who reside in a contiguous
district that does not operate grades 9 to 12 and if 1 or both of
the affected districts request the department to use the
determination allowed under this sentence, the department shall
include the square mileage of both districts in determining the
number of pupils per square mile for each of the districts for the
purposes of this subdivision. The membership figure calculated
under this subdivision is the greater of the following:
(i) The average of the district's membership for the 3-fiscal-
year period ending with that fiscal year, calculated by adding the
district's actual membership for each of those 3 fiscal years, as
otherwise calculated under this subsection, and dividing the sum of
those 3 membership figures by 3.
(ii) The district's actual membership for that fiscal year as
otherwise calculated under this subsection.
(y) Full-time equated memberships for special education pupils
who are not enrolled in kindergarten but are enrolled in a
classroom program under R 340.1754 of the Michigan administrative
code shall be determined by dividing the number of class hours
scheduled and provided per year by 450. Full-time equated
memberships for special education pupils who are not enrolled in
kindergarten but are receiving early childhood special education
services under R 340.1755 or R 340.1862 of the Michigan
administrative code shall be determined by dividing the number of
hours of service scheduled and provided per year per-pupil by 180.
(z) A pupil of a district that begins its school year after
Labor Day who is enrolled in an intermediate district program that
begins before Labor Day shall not be considered to be less than a
full-time pupil solely due to instructional time scheduled but not
attended by the pupil before Labor Day.
(aa) For the first year in which a pupil is counted in
membership on the pupil membership count day in a middle college
program, the membership is the average of the full-time equated
membership on the pupil membership count day and on the
supplemental count day for the current school year, as determined
by the department. If a pupil described in this subdivision was
counted in membership by the operating district on the immediately
preceding supplemental count day, the pupil shall be excluded from
the district's immediately preceding supplemental count for the
purposes of determining the district's membership.
(bb) A district, a public school academy, or the education
achievement system that educates a pupil who attends a United
States Olympic Education Center may count the pupil in membership
regardless of whether or not the pupil is a resident of this state.
(cc) A pupil enrolled in a district other than the pupil's
district of residence pursuant to section 1148(2) of the revised
school code, MCL 380.1148, shall be counted in the educating
district or the education achievement system.
(dd) For a pupil enrolled in a dropout recovery program that
meets the requirements of section 23a, the pupil shall be counted
as 1/12 of a full-time equated membership for each month that the
district operating the program reports that the pupil was enrolled
in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the
operation of the other membership counting provisions under this
subsection result in a pupil being counted as more than 1.0 FTE in
a fiscal year, the payment made for the pupil under sections 22a
and 22b shall not be based on more than 1.0 FTE for that pupil, and
any portion of an FTE for that pupil that exceeds 1.0 shall instead
be paid under section 25g. The district operating the program shall
report to the center the number of pupils who were enrolled in the
program
and were in full attendance for a month not later than the
tenth
day of the next month. 30
days after the end of the month. A
district shall not report a pupil as being in full attendance for a
month unless both of the following are met:
(i) A personalized learning plan is in place on or before the
first school day of the month for the first month the pupil
participates in the program.
(ii) The pupil meets the district's definition under section
23a of satisfactory monthly progress for that month or, if the
pupil does not meet that definition of satisfactory monthly
progress for that month, the pupil did meet that definition of
satisfactory monthly progress in the immediately preceding month
and appropriate interventions are implemented within 10 school days
after it is determined that the pupil does not meet that definition
of satisfactory monthly progress.
(ee)
A pupil participating in an online a virtual course under
section 21f shall be counted in membership in the district
enrolling the pupil.
(ff) If a public school academy that is not in its first or
second year of operation closes at the end of a school year and
does not reopen for the next school year, the department shall
adjust the membership count of the district or the education
achievement system in which a former pupil of the public school
academy enrolls and is in regular daily attendance for the next
school year to ensure that the district or the education
achievement system receives the same amount of membership aid for
the pupil as if the pupil were counted in the district or the
education achievement system on the supplemental count day of the
preceding school year.
(gg) If a special education pupil is expelled under section
1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a, and is not in attendance on the pupil membership count
day because of the expulsion, and if the pupil remains enrolled in
the district and resumes regular daily attendance during that
school year, the district's membership shall be adjusted to count
the pupil in membership as if he or she had been in attendance on
the pupil membership count day.
(hh) A pupil enrolled in a community district shall be counted
in membership in the community district.
(5) "Public school academy" means that term as defined in
section 5 of the revised school code, MCL 380.5.
(6) "Pupil" means a person in membership in a public school. A
district must have the approval of the pupil's district of
residence to count the pupil in membership, except approval by the
pupil's district of residence is not required for any of the
following:
(a) A nonpublic part-time pupil enrolled in grades K to 12 in
accordance with section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in
a district other than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or the
education achievement system.
(d) A pupil enrolled in a district other than the pupil's
district of residence under an intermediate district schools of
choice pilot program as described in section 91a or former section
91 if the intermediate district and its constituent districts have
been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's
district of residence if the pupil is enrolled in accordance with
section 105 or 105c.
(f) A pupil who has made an official written complaint or
whose parent or legal guardian has made an official written
complaint to law enforcement officials and to school officials of
the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if
the official complaint either indicates that the assault occurred
at school or that the assault was committed by 1 or more other
pupils enrolled in the school the pupil would otherwise attend in
the district of residence or by an employee of the district of
residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this
subdivision is subject to section 411a of the Michigan penal code,
1931 PA 328, MCL 750.411a, which provides criminal penalties for
that conduct. As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(ii) "Serious assault" means an act that constitutes a felony
violation of chapter XI of the Michigan penal code, 1931 PA 328,
MCL 750.81 to 750.90h, or that constitutes an assault and
infliction of serious or aggravated injury under section 81a of the
Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the
pupil membership count day and before the supplemental count day
and who continues to be enrolled on the supplemental count day as a
nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program
operated by a district other than his or her district of residence
who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her
district of residence for any reason, including, but not limited
to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(i) A pupil enrolled in the Michigan Virtual School, for the
pupil's enrollment in the Michigan Virtual School.
(j) A pupil who is the child of a person who works at the
district or who is the child of a person who worked at the district
as of the time the pupil first enrolled in the district but who no
longer works at the district due to a workforce reduction. As used
in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the
expelling district and is reinstated by another school board under
section 1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a.
(l) A pupil enrolled in a district other than the pupil's
district of residence in a middle college program if the pupil's
district of residence and the enrolling district are both
constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil's
district of residence who attends a United States Olympic Education
Center.
(n) A pupil enrolled in a district other than the pupil's
district of residence pursuant to section 1148(2) of the revised
school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil's
district of residence as a result of the pupil's school not making
adequate yearly progress under the no child left behind act of
2001, Public Law 107-110, or the every student succeeds act, Public
Law 114-95.
However, except for pupils enrolled in the youth challenge
program at the site at which the youth challenge program operated
for 2015-2016, if a district educates pupils who reside in another
district and if the primary instructional site for those pupils is
established by the educating district after 2009-2010 and is
located within the boundaries of that other district, the educating
district must have the approval of that other district to count
those pupils in membership.
(7) "Pupil membership count day" of a district or intermediate
district means:
(a) Except as provided in subdivision (b), the first Wednesday
in October each school year or, for a district or building in which
school is not in session on that Wednesday due to conditions not
within the control of school authorities, with the approval of the
superintendent, the immediately following day on which school is in
session in the district or building.
(b) For a district or intermediate district maintaining school
during the entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular
daily attendance" means pupils in grades K to 12 in attendance and
receiving instruction in all classes for which they are enrolled on
the pupil membership count day or the supplemental count day, as
applicable. Except as otherwise provided in this subsection, a
pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count
day and who does not attend each of those classes during the 10
consecutive school days immediately following the pupil membership
count day or supplemental count day, except for a pupil who has
been excused by the district, shall not be counted as 1.0 full-time
equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails
to attend each of the classes in which the pupil is enrolled within
30 calendar days after the pupil membership count day or
supplemental count day shall not be counted as 1.0 full-time
equated membership. In addition, a pupil who was enrolled and in
attendance in a district, an intermediate district, a public school
academy, or the education achievement system before the pupil
membership count day or supplemental count day of a particular year
but was expelled or suspended on the pupil membership count day or
supplemental count day shall only be counted as 1.0 full-time
equated membership if the pupil resumed attendance in the district,
intermediate district, public school academy, or education
achievement system within 45 days after the pupil membership count
day or supplemental count day of that particular year. Pupils not
counted as 1.0 full-time equated membership due to an absence from
a class shall be counted as a prorated membership for the classes
the pupil attended. For purposes of this subsection, "class" means
a period of time in 1 day when pupils and a certificated teacher or
legally qualified substitute teacher are together and instruction
is taking place.
(9) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to
380.1852.
(11) "School district of the first class", "first class school
district", and "district of the first class" mean, for the purposes
of this article only, a district that had at least 40,000 pupils in
membership for the immediately preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences
July 1 and continues through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a
district or intermediate district superintendent, means the
superintendent of public instruction described in section 3 of
article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the
supplemental pupil count is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending
school in a district other than the pupil's district of residence
for whom tuition may be charged to the district of residence.
Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (o), or a pupil
whose parent or guardian voluntarily enrolls the pupil in a
district that is not the pupil's district of residence. A pupil's
district of residence shall not require a high school tuition
pupil, as provided under section 111, to attend another school
district after the pupil has been assigned to a school district.
(17) "State school aid fund" means the state school aid fund
established in section 11 of article IX of the state constitution
of 1963.
(18) "Taxable value" means the taxable value of property as
determined under section 27a of the general property tax act, 1893
PA 206, MCL 211.27a.
(19) "Textbook" means a book, electronic book, or other
instructional print or electronic resource that is selected and
approved by the governing board of a district or, for an
achievement school, by the chancellor of the achievement authority
and that contains a presentation of principles of a subject, or
that is a literary work relevant to the study of a subject required
for the use of classroom pupils, or another type of course material
that forms the basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the
total combined amount of all funds due to a district, intermediate
district, or other entity under all of the provisions of this
article.
Sec.
11. (1) For the fiscal year ending September 30, 2015,
there
is appropriated for the public schools of this state and
certain
other state purposes relating to education the sum of
$11,814,097,400.00
from the state school aid fund, the sum of
$18,000,000.00
from the MPSERS retirement obligation reform reserve
fund
created under section 147b, and the sum of $33,700,000.00 from
the
general fund. For the fiscal year
ending September 30, 2016,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$12,078,985,100.00
$11,905,439,300.00 from the state school aid
fund
and the sum of $45,900,000.00 $55,100,000.00
from the general
fund. For the fiscal year ending September 30, 2017, there is
appropriated for the public schools of this state and certain other
state purposes relating to education the sum of $12,052,309,300.00
from the state school aid fund, the sum of $218,900,000.00 from the
general fund, an amount not to exceed $72,000,000.00 from the
community district education trust fund created under section 12 of
the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount
not to exceed $100.00 from the water emergency reserve fund. In
addition, all other available federal funds are appropriated each
fiscal
year for the fiscal years ending September 30, 2015 2016 and
September
30, 2016.2017.
(2) The appropriations under this section shall be allocated
as provided in this article. Money appropriated under this section
from the general fund shall be expended to fund the purposes of
this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund allocations under this article that are
not expended by the end of the state fiscal year are transferred to
the school aid stabilization fund created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
(2) The state treasurer may receive money or other assets from
any source for deposit into the school aid stabilization fund. The
state treasurer shall deposit into the school aid stabilization
fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue
for a fiscal year that remains in the state school aid fund as of
the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid
stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may
not be expended without a specific appropriation from the school
aid stabilization fund. Money in the school aid stabilization fund
shall be expended only for purposes for which state school aid fund
money may be expended.
(4) The state treasurer shall direct the investment of the
school aid stabilization fund. The state treasurer shall credit to
the school aid stabilization fund interest and earnings from fund
investments.
(5) Money in the school aid stabilization fund at the close of
a fiscal year shall remain in the school aid stabilization fund and
shall not lapse to the unreserved school aid fund balance or the
general fund.
(6) If the maximum amount appropriated under section 11 from
the state school aid fund for a fiscal year exceeds the amount
available for expenditure from the state school aid fund for that
fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to
the projected shortfall as determined by the department of
treasury, but not to exceed available money in the school aid
stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature
as required under section 296(2) and state payments in an amount
equal to the remainder of the projected shortfall shall be prorated
in the manner provided under section 296(3).
(7)
For 2015-2016, 2016-2017, in addition to the
appropriations in section 11, there is appropriated from the school
aid stabilization fund to the state school aid fund the amount
necessary to fully fund the allocations under this article.
Sec. 11j. From the appropriation in section 11, there is
allocated
an amount not to exceed $126,500,000.00 $10,500,000.00
for 2015-2016 and there is allocated an amount not to exceed
$126,500,000.00 for 2016-2017 for payments to the school loan bond
redemption fund in the department of treasury on behalf of
districts and intermediate districts. Notwithstanding section 296
or any other provision of this act, funds allocated under this
section are not subject to proration and shall be paid in full.
Sec.
11k. For 2015-2016, 2016-2017,
there is appropriated from
the general fund to the school loan revolving fund an amount equal
to the amount of school bond loans assigned to the Michigan finance
authority, not to exceed the total amount of school bond loans held
in reserve as long-term assets. As used in this section, "school
loan revolving fund" means that fund created in section 16c of the
shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec.
11m. From the appropriation in section 11, there is
allocated
for 2014-2015 an amount not to exceed $0.00 and there is
allocated
for 2015-2016 an amount not to exceed $2,000,000.00
$1,000,000.00 and there is allocated for 2016-2017 an amount not to
exceed $3,000,000.00 for fiscal year cash-flow borrowing costs
solely related to the state school aid fund established by section
11 of article IX of the state constitution of 1963.
Sec. 11o. (1) From the general fund appropriation in section
11, there is allocated $9,200,000.00 for 2015-2016 to an
intermediate district for the purpose of providing state early
childhood services described in this section to children who reside
within the boundaries of a constituent district with the majority
of its territory located within the boundaries of a city for which
an executive proclamation of emergency is issued during the fiscal
year under the emergency management act, 1976 PA 390, MCL 30.401 to
30.421.
(2) From the allocation under subsection (1), there is
allocated an amount not to exceed $8,300,000.00 for state early
intervention services provided to children less than 5 years of age
as of September 1, 2015. The intermediate district shall use the
funds to provide state early intervention services that are similar
to the services described in the early on Michigan state plan, as
approved by the department.
(3) From the allocation in subsection (1), there is allocated
an amount not to exceed $650,000.00 to provide summer great start
readiness programs and related services, as approved by the
department.
(4) From the allocation in subsection (1), there is allocated
an amount not to exceed $250,000.00 to a constituent district
described in subsection (1) that has an agreement with a
postsecondary institution to provide summer early childhood
programs similar to great start readiness programs, as approved by
the department.
(5) The funds allocated under this section are a work project
appropriation, and any unexpended funds for 2015-2016 are carried
forward into 2016-2017. The purpose of the work project is to
provide early childhood services described in this section. The
estimated completion date of the work project is September 30,
2018.
Sec. 11r. (1) From the appropriation in section 11, there is
allocated for 2014-2015 an amount not to exceed $4,000,000.00 to be
deposited into the distressed districts emergency grant fund
created under this section for the purpose of funding grants under
this section.
(2) The distressed districts emergency grant fund is created
as a separate account within the state school aid fund. The state
treasurer may receive money or other assets from any source for
deposit into the distressed districts emergency grant fund. The
state treasurer shall direct the investment of the distressed
districts emergency grant fund and shall credit to the distressed
districts emergency grant fund interest and earnings from the fund.
(3)
Subject to subsection (4), and except as otherwise
provided
under subsection (8), a district is
eligible to receive a
grant from the distressed districts emergency grant fund if either
of the following applies:
(a) The district has adopted a resolution authorizing the
voluntary dissolution of the district approved by the state
treasurer under section 12 of the revised school code, MCL 380.12,
but the dissolution has not yet taken effect under that section.
(b) The district is a receiving district under section 12 of
the revised school code, MCL 380.12, and the district enrolls
pupils who were previously enrolled in a district that was
dissolved under section 12 of the revised school code, MCL 380.12,
in the immediately preceding school year.
(4) A district receiving funds under section 20g is not
eligible to receive funds under this section.
(5) The amount of a grant under this section shall be
determined by the state treasurer after consultation with the
superintendent of public instruction, but shall not exceed the
estimated amount of remaining district costs in excess of available
revenues, including, but not limited to, payroll, benefits,
retirement system contributions, pupil transportation, food
services, special education, building security, and other costs
necessary to allow the district to operate schools directly and
provide public education services until the end of the current
school fiscal year. For a district that meets the eligibility
criteria under subsection (3)(b), the amount of the grant shall be
determined in the same manner as transition costs under section
20g.
(6) Before disbursing funds under this section, the state
treasurer shall notify the house and senate appropriations
subcommittees on school aid and the house and senate fiscal
agencies. The notification shall include, but not be limited to,
the district receiving funds under this section, the amount of the
funds awarded under this section, an explanation of the district
conditions that necessitate funding under this section, and the
intended use of funds disbursed under this section.
(7)
Money Except as otherwise
provided in subsection (8),
money in the distressed districts emergency grant fund at the close
of a fiscal year shall remain in the distressed districts emergency
grant fund and shall not lapse to the state school aid fund or to
the general fund.
(8)
For 2014-2015 only, for a district that is a strict
discipline
academy established under sections 1311b to 1311m of the
revised
school code, MCL 380.1311b to 380.1311m, that serves at
least
340 pupils as reported on the line labeled "State Aid
Membership"
in the May 2015 state aid financial status report, and
that
services a program that provided pupil accounting information
to
the department for the October 2013 data collection on the
department
form entitled "ANNUAL SURVEY OF CHILDREN IN LOCAL
INSTITUTIONS
FOR NEGLECTED OR DELINQUENT CHILDREN OR IN
CORRECTIONAL
INSTITUTIONS (Title I of P.L. 107-110)", but for which
the
information was not correctly compiled by the department, the
department
shall award a grant to that district under this
subsection
from the funding allocated under subsection (1) to
compensate
the district for the loss in federal funding that
occurred
as a result of the department's incorrect compilation. The
amount
of the grant under this subsection for this purpose shall be
$178,000.00
for the amount lost for the 2014-2015 school year.
(8) For 2015-2016 only, an amount not to exceed $2,800,000.00
shall be lapsed from the distressed districts emergency grant fund
to the state school aid fund.
Sec. 11s. (1) From the general fund appropriation in section
11, there is allocated $10,142,500.00 for 2016-2017 for the purpose
of providing services and programs to children who reside within
the boundaries of a district with the majority of its territory
located within the boundaries of a city for which an executive
proclamation of emergency is issued in the current or immediately
preceding fiscal year under the emergency management act, 1976 PA
390, MCL 30.401 to 30.421. From the funding appropriated in section
11, there is allocated $100.00 from the water emergency reserve
fund for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
to a district with the majority of its territory located within the
boundaries of a city in which an executive proclamation of
emergency is issued in the current or immediately preceding fiscal
year and that has at least 5,000 pupils in membership for the
current fiscal year, an amount not to exceed $1,292,500.00 for the
purpose of employing school nurses and school social workers. The
district shall provide a report to the department in a form,
manner, and frequency approved by the department. The department
shall provide a copy of that report to the governor, the house and
senate school aid subcommittees, the house and senate fiscal
agencies, and the state budget director within 5 days after
receipt. The report shall provide at least the following
information:
(a) How many personnel were hired using the funds allocated
under this subsection.
(b) A description of the services provided to pupils by those
personnel.
(c) How many pupils received each type of service identified
in subdivision (b).
(d) Any other information the department considers necessary
to ensure that the children described in subsection (1) received
appropriate levels and types of services.
(3) From the allocation in subsection (1), there is allocated
to an intermediate district that has a constituent district
described in subsection (2) an amount not to exceed $1,195,000.00
to augment staff for the purpose of providing additional early
childhood services and for nutritional services to children
described in subsection (1), regardless of location of school of
attendance. The early childhood services to be provided under this
subsection are state early intervention services as described in
subsection (4) and early literacy services. In addition, funds
allocated under this subsection may also be expended to provide
informational resources to parents, educators, and the community,
and to coordinate services with other local agencies. The
intermediate district shall provide a report to the department in a
form, manner, and frequency approved by the department. The
department shall provide a copy of that report to the governor, the
house and senate school aid subcommittees, the house and senate
fiscal agencies, and the state budget director within 5 days after
receipt. The report shall provide at least the following
information:
(a) How many personnel were hired using the funds appropriated
in this subsection.
(b) A description of the services provided to children by
those personnel.
(c) What types of additional nutritional services were
provided.
(d) How many children received each type of service identified
in subdivisions (b) and (c).
(e) What types of informational resources and coordination
efforts were provided.
(f) Any other information the department considers necessary
to ensure that the children described in subsection (1) received
appropriate levels and types of services.
(4) From the allocation in subsection (1), there is allocated
an amount not to exceed $6,155,000.00 to intermediate districts
described in subsection (3) to provide state early intervention
services for children described in subsection (1) who are less than
4 years of age as of September 1, 2016. The intermediate district
shall use these funds to provide state early intervention services
that are similar to the services described in the early on Michigan
state plan, including ensuring that all children described in
subsection (1) who are less than 4 years of age as of September 1,
2016 are assessed and evaluated at least twice annually.
(5) From the allocation in subsection (1), there is allocated
an amount not to exceed $1,500,000.00 to intermediate districts
described in subsection (3) to enroll children described in
subsection (1) in school-day great start readiness programs,
regardless of household income eligibility requirements contained
in section 39. The department shall administer this funding
consistent with all other provisions of the great start readiness
programs contained in section 32d and section 39.
(6) In addition to other funding allocated and appropriated in
this section, there is appropriated an amount not to exceed
$15,000,000.00 for 2016-2017 for state restricted contingency
funds. These contingency funds are not available for expenditure
until they have been transferred to a section within this article
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory
proof that the district or intermediate district was entitled
justly, shall apportion the deficiency in the next apportionment.
Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the
department, upon satisfactory proof, shall deduct the excess in the
next apportionment. Notwithstanding any other provision in this
article, state aid overpayments to a district, other than
overpayments in payments for special education or special education
transportation, may be recovered from any payment made under this
article other than a special education or special education
transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under
section 1211 of the revised school code, MCL 380.1211. State aid
overpayments made in special education or special education
transportation payments may be recovered from subsequent special
education or special education transportation payments, from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the
department affects the current fiscal year membership, affected
payments shall be adjusted in the current fiscal year. A deduction
due to an adjustment made as a result of an audit conducted by or
for the department, or as a result of information obtained by the
department from the district, an intermediate district, the
department of treasury, or the office of auditor general, shall be
deducted from the district's apportionments when the adjustment is
finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship,
the department may grant up to an additional 4 years for the
adjustment and may advance payments to the district otherwise
authorized under this article if the district would otherwise
experience a significant hardship in satisfying its financial
obligations.
For a district that is a strict discipline academy
established
under sections 1311b to 1311m of the revised school
code,
MCL 380.1311b to 380.1311m, and that claimed a hardship in
2014-2015
because of an overpayment caused by a miscalculation of
its
pupil membership for 2013-2014, the department shall consider
the
amount of repayment made by the district as of the effective
date
of the amendatory act that added this sentence to constitute
full
repayment and the district is not required to continue making
repayment
for the overpayment that occurred in 2013-2014.
(3) If, based on an audit by the department or the
department's designee or because of new or updated information
received by the department, the department determines that the
amount paid to a district or intermediate district under this
article for the current fiscal year or a prior fiscal year was
incorrect, the department shall make the appropriate deduction or
payment in the district's or intermediate district's allocation in
the next apportionment after the adjustment is finalized. The
deduction or payment shall be calculated according to the law in
effect in the fiscal year in which the incorrect amount was paid.
If the district does not receive an allocation for the fiscal year
or if the allocation is not sufficient to pay the amount of any
deduction, the amount of any deduction otherwise applicable shall
be satisfied from the proceeds of a loan to the district under the
emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942,
or from the proceeds of millage levied or pledged under section
1211 of the revised school code, MCL 380.1211, as determined by the
department.
(4) The department may conduct audits, or may direct audits by
designee of the department, for the current fiscal year and the
immediately preceding 3 fiscal years of all records related to a
program for which a district or intermediate district has received
funds under this article.
(5) Expenditures made by the department under this article
that are caused by the write-off of prior year accruals may be
funded by revenue from the write-off of prior year accruals.
(6) In addition to funds appropriated in section 11 for all
programs
and services, there is appropriated for 2014-2015 and for
2015-2016
2016-2017 for obligations in excess of applicable
appropriations an amount equal to the collection of overpayments,
but not to exceed amounts available from overpayments.
Sec. 18. (1) Except as provided in another section of this
article, each district or other entity shall apply the money
received by the district or entity under this article to salaries
and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the
purchase of textbooks, other supplies, and any other school
operating expenditures defined in section 7. However, not more than
20% of the total amount received by a district under sections 22a
and 22b or received by an intermediate district under section 81
may be transferred by the board to either the capital projects fund
or to the debt retirement fund for debt service. The money shall
not be applied or taken for a purpose other than as provided in
this section. The department shall determine the reasonableness of
expenditures and may withhold from a recipient of funds under this
article the apportionment otherwise due upon a violation by the
recipient.
(2) A district or intermediate district shall adopt an annual
budget in a manner that complies with the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 15 days
after a district board adopts its annual operating budget for the
following school fiscal year, or after a district board adopts a
subsequent revision to that budget, the district shall make all of
the following available through a link on its website homepage, or
may make the information available through a link on its
intermediate district's website homepage, in a form and manner
prescribed by the department:
(a) The annual operating budget and subsequent budget
revisions.
(b) Using data that have already been collected and submitted
to the department, a summary of district expenditures for the most
recent fiscal year for which they are available, expressed in the
following 2 pie charts:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the
following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection
(4) for the most recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employees
health benefits act, 2007 PA 106, MCL 124.75.
(v) The district's written policy governing procurement of
supplies, materials, and equipment.
(vi) The district's written policy establishing specific
categories of reimbursable expenses, as described in section
1254(2) of the revised school code, MCL 380.1254.
(vii) Either the district's accounts payable check register
for the most recent school fiscal year or a statement of the total
amount of expenses incurred by board members or employees of the
district that were reimbursed by the district for the most recent
school fiscal year.
(d) The total salary and a description and cost of each fringe
benefit included in the compensation package for the superintendent
of the district and for each employee of the district whose salary
exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services.
As used in this subdivision, "lobbying" means that term as defined
in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit elimination plan or enhanced deficit
elimination plan the district was required to submit under the
revised school code.
(h) Identification of all credit cards maintained by the
district as district credit cards, the identity of all individuals
authorized to use each of those credit cards, the credit limit on
each credit card, and the dollar limit, if any, for each
individual's authorized use of the credit card.
(i) Costs incurred for each instance of out-of-state travel by
the school administrator of the district that is fully or partially
paid for by the district and the details of each of those instances
of out-of-state travel, including at least identification of each
individual on the trip, destination, and purpose.
(3) For the information required under subsection (2)(a),
(2)(b)(i), and (2)(c), an intermediate district shall provide the
same information in the same manner as required for a district
under subsection (2).
(4) For the purposes of determining the reasonableness of
expenditures, whether a district or intermediate district has
received the proper amount of funds under this article, and whether
a violation of this article has occurred, all of the following
apply:
(a) The department shall require that each district and
intermediate district have an audit of the district's or
intermediate district's financial and pupil accounting records
conducted at least annually, and at such other times as determined
by the department, at the expense of the district or intermediate
district, as applicable. The audits must be performed by a
certified public accountant or by the intermediate district
superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general
of the city. A district or intermediate district shall retain these
records for the current fiscal year and from at least the 3
immediately preceding fiscal years.
(b) If a district operates in a single building with fewer
than 700 full-time equated pupils, if the district has stable
membership, and if the error rate of the immediately preceding 2
pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted
biennially but must continue to have desk audits for each pupil
count. The auditor must document compliance with the audit cycle in
the pupil auditing manual. As used in this subdivision, "stable
membership" means that the district's membership for the current
fiscal year varies from the district's membership for the
immediately preceding fiscal year by less than 5%.
(c) A district's or intermediate district's annual financial
audit shall include an analysis of the financial and pupil
accounting data used as the basis for distribution of state school
aid.
(d) The pupil and financial accounting records and reports,
audits, and management letters are subject to requirements
established in the auditing and accounting manuals approved and
published by the department.
(e) All of the following shall be done not later than November
1 each year for reporting the prior fiscal year data:
(i) A district shall file the annual financial audit reports
with the intermediate district and the department.
(ii) The intermediate district shall file the annual financial
audit reports for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil
membership audit reports for its constituent districts and for the
intermediate district, for the pupil membership count day and
supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting
procedures reports shall be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(g) Not later than January 31 of each year, the department
shall notify the state budget director and the legislative
appropriations subcommittees responsible for review of the school
aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures
report required under this section for the school year ending in
the immediately preceding fiscal year.
(5) By November 1 each fiscal year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with the district's or intermediate district's audited
financial statements and consistent with accounting manuals and
charts of accounts approved and published by the department. For an
intermediate district, the report shall also contain the website
address where the department can access the report required under
section 620 of the revised school code, MCL 380.620. The department
shall ensure that the prescribed Michigan public school accounting
manual chart of accounts includes standard conventions to
distinguish expenditures by allowable fund function and object. The
functions shall include at minimum categories for instruction,
pupil support, instructional staff support, general administration,
school administration, business administration, transportation,
facilities operation and maintenance, facilities acquisition, and
debt service; and shall include object classifications of salary,
benefits, including categories for active employee health
expenditures, purchased services, supplies, capital outlay, and
other. Districts shall report the required level of detail
consistent with the manual as part of the comprehensive annual
financial report.
(6) By September 30 of each year, each district and
intermediate district shall file with the department the special
education actual cost report, known as "SE-4096", on a form and in
the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate
district shall file with the center the transportation expenditure
report, known as "SE-4094", on a form and in the manner prescribed
by the center.
(8) The department shall review its pupil accounting and pupil
auditing manuals at least annually and shall periodically update
those manuals to reflect changes in this article.
(9) If a district that is a public school academy purchases
property using money received under this article, the public school
academy shall retain ownership of the property unless the public
school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply
with subsections (4), (5), (6), and (7), or if the department
determines that the financial data required under subsection (5)
are not consistent with audited financial statements, the
department shall withhold all state school aid due to the district
or intermediate district under this article, beginning with the
next payment due to the district or intermediate district, until
the district or intermediate district complies with subsections
(4), (5), (6), and (7). If the district or intermediate district
does not comply with subsections (4), (5), (6), and (7) by the end
of the fiscal year, the district or intermediate district forfeits
the amount withheld.
(11) If a district or intermediate district does not comply
with subsection (2), the department may withhold up to 10% of the
total state school aid due to the district or intermediate district
under this article, beginning with the next payment due to the
district or intermediate district, until the district or
intermediate district complies with subsection (2). If the district
or intermediate district does not comply with subsection (2) by the
end of the fiscal year, the district or intermediate district
forfeits the amount withheld.
(12)
Not later than November 1, 2015, 2016, if a district or
intermediate
district offers online virtual
learning under section
21f, the district or intermediate district shall submit to the
department a report that details the per-pupil costs of operating
the
online virtual learning by vendor type. The report shall
include at least all of the following information concerning the
operation
of online virtual learning for the school fiscal year
ending
June 30, 2015:2016:
(a)
The name of the district operating the online virtual
learning
and of each district that enrolled students in the online
virtual learning.
(b)
The total number of students enrolled in the online
virtual learning and the total number of membership pupils enrolled
in
the online virtual learning.
(c) For each pupil who is enrolled in a district other than
the
district offering online virtual
learning, the name of that
district.
(d) The district in which the pupil was enrolled before
enrolling
in the district offering online virtual
learning.
(e) The number of participating students who had previously
dropped out of school.
(f) The number of participating students who had previously
been expelled from school.
(g) The total cost to enroll a student in the program. This
cost shall be reported on a per-pupil, per-course, per-semester or
trimester basis by vendor type. The total shall include costs
broken down by cost for content development, content licensing,
training,
online virtual instruction and instructional support,
personnel,
hardware and software, payment to each online virtual
learning
provider, and other costs associated with operating online
virtual learning.
(h)
The name of each online virtual
education provider
contracted
by the district and the state in which each online
virtual education provider is headquartered.
(13)
Not later than March 31, 2016, 2017,
the department shall
submit to the house and senate appropriations subcommittees on
state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per-pupil costs by
vendor
type of online virtual courses available under section 21f.
(14) As used in subsections (12) and (13), "vendor type" means
the following:
(a)
Online Virtual courses provided by the Michigan Virtual
University.
(b)
Online Virtual courses provided by a school of excellence
that is a cyber school, as defined in section 551 of the revised
school code, MCL 380.551.
(c)
Online Virtual courses provided by third party vendors not
affiliated with a Michigan public school.
(d)
Online Virtual courses created and offered by a district
or intermediate district.
(15) An allocation to a district or another entity under this
article is contingent upon the district's or entity's compliance
with this section.
Sec. 19. (1) A district or intermediate district shall comply
with all applicable reporting requirements specified in state and
federal law. Data provided to the center, in a form and manner
prescribed by the center, shall be aggregated and disaggregated as
required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by
the center to establish and maintain a statewide P-20 longitudinal
data system.
(2) Each district shall furnish to the center not later than 5
weeks after the pupil membership count day and by June 30 of the
school fiscal year ending in the fiscal year, in a manner
prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This
information shall meet requirements established in the pupil
auditing manual approved and published by the department. The
center shall calculate an annual graduation and pupil dropout rate
for each high school, each district, and this state, in compliance
with nationally recognized standards for these calculations. The
center shall report all graduation and dropout rates to the senate
and house education committees and appropriations committees, the
state budget director, and the department not later than 30 days
after the publication of the list described in subsection (6).
(3) By the first business day in December and by June 30 of
each year, a district shall furnish to the center, in a manner
prescribed by the center, information related to educational
personnel as necessary for reporting required by state and federal
law.
(4) By June 30 of each year, a district shall furnish to the
center, in a manner prescribed by the center, information related
to safety practices and criminal incidents as necessary for
reporting required by state and federal law.
(5) If a district or intermediate district fails to meet the
requirements of this section, the department shall withhold 5% of
the total funds for which the district or intermediate district
qualifies under this article until the district or intermediate
district complies with all of those subsections. If the district or
intermediate district does not comply with all of those subsections
by the end of the fiscal year, the department shall place the
amount withheld in an escrow account until the district or
intermediate district complies with all of those subsections.
(6) Before publishing a list of school or district
accountability designations as required by the no child left behind
act of 2001, Public Law 107-110, or the every student succeeds act,
Public Law 114-95, the department shall allow a school or district
to appeal that determination. The department shall consider and act
upon the appeal within 30 days after it is submitted and shall not
publish the list until after all appeals have been considered and
decided.
(7)
It is the intent of the legislature to implement not later
than
Beginning in 2016-2017, the
department shall implement
statewide standard reporting requirements for education data
approved by the department in conjunction with the center. The
department shall work with the center, intermediate districts,
districts,
and other interested stakeholders to develop
recommendations
on the implementation of implement
this policy
change. A district or intermediate district shall implement the
statewide
standard reporting requirements not later than 2014-2015
2017-2018 or when a district or intermediate district updates its
education data reporting system, whichever is later.
Sec.
20. (1) For 2015-2016, 2016-2017,
both of the following
apply:
(a)
The basic foundation allowance is $8,169.00.$8,229.00.
(b)
The minimum foundation allowance is $7,391.00.$7,511.00.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately
preceding state fiscal year that was equal to the minimum
foundation allowance for the immediately preceding state fiscal
year, but less than the basic foundation allowance for the
immediately preceding state fiscal year, the district shall receive
a foundation allowance in an amount equal to the sum of the
district's foundation allowance for the immediately preceding state
fiscal year plus the difference between twice the dollar amount of
the adjustment from the immediately preceding state fiscal year to
the current state fiscal year made in the basic foundation
allowance and [(the difference between the basic foundation
allowance for the current state fiscal year and basic foundation
allowance for the immediately preceding state fiscal year minus
$23.00)
$20.00) times (the difference between the district's
foundation allowance for the immediately preceding state fiscal
year and the minimum foundation allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the minimum foundation allowance for the immediately preceding
state fiscal year]. However, the foundation allowance for a
district that had less than the basic foundation allowance for the
immediately preceding state fiscal year shall not exceed the basic
foundation
allowance for the current state fiscal year. For the
purposes
of this subdivision, for 2015-2016, the minimum foundation
allowance
for the immediately preceding state fiscal year shall be
considered
to be $7,251.00.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount equal to the amount of the basic
foundation allowance for the immediately preceding state fiscal
year,
the district shall receive a foundation allowance for 2015-
2016
2016-2017 in an amount equal to the basic foundation allowance
for
2015-2016.2016-2017.
(c) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was greater than the
basic foundation allowance for the immediately preceding state
fiscal year, the district's foundation allowance is an amount equal
to the sum of the district's foundation allowance for the
immediately preceding state fiscal year plus the lesser of the
increase in the basic foundation allowance for the current state
fiscal year, as compared to the immediately preceding state fiscal
year, or the product of the district's foundation allowance for the
immediately preceding state fiscal year times the percentage
increase in the United States consumer price index in the calendar
year ending in the immediately preceding fiscal year as reported by
the May revenue estimating conference conducted under section 367b
of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(e)
For a district that received a payment under section 22c
as
that section was in effect for 2014-2015, the district's 2014-
2015
foundation allowance shall be considered to have been an
amount
equal to the sum of the district's actual 2014-2015
foundation
allowance as otherwise calculated under this section
plus
the per-pupil amount of the district's equity payment for
2014-2015
under section 22c as that section was in effect for 2014-
2015.
(4) Except as otherwise provided in this subsection, the state
portion of a district's foundation allowance is an amount equal to
the district's foundation allowance or the basic foundation
allowance for the current state fiscal year, whichever is less,
minus the local portion of the district's foundation allowance
divided by the district's membership excluding special education
pupils. For a district described in subsection (3)(c), the state
portion of the district's foundation allowance is an amount equal
to $6,962.00 plus the difference between the district's foundation
allowance for the current state fiscal year and the district's
foundation allowance for 1998-99, minus the local portion of the
district's foundation allowance divided by the district's
membership excluding special education pupils. For a district that
has a millage reduction required under section 31 of article IX of
the state constitution of 1963, the state portion of the district's
foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes
continue to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to
satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, the taxable value per
membership pupil of property in the receiving district used for the
purposes of this subsection does not include the taxable value of
property within the geographic area of the dissolved district. For
a community district, if school operating taxes continue to be
levied by a qualifying school district under section 12b of the
revised school code, MCL 380.12b, with the same geographic area as
the community district, the taxable value per membership pupil of
property in the community district to be used for the purposes of
this subsection does not include the taxable value of property
within the geographic area of the community district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. For a pupil enrolled pursuant to section 105 or 105c
in a district other than the pupil's district of residence, the
allocation calculated under this section shall be based on the
lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district.
For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section
shall be based on the foundation allowance of the educating
district if the educating district's foundation allowance is
greater than the foundation allowance of the pupil's district of
residence. The calculation under this subsection shall take into
account a district's per-pupil allocation under section 20m.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. For pupils in membership, other than special
education pupils, in a public school academy that is a cyber school
and is authorized by a school district, the allocation calculated
under this section is an amount per membership pupil other than
special education pupils in the public school academy equal to the
foundation allowance of the district that authorized the public
school academy or the state maximum public school academy
allocation, whichever is less. However, a public school academy
that had an allocation under this subsection before 2009-2010 that
was equal to the sum of the local school operating revenue per
membership pupil other than special education pupils for the
district in which the public school academy is located and the
state portion of that district's foundation allowance shall not
have that allocation reduced as a result of the 2010 amendment to
this subsection. Notwithstanding section 101, for a public school
academy that begins operations after the pupil membership count
day, the amount per membership pupil calculated under this
subsection shall be adjusted by multiplying that amount per
membership pupil by the number of hours of pupil instruction
provided by the public school academy after it begins operations,
as determined by the department, divided by the minimum number of
hours of pupil instruction required under section 101(3). The
result of this calculation shall not exceed the amount per
membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils attending an achievement school and in membership in the
education achievement system, other than special education pupils,
the allocation calculated under this section is an amount per
membership pupil other than special education pupils equal to the
foundation allowance of the district in which the achievement
school is located, not to exceed the basic foundation allowance.
Notwithstanding section 101, for an achievement school that begins
operation after the pupil membership count day, the amount per
membership pupil calculated under this subsection shall be adjusted
by multiplying that amount per membership pupil by the number of
hours of pupil instruction provided by the achievement school after
it begins operations, as determined by the department, divided by
the minimum number of hours of pupil instruction required under
section 101(3). The result of this calculation shall not exceed the
amount per membership pupil otherwise calculated under this
subsection. For the purposes of this subsection, if a public school
is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the
revised school code, MCL 380.1280c, that public school is
considered to be an achievement school within the education
achievement system and not a school that is part of a district, and
a pupil attending that public school is considered to be in
membership in the education achievement system and not in
membership in the district that operated the school before the
transfer.
(8) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
community district, the allocation calculated under this section is
an amount per membership pupil other than special education pupils
in the community district equal to the foundation allowance of the
qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same
geographic area as the community district.
(9) (8)
Subject to subsection (4), for a
district that is
formed or reconfigured after June 1, 2002 by consolidation of 2 or
more districts or by annexation, the resulting district's
foundation allowance under this section beginning after the
effective date of the consolidation or annexation shall be the
lesser of the sum of the average of the foundation allowances of
each of the original or affected districts, calculated as provided
in this section, weighted as to the percentage of pupils in total
membership in the resulting district who reside in the geographic
area of each of the original or affected districts plus $100.00 or
the highest foundation allowance among the original or affected
districts. This subsection does not apply to a receiving district
unless there is a subsequent consolidation or annexation that
affects the district. The calculation under this subsection shall
take into account a district's per-pupil allocation under section
20m.
(10) (9)
Each fraction used in making
calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(11) (10)
State payments related to payment
of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(12) (11)
To assist the legislature in
determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year
plus the estimated total state school aid fund revenue for the
immediately preceding state fiscal year, adjusted for any change in
the rate or base of a tax the proceeds of which are deposited in
that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus
index is not determined at the revenue estimating conference, the
principals of the revenue estimating conference shall report their
estimates to the house and senate subcommittees responsible for
school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(13) (12)
Payments to districts, public
school academies, or
the education achievement system shall not be made under this
section. Rather, the calculations under this section shall be used
to determine the amount of state payments under section 22b.
(14) (13)
If an amendment to section 2 of
article VIII of the
state constitution of 1963 allowing state aid to some or all
nonpublic schools is approved by the voters of this state, each
foundation allowance or per-pupil payment calculation under this
section may be reduced.
(15) (14)
As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance"
means an amount that is equal to the difference between (the sum of
the product of the taxable value per membership pupil of all
property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil
of property in the district that is commercial personal property
times the certified mills minus 12 mills) and (the quotient of the
product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the
district's membership excluding special education pupils).
(h) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, local school operating revenue
does not include school operating taxes levied within the
geographic area of the dissolved district.
(i) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(j) "Maximum public school academy allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year plus the difference between twice the amount of
the difference between the basic foundation allowance for the
current state fiscal year and the basic foundation allowance for
the immediately preceding state fiscal year and [(the amount of the
difference between the basic foundation allowance for the current
state fiscal year and the basic foundation allowance for the
immediately
preceding state fiscal year minus $23.00) $20.00) times
(the difference between the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal
year and the minimum foundation allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the minimum foundation allowance for the immediately preceding
state
fiscal year]. For the purposes of this subdivision, for 2015-
2016,
2016-2017, the maximum public school academy allocation is
$7,391.00.$7,511.00.
(k) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(l) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a
public school academy.
(m) "Principal residence", "qualified agricultural property",
"qualified forest property", "supportive housing property",
"industrial personal property", and "commercial personal property"
mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(n) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(o) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18 and purposes authorized under section 1211 of the revised school
code, MCL 380.1211.
(p) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(q) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(r) "Taxable value per membership pupil" means taxable value,
as certified by the county treasurer and reported to the
department, for the calendar year ending in the current state
fiscal year divided by the district's membership excluding special
education pupils for the school year ending in the current state
fiscal year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue
per membership pupil in 1993-94 and in making calculations under
section
20 for 2015-2016, 2016-2017,
the department and the
department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue
per membership pupil in the 1994-95 state fiscal year of $6,500.00
or more and served as a fiscal agent for a state board designated
area vocational education center in the 1993-94 school year, total
state school aid received by or paid on behalf of the district
pursuant to this act in 1993-94 shall exclude payments made under
former section 146 and under section 147 on behalf of the
district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the
department shall make an adjustment under this subdivision to the
district's combined state and local revenue per membership pupil in
the 1994-95 state fiscal year and the department of treasury shall
make a final certification of the number of mills that may be
levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this
subdivision.
(b) If a district had an adjustment made to its 1993-94 total
state school aid that excluded payments made under former section
146 and under section 147 on behalf of the district's employees who
provided direct services for intermediate district center programs
operated by the district under article 5, if nonresident pupils
attending the center programs were included in the district's
membership for purposes of calculating the combined state and local
revenue per membership pupil for 1993-94, and if there is a signed
agreement by all constituent districts of the intermediate district
that an adjustment under this subdivision shall be made, the
foundation allowances for 1995-96 and 1996-97 of all districts that
had pupils attending the intermediate district center program
operated by the district that had the adjustment shall be
calculated as if their combined state and local revenue per
membership pupil for 1993-94 included resident pupils attending the
center program and excluded nonresident pupils attending the center
program.
Sec. 20f. (1) From the funds appropriated in section 11, there
is
allocated an amount not to exceed $18,000,000.00 for 2015-2016
2016-2017 for payments to eligible districts under this section.
(2) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
subsection if the district received a payment under this section as
it was in effect for 2013-2014. A district was eligible for funding
in 2013-2014 if the sum of the following was less than $5.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2012-2013 to
2013-2014.
(b) The district's equity payment per membership pupil under
section 22c for 2013-2014.
(c) The quotient of the district's allocation under section
147a for 2012-2013 divided by the district's membership pupils for
2012-2013 minus the quotient of the district's allocation under
section 147a for 2013-2014 divided by the district's membership
pupils for 2013-2014.
(3) The amount allocated to each eligible district under
subsection (2) is an amount per membership pupil equal to the
amount per membership pupil the district received under this
section in 2013-2014.
(4) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
subsection
for 2015-2016 2016-2017 if the sum of the following is
less than $25.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(5) The amount allocated to each eligible district under
subsection (4) is an amount per membership pupil equal to $25.00
minus the sum of the following:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(6) If the allocation under subsection (1) is insufficient to
fully fund payments under subsections (3) and (5) as otherwise
calculated under this section, the department shall prorate
payments under this section on an equal per-pupil basis.
Sec. 20g. (1) From the money appropriated under section 11,
there
is allocated an amount not to exceed $2,200,000.00 for 2015-
2016
$1,200,000.00 each fiscal
year for 2015-2016 and for 2016-2017
for grants to eligible districts that first received payments under
this section in 2013-2014 for transition costs related to the
enrollment of pupils who were previously enrolled in a district
that was dissolved under section 12 of the revised school code, MCL
380.12, allocated as provided under subsection (3). Payments under
this section shall continue for a total of 4 fiscal years following
the dissolution of a district, after which the payments shall
cease.
(2) A receiving school district, as that term is defined in
section 12 of the revised school code, MCL 380.12, is an eligible
district under this section.
(3) The amount allocated to each eligible district under this
section is an amount equal to the product of the number of
membership pupils enrolled in the eligible district who were
previously enrolled in the dissolved school district in the school
year immediately preceding the dissolution, or who reside in the
geographic area of the dissolved school district and are entering
kindergarten, times 10.0% of the lesser of the foundation allowance
of the eligible district as calculated under section 20 or the
basic foundation allowance under section 20(1).
(4) It is the intent of the legislature that an amount not to
exceed $660,000.00 be lapsed from the $2,500,000.00 that was
available for a qualifying intermediate district under this section
as it was in effect for the 2013-2014 fiscal year. In addition to
the money allocated under subsection (1), from the funds
appropriated in section 11, there is allocated for 2016-2017 an
amount not to exceed $660,000.00 to a qualifying intermediate
district for paying outstanding debt of a dissolved school
district. For purposes of this subsection, an intermediate district
is a qualifying intermediate district if it is required to perform
the functions and satisfy the responsibilities of a dissolved
school district under section 12(3) of the revised school code, MCL
380.12, if the authorization for that dissolved school district to
levy mills for school operating purposes under section 1211 of the
revised school code, MCL 380.1211, was not renewed after the school
district was dissolved, and if the intermediate district is located
in a county with a population of less than 250,000.
(5) (4)
As used in this section,
"dissolved school district"
means a school district that has been declared dissolved under
section 12 of the revised school code, 1976 PA 451, MCL 380.12.
Sec. 20m. (1) Foundation allowance supplemental payments for
2016-2017 to districts that in the 2015-2016 fiscal year had a
foundation allowance greater than $8,169.00 shall be calculated
under this section.
(2) The per-pupil allocation to each district under this
section shall be the difference between the dollar amount of the
adjustment from the immediately preceding state fiscal year to the
current state fiscal year in the basic foundation allowance minus
the dollar amount of the adjustment from the immediately preceding
fiscal year to the current state fiscal year in a qualifying
district's foundation allowance.
(3) If a district's local revenue per pupil does not exceed
the sum of its foundation allowance under section 20 plus the per-
pupil allocation under subsection (2), the total payment to the
district calculated under this section shall be the product of the
per-pupil allocation under subsection (2) multiplied by the
district's membership excluding special education pupils. If a
district's local revenue per pupil exceeds the foundation allowance
under section 20 but does not exceed the sum of the foundation
allowance under section 20 plus the per-pupil allocation under
subsection (2), the total payment to the district calculated under
this section shall be the product of the difference between the sum
of the foundation allowance under section 20 plus the per-pupil
allocation under subsection (2) minus the local revenue per pupil
multiplied by the district's membership excluding special education
pupils. If a district's local revenue per pupil exceeds the sum of
the foundation allowance under section 20 plus the per-pupil
allocation under subsection (2), there is no payment calculated
under this section for the district.
(4) Payments to districts shall not be made under this
section. Rather, the calculations under this section shall be made
and used to determine the amount of state payments under section
22b.
Sec. 21. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $5,000,000.00 for 2016-2017 to
make supplemental payments to eligible districts that are
identified under section 1280c of the revised school code, MCL
380.1280c, as being among the lowest achieving 5% of all public
schools in this state.
(2) A district is eligible to receive the supplemental
payments calculated under this section for 3 consecutive fiscal
years if all of the following conditions are met:
(a) The state school reform/redesign officer has appointed a
chief executive officer to take control of 1 or more public schools
in the district, as provided for in section 1280c(7) of the revised
school code, MCL 380.1280c, and there is at least 1 high school
operated by the district.
(b) As determined by the school reform office, an intervention
agreement meeting at least the following criteria has been executed
by the state school reform/redesign officer and the district. The
intervention agreement shall include, but is not limited to:
(i) The rights and responsibilities of the chief executive
officer. However, the intervention agreement shall not mitigate the
authority of the chief executive officer prescribed in applicable
statute including financial and employment authority.
(ii) The allocation of supplemental payments under this
section.
(iii) The compensation for the chief executive officer.
(iv) The role of the district's board and officers during the
intervention term.
(v) Termination and renewal rights of the school reform
office.
(vi) Liability provisions for the chief executive officer.
(vii) A dispute resolution process.
(viii) The length of the term of the agreement.
(ix) Other provisions as determined by the school reform
office for successful implementation of the chief executive officer
intervention.
(c) The district has not entered into and is not currently
operating under a local government option under the local financial
stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, or
a successor act.
(3) The state school reform/redesign officer, at least
annually, shall appear in person before the house and senate
appropriations subcommittees responsible for school aid to provide
an update on the yearly progress of schools under the control of a
chief executive officer. In addition, the state school
reform/redesign officer shall provide a quarterly report concerning
the chief executive officer's use of funds to increase pupil
achievement.
(4) The supplemental payment provided to a district under this
section shall be calculated by multiplying the district's
foundation allowance by 20% of the high school's membership for the
prior fiscal year. The same dollar amount shall continue to be
available to the district for a maximum of 3 years, subject to the
conditions specified in subsection (2).
(5) From the allocation in subsection (1), in addition to the
supplemental payments calculated under subsection (4), there is
allocated an amount sufficient to pay for the appointment of chief
executive officers by the state school reform/redesign officer, as
provided for in section 1280c(7) of the revised school code, MCL
380.1280c.
(6) For the purposes of this section, a high school is a
school that operates exclusively all of grades 9 to 12.
Sec.
21f. (1) A pupil enrolled in a district in any of grades
6
to 12 is eligible to enroll in an online course as provided for
in
this section. A primary district
shall enroll an eligible pupil
in virtual courses in accordance with the provisions of this
section. A primary district shall not offer a virtual course to an
eligible pupil unless the virtual course is published in the
primary district's catalog of board-approved courses or in the
statewide catalog of virtual courses maintained by the Michigan
Virtual University pursuant to section 98. The primary district
shall also provide on its publicly accessible website a link to the
statewide catalog of virtual courses maintained by the Michigan
Virtual University. Unless the pupil is at least age 18 or is an
emancipated minor, a pupil shall not be enrolled in a virtual
course without the consent of the pupil's parent or legal guardian.
(2)
With the consent of the pupil's parent or legal guardian,
a
Subject to subsection (3), a
primary district shall enroll an
eligible
pupil in up to 2 online virtual
courses as requested by
the
pupil during an academic term, semester, or trimester. Unless
the
pupil is newly enrolled in the pupil's primary district, the
request
for online course enrollment must be made in the academic
term,
semester, trimester, or summer preceding the enrollment. A
district
may not establish additional requirements that would
prohibit
a pupil from taking an online course. If a pupil has
demonstrated
previous success with online courses and the school
leadership
and the pupil's parent or legal guardian determine that
it
is in the best interest of the pupil, a pupil may be enrolled in
more
than 2 online courses in a specific academic term, semester,
or
trimester. Consent of the pupil's parent or legal guardian is
not
required if the pupil is at least age 18 or is an emancipated
minor.
(3)
An eligible pupil may enroll in an online course published
in
the pupil's primary district's catalog of online courses
described
in subsection (7)(a) or the statewide catalog of online
courses
maintained by the Michigan Virtual University pursuant to
section
98.
(3) A pupil may be enrolled in more than 2 virtual courses in
a specific academic term, semester, or trimester if all of the
following conditions are met:
(a) The primary district has determined that it is in the best
interest of the pupil.
(b) The pupil agrees with the recommendation of the primary
district.
(c) The primary district, in collaboration with the pupil, has
developed an education development plan, in a form and manner
specified by the department, that is kept on file by the district.
(4)
A providing district or community college shall determine
whether
or not it has capacity to accept applications for
enrollment
from nonresident applicants in online courses and may
use
that limit as the reason for refusal to enroll an applicant. If
the
number of nonresident applicants eligible for acceptance in an
online
a virtual course does not exceed the capacity of the
providing
district or community college provider
to provide the
online
virtual course, the providing district or community
college
provider
shall accept for enrollment all of the nonresident
applicants
eligible for acceptance. If the number of nonresident
applicants
exceeds the providing district's or community college's
provider's
capacity to provide the online virtual course,
the
providing
district or community college provider
shall use a random
draw system, subject to the need to abide by state and federal
antidiscrimination laws and court orders. A primary district that
is also a provider shall determine whether or not it has the
capacity to accept applications for enrollment from nonresident
applicants in virtual courses and may use that limit as the reason
for refusal to enroll a nonresident applicant.
(5) A primary district may not establish additional
requirements beyond those specified in this subsection that would
prohibit a pupil from taking a virtual course. A pupil's primary
district may deny the pupil enrollment in an online course if any
of the following apply, as determined by the district:
(a) The pupil is enrolled in any of grades K to 5.
(b) (a)
The pupil has previously gained the
credits that would
be
provided from the completion of the online
virtual course.
(c) (b)
The online virtual course
is not capable of generating
academic credit.
(d) (c)
The online virtual course
is inconsistent with the
remaining graduation requirements or career interests of the pupil.
(d)
The pupil does not possess the prerequisite knowledge and
skills
to be successful in the online course or has demonstrated
failure
in previous online coursework in the same subject.
(e) The pupil has not completed the prerequisite coursework
for the requested virtual course or has not demonstrated
proficiency in the prerequisite course content.
(f) The pupil has failed a previous virtual course in the same
subject during the 2 most recent academic years.
(g) (e)
The online virtual course
is of insufficient quality
or rigor. A primary district that denies a pupil enrollment request
for
this reason shall make a reasonable effort to assist the pupil
to
find an alternative course enroll
the pupil in a virtual course
in the same or a similar subject that the primary district
determines is of acceptable rigor and quality.
(h) (f)
The cost of the online virtual course
exceeds the
amount
identified in subsection (10), (9),
unless the pupil or the
pupil's parent or legal guardian agrees to pay the cost that
exceeds this amount.
(i) (g)
The online course enrollment request
does for a
virtual course enrollment did not occur within the same timelines
established by the primary district for enrollment and schedule
changes for regular courses.
(j) The request for a virtual course enrollment was not made
in the academic term, semester, trimester, or summer preceding the
enrollment. This subdivision does not apply to a request made by a
pupil who is newly enrolled in the primary district.
(6)
If a pupil is denied enrollment in an online a virtual
course by the pupil's primary district, the primary district shall
provide written notification to the pupil of the denial, the reason
or reasons for the denial pursuant to subsection (5), and a
description of the appeal process. The pupil may appeal the denial
by submitting a letter to the superintendent of the intermediate
district in which the pupil's primary district is located. The
letter of appeal shall include the reason provided by the primary
district for not enrolling the pupil and the reason why the pupil
is claiming that the enrollment should be approved. The
intermediate district superintendent or designee shall respond to
the appeal within 5 days after it is received. If the intermediate
district superintendent or designee determines that the denial of
enrollment does not meet 1 or more of the reasons specified in
subsection
(5), the primary district shall allow enroll the pupil
to
enroll in the online virtual course.
(7)
To provide an online a
virtual course to an eligible pupil
under
this section, the providing district or intermediate district
a provider shall do all of the following:
(a)
Provide the Michigan Virtual University with the course
syllabus
in a form and method prescribed by the Michigan Virtual
University
for inclusion in a statewide online course catalog. The
district
or intermediate district shall also provide on its
publicly
accessible website a link to the course syllabi for all of
the
online courses offered by the district or intermediate district
and
a link to the statewide catalog of online courses maintained by
the
Michigan Virtual University. Ensure
that the virtual course has
been published in the pupil's primary district's catalog of board-
approved courses or published in the statewide catalog of virtual
courses maintained by the Michigan Virtual University.
(b) Assign to each pupil a teacher of record and provide the
primary
district with the personal personnel
identification code
assigned by the center for the teacher of record. If the provider
is a community college, the virtual course must be taught by an
instructor employed by or contracted through the providing
community college.
(c)
Offer the online virtual course on an open entry and exit
method, or aligned to a semester, trimester, or accelerated
academic term format.
(d) If the virtual course is offered to eligible pupils in
more than 1 district, the following additional requirements must
also be met:
(i) Provide the Michigan Virtual University with a course
syllabus that meets the definition under subsection (14)(g) in a
form and manner prescribed by the Michigan Virtual University for
inclusion in a statewide catalog of virtual courses.
(ii) (d)
Not later than October 1 ,
2015, of each fiscal year,
provide
the Michigan Virtual University with the number of
enrollments
in each online an aggregated
count of enrollments for
each
virtual course the district or
intermediate district provided
provider
delivered to pupils pursuant to this
section in during the
immediately preceding school year, and the number of enrollments in
which the pupil earned 60% or more of the total course points for
each
online virtual course.
(8) To provide an online course under this section, a
community
college shall do all of the following:
(a)
Provide the Michigan Virtual University with the course
syllabus
in a form and method prescribed by the Michigan Virtual
University
for inclusion in a statewide online course catalog.
(b)
Offer the online course on an open entry and exit method,
or
aligned to a semester, trimester, or accelerated academic term
format.
(c)
Ensure ensure that each online course it provides under
this section generates postsecondary credit.
(d)
Beginning with October 1, 2016, and by October 1 of each
year
thereafter, provide the Michigan Virtual University with the
number
of enrollments in each online course the community college
provided
to pupils pursuant to this section in the immediately
preceding
school year, and the number of enrollments in which the
pupil
earned 60% or more of the total course points for each online
course.
(e)
Be taught by an instructor employed by or contracted
through
the community college.
(9)
For any online virtual course a pupil enrolls in under
this section, the pupil's primary district must assign to the pupil
a
mentor to monitor the pupil's progress during the online course
and
shall supply the providing district provider with the mentor's
contact information.
(10)
For a pupil enrolled in 1 or more online virtual courses,
published
in the pupil's primary district's catalog of online
courses
under subsection (7) or in the statewide catalog of online
courses
maintained by the Michigan Virtual University, the primary
district shall use foundation allowance or per-pupil funds
calculated under section 20 to pay for the expenses associated with
the
online virtual course or courses. A primary district is not
required
to pay toward the cost of an online a virtual course an
amount that exceeds 6.67% of the minimum foundation allowance for
the current fiscal year as calculated under section 20.
(11)
An online A virtual learning pupil shall have the same
rights and access to technology in his or her primary district's
school facilities as all other pupils enrolled in the pupil's
primary district. The department shall establish standards for
hardware, software, and internet access for pupils who are enrolled
in more than 2 virtual courses in an academic term, semester, or
trimester taken at a location other than a school facility.
(12)
If a pupil successfully completes an online a virtual
course, as determined by the pupil's primary district, the pupil's
primary district shall grant appropriate academic credit for
completion of the course and shall count that credit toward
completion of graduation and subject area requirements. A pupil's
school
record and transcript shall identify the online virtual
course
title as it appears in the online virtual course syllabus.
(13)
The enrollment of a pupil in 1 or more online virtual
courses shall not result in a pupil being counted as more than 1.0
full-time equivalent pupils under this article. The minimum
requirements to count the pupil in membership are those established
by the pupil accounting manual as it was in effect for the 2015-
2016 school year or as subsequently amended by the department if
the department notifies the legislature about the proposed
amendment at least 60 days before the amendment becomes effective.
(14)
The portion of the full-time equated pupil membership for
which
a pupil is enrolled in 1 or more online courses under this
section
shall not be transferred under the pupil transfer process
under
section 25e.
(14) (15)
As used in this section:
(a) "Instructor" means an individual who is employed by or
contracted through a community college.
(b) (a)
"Mentor" means a
professional employee of the primary
district who monitors the pupil's progress, ensures the pupil has
access to needed technology, is available for assistance, and
ensures access to the teacher of record. A mentor may also serve as
the teacher of record if the primary district is the provider for
the virtual course and the mentor meets the requirements under
subdivision
(g).(e).
(b)
"Online course" means a course of study that is capable of
generating
a credit or a grade, that is provided in an interactive
Internet-connected
learning environment, in which pupils are
separated
from their teachers by time or location, or both, and, if
the
course is provided by a district or intermediate district, in
which
a teacher who holds a valid Michigan teaching certificate
that
qualifies the teacher to teach the course is responsible for
providing
instruction, determining appropriate instructional
methods
for each pupil, diagnosing learning needs, assessing pupil
learning,
prescribing intervention strategies, reporting outcomes,
and
evaluating the effects of instruction and support strategies.
(c)
"Online course syllabus" means a document that includes
all
of the following:
(i) The state academic standards addressed in an
online
course.
(ii) The online course content outline.
(iii) The online course required assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor contact time
with the
online
learning pupil and other pupil-to-instructor communications.
(vi) Academic support available to the online learning
pupil.
(vii) The online course learning outcomes and
objectives.
(viii) The name of the institution or organization
providing
the
online content.
(ix) The name of the institution or organization
providing the
online
instructor.
(x) The course titles assigned by the district or
intermediate
district
and the course titles and course codes from the National
Center
for Education Statistics (NCES) school codes for the
exchange
of data (SCED).
(xi) The number of eligible nonresident pupils that
will be
accepted
by the district or intermediate district in the online
course.
(xii) The results of the online course quality review
using
the
guidelines and model review process published by the Michigan
Virtual
University.
(d)
"Online learning pupil" means a pupil enrolled in 1 or
more
online courses.
(c) (e)
"Primary district" means
the district that enrolls the
pupil
and reports the pupil as a full-time equated pupil for pupil
membership purposes.
(d) (f)
"Providing district" "Provider"
means the district,
intermediate district, or community college that the primary
district
pays to provide the online virtual
course or the Michigan
Virtual University if it is providing the virtual course.
(e) (g)
"Teacher of record" means
a teacher who holds a valid
Michigan
teaching certificate; who, if applicable, is endorsed in
the
subject area and grade of the online course; and is responsible
for
providing instruction, determining instructional methods for
each
pupil, diagnosing learning needs, assessing pupil learning,
prescribing
intervention strategies, reporting outcomes, and
evaluating
the effects of instruction and support strategies. meets
all of the following:
(i) Holds a valid Michigan teaching certificate or a teaching
permit recognized by the department.
(ii) If applicable, is endorsed in the subject area and grade
of the virtual course.
(iii) Is responsible for providing instruction, determining
instructional methods for each pupil, diagnosing learning needs,
assessing pupil learning, prescribing intervention strategies and
modifying lessons, reporting outcomes, and evaluating the effects
of instruction and support strategies.
(iv) Has a personnel identification code provided by the
center.
(v) If the provider is a community college, is an instructor
employed by or contracted through the providing community college.
(f) "Virtual course" means a course of study that is capable
of generating a credit or a grade and that is provided in an
interactive learning environment where the majority of the
curriculum is delivered using the Internet and in which pupils may
be separated from their instructor or teacher of record by time or
location, or both.
(g) "Virtual course syllabus" means a document that includes
all of the following:
(i) An alignment document detailing how the course meets
applicable state standards or, if the state does not have state
standards, nationally recognized standards.
(ii) The virtual course content outline.
(iii) The virtual course required assessments.
(iv) The virtual course prerequisites.
(v) Expectations for actual instructor or teacher of record
contact time with the virtual learning pupil and other
communications between a pupil and the instructor or teacher of
record.
(vi) Academic support available to the virtual learning pupil.
(vii) The virtual course learning outcomes and objectives.
(viii) The name of the institution or organization providing
the virtual content.
(ix) The name of the institution or organization providing the
instructor or teacher of record.
(x) The course titles assigned by the provider and the course
titles and course codes from the National Center for Education
Statistics (NCES) school codes for the exchange of data (SCED).
(xi) The number of eligible pupils that will be accepted by
the provider in the virtual course. A primary district that is also
the provider may limit the enrollment to those pupils enrolled in
the primary district.
(xii) The results of the virtual course quality review using
the guidelines and model review process published by the Michigan
Virtual University.
(h) "Virtual learning pupil" means a pupil enrolled in 1 or
more virtual courses.
Sec. 21g. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $500,000.00 for
2016-2017 for a grant to a public-private partnership, led by the
Michigan Center of Innovation in Education, a Michigan-based
nonprofit organization that is exempt from federal taxes under
section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3),
in partnership with the Michigan Association of Intermediate School
Administrators, and in coordination with the department and the
center, to develop and pilot a competency-based transcript and
marketplace to provide enhanced choice to pupils and parents for
the completion of the requirements for a high school diploma under
the Michigan merit standard under sections 1278a and 1278b of the
revised school code, MCL 380.1278a and 380.1278b.
(2) The partnership under subsection (1) shall do all of the
following:
(a) Establish an articulation framework for Michigan academic,
technical, and global competencies of prekindergarten through high
school diploma requirements, including providing for career and
technical and dual enrollment opportunities.
(b) Establish assessment criteria for measuring these
competencies and awarding universally recognized credentials,
micro-credentials, credits, and micro-credits for demonstrated
competencies independent of state-administered assessments.
(c) Identify a means of accrediting education service
providers as competency-based credentialing organizations to
facilitate any-time, any-pace, any-way, any-place learning such
that credentials, micro-credentials, credits, and micro-credits can
be earned inside and outside traditional classroom settings.
(d) Develop and pilot a pupil-owned transcript that satisfies
postsecondary institution requirements for admission and allows
pupils to accumulate credentials, micro-credentials, credits, and
micro-credits required for high school graduation, postsecondary
matriculation, and early career success.
(e) Establish and pilot a marketplace of accredited education
service providers to provide enhanced choice for pupils and parents
when selecting credentials, micro-credentials, credits, and micro-
credits needed to satisfy Michigan high school diploma
requirements, including career and technical and dual enrollment
opportunities.
(3) Accredited education service providers shall include, but
are not limited to, the following:
(a) Districts and public career and technical programs.
(b) Preschool, after-school, and other qualifying programs.
(c) Museums, historical societies, science centers, and other
community education organizations.
(d) Business and civic organizations and other institutions
providing internship and apprenticeship opportunities.
(e) Community colleges, trade schools, and universities
offering dual enrollment opportunities.
(4) The transcript and marketplace shall do all of the
following:
(a) Use Michigan-specific academic standards when defining
academic competencies.
(b) Use industry standards for the competency assessment.
(c) Use industry standards for articulating and transcripting
of credentials, micro-credentials, credits, and micro-credits.
(d) Offer its services at no cost to pupils or parents.
(5) Not more than 50% of the funds awarded to a grantee under
this section shall be initially distributed to the grantee. To
receive the remaining distribution of funds, the grantee shall
provide to the department a progress report on the development and
piloting of the competency-based transcript and marketplace
described in this section, and the department shall only release
the remaining funds if, upon review of this progress report, the
department determines that sufficient progress has been made by the
grantee.
(6) Upon completion of the pilot described in this section,
the grantee shall provide a report to the house and senate
appropriations subcommittees on school aid detailing the project's
expenditures, pupils served, successes and challenges, and
feasibility for expanding the project statewide.
Sec. 22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,377,000,000.00 for 2014-2015
and
an amount not to exceed $5,281,700,000.00
$5,260,000,000.00 for
2015-2016 and an amount not to exceed $5,205,000,000.00 for 2016-
2017 for payments to districts and qualifying public school
academies to guarantee each district and qualifying public school
academy an amount equal to its 1994-95 total state and local per
pupil revenue for school operating purposes under section 11 of
article IX of the state constitution of 1963. Pursuant to section
11 of article IX of the state constitution of 1963, this guarantee
does not apply to a district in a year in which the district levies
a millage rate for school district operating purposes less than it
levied in 1994. However, subsection (2) applies to calculating the
payments under this section. Funds allocated under this section
that are not expended in the state fiscal year for which they were
allocated, as determined by the department, may be used to
supplement the allocations under sections 22b and 51c in order to
fully fund those calculated allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for
school operating purposes, there is allocated to each district a
state portion of the district's 1994-95 foundation allowance in an
amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state
portion of a district's 1994-95 foundation allowance is an amount
equal to the district's 1994-95 foundation allowance or $6,500.00,
whichever is less, minus the difference between the sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership. For
a district that has a millage reduction required under section 31
of article IX of the state constitution of 1963, the state portion
of the district's foundation allowance shall be calculated as if
that reduction did not occur. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, taxable
value per membership pupil of all property in the receiving
district that is nonexempt property and taxable value per
membership pupil of property in the receiving district that is
commercial personal property do not include property within the
geographic area of the dissolved district; ad valorem property tax
revenue of the receiving district captured under tax increment
financing acts does not include ad valorem property tax revenue
captured within the geographic boundaries of the dissolved district
under tax increment financing acts; and certified mills do not
include the certified mills of the dissolved district.
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection
shall be the sum of the amount calculated under subdivision (a)
plus the amount calculated under this subdivision. The amount
calculated under this subdivision shall be equal to the difference
between the district's 1994-95 foundation allowance minus $6,500.00
and the current year hold harmless school operating taxes per
pupil. If the result of the calculation under subdivision (a) is
negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a
calculation under this subdivision is negative, there shall not be
a state payment or a deduction under this subdivision. The taxable
values per membership pupil used in the calculations under this
subdivision are as adjusted by ad valorem property tax revenue
captured under tax increment financing acts divided by the
district's membership. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, ad valorem
property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the
geographic boundaries of the dissolved district under tax increment
financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy, there is allocated under this
section to the authorizing body that is the fiscal agent for the
qualifying public school academy for forwarding to the qualifying
public school academy an amount equal to the 1994-95 per pupil
payment to the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal
funds for which the district or qualifying public school academy
otherwise would be eligible.
(5) Except as otherwise provided in this subsection, for a
district that is formed or reconfigured after June 1, 2000 by
consolidation of 2 or more districts or by annexation, the
resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or
annexation shall be the average of the 1994-95 foundation
allowances of each of the original or affected districts,
calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district
in the state fiscal year in which the consolidation takes place who
reside in the geographic area of each of the original districts. If
an affected district's 1994-95 foundation allowance is less than
the 1994-95 basic foundation allowance, the amount of that
district's 1994-95 foundation allowance shall be considered for the
purpose of calculations under this subsection to be equal to the
amount of the 1994-95 basic foundation allowance. This subsection
does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(6) Payments under this section are subject to section 25f.
(7) As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95
foundation allowance calculated and certified by the department of
treasury or the superintendent under former section 20a as enacted
in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(d) "Current year hold harmless school operating taxes per
pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current
year taxable value per membership pupil. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil does not include the taxable
value of property within the geographic area of the dissolved
district.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Hold harmless millage" means, for a district with a 1994-
95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a
homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal
property, commercial personal property, and property occupied by a
public school academy could be reduced as provided in section 1211
of the revised school code, MCL 380.1211, and the number of mills
of school operating taxes that could be levied on all property as
provided in section 1211(2) of the revised school code, MCL
380.1211, as certified by the department of treasury for the 1994
tax year. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not
include school operating taxes levied within the geographic area of
the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified
forest property", "supportive housing property", "industrial
personal property", and "commercial personal property" mean those
terms as defined in section 1211 of the revised school code, MCL
380.1211.
(h) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(i) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a
public school academy.
(j) "Qualifying public school academy" means a public school
academy that was in operation in the 1994-95 school year and is in
operation in the current state fiscal year.
(k) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(l) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes as defined in
section 20.
(m) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each of the
following divided by the district's membership:
(i) For the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified
agricultural property, qualified forest property, supportive
housing property, industrial personal property, commercial personal
property, and property occupied by a public school academy may be
reduced as provided in section 1211 of the revised school code, MCL
380.1211, the taxable value of homestead, qualified agricultural
property, qualified forest property, supportive housing property,
industrial personal property, commercial personal property, and
property occupied by a public school academy for the calendar year
ending in the current state fiscal year. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
mills do not include mills within the geographic area of the
dissolved district.
(ii) For the number of mills of school operating taxes that
may be levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, the taxable value of all
property for the calendar year ending in the current state fiscal
year. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not
include school operating taxes levied within the geographic area of
the dissolved district.
Sec.
22b. (1) From the appropriation in section 11, For
discretionary nonmandated payments to districts under this section,
there is allocated from the appropriation in section 11 an amount
not to exceed $3,692,000,000.00 for 2015-2016, and there is
allocated
for 2016-2017 an amount not to exceed $3,440,000,000.00
for
2014-2015 and an amount not to exceed $3,728,000,000.00 for
2015-2016
for discretionary nonmandated payments to districts under
this
section. $3,828,000,000.00 from
the state school aid fund and
general fund appropriations in section 11 and an amount not to
exceed $72,000,000.00 from the community district education trust
fund appropriation in section 11. Funds allocated under this
section that are not expended in the state fiscal year for which
they were allocated, as determined by the department, may be used
to supplement the allocations under sections 22a and 51c in order
to fully fund those calculated allocations for the same fiscal
year.
(2) Subject to subsection (3) and section 296, the allocation
to a district under this section shall be an amount equal to the
sum of the amounts calculated under sections 20, 20m, 51a(2),
51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under subsection (1),
each district shall do all of the following:
(a) Comply with section 1280b of the revised school code, MCL
380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL
380.1230g.
(e) Comply with section 21f.
(4) Districts are encouraged to use funds allocated under this
section for the purchase and support of payroll, human resources,
and other business function software that is compatible with that
of the intermediate district in which the district is located and
with other districts located within that intermediate district.
(5) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state related to commercial or industrial property tax appeals,
including, but not limited to, appeals of classification, that
impact revenues dedicated to the state school aid fund.
(6) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state associated with lawsuits filed by 1 or more districts or
intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be
made in full before any proration of remaining payments under this
section.
(7) It is the intent of the legislature that all
constitutional obligations of this state have been fully funded
under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or
alleges that there exists an unfunded constitutional requirement,
the state budget director may escrow or allocate from the
discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed,
the escrowed funds are a work project appropriation and the funds
are carried forward into the following fiscal year. The purpose of
the work project is to provide for any payments that may be awarded
to districts as a result of litigation. The work project shall be
completed upon resolution of the litigation.
(8) If the local claims review board or a court of competent
jurisdiction makes a final determination that this state is in
violation of section 29 of article IX of the state constitution of
1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or
allocate from the discretionary funds for nonmandated payments
under this section the amount as may be necessary to satisfy the
amount owed to districts before making any payments to districts
under subsection (2).
(9) If a claim is made in court that challenges the
legislative determination of the adequacy of funding for this
state's constitutional obligations or alleges that there exists an
unfunded constitutional requirement, any interested party may seek
an expedited review of the claim by the local claims review board.
If the claim exceeds $10,000,000.00, this state may remove the
action to the court of appeals, and the court of appeals shall have
and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the
local claims review board or a court of competent jurisdiction that
there has been a violation of section 29 of article IX of the state
constitution of 1963 exceed the amount allocated for discretionary
nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional
obligations at its next legislative session.
(11) If a lawsuit challenging payments made to districts
related to costs reimbursed by federal title XIX Medicaid funds is
filed against this state, then, for the purpose of addressing
potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate
money from the funds otherwise allocated under this section, up to
a maximum of 50% of the amount allocated in subsection (1). If
funds are placed in escrow under this subsection, those funds are a
work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to
provide for any payments that may be awarded to districts as a
result of the litigation. The work project shall be completed upon
resolution of the litigation. In addition, this state reserves the
right to terminate future federal title XIX Medicaid reimbursement
payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection,
"title XIX" means title XIX of the social security act, 42 USC 1396
to 1396v.
(12)
Payments under this section are subject to section 25g.
Sec. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $5,000,000.00 is allocated for 2015-2016 2016-2017
for supplemental payments to rural districts under this section.
(2) From the allocation under subsection (1), there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$957,300.00 for payments under this subsection to districts that
meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at
least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from
any other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible
district under subsection (2) shall be determined under a spending
plan developed as provided in this subsection and approved by the
superintendent of public instruction. The spending plan shall be
developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The
intermediate superintendents shall review the financial situation
of each eligible district, determine the minimum essential
financial needs of each eligible district, and develop and agree on
a spending plan that distributes the available funding under
subsection (2) to the eligible districts based on those financial
needs. The intermediate superintendents shall submit the spending
plan to the superintendent of public instruction for approval. Upon
approval by the superintendent of public instruction, the amounts
specified for each eligible district under the spending plan are
allocated under subsection (2) and shall be paid to the eligible
districts in the same manner as payments under section 22b.
(4) Subject to subsection (6), from the allocation in
subsection
(1), there is allocated for 2015-2016 2016-2017 an
amount not to exceed $4,042,700.00 for payments under this
subsection to districts that have 7.3 or fewer pupils per square
mile as determined by the department.
(5) The funds allocated under subsection (4) shall be
allocated on an equal per-pupil basis.
(6) A district receiving funds allocated under subsection (2)
is not eligible for funding allocated under subsection (4).
Sec. 22g. (1) From the funds appropriated in section 11, there
is
allocated for 2015-2016 2016-2017
only an amount not to exceed
$5,000,000.00
$500,000.00 for competitive assistance grants to
districts and intermediate districts.
(2) Funds received under this section may be used for
reimbursement of transition costs associated with the dissolution,
consolidation, or annexation of districts or intermediate
districts. Grant funding shall be available for dissolutions,
consolidations, or
annexations that occur on or after June 1, 2015.
2016. Districts may spend funds allocated under this section over 3
fiscal years.
(3) In addition to the amount allocated under subsection (1),
from the funds appropriated in section 11, there is allocated for
2016-2017 an amount not to exceed $2,500,000.00 for grants to
districts or intermediate districts that received a grant under
this section as it was in effect for 2015-2016 for reimbursement of
remaining transition costs associated with a dissolution,
consolidation, or annexation that was approved during 2015-2016 by
the school electors of the applicable district or intermediate
district.
Sec. 23a. (1) A dropout recovery program operated by a
district qualifies for the special membership counting provisions
of section 6(4)(dd) and the hours and day of pupil instruction
exemption under section 101(12) if the dropout recovery program
meets all of the following:
(a) Enrolls only eligible pupils.
(b) Provides an advocate. An advocate may serve in that role
for more than 1 pupil but no more than 50 pupils. An advocate may
be employed by the district or may be provided by an education
management organization that is partnering with the district.
Before an individual is assigned to be an advocate for a pupil in
the dropout recovery program, the district shall comply with
sections 1230 and 1230a of the revised school code, MCL 380.1230
and 380.1230a, with respect to that individual.
(c) Develops a written learning plan.
(d) Monitors the pupil's progress against the written learning
plan.
(e) Requires each pupil to make satisfactory monthly progress,
as defined by the district under subsection (2).
(f) Reports the pupil's progress results to the partner
district at least monthly.
(g) The program may be operated on or off a district school
campus, but may be operated using distance learning online only if
the program provides a computer and Internet access for each
eligible pupil participating in the program.
(h) Is operated throughout the entire calendar year.
(i) If the district partners with an education management
organization for the program, the education management organization
has a dropout recovery program partnership relationship with at
least 1 other district.
(2) A district operating a dropout recovery program under this
section shall adopt a definition of satisfactory monthly progress
that is consistent with the definition of that term under
subsection (3).
(3) As used in this section:
(a) "Advocate" means an adult available to meet in person with
assigned pupils, as needed, to conduct social interventions, to
proctor final examinations, and to provide academic and social
support to pupils enrolled in the district's dropout recovery
program.
(b) "Education management organization" means a private
provider that operates 1 or more other dropout recovery programs
that meet the requirements of this section in partnership with 1 or
more districts.
(c) "Eligible pupil" means a pupil who has been expelled from
school under the mandatory expulsion provisions in section 1311 or
1311a of the revised school code, MCL 380.1311 and 380.1311a, a
pupil who has been suspended or expelled from school under a local
policy, a pupil who is referred by a court, a pupil who is pregnant
or is a parent, a pupil who was previously a dropout, or a pupil
who is determined by the district to be at risk of dropping out.
(d) "Satisfactory monthly progress" means an amount of
progress that is measurable on a monthly basis and that, if
continued for a full 12 months, would result in the same amount of
academic credit being awarded to the pupil as would be awarded to a
general education pupil completing a full school year. Satisfactory
monthly progress may include a lesser required amount of progress
for the first 2 months a pupil participates in the program.
(e) "Teacher of record" means a teacher who holds a valid
Michigan teaching certificate; who, if applicable, is endorsed in
the subject area and grade of the course; and is responsible for
providing instruction, determining instructional methods for each
pupil, diagnosing learning needs, assessing pupil learning,
prescribing intervention strategies, reporting outcomes, and
evaluating the effects of instruction and support strategies.
(f) (e)
"Written learning plan"
means a written plan developed
in conjunction with the advocate that includes the plan start and
end dates, courses to be taken, credit to be earned for each
course, teacher of record for each course, and advocate name and
contact information.
Sec. 24. (1) From the appropriation in section 11, there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$8,000,000.00 for payments to the educating district or
intermediate district for educating pupils assigned by a court or
the department of health and human services to reside in or to
attend a juvenile detention facility or child caring institution
licensed by the department of health and human services and
approved by the department to provide an on-grounds education
program. The amount of the payment under this section to a district
or intermediate district shall be calculated as prescribed under
subsection (2).
(2) The total amount allocated under this section shall be
allocated by paying to the educating district or intermediate
district an amount equal to the lesser of the district's or
intermediate district's added cost or the department's approved
per-pupil allocation for the district or intermediate district. For
the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils assigned by a court or the department of
health and human services to reside in or to attend a juvenile
detention facility or child caring institution licensed by the
department of health and human services or the department of
licensing and regulatory affairs and approved by the department to
provide an on-grounds education program. Added cost shall be
computed by deducting all other revenue received under this article
for pupils described in this section from total costs, as approved
by the department, in whole or in part, for educating those pupils
in the on-grounds education program or in a program approved by the
department that is located on property adjacent to a juvenile
detention facility or child caring institution. Costs reimbursed by
federal funds are not included.
(b) "Department's approved per-pupil allocation" for a
district or intermediate district shall be determined by dividing
the total amount allocated under this section for a fiscal year by
the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year
for the district or intermediate district.
(3) A district or intermediate district educating pupils
described in this section at a residential child caring institution
may operate, and receive funding under this section for, a
department-approved on-grounds educational program for those pupils
that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution
and offered in 1991-92 an on-grounds educational program that was
longer than 181 days but not longer than 233 days and that was
operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
Sec. 24a. From the appropriation in section 11, there is
allocated
an amount not to exceed $2,189,800.00 $1,301,000.00 for
2015-2016 and there is allocated an amount not to exceed
$1,328,100.00 for 2016-2017 for payments to intermediate districts
for pupils who are placed in juvenile justice service facilities
operated by the department of health and human services. Each
intermediate district shall receive an amount equal to the state
share of those costs that are clearly and directly attributable to
the educational programs for pupils placed in facilities described
in this section that are located within the intermediate district's
boundaries. The intermediate districts receiving payments under
this section shall cooperate with the department of health and
human services to ensure that all funding allocated under this
section is utilized by the intermediate district and department of
health and human services for educational programs for pupils
described in this section. Pupils described in this section are not
eligible to be funded under section 24. However, a program
responsibility or other fiscal responsibility associated with these
pupils shall not be transferred from the department of health and
human services to a district or intermediate district unless the
district or intermediate district consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,497,400.00 for 2015-2016
$1,632,400.00 for 2016-2017 for payments to districts for pupils
who are enrolled in a nationally administered community-based
education and youth mentoring program, known as the youth challenge
program, that is administered by the department of military and
veterans affairs. Both of the following apply to a district
receiving payments under this section:
(a) The district shall contract with the department of
military and veterans affairs to ensure that all funding allocated
under this section is utilized by the district and the department
of military and veterans affairs for the youth challenge program.
(b) The district may retain for its administrative expenses an
amount not to exceed 3% of the amount of the payment the district
receives under this section.
Sec. 25e. (1) The pupil membership transfer application and
pupil transfer process administered by the center under this
section shall be used for processing pupil transfers associated
with strict discipline academies.
(2) If a pupil counted in membership for the pupil membership
count day transfers from a district or intermediate district to
enroll
in another district or intermediate district a strict
discipline academy after the pupil membership count day and before
the supplemental count day and, due to the pupil's enrollment and
attendance status as of the pupil membership count day, the pupil
was
not counted in membership in the educating district or
intermediate
district, strict discipline
academy, the educating
district
or intermediate district strict
discipline academy may
report the enrollment and attendance information to the center
through the pupil transfer process within 30 days after the
transfer or within 30 days after the pupil membership count
certification date, whichever is later. Pupil transfers may be
submitted no earlier than the first day after the certification
deadline for the pupil membership count day and before the
supplemental count day. Upon receipt of the transfer information
under this subsection indicating that a pupil has enrolled and is
in
attendance in an educating district or intermediate district
strict discipline academy as described in this subsection, the
pupil transfer process shall do the following:
(a) Notify the district in which the pupil was previously
enrolled.
(b) Notify both the pupil auditing staff of the intermediate
district
in which the educating district strict
discipline academy
is located and the pupil auditing staff of the intermediate
district in which the district that previously enrolled the pupil
is located. The pupil auditing staff shall investigate a
representative sample based on required audit sample sizes in the
pupil auditing manual and may deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the
department for use in adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or
intermediate district in which the pupil was previously counted in
membership or that previously received an adjustment in its
membership calculation under this section due to a change in the
pupil's enrollment and attendance so that the district's or
intermediate district's membership is prorated to allow the
district or intermediate district to receive for each school day,
as determined by the financial calendar furnished by the center, in
which the pupil was enrolled and in attendance in the district or
intermediate district an amount equal to 1/105 of a full-time
equated membership claimed in the fall pupil membership count. The
district or intermediate district shall receive a prorated
foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the district or intermediate
district multiplied by the foundation allowance or per-pupil
payment as calculated under section 20 for the district or
intermediate district. The foundation allowance or per-pupil
payment shall be adjusted by the pupil's full-time equated status
as affected by the membership definition under section 6(4).
(b) Adjust the membership calculation for the educating
district
or intermediate district strict
discipline academy in
which the pupil is enrolled and is in attendance so that the
district's
or intermediate district's strict
discipline academy's
membership
is increased to allow the district or intermediate
district
strict discipline academy to receive an amount equal to
the difference between the full-time equated membership claimed in
the fall pupil membership count and the sum of the adjustments
calculated under subdivision (a) for each district or intermediate
district in which the pupil was previously enrolled and in
attendance.
The educating district or intermediate district strict
discipline academy shall receive a prorated foundation allowance in
an amount equal to the product of the adjustment under this
subdivision
for the educating district or intermediate district
strict
discipline academy multiplied by the foundation
allowance or
per-pupil payment as calculated under section 20 for the educating
district
or intermediate district. strict
discipline academy. The
foundation
allowance or per-pupil payment
shall be adjusted by the
pupil's full-time equated status as affected by the membership
definition under section 6(4).
(4) The changes in calculation of state school aid required
under subsection (3) shall take effect as of the date that the
pupil
becomes enrolled and in attendance in the educating district
or
intermediate district, strict
discipline academy, and the
department shall base all subsequent payments under this article
for the fiscal year to the affected districts or intermediate
districts on this recalculation of state school aid.
(5)
If a pupil enrolls in an educating district or
intermediate
district strict discipline
academy as described in
subsection (2), the district or intermediate district in which the
pupil
is counted in membership or another educating district or
intermediate
district strict discipline
academy that received an
adjustment in its membership calculation under subsection (3), if
any,
and the educating district or intermediate district strict
discipline academy shall provide to the center and the department
all information they require to comply with this section.
(6) The portion of the full-time equated pupil membership for
which a pupil is enrolled in 1 or more online courses under section
21f shall not be counted or transferred under the pupil transfer
process under this section.
(7)
The It is the intent of
the legislature that the center
shall
determine the number of pupils who
did not reside in this
state
as of the 2015-2016 2018-2019
pupil membership count day but
who newly enrolled in a district or intermediate district after
that
pupil membership count day and before the 2015-2016 2018-2019
supplemental
count day. The It is the
intent of the legislature
that
the center shall further
determine the number of pupils who
were
counted in membership for the 2015-2016 2018-2019 pupil
membership
count day but who left this state before the 2015-2016
2018-2019
supplemental count day. The In 2019-2020, the center
shall provide a report to the senate and house appropriations
subcommittees on state school aid, and to the senate and house
fiscal agencies, detailing the number of pupils transferring in
from another state or transferring out from this state between the
pupil membership count day and supplemental count day as described
in this subsection. The center shall include in the report a
discussion of benefits and obstacles to developing a pupil
enrollment process for pupils who newly enroll in a district or
intermediate district after the pupil membership count day and
before the supplemental count day, and developing a process for
deducting pupils who were counted on the pupil membership count day
and transfer out of this state before the supplemental count day.
(8) As used in this section:
(a)
"Educating district or intermediate district" strict
discipline
academy" means the district or
intermediate district
strict discipline academy in which a pupil enrolls after the pupil
membership count day or after an adjustment was made in another
district's or intermediate district's membership calculation under
this section due to the pupil's enrollment and attendance.
(b) "Pupil" means that term as defined under section 6 and
also children receiving early childhood special education programs
and services.
(c) "Strict discipline academy" means a strict discipline
academy operating under sections 1311b to 1311m of the revised
school code, MCL 380.1311b to 380.1311m.
Sec. 25f. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$1,000,000.00 for 2015-2016 $750,000.00
for 2016-2017 for
payments to strict discipline academies established under sections
1311b to 1311m of the revised school code, MCL 380.1311b to
380.1311m, as provided under this section.
(2) In order to receive funding under this section, a strict
discipline academy shall first comply with section 25e and use the
pupil transfer process under that section for changes in enrollment
as prescribed under that section.
(3) The total amount allocated to a strict discipline academy
under this section is an amount equal to the lesser of the strict
discipline academy's added cost or the department's approved per-
pupil allocation for the strict discipline academy. However, the
sum of the amounts received by a strict discipline academy under
this section and under section 24 shall not exceed the product of
the strict discipline academy's per-pupil allocation calculated
under section 20 multiplied by the strict discipline academy's
full-time equated membership. The department shall allocate funds
to strict discipline academies under this section on a monthly
basis. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils enrolled and in regular daily attendance
at a strict discipline academy. Added cost shall be computed by
deducting all other revenue received under this article for pupils
described in this subsection from total costs, as approved by the
department, in whole or in part, for educating those pupils in a
strict discipline academy. The department shall include all costs
including, but not limited to, educational costs, insurance,
management fees, technology costs, legal fees, auditing fees,
interest, pupil accounting costs, and any other administrative
costs necessary to operate the program or to comply with statutory
requirements. Costs reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation" for a strict
discipline academy shall be determined by dividing the total amount
allocated under this subsection for a fiscal year by the full-time
equated membership total for all pupils approved by the department
to be funded under this subsection for that fiscal year for the
strict discipline academy.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
(5) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (3), payments under
this section shall be prorated on an equal per-pupil basis.
(6) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec. 25g. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$1,000,000.00 for 2015-2016 $750,000.00
for 2016-2017 for
the purposes of this section. If the operation of the special
membership counting provisions under section 6(4)(dd) and the other
membership counting provisions under section 6(4) result in a pupil
being counted as more than 1.0 FTE in a fiscal year, then the
payment made for the pupil under sections 22a and 22b shall not be
based on more than 1.0 FTE for that pupil, and that portion of the
FTE that exceeds 1.0 shall be paid under this section in an amount
equal to that portion multiplied by the educating district's
foundation allowance or per-pupil payment calculated under section
20.
(2) Special education pupils funded under section 53a shall
not be funded under this section.
(3) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (1), payments under
this section shall be prorated on an equal per-pupil basis.
(4) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec. 26a. From the funds appropriated in section 11, there is
allocated
an amount not to exceed $26,300,000.00 $20,000,000.00 for
2015-2016 and there is allocated an amount not to exceed
$20,000,000.00 for 2016-2017 to reimburse districts and
intermediate districts pursuant to section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied
in
2015. 2016. The allocations shall be made not later than 60 days
after the department of treasury certifies to the department and to
the state budget director that the department of treasury has
received all necessary information to properly determine the
amounts due to each eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$4,276,800.00
$4,405,100.00 for payments to districts, intermediate
districts, and community college districts for the portion of the
payment in lieu of taxes obligation that is attributable to
districts, intermediate districts, and community college districts
pursuant to section 2154 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible districts,
intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $610,000.00 $278,000.00 for 2015-
2016 and there is allocated an amount not to exceed $1,000,000.00
for 2016-2017 to the promise zone fund created in subsection (3).
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts that have a promise zone development plan
approved by the department of treasury under section 7 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes
of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679. All of the following apply to the promise
zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise
zone fund interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year shall remain in the promise zone fund and shall not lapse to
the general fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and
intermediate districts pursuant to the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that
act.
Sec. 31a. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2015-2016 2016-
2017 an amount not to exceed $389,695,500.00 for payments to
eligible districts, eligible public school academies, and the
education achievement system for the purposes of ensuring that
pupils are proficient in reading by the end of grade 3 and that
high school graduates are career and college ready and for the
purposes under subsections (7) and (8).
(2) For a district or public school academy, or the education
achievement system, to be eligible to receive funding under this
section, other than funding under subsection (7) or (8), the sum of
the district's or public school academy's or the education
achievement system's combined state and local revenue per
membership pupil in the current state fiscal year, as calculated
under section 20, must be less than or equal to the basic
foundation allowance under section 20 for the current state fiscal
year.
(3) For a district or public school academy that operates
grades K to 3, or the education achievement system, to be eligible
to receive funding under this section, other than funding under
subsection (7) or (8), the district or public school academy, or
the education achievement system, must implement, for at least
grades K to 3, a multi-tiered system of supports that is an
evidence-based model that uses data-driven problem solving to
integrate academic and behavioral instruction and that uses
intervention delivered to all pupils in varying intensities based
on pupil needs. This multi-tiered system of supports must provide
at least all of the following essential elements:
(a) Implements effective instruction for all learners.
(b) Intervenes early.
(c) Provides a multi-tiered model of instruction and
intervention that provides the following:
(i) A core curriculum and classroom interventions available to
all pupils that meet the needs of most pupils.
(ii) Targeted group interventions.
(iii) Intense individual interventions.
(d) Monitors pupil progress to inform instruction.
(e) Uses data to make instructional decisions.
(f) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(g) Engages families and the community.
(h) Implements evidence-based, scientifically validated,
instruction and intervention.
(i) Implements instruction and intervention practices with
fidelity.
(j) Uses a collaborative problem-solving model.
(4) Except as otherwise provided in this subsection, an
eligible district or eligible public school academy or the
education achievement system shall receive under this section for
each membership pupil in the district or public school academy or
the education achievement system who met the income eligibility
criteria for free breakfast, lunch, or milk, as determined under
the Richard B. Russell national school lunch act, 42 USC 1751 to
1769, and as reported to the department in the form and manner
prescribed by the department not later than the fifth Wednesday
after the pupil membership count day of the immediately preceding
fiscal year and adjusted not later than December 31 of the
immediately preceding fiscal year, an amount per pupil equal to
11.5% of the sum of the district's foundation allowance or the
public school academy's or the education achievement system's per
pupil amount calculated under section 20 plus the amount of the
district's per-pupil allocation under section 20m, not to exceed
the basic foundation allowance under section 20 for the current
state fiscal year, or of the public school academy's or the
education achievement system's per membership pupil amount
calculated under section 20 for the current state fiscal year.
However, a public school academy that began operations as a public
school
academy, or an achievement school that began operations as
an achievement school, or a community district that first enrolls
pupils, after the pupil membership count day of the immediately
preceding school year shall receive under this section for each
membership
pupil in the public school academy, or in the education
achievement system, or in the community district who met the income
eligibility criteria for free breakfast, lunch, or milk, as
determined under the Richard B. Russell national school lunch act
and as reported to the department not later than the fifth
Wednesday after the pupil membership count day of the current
fiscal year and adjusted not later than December 31 of the current
fiscal year, an amount per pupil equal to 11.5% of the public
school
academy's, or the education achievement system's, or the
community district's per membership pupil amount calculated under
section 20 for the current state fiscal year.
(5) Except as otherwise provided in this section, a district
or public school academy, or the education achievement system,
receiving funding under this section shall use that money only to
provide instructional programs and direct noninstructional
services, including, but not limited to, medical, mental health, or
counseling services, for at-risk pupils; for school health clinics;
and for the purposes of subsection (6), (7), (8), or (11). In
addition, a district that is a school district of the first class
or a district or public school academy in which at least 50% of the
pupils in membership met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal
year, as determined and reported as described in subsection (4), or
the education achievement system if it meets this requirement, may
use not more than 20% of the funds it receives under this section
for school security. A district, the public school academy, or the
education achievement system shall not use any of that money for
administrative costs. The instruction or direct noninstructional
services provided under this section may be conducted before or
after regular school hours or by adding extra school days to the
school year.
(6) A district or public school academy that receives funds
under this section and that operates a school breakfast program
under section 1272a of the revised school code, MCL 380.1272a, or
the education achievement system if it operates a school breakfast
program, shall use from the funds received under this section an
amount, not to exceed $10.00 per pupil for whom the district or
public school academy or the education achievement system receives
funds under this section, necessary to pay for costs associated
with the operation of the school breakfast program.
(7) From the funds allocated under subsection (1), there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$3,557,300.00
$5,557,300.00 to support child and adolescent health
centers. These grants shall be awarded for 5 consecutive years
beginning with 2003-2004 in a form and manner approved jointly by
the department and the department of health and human services.
Each grant recipient shall remain in compliance with the terms of
the grant award or shall forfeit the grant award for the duration
of the 5-year period after the noncompliance. To continue to
receive funding for a child and adolescent health center under this
section a grant recipient shall ensure that the child and
adolescent health center has an advisory committee and that at
least one-third of the members of the advisory committee are
parents or legal guardians of school-aged children. A child and
adolescent health center program shall recognize the role of a
child's parents or legal guardian in the physical and emotional
well-being of the child. Funding under this subsection shall be
used to support child and adolescent health center services
provided to children up to age 21. If any funds allocated under
this subsection are not used for the purposes of this subsection
for the fiscal year in which they are allocated, those unused funds
shall be used that fiscal year to avoid or minimize any proration
that would otherwise be required under subsection (12) for that
fiscal
year. In addition to the funds otherwise allocated under
this
subsection, from the money allocated in subsection (1), there
is
allocated an amount not to exceed $2,000,000.00 for 2015-2016
only
for child and adolescent health centers to increase access to
nurses
and behavioral health services in schools, using 3 existing
school
clinics as hubs for services and using mobile teams to serve
satellite
school sites.
(8) From the funds allocated under subsection (1), there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$5,150,000.00 for the state portion of the hearing and vision
screenings as described in section 9301 of the public health code,
1978 PA 368, MCL 333.9301. A local public health department shall
pay at least 50% of the total cost of the screenings. The frequency
of the screenings shall be as required under R 325.13091 to R
325.13096 and R 325.3271 to R 325.3276 of the Michigan
administrative code. Funds shall be awarded in a form and manner
approved jointly by the department and the department of health and
human services. Notwithstanding section 17b, payments to eligible
entities under this subsection shall be paid on a schedule
determined by the department.
(9) Each district or public school academy receiving funds
under this section and the education achievement system shall
submit to the department by July 15 of each fiscal year a report,
not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under
this section, which report shall include a brief description of
each program conducted or services performed by the district or
public school academy or the education achievement system using
funds under this section, the amount of funds under this section
allocated to each of those programs or services, the total number
of at-risk pupils served by each of those programs or services, and
the data necessary for the department and the department of health
and human services to verify matching funds for the temporary
assistance for needy families program. If a district or public
school academy or the education achievement system does not comply
with this subsection, the department shall withhold an amount equal
to the August payment due under this section until the district or
public school academy or the education achievement system complies
with this subsection. If the district or public school academy or
the education achievement system does not comply with this
subsection by the end of the state fiscal year, the withheld funds
shall be forfeited to the school aid fund.
(10) In order to receive funds under this section, a district
or public school academy or the education achievement system shall
allow access for the department or the department's designee to
audit all records related to the program for which it receives
those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances
found in the audit.
(11) Subject to subsections (6), (7), and (8), a district may
use up to 100% of the funds it receives under this section to
implement schoolwide reform in schools with 40% or more of their
pupils
identified as at-risk pupils by providing supplemental
instructional or noninstructional services consistent with the
school improvement plan.
(12) If necessary, and before any proration required under
section 296, the department shall prorate payments under this
section by reducing the amount of the per pupil payment under this
section by a dollar amount calculated by determining the amount by
which the amount necessary to fully fund the requirements of this
section exceeds the maximum amount allocated under this section and
then dividing that amount by the total statewide number of pupils
who met the income eligibility criteria for free breakfast, lunch,
or milk in the immediately preceding fiscal year, as described in
subsection (4).
(13) If a district is formed by consolidation after June 1,
1995, and if 1 or more of the original districts were not eligible
before the consolidation for an additional allowance under this
section, the amount of the additional allowance under this section
for the consolidated district shall be based on the number of
pupils described in subsection (1) enrolled in the consolidated
district who reside in the territory of an original district that
was eligible before the consolidation for an additional allowance
under this section. In addition, if a district is dissolved
pursuant to section 12 of the revised school code, MCL 380.12, the
intermediate district to which the dissolved school district was
constituent shall determine the estimated number of pupils that
meet the income eligibility criteria for free breakfast, lunch, or
milk, as described under subsection (4), enrolled in each of the
other districts within the intermediate district and provide that
estimate to the department for the purposes of distributing funds
under this section within 60 days after the school district is
declared dissolved.
(14) As used in this section, "at-risk pupil" means a pupil
for whom the district has documentation that the pupil meets any of
the following criteria:
(a) Is a victim of child abuse or neglect.
(b) Is a pregnant teenager or teenage parent.
(c) Has a family history of school failure, incarceration, or
substance abuse.
(d) For pupils for whom the results of the state summative
assessment have been received, is a pupil who did not achieve
proficiency on the English language arts, mathematics, science, or
social studies content area assessment.
(e) Is a pupil who is at risk of not meeting the district's
core academic curricular objectives in English language arts or
mathematics, as demonstrated on local assessments.
(f) The pupil is enrolled in a priority or priority-successor
school, as defined in the elementary and secondary education act of
2001 flexibility waiver approved by the United States Department of
Education.
(g) In the absence of state or local assessment data, the
pupil meets at least 2 of the following criteria, as documented in
a form and manner approved by the department:
(i) The pupil is eligible for free or reduced price breakfast,
lunch, or milk.
(ii) The pupil is absent more than 10% of enrolled days or 10
school days during the school year.
(iii) The pupil is homeless.
(iv) The pupil is a migrant.
(v) The pupil is an English language learner.
(vi) The pupil is an immigrant who has immigrated within the
immediately preceding 3 years.
(vii) The pupil did not complete high school in 4 years and is
still continuing in school as identified in the Michigan cohort
graduation and dropout report.
(15) Beginning in 2018-2019, if a district, public school
academy, or the education achievement system does not demonstrate
to the satisfaction of the department that at least 50% of at-risk
pupils
are reading at grade level proficient
in English language
arts by the end of grade 3 as measured by the state assessment for
the immediately preceding school year and demonstrate to the
satisfaction of the department improvement over each of the 3
immediately preceding school years in the percentage of at-risk
pupils that are career- and college-ready as determined by
proficiency on the English language arts, mathematics, and science
content area assessments on the grade 11 summative assessment under
section 1279g(2)(a) of the revised school code, MCL 380.1279g, the
district, public school academy, or education achievement system
shall ensure all of the following:
(a) The district, public school academy, or the education
achievement system shall determine the proportion of total at-risk
pupils that represents the number of pupils in grade 3 that are not
reading
at grade level proficient in
English language arts by the
end of grade 3, and the district, public school academy, or the
education achievement system shall expend that same proportion
multiplied by 1/2 of its total at-risk funds under this section on
tutoring
and other methods of improving grade 3 reading levels.
English language arts proficiency.
(b) The district, public school academy, or the education
achievement system shall determine the proportion of total at-risk
pupils that represent the number of pupils in grade 11 that are not
career- and college-ready as measured by the student's score on the
English language arts, mathematics, and science content area
assessments on the grade 11 summative assessment under section
1279g(2)(a) of the revised school code, MCL 380.1279g, and the
district, public school academy, or the education achievement
system shall expend that same proportion multiplied by 1/2 of its
total at-risk funds under this section on tutoring and other
activities to improve scores on the college entrance examination
portion of the Michigan merit examination.
(16) As used in subsection (15), "total at-risk pupils" means
the
sum of the number of pupils in grade 3 that are not reading at
grade
level proficient in English
language arts by the end of third
grade as measured on the state assessment and the number of pupils
in grade 11 that are not career- and college-ready as measured by
the student's score on the English language arts, mathematics, and
science content area assessments on the grade 11 summative
assessment under section 1279g(2)(a) of the revised school code,
MCL 380.1279g.
(17) A district or public school academy that receives funds
under this section or the education achievement system may use
funds received under this section to provide an anti-bullying or
crisis intervention program.
(18) The department shall collaborate with the department of
health and human services to prioritize assigning Pathways to
Potential Success coaches to elementary schools that have a high
percentage of pupils in grades K to 3 who are not reading at grade
level.
Sec. 31b. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $1,500,000.00 for 2016-2017 for
grants to at-risk districts for implementing a year-round
instructional program for at least 1 of its schools.
(2) The department shall select districts for grants under
this section from among applicant districts that meet both of the
following:
(a) The district meets 1 or both of the following:
(i) Is eligible in 2016-2017 for the community eligibility
option for free and reduced price lunch under 42 USC 1759a.
(ii) At least 50% of the pupils in membership in the district
met the income eligibility criteria for free breakfast, lunch, or
milk in the immediately preceding state fiscal year, as determined
under the Richard B. Russell national school lunch act, 42 USC 1751
to 1769i.
(b) The board of the district has adopted a resolution stating
that the district will implement for the first time a year-round
instructional calendar that will begin in 2017-2018 for at least 1
school operated by the district and committing to providing the
year-round instructional calendar in each of those schools for at
least 3 school years.
(3) A district seeking a grant under this section shall apply
to the department in the form and manner prescribed by the
department not later than December 1, 2016. The department shall
select districts for grants and make notification not later than
February 1, 2017.
(4) The department shall award grants under this section on a
competitive basis, but shall give priority based solely on
consideration of the following criteria:
(a) Giving priority to districts that, as of June 30, 2016,
had lower general fund balances as a percentage of revenues.
(b) Giving priority to districts that operate at least 1
school that has been identified by the department as either a
priority school or a focus school.
(c) Ensuring that grant funding includes both rural and urban
districts.
(5) The amount of a grant under this section to any 1 district
shall not exceed $750,000.00.
(6) A grant payment under this section to a district shall be
used for necessary modifications to instructional facilities and
other nonrecurring costs of preparing for the operation of a year-
round instructional program as approved by the department.
(7) A district receiving a grant under this section is not
required to provide more than the minimum number of days and hours
of pupil instruction prescribed under section 101, but shall spread
at least those minimum amounts of pupil instruction over the entire
year in each of its schools in which a year-round instructional
calendar is implemented. The district shall commit to providing the
year-round instructional calendar in each of those schools for at
least 3 school years.
(8) For a district receiving a grant under this section,
excessive heat is considered to be a condition not within the
control of school authorities for the purpose of days or hours
being counted as days or hours of pupil instruction under section
101(4).
(9) Notwithstanding section 17b, grant payments to districts
under this section shall be paid on a schedule determined by the
department.
Sec. 31c. (1) from the funds appropriated in section 11, there
is
allocated an amount not to exceed $1,000,000.00 for 2015-2016
$3,000,000.00 for 2016-2017 for programs intended to improve public
safety, reduce the number of youth involved in gang-related
activity, and increase high school graduation rates.
(2) The department shall award grants to districts that form
partnerships with nonprofit organizations, law enforcement, and
other community resources to provide programs that divert young
adults from gang-related criminal activity.
(3) Grants awarded under this section may include, but are not
limited to, grants for any of the following activities:
(a) Employment training and placement programs.
(b) Counseling services.
(c) Assistance to program participants in accessing community
resources for continuing education, court advocacy, and health
care.
(d) Outreach programs to educate participants and their
families.
(4) Each grant recipient under this section shall partner with
a university to collect data necessary to evaluate the
effectiveness of programs in reducing violent crime and gang-
related activity in the community and provide a report on this
evaluation to the senate and house appropriations subcommittees on
school aid not later than December 1, 2017.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 for 2015-2016
2016-2017 for the purpose of making payments to districts and other
eligible entities under this section.
(2) The amounts allocated from state sources under this
section shall be used to pay the amount necessary to reimburse
districts for 6.0127% of the necessary costs of the state mandated
portion of the school lunch programs provided by those districts.
The amount due to each district under this section shall be
computed by the department using the methods of calculation adopted
by the Michigan supreme court in the consolidated cases known as
Durant v State of Michigan, Michigan supreme court docket no.
104458-104492.
(3) The payments made under this section include all state
payments made to districts so that each district receives at least
6.0127% of the necessary costs of operating the state mandated
portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and
other eligible entities that are not required under section 1272a
of the revised school code, MCL 380.1272a, to provide a school
lunch program shall be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for
each reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there
is
allocated for 2015-2016 2016-2017
all available federal funding,
estimated at $510,000,000.00 for the national school lunch program
and all available federal funding, estimated at $3,200,000.00 for
the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities
other than districts under this section shall be paid on a schedule
determined by the department.
(7) In purchasing food for a school lunch program funded under
this section, preference shall be given to food that is grown or
produced by Michigan businesses if it is competitively priced and
of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $5,625,000.00 $2,500,000.00 for
2015-2016 and there is allocated an amount not to exceed
$2,500,000.00 for 2016-2017 for the purpose of making payments to
districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under this section for school
breakfast programs shall be made available to all eligible
applicant districts that meet all of the following criteria:
(a) The district participates in the federal school breakfast
program and meets all standards as prescribed by 7 CFR parts 220
and 245.
(b) Each breakfast eligible for payment meets the federal
standards described in subdivision (a).
(3) The payment for a district under this section is at a per
meal rate equal to the lesser of the district's actual cost or 100%
of the statewide average cost of a breakfast served, as determined
and approved by the department, less federal reimbursement,
participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as
reported in a manner approved by the department for the preceding
school year.
(4) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded
under this section, preference shall be given to food that is grown
or produced by Michigan businesses if it is competitively priced
and of comparable quality.
Sec. 31h. From the funds appropriated in section 11, there is
allocated
an amount not to exceed $300,000.00 for 2015-2016 2016-
2017 for the purpose of providing funding to a district that
educates high school pupils from another district that voluntarily
closed its high school program in 2013. The funding under this
section
is intended to be for the first second of 2 years, unless
it is determined that the federal elementary and secondary
education act allows federal title I funds that previously
supported the high school pupils in their resident district to
instead be provided to the educating district. Funding under this
section shall be used to support the additional costs of educating
high school pupils in a manner that is similar to the way title I
funds provided additional support to the education of those pupils
when they were educated in their resident district high school
program before its closure in 2013.
Sec. 31j. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed $250,000.00
for 2016-2017 for a pilot project to support districts in the
purchase of locally grown fruits and vegetables as described in
this section.
(2) The department shall provide funding to prosperity regions
2 and 4 for the pilot project described under this section. From
the funding identified in subsection (1), funding retained by the
prosperity regions for administration of the project shall not
exceed 10%, and funding retained by the department for
administration shall not exceed 6%.
(3) The department shall develop and implement a competitive
grant program for districts within the identified prosperity
regions to assist in paying for the costs incurred by the district
to purchase or increase purchases of whole or minimally processed
fruits, vegetables, and legumes grown in this state. The maximum
amount that may be drawn down on a grant to a district shall be
based on the number of meals served by the school district during
the previous school year under the Richard B. Russell national
school lunch act, 42 USC 1751 to 1769. The department shall
collaborate with the Michigan department of agriculture and rural
development to provide training to newly participating schools and
electronic information on Michigan agriculture.
(4) The goals of the pilot project include improving daily
nutrition and eating habits for children through the school
settings while investing in Michigan's agricultural and related
food business economy.
(5) A district that receives a grant under this section shall
use those funds for the costs incurred by the school district to
purchase whole or minimally processed fruits, vegetables, and
legumes that meet all of the following:
(a) Are purchased on or after the date the district received
notification from the department of the amount to be distributed to
the district under this subsection, including purchases made to
launch meals in September 2016 for the 2016-2017 school year.
(b) Are grown in this state and, if MINIMALLY processed, are
also processed in this state.
(c) Are used for meals that are served as part of the United
States Department of Agriculture's child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and legumes that
satisfy the requirements of subsection (5), matching reimbursements
shall be made in an amount not to exceed 10 cents for every school
meal that is served as part of the United States Department of
Agriculture's child nutrition programs and that uses Michigan-grown
fruits, vegetables, and legumes.
(7) A district that receives a grant for reimbursement under
this section shall use the grant to purchase whole or minimally
processed fruits, vegetables, and legumes that are grown in this
state and, if minimally processed, are also processed in this
state.
(8) In awarding grants under this section, the department
shall work in conjunction with prosperity region offices, in
consultation with Michigan-based farm to school resource
organizations, to develop scoring criteria that assess an
applicant's ability to procure Michigan-grown products, prepare and
menu Michigan-grown products, promote and market Michigan-grown
products, and submit letters of intent from districts on plans for
educational activities that promote the goals of the program.
(9) The department shall give preference to districts that
propose educational activities that meet 1 or more of the
following: promote healthy food activities; have clear educational
objectives; involve parents or the community; and connect to a
school's farm-to-school procurement activities.
(10) In awarding grants, the department shall also consider
all of the following: the percentage of children who qualify for
free or reduced price school meals under the Richard B. Russell
national school lunch act, 42 USC 1751 to 1769; the variety of
school sizes and geographic locations within the identified
prosperity regions; and existing or future collaboration
opportunities between more than 1 district in a prosperity region.
(11) As a condition of receiving a grant under this section, a
district shall provide or direct its vendors to provide to
prosperity region offices copies of monthly receipts that show the
quantity of different Michigan-grown fruits, vegetables, and
legumes purchased, the amount of money spent on each of these
products, and the name and Michigan location of the farm that grew
the products. The district shall also provide to the prosperity
region monthly lunch numbers and lunch participation rates, and
calendars or monthly menus noting when and how Michigan-grown
products were used in meals. The district and school food service
director or directors also shall agree to respond to brief online
surveys and to provide a report that shows the percentage
relationship of Michigan spending compared to total food spending.
Not later than March 1, 2017, each prosperity region office shall
submit a report to the department on expected outcomes and related
measurements for economic development and children's nutrition and
readiness to learn based on progress so far. The report shall
include at least all of the following:
(a) The extent to which farmers and related businesses,
including distributors and processors, see an increase in market
opportunities and income generation through sales of Michigan or
local products to districts. All of the following apply for
purposes of this subdivision:
(i) The data used to determine the amount of this increase
shall be the total dollar amount of Michigan or local fruits,
vegetables, and legumes purchased by schools, along with the number
of different types of products purchased; school food purchasing
trends identified along with products that are of new and growing
interest among food service directors; the number of businesses
impacted; and the percentage of total food budget spent on
Michigan-grown fruits, vegetables, and legumes.
(ii) The prosperity region office shall use purchasing data
collected for the project and surveys of school food service
directors on the impact and success of the project as the source
for the data described in subparagraph (i).
(b) The ability to which pupils can access a variety of
healthy Michigan-grown foods through schools and increase their
consumption of those foods. All of the following apply for purposes
of this subdivision:
(i) The data used to determine whether this subparagraph is
met shall be the number of pupils exposed to Michigan-grown fruits,
vegetables, and legumes at schools; the variety of products served;
new items taste-tested or placed on menus; and the increase in
pupil willingness to try new local, healthy foods.
(ii) The prosperity region office shall use purchasing data
collected for the project, meal count and enrollment numbers,
school menu calendars, and surveys of school food service directors
as the source for the data described in subparagraph (i).
(12) The department shall compile the reports provided by
prosperity region offices under subsection (11) into 1 legislative
report. The department shall provide this report not later than
April 1, 2017 to the house and senate subcommittees responsible for
school aid, the house and senate fiscal agencies, and the state
budget director.
Sec. 32d. (1) From the funds appropriated in section 11, there
is allocated to eligible intermediate districts and consortia of
intermediate districts for great start readiness programs an amount
not
to exceed $243,600,000.00 for 2015-2016. 2016-2017. Funds
allocated under this section for great start readiness programs
shall be used to provide part-day, school-day, or GSRP/head start
blended comprehensive free compensatory classroom programs designed
to improve the readiness and subsequent achievement of
educationally disadvantaged children who meet the participant
eligibility and prioritization guidelines as defined by the
department. For a child to be eligible to participate in a program
under this section, the child shall be at least 4, but less than 5,
years
of age as of the date specified for determining a child's
eligibility
to attend school under section 1147 of the revised
school
code, MCL 380.1147.September
1 of the school year in which
the program is offered and shall meet those eligibility and
prioritization guidelines.
(2) Funds allocated under subsection (1) shall be allocated to
intermediate districts or consortia of intermediate districts based
on the formula in section 39. An intermediate district or
consortium of intermediate districts receiving funding under this
section shall act as the fiduciary for the great start readiness
programs. In order to be eligible to receive funds allocated under
this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a
public or private for-profit or nonprofit legal entity or agency
shall comply with this section and section 39.
(3) In addition to the allocation under subsection (1), from
the general fund money appropriated under section 11, there is
allocated
an amount not to exceed $300,000.00 for 2015-2016 2016-
2017 for a competitive grant to continue a longitudinal evaluation
of children who have participated in great start readiness
programs.
(4) To be eligible for funding under this section, a program
shall prepare children for success in school through comprehensive
part-day, school-day, or GSRP/head start blended programs that
contain all of the following program components, as determined by
the department:
(a) Participation in a collaborative recruitment and
enrollment process to assure that each child is enrolled in the
program most appropriate to his or her needs and to maximize the
use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in
compliance with the early childhood standards of quality for
prekindergarten children adopted by the state board.
(c) Nutritional services for all program participants
supported by federal, state, and local resources as applicable.
(d) Physical and dental health and developmental screening
services for all program participants.
(e) Referral services for families of program participants to
community social service agencies, including mental health
services, as appropriate.
(f) Active and continuous involvement of the parents or
guardians of the program participants.
(g) A plan to conduct and report annual great start readiness
program evaluations and continuous improvement plans using criteria
approved by the department.
(h) Participation in a school readiness advisory committee
convened as a workgroup of the great start collaborative that
provides for the involvement of classroom teachers, parents or
guardians of program participants, and community, volunteer, and
social service agencies and organizations, as appropriate. The
advisory committee annually shall review and make recommendations
regarding the program components listed in this subsection. The
advisory committee also shall make recommendations to the great
start collaborative regarding other community services designed to
improve all children's school readiness.
(i) The ongoing articulation of the kindergarten and first
grade programs offered by the program provider.
(j) Participation in this state's great start to quality
process with a rating of at least 3 stars.
(5) An application for funding under this section shall
provide for the following, in a form and manner determined by the
department:
(a) Ensure compliance with all program components described in
subsection (4).
(b) Except as otherwise provided in this subdivision, ensure
that at least 90% of the children participating in an eligible
great start readiness program for whom the intermediate district is
receiving funds under this section are children who live with
families with a household income that is equal to or less than 250%
of the federal poverty level. If the intermediate district
determines that all eligible children are being served and that
there are no children on the waiting list under section 39(1)(d)
who live with families with a household income that is equal to or
less than 250% of the federal poverty level, the intermediate
district may then enroll children who live with families with a
household income that is equal to or less than 300% of the federal
poverty level. The enrollment process shall consider income and
risk factors, such that children determined with higher need are
enrolled before children with lesser need. For purposes of this
subdivision, all age-eligible children served in foster care or who
are experiencing homelessness or who have individualized education
plans recommending placement in an inclusive preschool setting
shall be considered to live with families with household income
equal to or less than 250% of the federal poverty level regardless
of actual family income and shall be prioritized for enrollment
within the lowest quintile.
(c) Ensure that the applicant only uses qualified personnel
for this program, as follows:
(i) Teachers possessing proper training. A lead teacher must
have a valid teaching certificate with an early childhood (ZA or
ZS) endorsement or a bachelor's or higher degree in child
development
or early child development childhood
education with
specialization in preschool teaching. However, if an applicant
demonstrates to the department that it is unable to fully comply
with this subparagraph after making reasonable efforts to comply,
teachers who have significant but incomplete training in early
childhood education or child development may be used if the
applicant provides to the department, and the department approves,
a plan for each teacher to come into compliance with the standards
in this subparagraph. A teacher's compliance plan must be completed
within 2 years of the date of employment. Progress toward
completion of the compliance plan shall consist of at least 2
courses per calendar year.
(ii) Paraprofessionals possessing proper training in early
childhood
development, education, including an associate's degree
in early childhood education or child development or the
equivalent, or a child development associate (CDA) credential.
However, if an applicant demonstrates to the department that it is
unable to fully comply with this subparagraph after making
reasonable efforts to comply, the applicant may use
paraprofessionals who have completed at least 1 course that earns
college credit in early childhood education or child development if
the applicant provides to the department, and the department
approves, a plan for each paraprofessional to come into compliance
with the standards in this subparagraph. A paraprofessional's
compliance plan must be completed within 2 years of the date of
employment. Progress toward completion of the compliance plan shall
consist of at least 2 courses or 60 clock hours of training per
calendar year.
(d) Include a program budget that contains only those costs
that are not reimbursed or reimbursable by federal funding, that
are clearly and directly attributable to the great start readiness
program, and that would not be incurred if the program were not
being offered. Eligible costs include transportation costs. The
program budget shall indicate the extent to which these funds will
supplement other federal, state, local, or private funds. Funds
received under this section shall not be used to supplant any
federal funds received by the applicant to serve children eligible
for a federally funded preschool program that has the capacity to
serve those children.
(6) For a grant recipient that enrolls pupils in a school-day
program funded under this section, each child enrolled in the
school-day
program shall be counted as 2 children served by the
program
described in section 39 for purposes of determining the
number
of children to be served and for determining the amount of
the
grant award. A grant award shall not be increased solely on the
basis
of providing a school-day program.
(7) For a grant recipient that enrolls pupils in a GSRP/head
start blended program, the grant recipient shall ensure that all
head start and GSRP policies and regulations are applied to the
blended slots, with adherence to the highest standard from either
program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall designate an
early childhood coordinator, and may provide services directly or
may contract with 1 or more districts or public or private for-
profit or nonprofit providers that meet all requirements of
subsection
(4).subsections (4) and (5).
(9)
Funds received under this section may be retained for
administrative
services as follows:
(a)
For the portion of the total grant amount for which
services
are provided directly by an intermediate district or
consortium
of intermediate districts, the intermediate district or
consortium
of intermediate districts may retain an amount equal to
not
more than 7% of that portion of the grant amount.
(b)
For the portion of the total grant amount for which
services
are contracted, the intermediate district or consortium of
intermediate
districts receiving the grant may retain an amount
equal
to not more than 4% of that portion of the grant amount and
the
subrecipients engaged by the intermediate district to provide
program
services may retain for administrative services an amount
equal
to not more than 4% of that portion of the grant amount.
(9) An intermediate district or consortium of intermediate
districts may retain for administrative services provided by the
intermediate district or consortium of intermediate districts an
amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program
shall be considered program costs or a contracted program fee for
service.
(10) An intermediate district or consortium of intermediate
districts may expend not more than 2% of the total grant amount for
outreach, recruiting, and public awareness of the program.
(11) Each grant recipient shall enroll children identified
under subsection (5)(b) according to how far the child's household
income is below 250% of the federal poverty level by ranking each
applicant child's household income from lowest to highest and
dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty
level, and then enrolling children in the quintile with the lowest
household income before enrolling children in the quintile with the
next lowest household income until slots are completely filled. If
the grant recipient determines that all eligible children are being
served and that there are no children on the waiting list under
section 39(1)(d) who live with families with a household income
that is equal to or less than 250% of the federal poverty level,
the grant recipient may then enroll children who live with families
with a household income that is equal to or less than 300% of the
federal poverty level. The enrollment process shall consider income
and risk factors, such that children determined with higher need
are enrolled before children with lesser need. For purposes of this
subdivision, all age-eligible children served in foster care or who
are experiencing homelessness or who have individualized education
plans recommending placement in an inclusive preschool setting
shall be considered to live with families with household income
equal to or less than 250% of the federal poverty level regardless
of actual family income and shall be prioritized for enrollment
within the lowest quintile.
(12) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall allow parents
of eligible children who are residents of the intermediate district
or within the consortium to choose a program operated by or
contracted with another intermediate district or consortium of
intermediate
districts and shall pay to the educating intermediate
district
or consortium the per-child amount attributable to each
child
enrolled pursuant to this sentence, as determined under
section
39.enter into a written
agreement regarding payment, in a
manner prescribed the department.
(13) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall conduct a
local process to contract with interested and eligible public and
private for-profit and nonprofit community-based providers that
meet all requirements of subsection (4) for at least 30% of its
total slot allocation. For the purposes of this 30% allocation, an
intermediate district or consortium of intermediate districts may
count children served by a head start grantee or delegate in a
blended head start and great start readiness school-day program.
Children served in a program funded only through head start shall
not be counted toward this 30% allocation. The intermediate
district or consortium shall report to the department, in a manner
prescribed by the department, a detailed list of community-based
providers by provider type, including private for-profit, private
nonprofit, community college or university, head start grantee or
delegate, and district or intermediate district, and the number and
proportion of its total slot allocation allocated to each provider
as subrecipient. If the intermediate district or consortium is not
able to contract for at least 30% of its total slot allocation, the
grant recipient shall notify the department and, if the department
verifies that the intermediate district or consortium attempted to
contract for at least 30% of its total slot allocation and was not
able to do so, then the intermediate district or consortium may
retain and use all of its allocated slots as provided under this
section. To be able to use this exemption, the intermediate
district or consortium shall demonstrate to the department that the
intermediate district or consortium increased the percentage of its
total slot allocation for which it contracts with a community-based
provider and the intermediate district or consortium shall submit
evidence satisfactory to the department, and the department must be
able to verify this evidence, demonstrating that the intermediate
district or consortium took measures to contract for at least 30%
of its total slot allocation as required under this subsection,
including, but not limited to, at least all of the following
measures:
(a) The intermediate district or consortium notified each
nonparticipating licensed child care center located in the service
area
of the intermediate district or consortium at least twice
regarding the center's eligibility to participate, in a manner
prescribed
by the department. One of these
notifications may be
made
electronically, but at least 1 of these notifications shall be
made
via hard copy through the United States mail. At least 1 of
these
notifications shall be made within 7 days after the
intermediate
district or consortium receives notice from the
department
of its slot allocations.
(b) The intermediate district or consortium provided to each
nonparticipating licensed child care center located in the service
area of the intermediate district or consortium information
regarding great start readiness program requirements and a
description of the application and selection process for community-
based providers.
(c) The intermediate district or consortium provided to the
public and to participating families a list of community-based
great start readiness program subrecipients with a great start to
quality rating of at least 3 stars.
(14) If an intermediate district or consortium of intermediate
districts receiving a grant under this section fails to submit
satisfactory evidence to demonstrate its effort to contract for at
least 30% of its total slot allocation, as required under
subsection (1), the department shall reduce the slots allocated to
the intermediate district or consortium by a percentage equal to
the difference between the percentage of an intermediate district's
or consortium's total slot allocation awarded to community-based
providers and 30% of its total slot allocation.
(15) In order to assist intermediate districts and consortia
in complying with the requirement to contract with community-based
providers for at least 30% of their total slot allocation, the
department shall do all of the following:
(a) Ensure that a great start resource center or the
department provides each intermediate district or consortium
receiving a grant under this section with the contact information
for each licensed child care center located in the service area of
the intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure that an organization with which the
department contracts provides, a community-based provider with a
validated great start to quality rating within 90 days of the
provider's having submitted a request and self-assessment.
(c) Ensure that all intermediate district, district, community
college or university, head start grantee or delegate, private for-
profit, and private nonprofit providers are subject to a single
great start to quality rating system. The rating system shall
ensure that regulators process all prospective providers at the
same pace on a first-come, first-served basis and shall not allow 1
type of provider to receive a great start to quality rating ahead
of any other type of provider.
(d)
Not later than November December
1 of each year, compile
the results of the information reported by each intermediate
district or consortium under subsection (10) and report to the
legislature a list by intermediate district or consortium with the
number and percentage of each intermediate district's or
consortium's total slot allocation allocated to community-based
providers by provider type, including private for-profit, private
nonprofit, community college or university, head start grantee or
delegate, and district or intermediate district.
(16) A recipient of funds under this section shall report to
the department in a form and manner prescribed by the department
the number of children participating in the program who meet the
income eligibility criteria under subsection (5)(b) and the total
number of children participating in the program. For children
participating in the program who meet the income eligibility
criteria specified under subsection (5)(b), a recipient shall also
report whether or not a parent is available to provide care based
on employment status. For the purposes of this subsection,
"employment status" shall be defined by the department of health
and human services in a manner consistent with maximizing the
amount of spending that may be claimed for temporary assistance for
needy families maintenance of effort purposes.
(17) As used in this section:
(a) "GSRP/head start blended program" means a part-day program
funded under this section and a head start program, which are
combined for a school-day program.
(b) "Part-day program" means a program that operates at least
4 days per week, 30 weeks per year, for at least 3 hours of
teacher-child contact time per day but for fewer hours of teacher-
child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at
least the same length of day as a district's first grade program
for a minimum of 4 days per week, 30 weeks per year. A classroom
that offers a school-day program must enroll all children for the
school day to be considered a school-day program.
(18) An intermediate district or consortium of intermediate
districts receiving funds under this section shall establish a
sliding scale of tuition rates based upon household income for
children participating in an eligible great start readiness program
who live with families with a household income that is more than
250% of the federal poverty level to be used by all of its
providers, as approved by the department. A grant recipient shall
charge tuition according to that sliding scale of tuition rates on
a uniform basis for any child who does not meet the income
eligibility requirements under this section.
(19) From the amount appropriated in subsection (1), there is
allocated an amount not to exceed $10,000,000.00 for reimbursement
of transportation costs for children attending great start
readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1,
2015,
2016, a program funded under this section that provides
transportation shall submit to the intermediate district that is
the fiscal agent for the program a projected transportation budget.
The amount of the reimbursement for transportation under this
subsection shall be no more than the projected transportation
budget or $150.00 multiplied by the number of slots funded for the
program under this section. If the amount allocated under this
subsection is insufficient to fully reimburse the transportation
costs for all programs that provide transportation and submit the
required information, the reimbursement shall be prorated in an
equal amount per slot funded. Payments shall be made to the
intermediate district that is the fiscal agent for each program,
and the intermediate district shall then reimburse the program
provider for transportation costs as prescribed under this
subsection.
Sec. 32p. (1) From the school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$13,400,000.00
to intermediate districts for 2015-2016 2016-2017
for the purpose of providing early childhood funding to
intermediate school districts to support the activities under
subsection (2) and subsection (4), and to provide early childhood
programs for children from birth through age 8. The funding
provided to each intermediate district under this section shall be
determined by the distribution formula established by the
department's office of great start to provide equitable funding
statewide. In order to receive funding under this section, each
intermediate district shall provide an application to the office of
great start not later than September 15 of the immediately
preceding fiscal year indicating the activities planned to be
provided.
(2) Each intermediate district or consortium of intermediate
districts that receives funding under this section shall convene a
local great start collaborative and a parent coalition. The goal of
each great start collaborative and parent coalition shall be to
ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community
to achieve the following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track
from birth to third grade.
(c) Children developmentally ready to succeed in school at the
time of school entry.
(d) Children prepared to succeed in fourth grade and beyond by
reading proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition
shall convene workgroups to make recommendations about community
services designed to achieve the outcomes described in subsection
(2) and to ensure that its local great start system includes the
following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education.
(e) Early education, including the child's vocabulary
development, and care.
(4) From the funds allocated in subsection (1), at least
$2,500,000.00 shall be used for the purpose of providing home
visits to at-risk children and their families. The home visits
shall be conducted as part of a locally coordinated, family-
centered, evidence-based, data-driven home visit strategic plan
that is approved by the department. The goals of the home visits
funded
under this subsection shall be to improve school readiness ,
using evidence-based methods, including vocabulary development, to
reduce the number of pupils retained in grade level, and to reduce
the number of pupils requiring special education services. The
department shall coordinate the goals of the home visit strategic
plans approved under this subsection with other state agency home
visit programs in a way that strengthens Michigan's home visiting
infrastructure and maximizes federal funds available for the
purposes of at-risk family home visits. The coordination among
departments and agencies is intended to avoid duplication of state
services and spending, and should emphasize efficient service
delivery of home visiting programs.
(5) Not later than December 1 of each year, each intermediate
district shall provide a report to the department detailing the
activities actually provided during the immediately preceding
school year and the families and children actually served. At a
minimum, the report shall include an evaluation of the services
provided with additional funding under subsection (4) for home
visits, using the goals identified in subsection (4) as the basis
for the evaluation, including the degree to which school readiness
was improved, any change in the number of pupils retained at grade
level, and any change in the number of pupils receiving special
education services. The department shall compile and summarize
these reports and submit its summary to the house and senate
appropriations subcommittees on school aid and to the house and
senate fiscal agencies not later than February 15 of each year.
(6) An intermediate district or consortium of intermediate
districts that receives funding under this section may carry over
any unexpended funds received under this section into the next
fiscal year and may expend those unused funds through June 30 of
the next fiscal year. A recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed
by the department not later than September 30 of the next fiscal
year after the fiscal year in which the funds are received.
Sec. 32q. From the state school aid fund allocation under
section 11, there is allocated to an eligible intermediate district
an amount equal to $175,000.00 in 2016-2017 for the purpose of this
section. An intermediate district receiving a grant under this
section shall partner with an early childhood collaborative to
conduct a pilot program as provided under this section. It is the
intent of the legislature that this is the first of 3 years of
funding, and that funding shall continue in 2017-2018 and 2018-
2019. Funding allocated to an intermediate district shall be used
in partnership with a collaborative to conduct a pilot program to
evaluate the relative impact on vulnerable children of 1 versus 2
years of preschool education. All of the following apply to the
pilot program funded under this section:
(a) An eligible intermediate district is an intermediate
district that is located in a county with a population as of the
most recent federal decennial census that was greater than 500,000
but fewer than 800,000 and that has an early learning collaborative
located within its boundaries.
(b) The funds shall be used for research, family coaching
support, administration, information systems, and evaluation.
(c) In order to be eligible to receive the allocated funds,
the early learning collaborative, in partnership with the
intermediate district, shall provide the funding for all eligible
children included in the pilot program.
(d) The early learning collaborative, in partnership with the
intermediate district, shall develop a 3-year pilot program under
the supervision of the office of great start in the department.
(e) For a child to be eligible for participation in the pilot
program under this section, the child shall be 3 years of age as of
the date specified for determining a child's eligibility to attend
school under section 1147 of the revised school code, MCL 380.1147.
(f) A child participating in the pilot program shall meet the
participant eligibility and prioritization guidelines as defined by
the department.
(g) Notwithstanding section 17b, the department shall
distribute funds under this section not later than November 15 of
the fiscal year.
(h) The early learning collaborative, in partnership with the
intermediate district, shall provide annual progress evaluations to
the office of great start.
(i) By December 1, 2019, the early learning collaborative, in
partnership with the intermediate district, shall provide a pilot
program report and evaluation to the office of great start. The
office of great start shall review the pilot program report and
evaluation and, by February 15, 2020, provide a report to the
senate and house appropriations subcommittees on state school aid
and to the senate and house fiscal agencies of its evaluation of
the pilot program.
Sec. 35. (1) The funds allocated under section 35a shall be
used for programs to ensure children are reading at grade level by
the end of grade 3. The superintendent shall designate staff or
contracted employees funded under section 35a as critical shortage.
Programs funded under section 35a are intended to ensure that this
state will be in the top 10 most improved states in grade 4 reading
proficiency by the 2019 National Assessment of Educational Progress
(NAEP) and will be in the top 10 states overall in grade 4 reading
proficiency by 2025.
(2) From the general fund appropriation in section 11, there
is allocated to the department an amount not to exceed
$1,000,000.00
for 2015-2016 2016-2017 for implementation costs
associated with programs funded under section 35a.
(3)
From the amount allocated under subsection (2), there is
allocated
an amount not to exceed $100,000.00 for the purpose of
performing
an evaluation of the pilot programs under section 35a(2)
in
a manner approved by the department. The evaluation report shall
include
at least all of the following:
(a)
A description of the components of the pilot programs that
were
effective in helping parents prepare their children for
success
in school.
(b)
A description of any barriers that parents and their
children
encountered that prevented them from participating in the
pilot
programs.
(c)
An assessment of whether these pilot programs should be
expanded
to other locations in the state.
Sec. 35a. (1) From the appropriations in section 11, there is
allocated for 2015-2016 for the purposes of this section an amount
not
to exceed $23,900,000.00 $19,000,000.00
from the state school
aid fund appropriation and an amount not to exceed $1,500,000.00
from the general fund appropriation. From the appropriations in
section 11, there is allocated for 2016-2017 for the purposes of
this section an amount not to exceed $22,900,000.00 from the state
school aid fund and an amount not to exceed $1,000,000.00 from the
general fund.
(2)
From the allocations under subsection (1), there is
allocated
an amount not to exceed $1,000,000.00 for 2015-2016 for
the
purpose of conducting parent education pilot programs for
parents
of children less than 4 years of age so that children are
developmentally
ready to succeed in school at the time of school
entry.
All of the following apply to programs funded under this
subsection:
(a)
The department shall develop a competitive application
process
and method of grant distribution consistent with the
provisions
of this subsection. The amount of a grant award to a
pilot
program shall be an amount equal to the number of children
residing
in the district or consortium of districts operating the
program
who are younger than 4 years of age as of the date
specified
for determining a child's eligibility to attend school
under
section 1147 of the revised school code, MCL 380.1147,
multiplied
by $120.00 per child or $130,000.00, whichever is less.
The
department shall ensure that grants are awarded in each
prosperity
region or subregion.
(b)
An application for a competitive grant under this
subsection
shall be submitted by an intermediate district on behalf
of
a district or consortium of districts within the intermediate
district.
The application shall be submitted in a form and manner
approved
by the department and shall contain at least the following
components:
(i) A description of the program design including the
names of
the
district or consortium of districts that will operate the
program,
the physical location of the program, and the anticipated
number
of families that will be served.
(ii) An assurance that the program will be supervised
by a
teacher
who has a valid teaching certificate with an early
childhood
(ZA or ZS) endorsement, a valid teaching certificate in
career
education with both a KH and VH endorsement, a bachelor's
degree
in child development or early child development, or a
bachelor's
degree related to adult learning.
(iii) An estimate of the number of families residing in
the
district
or consortium of districts that will operate the pilot
program
that have at least 1 child less than 4 years of age as of
the
date specified for determining a child's eligibility to attend
school
under section 1147 of the revised school code, MCL 380.1147.
(iv) A description of the public awareness and outreach
efforts
that will be made.
(v) An assurance that the intermediate district and
the
district
or consortium of districts operating the program will
provide
information in a form and manner as approved by the
department
to allow for an evaluation of the pilot projects.
(vi) A description of the sliding fee scale that will
be
established
for tuition, with fees reduced or waived for those
unable
to pay.
(vii) A budget for the program. A program may use not
more
than
5% of a grant to administer the program.
(c)
To be eligible for a grant under this subsection, a
program
shall provide at least 2 hours per week throughout the
school
year for parents and their eligible children to participate
in
parent education programs and meet at least the following
minimum
requirements:
(i) Require that parents be physically present in
classes with
their
children or be in concurrent classes.
(ii) Use research-based information to educate parents
about
the
physical, cognitive, social, and emotional development of
children.
(iii) Provide structured learning activities requiring
interaction
between children and their parents.
(iv) Provide structured learning activities for
children that
promote
positive interaction with their peers.
(d)
For a child to be eligible to participate in a program
under
this subsection, the child shall be less than 4 years of age
as
of the date specified for determining a child's eligibility to
attend
school under section 1147 of the revised school code, MCL
380.1147.
(2) (3)
From the allocations under
subsection (1), there is
allocated an amount not to exceed $950,000.00 each fiscal year for
2015-2016 and for 2016-2017 for professional development purposes
under
this subsection. This The
2016-2017 allocation represents the
first
second of 2 years of funding for the purposes of this
subsection. All of the following apply to funding under this
subsection:
(a) The department shall award grants to districts to support
professional development for educators in a department-approved
research-based training program related to current state literacy
standards for pupils in grades K to 3. The professional development
shall also include training in the use of screening and diagnostic
tools, progress monitoring, and intervention methods used to
address barriers to learning and delays in learning that are
diagnosed through the use of these tools. The department shall
determine the amount of the grant awards.
(b) In addition to other methods of professional development
delivery, the department shall collaborate with the Michigan
Virtual University to provide this training online to all educators
of pupils in grades K to 3.
(c) The funds allocated under this subsection for 2015-2016
are a work project appropriation, and any unexpended funds for
2015-2016 are carried forward into 2016-2017. The purpose of the
work project is to continue to implement the professional
development training described in this subsection. The estimated
completion date of the work project is September 30, 2017.
(d) The funds allocated under this subsection for 2016-2017
are a work project appropriation, and any unexpended funds for
2016-2017 are carried forward into 2017-2018. The purpose of the
work project is to continue to implement the professional
development training described in this subsection. The estimated
completion date of the work project is September 30, 2018.
(3) (4)
From the allocations under
subsection (1), there is
allocated an amount not to exceed $1,450,000.00 each fiscal year
for 2015-2016 and for 2016-2017 for grants under this subsection.
This
The 2016-2017 allocation represents the first second of
2
years of funding. All of the following apply to grants under this
subsection:
(a) The department shall award grants to districts to
administer department-approved screening and diagnostic tools to
monitor the development of early literacy and early reading skills
of pupils in grades K to 3 and to support research-based
professional development for educators in administering screening
and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of
implementing a multi-tiered system of support to improve reading
proficiency among pupils in grades K to 3. The department shall
award grants to eligible districts in an amount determined by the
department.
(b) A department-approved screening and diagnostic tool
administered by a district using funding under this section must
include all of the following components: phonemic awareness,
phonics, fluency, and comprehension. Further, all of the following
sub-skills must be assessed within each of these components:
(i) Phonemic awareness - segmentation, blending, and sound
manipulation (deletion and substitution).
(ii) Phonics - decoding (reading) and encoding (spelling).
(iii) Fluency - reading rate, accuracy, and expression.
(iv) Comprehension - making meaning of text.
(c) (b)
In addition to other methods of
professional
development delivery, the department shall collaborate with the
Michigan Virtual University to provide this training online to all
educators of pupils in grades K to 3.
(d) (c)
The funds allocated under this
subsection for 2015-
2016 are a work project appropriation, and any unexpended funds for
2015-2016 are carried forward into 2016-2017. The purpose of the
work project is to continue to implement the professional
development training described in this subsection. The estimated
completion date of the work project is September 30, 2017.
(e) The funds allocated under this subsection for 2016-2017
are a work project appropriation, and any unexpended funds for
2016-2017 are carried forward into 2017-2018. The purpose of the
work project is to continue to implement the professional
development training described in this subsection. The estimated
completion date of the work project is September 30, 2018.
(4) (5)
From the allocations under
subsection (1), there is
allocated an amount not to exceed $3,000,000.00 each fiscal year
for 2015-2016 and for 2016-2017 for the purpose of providing early
literacy coaches at intermediate districts to assist teachers in
developing and implementing instructional strategies for pupils in
grades K to 3 so that pupils are reading at grade level by the end
of grade 3. All of the following apply to funding under this
subsection:
(a) The department shall develop an application process
consistent with the provisions of this subsection. An application
shall provide assurances that literacy coaches funded under this
subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K to
3.
(ii) Implementing an instructional delivery model based on
frequent use of formative, screening, and diagnostic tools, known
as a multi-tiered system of support, to determine individual
progress for pupils in grades K to 3 so that pupils are reading at
grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the
necessary additional supports and interventions needed by
individual pupils in grades K to 3 in order to be reading at grade
level.
(b) From the allocation under this subsection, the department
shall award grants to intermediate districts for the support of
early literacy coaches. An intermediate district must provide
matching funds for at least 50% of the cost of the literacy coach.
The department shall provide this funding in the following manner:
(i) Each intermediate district shall be awarded grant funding
to support the cost of 1 early literacy coach in an equal amount
per early literacy coach, not to exceed $37,500.00.
(ii) After distribution of the grant funding under
subparagraph (i), the department shall distribute the remainder of
grant funding for additional early literacy coaches in an amount
not to exceed $37,500.00 per early literacy coach. The number of
funded early literacy coaches for each intermediate district shall
be based on the percentage of the total statewide number of pupils
in grades K to 3 who meet the income eligibility standards for the
federal free and reduced-price lunch programs who are enrolled in
districts in the intermediate district. For each additional early
literacy coach funded under this subparagraph, the department shall
not make an award to an intermediate district under this
subparagraph in an amount that is less than the amount necessary to
pay 1/2 of the total cost of that additional early literacy coach.
(c) The funds allocated under this subsection for 2015-2016
are a work project appropriation, and any unexpended funds for
2015-2016 are carried forward into 2016-2017. The purpose of the
work project is to continue to provide early literacy coaches as
described in this subsection. The estimated completion date of the
work project is September 30, 2017.
(d) The funds allocated under this subsection for 2016-2017
are a work project appropriation, and any unexpended funds for
2016-2017 are carried forward into 2017-2018. The purpose of the
work project is to continue to implement the professional
development training described in this subsection. The estimated
completion date of the work project is September 30, 2018.
(5) (6)
From the allocations under
subsection (1), there is
allocated
an amount not to exceed $17,500,000.00 $13,600,000.00 for
2015-2016 and an amount not to exceed $17,500,000.00 for 2016-2017
to districts that provide additional instructional time to those
pupils in grades K to 3 who have been identified by using
department-approved screening and diagnostic tools as needing
additional supports and interventions in order to be reading at
grade level by the end of grade 3. Additional instructional time
may be provided before, during, and after regular school hours or
as part of a year-round balanced school calendar. All of the
following apply to funding under this subsection:
(a) In order to be eligible to receive funding, a district
shall demonstrate to the satisfaction of the department that the
district has done all of the following:
(i) Implemented a multi-tiered system of support instructional
delivery model that is an evidence-based model that uses data-
driven problem solving to integrate academic and behavioral
instruction and that uses intervention delivered to all pupils in
varying intensities based on pupil needs. The multi-tiered system
of supports must provide at least all of the following essential
elements:
(A) Implements effective instruction for all learners.
(B) Intervenes early.
(C) Provides a multi-tiered model of instruction and
intervention that provides the following: a core curriculum and
classroom interventions available to all pupils that meet the needs
of most pupils; targeted group interventions; and intense
individual interventions.
(D) Monitors pupil progress to inform instruction.
(E) Uses data to make instructional decisions.
(F) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(G) Engages families and the community.
(H) Implements evidence-based, scientifically validated,
instruction and intervention.
(I) Implements instruction and intervention practices with
fidelity.
(J) Uses a collaborative problem-solving model.
(ii) Used department-approved research-based diagnostic tools
to identify individual pupils in need of additional instructional
time.
(iii) Used a reading instruction method that focuses on the 5
fundamental building blocks of reading: phonics, phonemic
awareness, fluency, vocabulary, and comprehension and content
knowledge.
(iv) Provided teachers of pupils in grades K to 3 with
research-based professional development in diagnostic data
interpretation.
(b) Funding allocated under this subsection shall be
distributed to eligible districts by multiplying the number of
full-time-equivalent pupils in grade 1 in the district by $165.00.
(c) If the funds allocated under this subsection are
insufficient to fully fund the payments under this subsection,
payments under this subsection shall be prorated on an equal per-
pupil basis based on grade 1 pupils.
(6) (7)
From the general fund money
allocated in subsection
(1), the department shall allocate the amount of $1,000,000.00 each
fiscal year for 2015-2016 and for 2016-2017 to the Michigan
Education Corps. All of the following apply to funding under this
subsection:
(a)
By August 1 , 2016, of
the applicable fiscal year, the
Michigan Education Corps shall provide a report concerning its use
of the funding to the senate and house appropriations subcommittees
on state school aid, the senate and house fiscal agencies, and the
senate and house caucus policy offices on outcomes and performance
measures of the Michigan Education Corps, including, but not
limited to, the degree to which the Michigan Education Corps's
replication of the Michigan Reading Corps program is demonstrating
sufficient efficacy and impact. The report must include data
pertaining to at least all of the following:
(i) The current impact of the Michigan Reading Corps on this
state in terms of numbers of children and programs receiving
support. This portion of the report shall specify the number of
children tutored, including dosage and completion, and the
demographics of those children.
(ii) Whether the assessments and interventions are implemented
with fidelity. This portion of the report shall include details on
the total number of assessments and interventions completed and the
range, median, mean, and standard deviation for all assessments.
(iii) Whether the literacy improvement of children
participating in the Michigan Reading Corps is consistent with
expectations. This portion of the report shall detail at least all
of the following:
(A) Growth rate by grade level, in comparison to targeted
growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also meet or exceed
spring benchmarks.
(iv) The impact of the Michigan Reading Corps on organizations
and stakeholders, including, but not limited to, school
administrators, internal coaches, and AmeriCorps members.
(b) If the department determines that the Michigan Education
Corps has misused the funds allocated under this subsection, the
Michigan Education Corps shall reimburse this state for the amount
of state funding misused.
(7) (8)
From the general fund money
allocated under subsection
(1), there is allocated to the department an amount not to exceed
$500,000.00 for 2015-2016 for the adoption of a certification test
to ensure that all newly certificated elementary teachers have the
skills to deliver evidence-based literacy instruction.
Sec. 39. (1) An eligible applicant receiving funds under
section 32d shall submit an application, in a form and manner
prescribed by the department, by a date specified by the department
in the immediately preceding state fiscal year. The application
shall include a comprehensive needs assessment using aggregated
data from the applicant's entire service area and a community
collaboration plan that is endorsed by the local great start
collaborative and is part of the community's great start strategic
plan that includes, but is not limited to, great start readiness
program and head start providers, and shall identify all of the
following:
(a) The estimated total number of children in the community
who meet the criteria of section 32d and how that calculation was
made.
(b) The estimated number of children in the community who meet
the criteria of section 32d and are being served by other early
childhood development programs operating in the community, and how
that calculation was made.
(c)
The number of children the applicant will be able to serve
slots the applicant will be able to fill with children who meet the
criteria of section 32d including a verification of physical
facility and staff resources capacity.
(d) The estimated number of slots that will remain unfilled
and children who meet the criteria of section 32d who will remain
unserved after the applicant and community early childhood programs
have met their funded enrollments. The applicant shall maintain a
waiting list of identified unserved eligible children who would be
served when openings are available.
(2) After notification of funding allocations, an applicant
receiving funds under section 32d shall also submit an
implementation plan for approval, in a form and manner prescribed
by the department, by a date specified by the department, that
details how the applicant complies with the program components
established by the department pursuant to section 32d.
(3) The number of prekindergarten children construed to be in
need of special readiness assistance under section 32d shall be
calculated for each applicant in the following manner: 1/2 of the
percentage of the applicant's pupils in grades 1 to 5 in all
districts served by the applicant who are eligible for free lunch,
as determined using the district's pupil membership count as of the
pupil membership count day in the school year prior to the fiscal
year for which the calculation is made, under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i, shall be
multiplied by the average kindergarten enrollment of the districts
served by the applicant on the pupil membership count day of the 2
immediately preceding fiscal years. Each child construed to be in
need constitutes 1 slot.
(4) The initial allocation for each fiscal year to each
eligible applicant under section 32d shall be determined by
multiplying
the number of children slots
determined by the formula
under
subsection (3) or the number of children slots the applicant
indicates
it will be able to serve fill
under subsection (1)(c),
whichever is less, by $3,625.00 and shall be distributed among
applicants in decreasing order of concentration of eligible
children as determined by the formula under subsection (3). If the
number
of children slots an applicant indicates it will be able to
serve
fill under subsection (1)(c) includes children able to be
served
in a school-day program, then the number able to be served
in
of slots for a school-day program shall be doubled for the
purposes
of making this calculation. of the lesser of the number of
children
determined by the formula under subsection (3) and the
number
of children the applicant indicates it will be able to serve
under
subsection (1)(c) and determining the amount of the initial
allocation
to the applicant under section 32d. A
district may
contract with a head start agency to serve children enrolled in
head start with a school-day program by blending head start funds
with a part-day great start readiness program allocation. All head
start and great start readiness program policies and regulations
apply to the blended program.
(5) If funds allocated for eligible applicants under section
32d remain after the initial allocation under subsection (4), the
allocation under this subsection shall be distributed to each
eligible applicant under section 32d in decreasing order of
concentration of eligible children as determined by the formula
under subsection (3). The allocation shall be determined by
multiplying
the number of children slots
in each district within
the
applicant's service area served filled
in the immediately
preceding
fiscal year or the number of children slots the applicant
indicates
it will be able to serve fill
under subsection (1)(c),
whichever
is less, minus the number of children slots for which the
applicant received funding in subsection (4) by $3,625.00.
(6) If funds allocated for eligible applicants under section
32d remain after the allocations under subsections (4) and (5),
remaining funds shall be distributed to each eligible applicant
under section 32d in decreasing order of concentration of eligible
children as determined by the formula under subsection (3). If the
number
of children slots the applicant indicates it will be able to
serve
fill under subsection (1)(c) exceeds the number of children
slots for which funds have been received under subsections (4) and
(5), the allocation under this subsection shall be determined by
multiplying
the number of children slots
the applicant indicates it
will
be able to serve fill under subsection (1)(c) less the number
of
children slots for which funds have been received under
subsections (4) and (5) by $3,625.00 until the funds allocated for
eligible applicants in section 32d are distributed.
(7)
An applicant that offers supplementary child care funded
by
funds other than those received under section 32d and therefore
offers
full-day programs as part of its early childhood development
program
shall receive priority in the allocation of funds under
section
32d over other eligible applicants. As used in this
subsection,
"full-day program" means a program that provides
supplementary
child care that totals at least 10 hours of
programming
per day.
(7) (8)
If, taking into account the total
amount to be
allocated to the applicant as calculated under this section, an
applicant determines that it is able to include additional eligible
children in the great start readiness program without additional
funds under section 32d, the applicant may include additional
eligible children but shall not receive additional funding under
section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section
11,
there is allocated for 2015-2016 2016-2017 to districts,
intermediate districts, and other eligible entities all available
federal
funding, estimated at $779,076,400.00 $821,939,900.00 for
the federal programs under the no child left behind act of 2001,
Public Law 107-110, or the every student succeeds act, Public Law
114-95. These funds are allocated as follows:
(a)
An amount estimated at $5,000,000.00 $2,000,000.00 to
provide students with drug- and violence-prevention programs and to
implement strategies to improve school safety, funded from DED-
OESE, drug-free schools and communities funds.
(b) An amount estimated at $111,111,900.00 for the purpose of
preparing, training, and recruiting high-quality teachers and class
size reduction, funded from DED-OESE, improving teacher quality
funds.
(c) An amount estimated at $12,200,000.00 for programs to
teach English to limited English proficient (LEP) children, funded
from DED-OESE, language acquisition state grant funds.
(d)
An amount estimated at $10,286,500.00 $250,000.00 for the
Michigan charter school subgrant program, funded from DED-OESE,
charter school funds.
(e) An amount estimated at $3,000,000.00 for rural and low
income schools, funded from DED-OESE, rural and low income school
funds.
(f) An amount estimated at $565,000,000.00 to provide
supplemental programs to enable educationally disadvantaged
children to meet challenging academic standards, funded from DED-
OESE, title I, disadvantaged children funds.
(g) An amount estimated at $8,878,000.00 for the purpose of
identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(h) An amount estimated at $39,000,000.00 for the purpose of
providing high-quality extended learning opportunities, after
school and during the summer, for children in low-performing
schools, funded from DED-OESE, twenty-first century community
learning center funds.
(i) An amount estimated at $24,600,000.00 to help support
local school improvement efforts, funded from DED-OESE, title I,
local school improvement grants.
(j) An amount estimated at $55,900,000.00 to improve the
academic achievement of students, funded from DED-OESE, title IV,
student support and academic enrichment grants.
(2) From the federal funds appropriated in section 11, there
is
allocated for 2015-2016 2016-2017
to districts, intermediate
districts, and other eligible entities all available federal
funding, estimated at $30,800,000.00 for the following programs
that are funded by federal grants:
(a) An amount estimated at $200,000.00 for acquired
immunodeficiency syndrome education grants, funded from HHS –
Centers for Disease Control and Prevention, AIDS funding.
(b) An amount estimated at $2,600,000.00 to provide services
to homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c) An amount estimated at $4,000,000.00 to provide mental
health, substance abuse, or violence prevention services to
students, funded from HHS-SAMHSA.
(d) An amount estimated at $24,000,000.00 for providing career
and technical education services to pupils, funded from DED-OVAE,
basic grants to states.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(4) For the purposes of applying for federal grants
appropriated under this article, the department shall allow an
intermediate district to submit a consortium application on behalf
of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) For the purposes of funding federal title I grants under
this article, in addition to any other federal grants for which a
strict discipline academy is eligible, the department shall
allocate to strict discipline academies out of title I, part A
funds equal to what a strict discipline academy would have received
if included and calculated under title I, part D, or what it would
receive under the formula allocation under title I, part A,
whichever is greater.
(6) (5)
As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental
Health Services Administration.
Sec. 41. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,200,000.00 for 2015-2016 2016-
2017 to applicant districts and intermediate districts offering
programs of instruction for pupils of limited English-speaking
ability under section 1153 of the revised school code, MCL
380.1153. Reimbursement shall be on a per-pupil basis and shall be
based on the number of pupils of limited English-speaking ability
in membership on the pupil membership count day. Funds allocated
under this section shall be used solely for instruction in
speaking, reading, writing, or comprehension of English. A pupil
shall not be counted under this section or instructed in a program
under this section for more than 3 years.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $901,946,100.00 $945,246,100.00
for
2014-2015 2015-2016 and an amount not to exceed $918,546,100.00
for
2015-2016 $973,046,100.00 for
2016-2017 from state sources and
all available federal funding under sections 611 to 619 of part B
of the individuals with disabilities education act, 20 USC 1411 to
1419,
estimated at $370,000,000.00 each fiscal year for 2014-2015
and
for 2015-2016 , and for 2016-2017, plus any carryover federal
funds from previous year appropriations. The allocations under this
subsection are for the purpose of reimbursing districts and
intermediate districts for special education programs, services,
and special education personnel as prescribed in article 3 of the
revised school code, MCL 380.1701 to 380.1766; net tuition payments
made by intermediate districts to the Michigan schools for the deaf
and blind; and special education programs and services for pupils
who are eligible for special education programs and services
according to statute or rule. For meeting the costs of special
education programs and services not reimbursed under this article,
a district or intermediate district may use money in general funds
or special education funds, not otherwise restricted, or
contributions from districts to intermediate districts, tuition
payments, gifts and contributions from individuals or other
entities, or federal funds that may be available for this purpose,
as determined by the intermediate district plan prepared pursuant
to article 3 of the revised school code, MCL 380.1701 to 380.1766.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(2) From the funds allocated under subsection (1), there is
allocated
the amount necessary, estimated at $248,100,000.00 for
2014-2015
$263,500,000.00 for 2015-2016
and estimated at
$251,800,000.00
for 2015-2016, $271,600,000.00
for 2016-2017, for
payments toward reimbursing districts and intermediate districts
for 28.6138% of total approved costs of special education,
excluding costs reimbursed under section 53a, and 70.4165% of total
approved costs of special education transportation. Allocations
under this subsection shall be made as follows:
(a) The initial amount allocated to a district under this
subsection toward fulfilling the specified percentages shall be
calculated by multiplying the district's special education pupil
membership, excluding pupils described in subsection (11), times
the foundation allowance under section 20 of the pupil's district
of residence plus the amount of the district's per-pupil allocation
under section 20m, not to exceed the basic foundation allowance
under section 20 for the current fiscal year, or, for a special
education pupil in membership in a district that is a public school
academy, times an amount equal to the amount per membership pupil
calculated under section 20(6) or, for a pupil described in this
subsection who is counted in membership in the education
achievement system, times an amount equal to the amount per
membership pupil under section 20(7). For an intermediate district,
the amount allocated under this subdivision toward fulfilling the
specified percentages shall be an amount per special education
membership pupil, excluding pupils described in subsection (11),
and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district
of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, and that district's per-
pupil allocation under section 20m.
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments calculated under
subdivision (a) do not fulfill the specified percentages shall be
paid the amount necessary to achieve the specified percentages for
the district or intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated
for 2014-2015 2015-2016 an amount not to exceed
$1,000,000.00
and there is allocated for 2015-2016 2016-2017 an
amount
not to exceed $1,300,000.00 $1,100,000.00
to make payments
to districts and intermediate districts under this subsection. If
the amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the
amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the
district or intermediate district for the fiscal year an amount
equal to that difference, adjusted by applying the same proration
factor that was used in the distribution of funds under section 52
in 1996-97 as adjusted to the district's or intermediate district's
necessary costs of special education used in calculations for the
fiscal year. This adjustment is to reflect reductions in special
education program operations or services between 1996-97 and
subsequent fiscal years. Adjustments for reductions in special
education program operations or services shall be made in a manner
determined by the department and shall include adjustments for
program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) is not sufficient to fulfill the
specified percentages in subsection (2), then the shortfall shall
be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. If
the department determines that the sum of the amounts allocated for
a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary
to fulfill the specified percentages in subsection (2), then the
department shall deduct the amount of the excess from the
district's or intermediate district's payments under this article
for the fiscal year beginning on the October 1 following the
determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection
(2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be no
deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may
be
allocated by the department each fiscal year for 2014-2015 2015-
2016
and for 2015-2016 2016-2017 to districts, intermediate
districts, or other eligible entities on a competitive grant basis
for programs, equipment, and services that the department
determines to be designed to benefit or improve special education
on a statewide scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 each fiscal year
for
2014-2015 and for 2015-2016 and for 2016-2017 to reimburse 100%
of the net increase in necessary costs incurred by a district or
intermediate district in implementing the revisions in the
administrative rules for special education that became effective on
July 1, 1987. As used in this subsection, "net increase in
necessary costs" means the necessary additional costs incurred
solely because of new or revised requirements in the administrative
rules minus cost savings permitted in implementing the revised
rules. Net increase in necessary costs shall be determined in a
manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following
apply:
(a) "Total approved costs of special education" shall be
determined in a manner specified by the department and may include
indirect costs, but shall not exceed 115% of approved direct costs
for section 52 and section 53a programs. The total approved costs
include salary and other compensation for all approved special
education personnel for the program, including payments for social
security and Medicare and public school employee retirement system
contributions. The total approved costs do not include salaries or
other compensation paid to administrative personnel who are not
special education personnel as defined in section 6 of the revised
school code, MCL 380.6. Costs reimbursed by federal funds, other
than those federal funds included in the allocation made under this
article, are not included. Special education approved personnel not
utilized full time in the evaluation of students or in the delivery
of special education programs, ancillary, and other related
services shall be reimbursed under this section only for that
portion of time actually spent providing these programs and
services, with the exception of special education programs and
services provided to youth placed in child caring institutions or
juvenile detention programs approved by the department to provide
an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or
intermediate district that employed special education support
services staff to provide special education support services in
2003-2004 or in a subsequent fiscal year and that in a fiscal year
after 2003-2004 receives the same type of support services from
another district or intermediate district shall report the cost of
those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer
of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with
those special education classroom teachers and special education
classroom aides are transferred and counted in membership in the
other district or intermediate district in conjunction with the
transfer of those teachers and aides.
(c) If the department determines before bookclosing for a
fiscal year that the amounts allocated for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56
will exceed expenditures for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56, then for a
district or intermediate district whose reimbursement for that
fiscal year would otherwise be affected by subdivision (b),
subdivision (b) does not apply to the calculation of the
reimbursement for that district or intermediate district and
reimbursement for that district or intermediate district shall be
calculated in the same manner as it was for 2003-2004. If the
amount of the excess allocations under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to fully
fund the calculation of reimbursement to those districts and
intermediate districts under this subdivision, then the
calculations and resulting reimbursement under this subdivision
shall be prorated on an equal percentage basis. Beginning in 2015-
2016, the amount of reimbursement under this subdivision for a
fiscal year shall not exceed $2,000,000.00 for any district or
intermediate district.
(d) Reimbursement for ancillary and other related services, as
defined by R 340.1701c of the Michigan administrative code, shall
not be provided when those services are covered by and available
through private group health insurance carriers or federal
reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the
incidental expense of filing, shall not be borne by the parent. In
addition, the filing of claims shall not delay the education of a
pupil. A district or intermediate district shall be responsible for
payment of a deductible amount and for an advance payment required
until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil
transportation service from a constituent district that was
previously purchased from a private entity; if the purchase from
the constituent district is at a lower cost, adjusted for changes
in fuel costs; and if the cost shift from the intermediate district
to the constituent does not result in any net change in the revenue
the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to
report the cost associated with the specific identified special
education pupil transportation service and shall adjust the costs
reported by the constituent district to remove the cost associated
with that specific service.
(8) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a
pupil who is enrolled in the Michigan schools for the deaf and
blind shall not be included in the membership count of a district,
but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to
another to implement the revised school code shall be entitled to
the rights, benefits, and tenure to which the person would
otherwise be entitled had that person been employed by the
receiving district originally.
(10) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or
purposes for which the money is allocated, the department may
require the district or intermediate district to refund the amount
of money received. Money that is refunded shall be deposited in the
state treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is
allocated
the amount necessary, estimated at $3,400,000.00 for
2014-2015
$3,800,000.00 for 2015-2016 and estimated at
$3,300,000.00
for 2015-2016, $3,700,000.00
for 2016-2017, to pay
the foundation allowances for pupils described in this subsection.
The allocation to a district under this subsection shall be
calculated by multiplying the number of pupils described in this
subsection who are counted in membership in the district times sum
of the foundation allowance under section 20 of the pupil's
district of residence plus the amount of the district's per-pupil
allocation under section 20m, not to exceed the basic foundation
allowance under section 20 for the current fiscal year, or, for a
pupil described in this subsection who is counted in membership in
a district that is a public school academy, times an amount equal
to the amount per membership pupil under section 20(6) or, for a
pupil described in this subsection who is counted in membership in
the education achievement system, times an amount equal to the
amount per membership pupil under section 20(7). The allocation to
an intermediate district under this subsection shall be calculated
in the same manner as for a district, using the foundation
allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for
the current fiscal year, and that district's per-pupil allocation
under section 20m. This subsection applies to all of the following
pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the
intermediate district in a juvenile detention or child caring
facility.
(c) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by
the department of health and human services.
(12) If it is determined that funds allocated under subsection
(2) or (11) or under section 51c will not be expended, funds up to
the amount necessary and available may be used to supplement the
allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under
subsections (2) and (11) and section 51c, the remaining
expenditures from the allocation in subsection (1) shall be made in
the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11)
shall be allocations to intermediate districts only and shall not
be allocations to districts, but instead shall be calculations used
only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this
section a pupil who resides outside of the intermediate district in
which the public school academy is located and who is eligible for
special education programs and services according to statute or
rule, or who is a child with disabilities, as defined under the
individuals with disabilities education act, Public Law 108-446,
the provision of special education programs and services and the
payment of the added costs of special education programs and
services for the pupil are the responsibility of the district and
intermediate district in which the pupil resides unless the
enrolling district or intermediate district has a written agreement
with the district or intermediate district in which the pupil
resides or the public school academy for the purpose of providing
the pupil with a free appropriate public education and the written
agreement includes at least an agreement on the responsibility for
the payment of the added costs of special education programs and
services for the pupil.
(15)
It is the intent of the legislature that, beginning
Beginning in 2016-2017, a district, public school academy, or
intermediate district that fails to comply with subsection (14) or
with the requirements of federal regulations regarding the
treatment of public school academies and public school academy
pupils for the purposes of special education, 34 CFR 300.209,
forfeits from its total state aid an amount equal to 10% of its
total state aid.
Sec. 51c. As required by the court in the consolidated cases
known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492, from the allocation under section 51a(1), there
is
allocated each fiscal year for 2014-2015 2015-2016 and for 2015-
2016
2016-2017 the amount necessary, estimated at $597,300,000.00
for
2014-2015 $624,800,000.00 for
2015-2016 and estimated at
$610,000,000.00
for 2015-2016, $644,500,000.00
for 2016-2017, for
payments to reimburse districts for 28.6138% of total approved
costs of special education excluding costs reimbursed under section
53a, and 70.4165% of total approved costs of special education
transportation. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22a and 22b in order to fully fund those
calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section
11,
there is allocated for 2015-2016, 2016-2017, all available
federal funding, estimated at $71,000,000.00, for special education
programs and services that are funded by federal grants. All
federal funds allocated under this section shall be distributed in
accordance with federal law. Notwithstanding section 17b, payments
of federal funds to districts, intermediate districts, and other
eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the federal funds allocated under subsection (1), the
following
amounts are allocated for 2015-2016:2016-2017:
(a) An amount estimated at $14,000,000.00 for handicapped
infants and toddlers, funded from DED-OSERS, handicapped infants
and toddlers funds.
(b) An amount estimated at $12,000,000.00 for preschool grants
(Public Law 94-142), funded from DED-OSERS, handicapped preschool
incentive funds.
(c) An amount estimated at $45,000,000.00 for special
education programs funded by DED-OSERS, handicapped program,
individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United
States Department of Education Office of Special Education and
Rehabilitative Services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved
costs of operating special education programs and services approved
by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1766, minus the district's foundation allowance
calculated under section 20 and minus the district's per-pupil
allocation under section 20m. For intermediate districts,
reimbursement for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, and that district's per-
pupil allocation under section 20m.
(2) Reimbursement under subsection (1) is for the following
special education pupils:
(a) Pupils assigned to a district or intermediate district
through the community placement program of the courts or a state
agency, if the pupil was a resident of another intermediate
district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are residents of institutions operated by the
department of health and human services.
(c) Pupils who are former residents of department of community
health institutions for the developmentally disabled who are placed
in community settings other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds
educational program longer than 180 days, but not longer than 233
days, at a residential child care institution, if the child care
institution offered in 1991-92 an on-grounds educational program
longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of
seeking a suitable home, if the parent does not reside in the same
intermediate district as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly
attributable to educational programs for pupils described in
subsection (2), and that would not have been incurred if the pupils
were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this
section and shall not be reimbursed under section 58.
(5)
Not more than $10,500,000.00 of the allocation for 2015-
2016
2016-2017 in section 51a(1) shall be allocated under this
section.
Sec. 54. Each intermediate district shall receive an amount
per-pupil for each pupil in attendance at the Michigan schools for
the deaf and blind. The amount shall be proportionate to the total
instructional cost at each school. Not more than $1,688,000.00 of
the
allocation for 2015-2016 2016-2017
in section 51a(1) shall be
allocated under this section.
Sec. 54b. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $1,125,000.00 for
2016-2017 to begin implementation of the recommendations of the
special education reform task force published in January 2016.
(2) From the allocation in subsection (1), there is allocated
for 2016-2017 an amount not to exceed $625,000.00 for the purpose
of piloting statewide implementation of the Michigan Integrated
Behavior and Learning Support Initiative (MiBLSI), a nationally
recognized program that includes positive behavioral intervention
and supports and provides a statewide structure to support local
initiatives for an integrated behavior and reading program. With
the assistance of the intermediate districts involved in MiBLSI,
the department shall identify at least 3 intermediate districts to
participate in the pilot to ensure that MiBLSI can be implemented
statewide with fidelity and sustainability. In addition, the
department shall identify an intermediate district to act as a
fiscal agent for these funds.
(3) From the allocation in subsection (1), there is allocated
for 2016-2017 an amount not to exceed $500,000.00 for the purpose
of providing training to intermediate districts and districts
related to the safe implementation of emergency restraints and
seclusion. The department shall develop and implement a training
program that is based on the state board's adopted standards and on
any other legislation enacted by the legislature regarding the
emergency use of seclusion and restraint.
Sec. 55. (1) From the money appropriated in section 11, there
is
allocated an amount not to exceed $150,000.00 for 2015-2016
2016-2017 to Michigan State University, Department of Epidemiology,
for a study of the Conductive Learning Center located at Aquinas
College. This funding shall be used to develop and implement an
evaluation of the effectiveness of conductive education for
children with cerebral palsy. The evaluation shall be
multidimensional and shall include a control group of children with
cerebral palsy not enrolled in conductive education. It should
include an assessment of the motor system itself as well as the
impact of conductive education on each of the following:
(a) The acquisition of skills permitting complex motor
functions.
(b) The performance of tasks essential to daily living.
(c) The attitudes and feelings of both children and parents.
(d) The long-term need for special education for children with
cerebral palsy.
(2)
It is the intent of the legislature that this This funding
is
for the first second of 2 years of funding for this purpose.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district.
(b) "Millage levied" means the millage levied for special
education pursuant to part 30 of the revised school code, MCL
380.1711 to 380.1743, including a levy for debt service
obligations.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district, except that if a
district has elected not to come under part 30 of the revised
school code, MCL 380.1711 to 380.1743, membership and taxable value
of the district shall not be included in the membership and taxable
value of the intermediate district.
(2) From the allocation under section 51a(1), there is
allocated an amount not to exceed $37,758,100.00 each fiscal year
for 2015-2016 and for 2016-2017 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the
revised school code, MCL 380.1711 to 380.1743. The purpose, use,
and expenditure of the reimbursement shall be limited as if the
funds were generated by these millages and governed by the
intermediate district plan adopted pursuant to article 3 of the
revised school code, MCL 380.1701 to 380.1766. As a condition of
receiving funds under this section, an intermediate district
distributing any portion of special education millage funds to its
constituent districts shall submit for departmental approval and
implement a distribution plan.
(3) Reimbursement for those millages levied in 2014-2015 shall
be made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $174,400.00 $175,300.00
the 2014-2015
taxable value behind each membership pupil and multiplying the
resulting difference by the 2014-2015 millage levied.
(4) Reimbursement for those millages levied in 2015-2016 shall
be made in 2016-2017 at an amount per 2015-2016 membership pupil
computed by subtracting from $179,600.00 the 2015-2016 taxable
value behind each membership pupil and multiplying the resulting
difference by the 2015-2016 millage levied.
(5) (4)
The amount paid to a single
intermediate district
under this section shall not exceed 62.9% of the total amount
allocated under subsection (2).
(6) (5)
The amount paid to a single
intermediate district
under this section shall not be less than 75% of the amount
allocated to the intermediate district under this section for the
immediately preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $36,611,300.00 for 2015-2016
2016-2017 to reimburse on an added cost basis districts, except for
a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, and secondary area
vocational-technical education centers for secondary-level career
and technical education programs according to rules approved by the
superintendent. Applications for participation in the programs
shall be submitted in the form prescribed by the department. The
department shall determine the added cost for each career and
technical education program area. The allocation of added cost
funds shall be prioritized based on the capital and program
expenditures needed to operate the career and technical education
programs provided; the number of pupils enrolled; the advancement
of pupils through the instructional program; the existence of an
articulation agreement with at least 1 postsecondary institution
that provides pupils with opportunities to earn postsecondary
credit during the pupil's participation in the career and technical
education program and transfers those credits to the postsecondary
institution upon completion of the career and technical education
program; and the program rank in student placement, job openings,
and
wages, ; and the length of the training period provided, and
shall not exceed 75% of the added cost of any program.
Notwithstanding any rule or department determination to the
contrary, when determining a district's allocation or the formula
for making allocations under this section, the department shall
include the participation of pupils in grade 9 in all of those
determinations and in all portions of the formula. With the
approval of the department, the board of a district maintaining a
secondary career and technical education program may offer the
program for the period from the close of the school year until
September 1. The program shall use existing facilities and shall be
operated as prescribed by rules promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year,
districts and intermediate districts shall be reimbursed for local
career and technical education administration, shared time career
and technical education administration, and career education
planning district career and technical education administration.
The definition of what constitutes administration and reimbursement
shall be pursuant to guidelines adopted by the superintendent. Not
more than $800,000.00 of the allocation in subsection (1) shall be
distributed under this subsection.
(3) A career and technical education program funded under this
section may provide an opportunity for participants who are
eligible to be funded under section 107 to enroll in the career and
technical education program funded under this section if the
participation does not occur during regular school hours.
(4) In addition to the money allocated under subsection (1),
from the general fund money appropriated in section 11, there is
allocated for 2016-2017 an amount not to exceed $79,000.00 to an
eligible Michigan-approved 501(c)(3) organization for the purposes
of teaching or training restaurant management and culinary arts for
career and professional development. The department shall oversee
funds distributed to an eligible grantee under this section. As
used in this subsection, "eligible Michigan-approved 501(c)(3)
organization" means an organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, that provides curriculum and training to state-approved
career and technology education programs with classification of
instructional programs (CIP) codes in the 12.05XX category, and
that administers national certification for the purpose of
restaurant management and culinary arts for career and professional
development.
Sec. 61b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $10,000,000.00 $1,000,000.00 for
2015-2016 and there is allocated an amount not to exceed
$9,000,000.00 for 2016-2017 for CTE early/middle college and CTE
dual enrollment programs authorized under this section. The purpose
of these programs is to increase the number of Michigan residents
with high-quality degrees or credentials, and to increase the
number of students who are college and career ready upon high
school graduation.
(2) From the funds allocated under subsection (1), an amount
as determined under this subsection shall be allocated to each
intermediate district serving as a fiscal agent for state-approved
CTE early/middle college and CTE dual enrollment programs in each
of the prosperity regions and subregions identified by the
department. An intermediate district shall not use more than 5% of
the funds allocated under this subsection for administrative costs
for serving as the fiscal agent.
(3) To be an eligible fiscal agent, an intermediate district
must agree to do all of the following in a form and manner
determined by the department:
(a) Distribute funds to eligible CTE early/middle college and
CTE dual enrollment programs in a prosperity region or subregion as
described in this section.
(b) Collaborate with the talent district career council that
is located in the prosperity region or subregion to develop a
regional strategic plan under subsection (4) that aligns CTE
programs and services into an efficient and effective delivery
system for high school students.
(c) Implement a regional process to rank career clusters in
the prosperity region or subregion as described under subsection
(4). Regional processes shall be approved by the department before
the ranking of career clusters.
(d) Report CTE early/middle college and CTE dual enrollment
program and student data and information as prescribed by the
department.
(4) A regional strategic plan must be approved by the talent
district career council before submission to the department. A
regional strategic plan shall include, but not be limited to, the
following:
(a) An identification of regional employer need based on a
ranking of all career clusters in the prosperity region or
subregion ranked by 10-year job openings projections and median
wage for each standard occupational code in each career cluster as
obtained from the United States Bureau of Labor Statistics.
Standard occupational codes within high-ranking clusters also may
be further ranked by median wage. The rankings shall be reviewed by
the talent district career council located in the prosperity region
or subregion and modified if necessary to accurately reflect
employer demand for talent in the prosperity region or subregion. A
talent district career council shall document that it has conducted
this review and certify that it is accurate. These career cluster
rankings
shall be determined and updated once every 3 4 years.
(b) An identification of educational entities in the
prosperity region or subregion that will provide eligible CTE
early/middle college and CTE dual enrollment programs including
districts, intermediate districts, postsecondary institutions, and
noncredit occupational training programs leading to an industry-
recognized credential.
(c) A strategy to inform parents and students of CTE
early/middle college and CTE dual enrollment programs in the
prosperity region or subregion.
(d) Any other requirements as defined by the department.
(5)
An eligible CTE early/middle college program is a 5-year
high
school program that meets all of
the following:
(a) Has been identified in the highest 5 career cluster
rankings in any of the 10 regional strategic plans jointly approved
by the Michigan talent investment agency in the department of
talent and economic development and the department.
(b) Has a coherent sequence of courses that will allow a
student to earn a high school diploma and achieve at least 1 of the
following in a specific career cluster:
(i) An associate degree.
(ii) An industry-recognized technical certification approved
by the Michigan talent investment agency in the department of
talent and economic development.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered apprenticeship.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1
postsecondary institution that provides students with opportunities
to receive postsecondary credits during the student's participation
in the CTE early/middle college or CTE dual enrollment program and
transfers those credits to the postsecondary institution upon
completion of the CTE early/middle college or CTE dual enrollment
program.
(e) Provides instruction that is supervised, directed, or
coordinated by an appropriately certificated CTE teacher or, for
concurrent enrollment courses, a postsecondary faculty member.
(f) Provides for highly integrated student support services
that include at least the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and completion.
(iv) Career planning services provided by a local one-stop
service center as described in the Michigan works one-stop service
center system act, 2006 PA 491, MCL 408.111 to 408.135, or by a
high school counselor or advisor.
(g) Has courses that are taught on a college campus, are
college courses offered at the high school and taught by college
faculty, or are courses taught in combination with online
instruction.
(6) Funds to eligible CTE early/middle college and CTE dual
enrollment programs shall be distributed as follows:
(a) The department shall calculate statewide average CTE costs
per
full-time equated pupil for each career cluster CIP code
program by dividing total prior year statewide costs for each
career
cluster CIP code program by prior year full-time equated
pupils
for each career cluster.CIP
code program.
(b) Distribution to each eligible CTE early/middle college or
CTE dual enrollment program shall be the product of 50% of CTE
costs
per full-time equated pupil times the current year full-time
equated
pupil enrollment of each career
cluster in an eligible CTE
early/middle college or CTE dual enrollment program.
(7) In order to receive funds under this section, a CTE
early/middle college or CTE dual enrollment program shall furnish
to the intermediate district that is the fiscal agent identified in
subsection (1), in a form and manner determined by the department,
all information needed to administer this program and meet federal
reporting requirements; shall allow the department or the
department's designee to review all records related to the program
for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department.
(8) There is allocated from the funds under subsection (1) an
amount not to exceed $500,000.00 each fiscal year for 2015-2016 and
for 2016-2017 for grants to intermediate districts or consortia of
intermediate districts for the purpose of planning for new or
expanded early middle college programs. Applications for grants
shall be submitted in a form and manner determined by the
department. The amount of a grant under this subsection shall not
exceed $50,000.00. To be eligible for a grant under this
subsection, an intermediate district or consortia of intermediate
districts must provide matching funds equal to the grant received
under this subsection. Notwithstanding section 17b, payments under
this subsection may be made as determined by the department.
(9) (8)
Funds distributed under this
section may be used to
fund program expenditures that would otherwise be paid from
foundation allowances. A program receiving funding under section
61a may receive funding under this section for allowable costs that
exceed the reimbursement the program received under section 61a.
The combined payments received by a program under section 61a and
this section shall not exceed the total allowable costs of the
program. A program provider shall not use more than 5% of the funds
allocated under this section to the program for administrative
costs.
(10) (9)
If the allocation under subsection
(1) is
insufficient to fully fund payments as otherwise calculated under
this section, the department shall prorate payments under this
section on an equal percentage basis.
(11) (10)
If pupils enrolled in a career
cluster in an
eligible CTE early/middle college or CTE dual enrollment program
qualify to be reimbursed under this section, those pupils continue
to qualify for reimbursement until graduation, even if the career
cluster is no longer identified as being in the highest 5 career
cluster rankings.
(12) It is the intent of the legislature to provide funds in
2017-2018 to reimburse districts with early/middle college programs
for the added costs of providing both a high school diploma and an
associate's degree, industry-recognized certification, up to 60
transferable college credits, or participation in a registered
apprenticeship in less than 5 years.
(13) (11)
As used in this section:
(a) "Allowable costs" means those costs directly attributable
to the program as jointly determined by the Michigan talent
investment agency and the department.
(b) "CIP" means classification of instructional programs.
(c) (b)
"CTE" means career and
technical education programs.
(d) "CTE dual enrollment program" means a 4-year high school
program of postsecondary courses offered by eligible postsecondary
educational institutions that leads to an industry-recognized
certification or degree.
(e) "Early/middle college program" means a 5-year high school
program.
(f) "Eligible postsecondary educational institution" means
that term as defined in section 3 of the career and technical
preparation act, 2000 PA 258, MCL 388.1903.
(g) (c)
"Talent district career
council" means an advisory
council to the local workforce development boards located in a
prosperity region consisting of educational, employer, labor, and
parent representatives.
Sec. 61c. (1) From the general fund appropriation in section
11, there is allocated for 2016-2017 an amount not to exceed
$3,000,000.00 to career education planning districts for the CTE
skilled trades initiative under this section.
(2) To be eligible to receive funding under this section, each
CEPD shall apply in a form and manner determined by the department.
Funding to each CEPD shall be equal to the quotient of the
allocation under subsection (1) and the sum of the number of
cooperating educational policy districts applying for funding under
this section.
(3) The funding allocated to each CEPD shall be used to update
equipment in current CTE programs that are supporting and driving
economic development in their individual communities, or for new
and emerging certified CTE programs to allow CEPD administrators to
provide programming in communities that will enhance economic
development. The funding for equipment should be used to support
and enhance community areas that have sustained job growth, and act
as a commitment to build a more qualified and skilled workforce.
(4) The allocation of funds at the local level shall be
determined by CEPD administrators using data from the state,
region, and local sources to make well-informed decisions on
program equipment improvements. Grants awarded by CEPD
administrators for capital infrastructure shall be used to ensure
that CTE programs can deliver educational programs in high-wage,
high-skill, and high-demand occupations. Each CEPD shall continue
to ensure that program advisory boards make recommendations on
needed improvements for equipment that support job growth and job
skill development and retention for both the present and the
future.
(5) Not later than September 15 of each fiscal year, each CEPD
receiving funding under this section shall annually report to the
department, the senate and house appropriations subcommittees on
state school aid, and the senate and house fiscal agencies and
legislature on equipment purchased under this section. In addition,
the report shall identify growth data on program involvement,
retention, and development of student skills.
(6) In addition to the funds allocated under subsection (1),
from the funds appropriated under section 11, there is allocated
for 2016-2017 an amount not to exceed $200,000.00 to a district to
support a mechatronics program that operated in 2015-2016 for
updating mechatronics program equipment. To be eligible to receive
a grant under this subsection, a program shall be a flexible
learning program that offered in 2015-2016 both classroom and
hands-on training in mechatronics.
(7) As used in this section, "CEPD" means a career education
planning district described in this section.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area
vocational-technical education pursuant to sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690, including a levy
for debt service obligations incurred as the result of borrowing
for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district or area
vocational-technical education program, except that if a district
has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable
value of that district shall not be included in the membership and
taxable value of the intermediate district. However, the membership
and taxable value of a district that has elected not to come under
sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, shall be included in the membership and taxable value of
the intermediate district if the district meets both of the
following:
(i) The district operates the area vocational-technical
education program pursuant to a contract with the intermediate
district.
(ii) The district contributes an annual amount to the
operation of the program that is commensurate with the revenue that
would have been raised for operation of the program if millage were
levied in the district for the program under sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated
an amount not to exceed $9,190,000.00 each fiscal year for 2015-
2016 and for 2016-2017 to reimburse intermediate districts and area
vocational-technical education programs established under section
690(3) of the revised school code, MCL 380.690, levying millages
for area vocational-technical education pursuant to sections 681 to
690 of the revised school code, MCL 380.681 to 380.690. The
purpose, use, and expenditure of the reimbursement shall be limited
as if the funds were generated by those millages.
(3) Reimbursement for the millages levied in 2014-2015 shall
be made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $189,400.00 $192,200.00
the 2014-2015
taxable value behind each membership pupil and multiplying the
resulting difference by the 2014-2015 millage levied.
(4) Reimbursement for the millages levied in 2015-2016 shall
be made in 2016-2017 at an amount per 2015-2016 membership pupil
computed by subtracting from $196,300.00 the 2015-2016 taxable
value behind each membership pupil and multiplying the resulting
difference by the 2015-2016 millage levied.
(5) (4)
The amount paid to a single
intermediate district
under this section shall not exceed 38.4% of the total amount
allocated under subsection (2).
(6) (5)
The amount paid to a single
intermediate district
under this section shall not be less than 75% of the amount
allocated to the intermediate district under this section for the
immediately preceding fiscal year.
Sec. 63. From the appropriation under section 11, there is
allocated for 2016-2017 an amount not to exceed $250,000.00 for a
payment to an intermediate district that is participating in a
joint capital project with a local health department in which the
health department is constructing a new building on the
intermediate district's property that will have an enclosed hallway
to connect with a career and technical education center. This
allocation is to support the costs incurred by the intermediate
district due to this project.
Sec. 64b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $1,750,000.00 each fiscal year
for 2015-2016 and for 2016-2017 for supplemental payments to
districts that support the attendance of district pupils in grades
9 to 12 under the postsecondary enrollment options act, 1996 PA
160, MCL 388.511 to 388.524, or under the career and technical
preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, consistent
with section 21b, or that support the attendance of district pupils
in a concurrent enrollment program if the district meets the
requirements under subsection (3). Programs funded under this
section are intended to increase the number of pupils who are
college- and career-ready upon high school graduation.
(2) To be eligible for payments under this section for
supporting the attendance of district pupils under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, or under the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, a district shall do all of the
following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution before the enrollment of district pupils.
(c) Agree to pay all eligible charges pursuant to section 21b.
(d) Award high school credit for the postsecondary course if
the pupil successfully completes the course.
(3) To be eligible for payments under this section for pupils
enrolled in a concurrent enrollment program, a district shall do
all of the following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution establishing the concurrent enrollment program before
the enrollment of district pupils in a postsecondary course through
the postsecondary institution.
(c) Ensure that the course is taught by either a high school
teacher or postsecondary faculty pursuant to standards established
by the postsecondary institution with which the district has
entered into a written agreement to operate the concurrent
enrollment program.
(d) Ensure that the written agreement provides that the
postsecondary institution agrees not to charge the pupil for any
cost of the program.
(e) Ensure that the course is taught in the local district or
intermediate district.
(f) Ensure that the pupil is awarded both high school and
college
credit at any a community college or state public
university in this state upon successful completion of the course
as outlined in the agreement with the postsecondary institution.
(4) Funds shall be awarded to eligible districts under this
section in the following manner:
(a) A payment of $10.00 per credit, for up to 3 credits, for a
credit-bearing course in which a pupil enrolls during the 2015-2016
or 2016-2017 school year, as applicable, as described under either
subsection (2) or (3).
(b) An additional payment of $30.00 per-pupil per course
identified in subdivision (a), if the pupil successfully completes,
and is awarded both high school and postsecondary credit for, the
course during the 2015-2016 or 2016-2017 school year, as
applicable.
(5) A district requesting payment under this section shall
submit an application to the department in the form and manner
prescribed by the department. Notwithstanding section 17b, payments
under this section shall be made on a schedule determined by the
department.
Sec. 65. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed $340,000.00
for
2015-2016 2016-2017 for a pre-college engineering K-12
educational program that is focused on the development of a diverse
future Michigan workforce, that serves multiple communities within
southeast Michigan, that enrolls pupils from multiple districts,
and that received funds appropriated for this purpose in the
appropriations act that provided the Michigan strategic fund budget
for 2014-2015.
(2) To be eligible for funding under this section, a program
must have the ability to expose pupils to, and motivate and prepare
pupils for, science, technology, engineering, and mathematics
careers and postsecondary education with special attention given to
groups of pupils who are at-risk and underrepresented in technical
professions and careers.
Sec. 67. (1) From the general fund amount appropriated in
section 11, there is allocated an amount not to exceed
$3,600,000.00
for 2015-2016 $3,050,000.00
for 2016-2017 for college
and career preparation activities. The programs funded under this
section are intended to inform students of college and career
options and to provide a wide array of tools and resources intended
to increase the number of pupils who are adequately prepared with
the information needed to make informed decisions on college and
career. The funds appropriated under this section are intended to
be used to increase the number of Michigan residents with high-
quality degrees or credentials. Funds appropriated under this
section shall not be used to supplant funding for counselors
already funded by districts.
(2) From the amount allocated in subsection (1), an amount not
to exceed $3,000,000.00 shall be used for the college access
program. The talent investment agency of the department of talent
and economic development shall administer these funds in
collaboration with the Michigan college access network. These funds
may be used for any of the following purposes:
(a) Michigan college access network operations, programming,
and services to local college access networks.
(b) Local college access networks, which are community-based
college access/success partnerships committed to increasing the
college participation and completion rates within geographically
defined communities through a coordinated strategy.
(c) The Michigan college advising program, a program intended
to place trained, recently graduated college advisors in high
schools that serve significant numbers of low-income and first-
generation college-going pupils. State funds used for this purpose
may not exceed 33% of the total funds available under this
subsection.
(d) Subgrants of up to $5,000.00 to districts with
comprehensive high schools that establish a college access team and
implement specific strategies to create a college-going culture in
a high school in a form and manner approved by the Michigan college
access network and the Michigan talent investment agency.
(e) The Michigan college access portal, an online one-stop
portal to help pupils and families plan and apply for college.
(f) Public awareness and outreach campaigns to encourage low-
income and first-generation college-going pupils to take necessary
steps toward college and to assist pupils and families in
completing a timely and accurate free application for federal
student aid.
(g) Subgrants to postsecondary institutions to recruit, hire,
and train college student mentors and college advisors to assist
high school pupils in navigating the postsecondary planning and
enrollment process.
(3) From the amount allocated in subsection (1), an amount not
to
exceed $600,000.00 $50,000.00
shall be used for the purposes of
this
subsection. The talent investment agency of the department of
talent
and economic development shall administer these funds in
collaboration
with the Michigan college access network and the
Michigan
Virtual University to provide all of the following:
(a)
A pilot an outreach program to provide information to
pupils, parents, and educators on dual enrollment and other
opportunities available to high school pupils to earn postsecondary
credits, industry-recognized technical certifications, and
participation in registered apprenticeships at no cost.
(b)
An online career planning tool that meets all of the
following:
(i) Helps pupils create educational development plans
before
starting
high school.
(ii) Provides information to pupils allowing them to
make more
informed
choices about career and education options.
(iii) Is available to pupils at no cost.
(4) For the purposes of this section, "college" means any
postsecondary educational opportunity that leads to a career,
including, but not limited to, a postsecondary degree, industry-
recognized technical certification, or registered apprenticeship.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,315,700.00 for 2015-2016
$3,320,600.00 for 2016-2017 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
for each fiscal year the amount necessary for payments to state
supported colleges or universities and intermediate districts
providing school bus driver safety instruction pursuant to section
51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The
payments shall be in an amount determined by the department not to
exceed the actual cost of instruction and driver compensation for
each public or nonpublic school bus driver attending a course of
instruction. For the purpose of computing compensation, the hourly
rate allowed each school bus driver shall not exceed the hourly
rate received for driving a school bus. Reimbursement compensating
the driver during the course of instruction shall be made by the
department to the college or university or intermediate district
providing the course of instruction.
(3) From the allocation in subsection (1), there is allocated
for
2015-2016 2016-2017 the amount necessary to pay the reasonable
costs of nonspecial education auxiliary services transportation
provided pursuant to section 1323 of the revised school code, MCL
380.1323. Districts funded under this subsection shall not receive
funding under any other section of this article for nonspecial
education auxiliary services transportation.
(4) From the funds allocated in subsection (1), there is
allocated
an amount not to exceed $1,690,700.00 for 2015-2016
$1,695,600.00 for 2016-2017 for reimbursement to districts and
intermediate districts for costs associated with the inspection of
school buses and pupil transportation vehicles by the department of
state police as required under section 715a of the Michigan vehicle
code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of
state police shall prepare a statement of costs attributable to
each district for which bus inspections are provided and submit it
to the department and to an intermediate district serving as
fiduciary in a time and manner determined jointly by the department
and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated
intermediate district serving as fiduciary the amount of the
reimbursement on behalf of each district and intermediate district
for costs detailed on the statement within 45 days after receipt of
the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The
total reimbursement of costs under this subsection shall not exceed
the amount allocated under this subsection. Notwithstanding section
17b, payments to eligible entities under this subsection shall be
paid on a schedule prescribed by the department.
Sec. 81. (1) From the appropriation in section 11, there is
allocated
for 2015-2016 2016-2017 to the intermediate districts the
sum necessary, but not to exceed $67,108,000.00 to provide state
aid to intermediate districts under this section.
(2) From the allocation in subsection (1), there is allocated
for
2015-2016 2016-2017 an amount not to exceed $67,108,000.00 for
allocations to each intermediate district in an amount equal to
103.1%
100% of the amount allocated to the intermediate district
under
this subsection for 2014-2015. 2015-2016.
Funding provided
under this section shall be used to comply with requirements of
this article and the revised school code that are applicable to
intermediate districts, and for which funding is not provided
elsewhere in this article, and to provide technical assistance to
districts as authorized by the intermediate school board.
(3) Intermediate districts receiving funds under subsection
(2) shall collaborate with the department to develop expanded
professional development opportunities for teachers to update and
expand their knowledge and skills needed to support the Michigan
merit curriculum.
(4) From the allocation in subsection (1), there is allocated
to an intermediate district, formed by the consolidation or
annexation of 2 or more intermediate districts or the attachment of
a total intermediate district to another intermediate school
district or the annexation of all of the constituent K-12 districts
of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year
for each intermediate district included in the new intermediate
district for 3 years following consolidation, annexation, or
attachment.
(5) In order to receive funding under subsection (2), an
intermediate district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
pupil accounting and auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
rules, regulations, and district reporting procedures for the
individual-level student data that serves as the basis for the
calculation of the district and high school graduation and dropout
rates.
(c) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(d) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL
380.1230g.
(f) Comply with section 761 of the revised school code, MCL
380.761.
Sec. 94. (1) From the general fund appropriation in section
11,
there is allocated to the department for 2015-2016 2016-2017 an
amount not to exceed $250,000.00 for efforts to increase the number
of pupils who participate and succeed in advanced placement and
international baccalaureate programs.
(2) From the funds allocated under this section, the
department shall award funds to cover all or part of the costs of
advanced placement test fees or international baccalaureate test
fees and international baccalaureate registration fees for low-
income pupils who take an advanced placement or an international
baccalaureate test. Payments shall not exceed $20.00 per test
completed or $150.00 per international baccalaureate registration
fees per pupil registered.
(3) The department shall only award funds under this section
if the department determines that all of the following criteria are
met:
(a) Each pupil for whom payment is made meets eligibility
requirements of the federal advanced placement test fee program
under section 1701 of the no child left behind act of 2001, Public
Law 107-110, or under a corresponding provision of the every
student succeeds act, Public Law 114-95.
(b) The tests are administered by the college board, the
international baccalaureate organization, or another test provider
approved by the department.
(c) The pupil for whom payment is made pays at least $5.00
toward the cost of each test for which payment is made.
(4) The department shall establish procedures for awarding
funds under this section.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office
in the department of technology, management, and budget the center
for educational performance and information. The center shall do
all of the following:
(a) Coordinate the collection of all data required by state
and federal law from districts, intermediate districts, and
postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements
of subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities,
including, but not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders,
teachers, researchers, and the public in compliance with all
federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information,
allowing districts to assess individual teacher impact on student
performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for
regional data warehouses that, in combination with local data, can
improve teaching and learning in the classroom.
(iii) Research-ready data sets for researchers to perform
research that advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide public reports to the citizens of this state to
allow them to assess allocation of resources and the return on
their investment in the education system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts, intermediate districts, or
postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection
(1). This subsection does not apply to information collected by the
department of treasury under the uniform budgeting and accounting
act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal
finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to
388.1939; or section 1351a of the revised school code, MCL
380.1351a.
(3) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data
system required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from
preschool through postsecondary education and into the workforce.
(b) Supports interoperability by using standard data
structures, data formats, and data definitions to ensure linkage
and connectivity in a manner that facilitates the exchange of data
among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student
records so that an individual student may be matched with those
teachers providing instruction to that student.
(d) Enables the matching of individual teachers with
information about their certification and the institutions that
prepared and recommended those teachers for state certification.
(e) Enables data to be easily generated for continuous
improvement and decision-making, including timely reporting to
parents, teachers, and school leaders on student achievement.
(f) Ensures the reasonable quality, validity, and reliability
of data contained in the system.
(g) Provides this state with the ability to meet federal and
state reporting requirements.
(h) For data elements related to preschool through grade 12
and postsecondary, meets all of the following:
(i) Contains a unique statewide student identifier that does
not permit a student to be individually identified by users of the
system, except as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and
program participation information.
(iii) Contains student-level information about the points at
which students exit, transfer in, transfer out, drop out, or
complete education programs.
(iv) Has the capacity to communicate with higher education
data systems.
(i) For data elements related to preschool through grade 12
only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under
section 1111(b) of the elementary and secondary education act of
1965, 20 USC 6311, including information on individual students not
tested, by grade and subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the
extent to which individual students transition successfully from
secondary school to postsecondary education, including, but not
limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable
to a degree within 2 years of enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success
in postsecondary education.
(5) From the general fund appropriation in section 11, there
is
allocated an amount not to exceed $11,967,000.00 for 2015-2016
$12,173,200.00 for 2016-2017 to the department of technology,
management, and budget to support the operations of the center. In
addition, from the federal funds appropriated in section 11 there
is
allocated for 2015-2016 2016-2017
the amount necessary,
estimated at $193,500.00, to support the operations of the center
and to establish a P-20 longitudinal data system necessary for
state and federal reporting purposes. The center shall cooperate
with the department to ensure that this state is in compliance with
federal law and is maximizing opportunities for increased federal
funding to improve education in this state.
(6) From the funds allocated in subsection (5), the center may
use an amount determined by the center for competitive grants for
2015-2016
2016-2017 to support collaborative efforts on the P-20
longitudinal data system. All of the following apply to grants
awarded under this subsection:
(a) The center shall award competitive grants to eligible
intermediate districts or a consortium of intermediate districts
based on criteria established by the center.
(b) Activities funded under the grant shall support the P-20
longitudinal data system portal and may include portal hosting,
hardware and software acquisition, maintenance, enhancements, user
support and related materials, and professional learning tools and
activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection
for the immediately preceding fiscal year shall receive priority
for funding under this section. However, after 3 fiscal years of
continuous funding, an applicant is required to compete openly with
new applicants.
(7) Funds allocated under this section that are not expended
in the fiscal year in which they were allocated may be carried
forward to a subsequent fiscal year and are appropriated for the
purposes for which the funds were originally allocated.
(8) The center may bill departments as necessary in order to
fulfill reporting requirements of state and federal law. The center
may also enter into agreements to supply custom data, analysis, and
reporting to other principal executive departments, state agencies,
local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those
authorized in subsection (5) to cover the costs associated with
salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States Department of Education
Office of Elementary and Secondary Education.
(b) "State education agency" means the department.
Sec. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed
$7,387,500.00
for 2015-2016 2016-2017 for the purposes described in
this section. The Michigan Virtual University shall provide a
report to the legislature not later than November 1, 2016 that
includes its mission, its plans, and proposed benchmarks it must
meet, which shall include a plan to achieve a 50% increase in
documented improvement in each requirement of the Michigan Virtual
Learning Research Institute and Michigan Virtual School, and all
other organizational priorities identified in this section, in
order to receive full funding for 2017-2018. Not later than March
1, 2017, the Michigan Virtual University shall provide an update to
the house and senate appropriations subcommittees on school aid to
show the progress being made to meet the benchmarks identified.
(2) The Michigan Virtual University shall operate the Michigan
Virtual Learning Research Institute. The Michigan Virtual Learning
Research Institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend digital virtual education
delivery models for use by pupils and teachers that include age-
appropriate multimedia instructional content.
(iii) Research, develop, and recommend annually to the
department
criteria by which cyber schools and online virtual
course providers should be monitored and evaluated to ensure a
quality education for their pupils.
(iv) Based on pupil completion and performance data reported
to the department or the center for educational performance and
information
from cyber schools and other online virtual course
providers operating in this state, analyze the effectiveness of
online
virtual learning delivery models in preparing pupils to be
college- and career-ready and publish a report that highlights
enrollment totals, completion rates, and the overall impact on
pupils. The report shall be submitted to the house and senate
appropriations subcommittees on state school aid, the state budget
director,
the house and senate fiscal agencies, and the department,
districts, and intermediate districts not later than March 31,
2016.2017.
(v) Before August 31, 2016, 2017, provide
an extensive
professional
development program to at least 500 30,000 educational
personnel, including teachers, school administrators, and school
board
members, that focuses on the effective integration of digital
virtual learning into curricula and instruction. The Michigan
Virtual Learning Research Institute is encouraged to work with the
MiSTEM advisory council created under section 99s to coordinate
professional development of teachers in applicable fields. In
addition, the department shall coordinate with the Michigan Virtual
Learning Research Institute and external stakeholders for
professional development in this state. Not later than December 1,
2016,
2017, the Michigan Virtual Learning Research Institute
shall
submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, and the department on the number
and percentage of teachers, school administrators, and school board
members who have received professional development services from
the Michigan Virtual University. The report shall also identify
barriers and other opportunities to encourage the adoption of
digital
virtual learning in the public education system.
(vi) Identify and share best practices for planning,
implementing,
and evaluating online virtual
and blended education
delivery models with intermediate districts, districts, and public
school academies to accelerate the adoption of innovative education
delivery models statewide.
(b)
Provide leadership for this state's system of digital
virtual learning education by doing the following activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective
online
virtual learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies,
evaluations, and other information related to online
virtual learning.
(iii) Promote and distribute the most current instructional
design
standards and guidelines for online virtual teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements
related to effective digital virtual
learning
instruction.
(v) Pursue public/private partnerships that include districts
to
study and implement competency-based technology-rich online
virtual learning models.
(vi) Create a statewide network of school-based mentors
serving
as liaisons between pupils, online virtual instructors,
parents, and school staff, as provided by the department or the
center, and provide mentors with research-based training and
technical assistance designed to help more pupils be successful
online
virtual learners.
(vii) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers
and opportunities related to online virtual learning.
(viii) Produce an annual consumer awareness report for schools
and
parents about effective online virtual
education providers and
education delivery models, performance data, cost structures, and
research trends.
(ix) Research and establish an Internet-based internet-based
platform that educators can use to create student-centric learning
tools and resources and facilitate a user network that assists
educators in using the platform. As part of this initiative, the
Michigan Virtual University shall work collaboratively with
districts and intermediate districts to establish a plan to make
available
online virtual resources that align to Michigan's K-12
curriculum standards for use by students, educators, and parents.
(x) Create and maintain a public statewide catalog of online
virtual learning courses being offered by all public schools and
community colleges in this state. The Michigan Virtual Learning
Research Institute shall identify and develop a list of nationally
recognized
best practices for online virtual
learning and use this
list
to support reviews of online virtual
course vendors, courses,
and instructional practices. The Michigan Virtual Learning Research
Institute shall also provide a mechanism for intermediate districts
to use the identified best practices to review content offered by
constituent districts. The Michigan Virtual Learning Research
Institute
shall review the online virtual
course offerings of the
Michigan Virtual University, and make the results from these
reviews available to the public as part of the statewide catalog.
The Michigan Virtual Learning Research Institute shall ensure that
the statewide catalog is made available to the public on the
Michigan Virtual University website and shall allow the ability to
link it to each district's website as provided for in section 21f.
The statewide catalog shall also contain all of the following:
(A)
The number of enrollments in each online virtual course in
the immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total
course points for each online virtual
course in the
immediately preceding school year.
(C)
The completion rate for each online virtual course.
(xi) Develop prototype and pilot registration, payment
services, and transcript functionality to the statewide catalog and
train key stakeholders on how to use new features.
(xii) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
online
virtual learning under section 21f and make findings and
recommendations publicly available.
(xiii) Provide a report on the activities of the Michigan
Virtual Learning Research Institute.
(3)
To further enhance its expertise and leadership in digital
virtual learning, the Michigan Virtual University shall continue to
operate the Michigan Virtual School as a statewide laboratory and
quality
model of instruction by implementing online virtual and
blended learning solutions for Michigan schools in accordance with
the following parameters:
(a) The Michigan Virtual School must maintain its
accreditation status from recognized national and international
accrediting entities.
(b) The Michigan Virtual University shall use no more than
$1,000,000.00 of the amount allocated under this section to
subsidize
the cost paid by districts for online virtual courses.
(c) In providing educators responsible for the teaching of
online
virtual courses as provided for in this section, the
Michigan Virtual School shall follow the requirements to request
and assess, and the department of state police shall provide, a
criminal history check and criminal records check under sections
1230 and 1230a of the revised school code, MCL 380.1230 and
380.1230a, in the same manner as if the Michigan Virtual School
were a school district under those sections.
(4) If the course offerings are included in the statewide
catalog
of online virtual courses under subsection (2)(b)(ix), the
Michigan Virtual School operated by the Michigan Virtual University
may
offer online virtual course offerings, including, but not
limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) High school equivalency test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school
administrators, other school employees, and school board members.
(5) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the
Michigan Virtual School, the student may use the services provided
by the Michigan Virtual School to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(6) Not later than December 1 of each fiscal year, the
Michigan Virtual University shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan Virtual
School.
(b)
A list of online virtual course titles available to
districts.
(c)
The total number of online virtual
course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(7) In addition to the information listed in subsection (6),
the report under subsection (6) shall also include a plan to serve
at least 600 schools with courses from the Michigan Virtual School
or with content available through the internet-based platform
identified in subsection (2)(b)(ix).
(8) (7)
The governor may appoint an
advisory group for the
Michigan Virtual Learning Research Institute established under
subsection (2). The members of the advisory group shall serve at
the pleasure of the governor and shall serve without compensation.
The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the
Michigan Virtual University that will accelerate innovation in this
state's education system in a manner that will prepare elementary
and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(9) (8)
Not later than November 1, 2015,
2016, the Michigan
Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a detailed
budget
for the 2015-2016 2016-2017
fiscal year that includes a
breakdown
on its projected costs to deliver online virtual
educational services to districts and a summary of the anticipated
fees to be paid by districts for those services. Not later than
March 1 each year, the Michigan Virtual University shall submit to
the house and senate appropriations subcommittees on state school
aid, the state budget director, and the house and senate fiscal
agencies
a breakdown on its actual costs to deliver online virtual
educational services to districts and a summary of the actual fees
paid by districts for those services based on audited financial
statements for the immediately preceding fiscal year.
(10) (9)
As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment, in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
Internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional program of
online
virtual courses for pupils that may or may not require
attendance at a physical school location.
(c)
"Digital learning" means instruction delivered via a web-
based
educational delivery system that uses various information
technologies
to provide a structured learning environment,
including
online and blended learning instructional methods.
(c) (d)
"Online "Virtual course" means a course of study that
is
capable of generating a credit or a grade , and that
is provided
in
an interactive Internet-connected learning environment , in
which the majority of the curriculum is delivered using the
Internet
and in which pupils are separated from
their teachers
instructor
or teacher of record by time or
location, or both. , and
in
which a teacher who holds a valid Michigan teaching certificate
is
responsible for providing instruction, determining appropriate
instructional
methods for each pupil, diagnosing learning needs,
assessing
pupil learning, prescribing intervention strategies,
reporting
outcomes, and evaluating the effects of instruction and
support
strategies.
Sec. 99h. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $2,000,000.00 $2,500,000.00 for
2015-2016
2016-2017 for competitive grants to districts that
provide
pupils in grades 7 K to 12 with expanded opportunities to
improve mathematics, science, and technology skills by
participating in events hosted by a science and technology
development program known as FIRST (for inspiration and recognition
of science and technology) robotics, including JR FIRST Lego
League, FIRST Lego League, FIRST tech challenge, and FIRST Robotics
competition. Programs funded under this section are intended to
increase the number of pupils demonstrating proficiency in science
and mathematics on the state assessments and to increase the number
of pupils who are college- and career-ready upon high school
graduation.
(2)
A district applying for a FIRST tech challenge or FIRST
robotics
competition program grant under this section shall submit
an application in a form and manner determined by the department.
To be eligible for a grant, a district shall demonstrate in its
application that the district has established a partnership for the
purposes of the FIRST program with at least 1 sponsor, business
entity, higher education institution, or technical school, shall
submit a spending plan, and shall pay at least 25% of the cost of
the FIRST robotics program.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a) Grants to districts to pay for stipends of $1,500.00 for 1
coach
per team. , distributed as follows:
(i) Not more than 500 stipends for coaches of high
school
teams,
including existing teams.
(ii) Not more than 100 stipends for coaches of middle
school
or
junior high teams, including existing teams.
(iii) If the
requests for stipends exceed the numbers of
stipends
allowed, under subparagraphs (i) and (ii), and
if there is
funding remaining unspent under subdivisions (b) and (c), the
department shall use that remaining unspent funding for grants to
districts to pay for additional stipends in a manner that expands
the geographical distribution of teams.
(b) Grants to districts for event registrations, materials,
travel costs, and other expenses associated with the preparation
for
and attendance at FIRST tech challenge and FIRST robotics
events and competitions. Each grant recipient shall provide a local
match from other private or local funds for the funds received
under this subdivision equal to at least 50% of the costs of
participating in an event. The department shall set maximum grant
amounts under this subdivision in a manner that maximizes the
number of teams that will be able to receive funding.
(c) Grants to districts for awards to teams that advance to
the state and world championship competitions. The department shall
determine an equal amount per team for those teams that advance to
the state championship and a second equal award amount to those
teams that advance to the world championship.
(4) The funds allocated under this section are a work project
appropriation,
and any unexpended funds for 2015-2016 2016-2017 are
carried
forward into 2016-2017. 2017-2018.
The purpose of the work
project is to continue to implement the projects described under
subsection (1). The estimated completion date of the work project
is
September 30, 2018.2019.
Sec. 99s. (1) From the funds appropriated under section 11,
there
is allocated for 2015-2016 2016-2017
an amount not to exceed
$3,250,000.00
$3,000,000.00 from the state school aid fund
appropriation
and an amount not to exceed $775,000.00 $1,300,000.00
from the general fund appropriation for Michigan science,
technology, engineering, and mathematics (MiSTEM) programs. In
addition, from the federal funds appropriated in section 11, there
is
allocated for 2015-2016 2016-2017
an amount estimated at
$5,249,300.00 from DED-OESE, title II, mathematics and science
partnership grants. Programs funded under this section are intended
to increase the number of pupils demonstrating proficiency in
science and mathematics on the state assessments and to increase
the number of pupils who are college- and career-ready upon high
school graduation.
(2) From the general fund allocation in subsection (1), there
is allocated an amount not to exceed $50,000.00 to the department
for administrative, training, and travel costs related to the
MiSTEM advisory council. All of the following apply to the MiSTEM
advisory council funded under this subsection:
(a) The MiSTEM advisory council is created. The MiSTEM
advisory council shall provide to the governor, legislature,
department of talent and economic development, and department
recommendations designed to improve and promote innovation in STEM
education and to prepare students for careers in science,
technology, engineering, and mathematics.
(b) The MiSTEM advisory council created under subdivision (a)
shall consist of the following members:
(i) The governor shall appoint 11 voting members who are
representative of business sectors that are important to Michigan's
economy and rely on a STEM-educated workforce, nonprofit
organizations and associations that promote STEM education, K-12
and postsecondary education entities involved in STEM-related
career education, or other sectors as considered appropriate by the
governor. Each of these members shall serve at the pleasure of the
governor and for a term determined by the governor.
(ii) The senate majority leader shall appoint 2 members of the
senate to serve as nonvoting, ex-officio members of the MiSTEM
advisory council, including 1 majority party member and 1 minority
party member.
(iii) The speaker of the house of representatives shall
appoint 2 members of the house of representatives to serve as
nonvoting, ex-officio members of the MiSTEM advisory council,
including 1 majority party member and 1 minority party member.
(c) Each member of the MiSTEM advisory council shall serve
without compensation.
(d) The MiSTEM advisory council shall recommend to the
governor, the legislature, and the department a statewide strategy
for delivering STEM education-related opportunities to pupils and
objective
criteria for determining preferred STEM programs. The
MiSTEM
advisory council also shall make funding recommendations to
the
governor, legislature, and department for funding programs
under
this section for 2016-2017 not later than March 1, 2016,
including,
but not limited to, recommendations concerning funding
for
the STEM programs funded under this section for 2015-2016, and
shall
continue to make funding recommendations annually
thereafter.The MiSTEM advisory council shall use funds
received
under this subsection to purchase training for its members or their
designees from the Change the Equation STEMworks rating system
program for the purpose of rating STEM programs.
(e) Not later than October 15 of each fiscal year, the MiSTEM
advisory council shall provide STEM quality ratings for programs
recommended for funding under subsection (3). The MiSTEM advisory
council shall make specific funding recommendations for the funds
allocated under subsection (3) by December 15 of each fiscal year.
The amount of each grant recommended shall not exceed $250,000.00.
(f) If the MiSTEM advisory council is unable to make specific
funding recommendations by December 15 of a fiscal year, the
department shall distribute the funds allocated under subsection
(3) on a competitive grant basis that at least follows the quality
guidelines and priority areas recommended by the MiSTEM advisory
council. Each grant shall not exceed $250,000.00 and must provide
STEM education-related opportunities for pupils.
(g) (e)
The MiSTEM advisory council shall
work with directors
of
mathematics and science centers funded under subsection (3) (4)
to connect educators with businesses, workforce developers,
economic developers, community colleges, and universities.
(3) From the general fund money allocated under subsection
(1), there is allocated for 2016-2017 an amount not to exceed
$1,000,000.00 for the purpose of funding programs under this
section for 2016-2017, as recommended by the MiSTEM advisory
council.
(4) (3)
From the state school aid fund
allocation under
subsection
(1), there is allocated for 2015-2016 2016-2017 an
amount not to exceed $2,750,000.00 to support the activities and
programs of mathematics and science centers. In addition, from the
federal funds allocated under subsection (1), there is allocated
for
2015-2016 2016-2017 an amount estimated at $5,249,300.00 from
DED-OESE, title II, mathematics and science partnership grants, for
the purposes of this subsection. All of the following apply to the
programs and funding under this subsection:
(a) Within a service area designated locally, approved by the
department, and consistent with the comprehensive master plan for
mathematics and science centers developed by the department and
approved by the state board, an established mathematics and science
center shall provide 2 or more of the following 6 basic services,
as described in the master plan, to constituent districts and
communities: leadership, pupil services, curriculum support,
community involvement, professional development, and resource
clearinghouse services.
(b) The department shall not award a state grant under this
subsection to more than 1 mathematics and science center located in
a designated region as prescribed in the 2007 master plan unless
each of the grants serves a distinct target population or provides
a service that does not duplicate another program in the designated
region.
(c) As part of the technical assistance process, the
department shall provide minimum standard guidelines that may be
used by the mathematics and science center for providing fair
access for qualified pupils and professional staff as prescribed in
this subsection.
(d) Allocations under this subsection to support the
activities and programs of mathematics and science centers shall be
continuing support grants to all 33 established mathematics and
science
centers. For 2015-2016, 2016-2017,
each established
mathematics
and science center that was funded for 2014-2015 under
former
section 99 shall receive state
funding in an amount equal to
100% of the amount it was allocated under former section 99 for
2014-2015.
2015-2016. If a center declines state funding or a
center closes, the remaining money available under this subsection
shall be distributed to the remaining centers, as determined by the
department.
(e) From the funds allocated under this subsection, the
department
shall distribute for 2015-2016 2016-2017
an amount not
to exceed $750,000.00 in a form and manner determined by the
department to those centers able to provide curriculum and
professional development support to assist districts in
implementing the Michigan merit curriculum components for
mathematics and science. Funding under this subdivision is in
addition to funding allocated under subdivision (d).
(f) In order to receive state or federal funds under this
subsection, a grant recipient shall allow access for the department
or the department's designee to audit all records related to the
program for which it receives those funds. The grant recipient
shall reimburse the state for all disallowances found in the audit.
(g)
Not later than September 30, 2018, 2017, the department
shall
reevaluate and update work
with the MiSTEM advisory council
to revise the comprehensive master plan described in subdivision
(a) to ensure that the comprehensive master plan is in compliance
with the statewide strategy developed by the council under
subsection (2)(d). The comprehensive master plan shall include a
review of the feasibility of consolidating and reducing the number
of mathematics and science centers.
(h) The department shall give preference in awarding the
federal grants allocated under this subsection to eligible existing
mathematics and science centers.
(i) In order to receive state funds under this subsection, a
grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this
subsection.
(j) Not later than July 1 of each year, a mathematics and
science center that receives funds under this subsection shall
report to the department in a form and manner prescribed by the
department on the following performance measures:
(i) Statistical change in pre- and post-assessment scores for
students who enrolled in mathematics and science activities
provided to districts by the mathematics and science center.
(ii) Statistical change in pre- and post-assessment scores for
teachers who enrolled in professional development activities
provided by the mathematics and science center.
(k) As used in this subsection:
(i) "DED" means the United States Department of Education.
(ii) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(4)
From the general fund money allocated under subsection
(1),
there is allocated for 2015-2016 an amount not to exceed
$100,000.00
to the Michigan STEM partnership, to be used to
administer
the grant process under this subsection. From the
general
fund money allocated in subsection (1), there is allocated
for
2015-2016 an amount not to exceed $375,000.00 to the Michigan
STEM
partnership to be used for a competitive grant process to
award
competitive grants to organizations conducting student-
focused,
project-based programs and competitions, either in the
classroom
or extracurricular, in science, technology, engineering,
and
mathematics subjects such as, but not limited to, robotics,
coding,
and design-build-test projects, from pre-kindergarten
through
college level. All of the following apply to the grant
funding
under this subsection:
(a)
Funding under this subsection is in addition to funding
allocated
under subsection (3) and shall be used for connecting
mathematics
and science centers for science, technology,
engineering,
and mathematics purposes and to support the goals of
the
Michigan STEM partnership.
(b)
A program receiving funds under section 99h may not
receive
funds under this subsection.
(c)
In order to receive state funds under this subsection, a
grant
recipient shall provide at least a 10% local match from local
public
or private resources for the funds received under this
subsection.
(5)
From the funds allocated under subsection (1), there is
allocated
an amount not to exceed $250,000.00 for 2015-2016 only
for
grants to districts to support professional development for
teachers
in a department-approved training program for science,
technology,
engineering, and mathematics (STEM) instruction. All of
the
following apply to the grant funding under this subsection:
(a)
Any district may apply for funding under this subsection
for
2015-2016 by a date determined by the department. In awarding
grants,
the department shall give priority, in a form and manner
determined
by the department, to applicant districts with teachers
who
have not previously received training in programs funded under
this
subsection or former section 99b.
(b)
For a training program to be approved by the department
for
the purposes of this subsection, the program shall meet all of
the
following criteria:
(i) Utilize an integrative STEM approach to content
organization
and delivery. The integrative STEM approach shall
include
content derived from science, technology, engineering, and
mathematics.
(ii) Offer evidence that the program outcomes address
mathematics,
science, and technological literacy standards in an
exploratory
middle school or high school offering.
(iii) Offer evidence that the program positively
influences
student
career choices along STEM career paths and increases
student
engagement through peer-reviewed research.
(iv) Present evidence of the periodic updating of the
curriculum.
(v) Utilize outcome measures for teacher professional
development.
(vi) Provide peer-reviewed evidence that the program is
effective
with disadvantaged students and those with language
barriers.
(c)
The department shall award grants to districts in an
amount
determined by the department, but not to exceed $3,200.00
per
participant.
(d)
A district receiving funds under this subsection shall use
the
funds only for department-approved training programs under this
subsection.
(5) (6)
From the allocations under
subsection (1), there is
allocated
an amount not to exceed $250,000.00 for 2015-2016 only
$250,000.00 for 2016-2017 for competitive grants to districts that
provide pupils in grades K to 12 with expanded opportunities in
science education and skills by participating in events and
competitions hosted by Science Olympiad. All of the following apply
to the grant funding under this subsection:
(a) A district applying for a grant under this subsection
shall submit an application in the form and manner determined by
the
department not later than November 15, 2015. 2016. The
department shall select districts for grants and make notification
not
later than December 15, 2015. 2016.
To be eligible for a grant,
a district shall pay at least 25% of the cost of participating in
the Science Olympiad program.
(b) The department shall distribute the grant funding
allocated under this subsection for the following purposes:
(i) Grants to districts of up to $800.00 for per new
elementary
teams.team.
(ii) Grants to districts of up to $400.00 for per established
elementary
teams.team.
(iii) Grants to districts of up to $1,600.00 for per new
secondary
teams.team.
(iv) Grants to districts of up to $800.00 for per established
secondary
teams.team.
(6) (7)
From the general fund allocation
under subsection (1),
there
is allocated an amount not to exceed $250,000.00 for 2015-
2016
only 2016-2017 for a grant to the Van Andel Education
Institute for the purposes of advancing and promoting science
education and increasing the number of students who choose to
pursue careers in science or science-related fields. Funds
allocated under this subsection shall be used to provide
professional development for science teachers in using student-
driven, inquiry-based instruction.
Sec. 99t. (1) From the general fund appropriation under
section 11, there is allocated an amount not to exceed
$1,500,000.00 for 2016-2017 to purchase statewide access to an
online algebra tool that meets all of the following:
(a) Provides students statewide with complete access to videos
aligned with state standards including study guides and workbooks
that are aligned with the videos.
(b) Provides students statewide with access to a personalized
online algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic algebra practice
assessments that emulate the state assessment with immediate
feedback and help solving problems.
(d) Provides students statewide with online access to algebra
help 24 hours a day and 7 days a week from study experts, teachers,
and peers on a moderated social networking platform.
(e) Provides an online algebra professional development
network for teachers.
(f) Is already provided under a statewide contract in at least
1 other state.
(2) The department shall choose the online algebra tool by
October 1, 2016.
Sec. 101. (1) To be eligible to receive state aid under this
article, not later than the fifth Wednesday after the pupil
membership count day and not later than the fifth Wednesday after
the supplemental count day, each district superintendent shall
submit to the center and the intermediate superintendent, in the
form and manner prescribed by the center, the number of pupils
enrolled and in regular daily attendance in the district as of the
pupil membership count day and as of the supplemental count day, as
applicable, for the current school year. In addition, a district
maintaining school during the entire year, as provided under
section 1561 of the revised school code, MCL 380.1561, shall submit
to the center and the intermediate superintendent, in the form and
manner prescribed by the center, the number of pupils enrolled and
in regular daily attendance in the district for the current school
year pursuant to rules promulgated by the superintendent. Not later
than the sixth Wednesday after the pupil membership count day and
not later than the sixth Wednesday after the supplemental count
day, the district shall certify the data in a form and manner
prescribed by the center and file the certified data with the
intermediate superintendent. If a district fails to submit and
certify the attendance data, as required under this subsection, the
center shall notify the department and state aid due to be
distributed under this article shall be withheld from the
defaulting district immediately, beginning with the next payment
after the failure and continuing with each payment until the
district complies with this subsection. If a district does not
comply with this subsection by the end of the fiscal year, the
district forfeits the amount withheld. A person who willfully
falsifies a figure or statement in the certified and sworn copy of
enrollment shall be punished in the manner prescribed by section
161.
(2) To be eligible to receive state aid under this article,
not later than the twenty-fourth Wednesday after the pupil
membership count day and not later than the twenty-fourth Wednesday
after the supplemental count day, an intermediate district shall
submit to the center, in a form and manner prescribed by the
center, the audited enrollment and attendance data for the pupils
of its constituent districts and of the intermediate district. If
an intermediate district fails to submit the audited data as
required under this subsection, state aid due to be distributed
under this article shall be withheld from the defaulting
intermediate district immediately, beginning with the next payment
after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an
intermediate district does not comply with this subsection by the
end of the fiscal year, the intermediate district forfeits the
amount withheld.
(3) Except as otherwise provided in subsections (11) and (12),
all of the following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each
district shall provide at least 1,098 hours and, beginning in 2010-
2011, the required minimum number of days of pupil instruction.
Beginning in 2014-2015, the required minimum number of days of
pupil instruction is 175. However, all of the following apply to
these requirements:
(i) If a collective bargaining agreement that provides a
complete school calendar was in effect for employees of a district
as of July 1, 2013, and if that school calendar is not in
compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that
collective bargaining agreement. If a district entered into a
collective bargaining agreement on or after July 1, 2013 and if
that collective bargaining agreement did not provide for at least
175 days of pupil instruction beginning in 2014-2015, then the
department shall withhold from the district's total state school
aid an amount equal to 5% of the funding the district receives in
2014-2015 under sections 22a and 22b.
(ii) A district may apply for a waiver under subsection (9)
from the requirements of this subdivision.
(b) Beginning in 2016-2017, the required minimum number of
days of pupil instruction is 180. If a collective bargaining
agreement that provides a complete school calendar was in effect
for employees of a district as of the effective date of the
amendatory act that added this subdivision, and if that school
calendar is not in compliance with this subdivision, then this
subdivision does not apply to that district until after the
expiration of that collective bargaining agreement. A district may
apply for a waiver under subsection (9) from the requirements of
this subdivision.
(c) Except as otherwise provided in this article, a district
failing to comply with the required minimum hours and days of pupil
instruction under this subsection shall forfeit from its total
state aid allocation an amount determined by applying a ratio of
the number of hours or days the district was in noncompliance in
relation to the required minimum number of hours and days under
this subsection. Not later than August 1, the board of each
district shall either certify to the department that the district
was in full compliance with this section regarding the number of
hours and days of pupil instruction in the previous school year, or
report to the department, in a form and manner prescribed by the
center, each instance of noncompliance. If the district did not
provide at least the required minimum number of hours and days of
pupil instruction under this subsection, the deduction of state aid
shall be made in the following fiscal year from the first payment
of state school aid. A district is not subject to forfeiture of
funds under this subsection for a fiscal year in which a forfeiture
was already imposed under subsection (6).
(d) Hours or days lost because of strikes or teachers'
conferences shall not be counted as hours or days of pupil
instruction.
(e) If a collective bargaining agreement that provides a
complete school calendar is in effect for employees of a district
as of October 19, 2009, and if that school calendar is not in
compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that
collective bargaining agreement.
(f) Except as otherwise provided in subdivisions (g) and (h),
a district not having at least 75% of the district's membership in
attendance on any day of pupil instruction shall receive state aid
in that proportion of 1/180 that the actual percent of attendance
bears to the specified percentage.
(g) If a district adds 1 or more days of pupil instruction to
the end of its instructional calendar for a school year to comply
with subdivision (a) because the district otherwise would fail to
provide the required minimum number of days of pupil instruction
even after the operation of subsection (4) due to conditions not
within the control of school authorities, then subdivision (f) does
not apply for any day of pupil instruction that is added to the end
of the instructional calendar. Instead, for any of those days, if
the district does not have at least 60% of the district's
membership in attendance on that day, the district shall receive
state aid in that proportion of 1/180 that the actual percentage of
attendance bears to the specified percentage. For any day of pupil
instruction added to the instructional calendar as described in
this subdivision, the district shall report to the department the
percentage of the district's membership that is in attendance, in
the form and manner prescribed by the department.
(h) At the request of a district that operates a department-
approved alternative education program and that does not provide
instruction for pupils in all of grades K to 12, the superintendent
shall grant a waiver from the requirements of subdivision (f). The
waiver shall indicate that an eligible district is subject to the
proration provisions of subdivision (f) only if the district does
not have at least 50% of the district's membership in attendance on
any day of pupil instruction. In order to be eligible for this
waiver, a district must maintain records to substantiate its
compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction
as required under this section.
(ii) For each enrolled pupil, the district uses appropriate
academic assessments to develop an individual education plan that
leads to a high school diploma.
(iii) The district tests each pupil to determine academic
progress at regular intervals and records the results of those
tests in that pupil's individual education plan.
(i) All of the following apply to a waiver granted under
subdivision (h):
(i) If the waiver is for a blended model of delivery, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the
superintendent.
(ii) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least
1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours
during a school year, a waiver that is granted for the 2011-2012
fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph
(i) or (ii) is valid for 1 fiscal year and must be renewed annually
to remain in effect.
(j) The superintendent shall promulgate rules for the
implementation of this subsection.
(4) Except as otherwise provided in this subsection, the first
6 days or the equivalent number of hours for which pupil
instruction is not provided because of conditions not within the
control of school authorities, such as severe storms, fires,
epidemics, utility power unavailability, water or sewer failure, or
health conditions as defined by the city, county, or state health
authorities, shall be counted as hours and days of pupil
instruction. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil
instruction for a fiscal year not more than 3 additional days or
the equivalent number of additional hours for which pupil
instruction is not provided in a district due to unusual and
extenuating occurrences resulting from conditions not within the
control of school authorities such as those conditions described in
this subsection. Subsequent such hours or days shall not be counted
as hours or days of pupil instruction.
(5) A district shall not forfeit part of its state aid
appropriation because it adopts or has in existence an alternative
scheduling program for pupils in kindergarten if the program
provides at least the number of hours required under subsection (3)
for a full-time equated membership for a pupil in kindergarten as
provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this
section, if at any time the department determines that 1 or more of
the following have occurred in a district, the district shall
forfeit in the current fiscal year beginning in the next payment to
be calculated by the department a proportion of the funds due to
the district under this article that is equal to the proportion
below the required minimum number of hours and days of pupil
instruction under subsection (3), as specified in the following:
(a) The district fails to operate its schools for at least the
required minimum number of hours and days of pupil instruction
under subsection (3) in a school year, including hours and days
counted under subsection (4).
(b) The board of the district takes formal action not to
operate its schools for at least the required minimum number of
hours and days of pupil instruction under subsection (3) in a
school year, including hours and days counted under subsection (4).
(7) In providing the minimum number of hours and days of pupil
instruction required under subsection (3), a district shall use the
following guidelines, and a district shall maintain records to
substantiate its compliance with the following guidelines:
(a) Except as otherwise provided in this subsection, a pupil
must be scheduled for at least the required minimum number of hours
of instruction, excluding study halls, or at least the sum of 90
hours plus the required minimum number of hours of instruction,
including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a
block schedule may be considered instructional time, unless that
time is determined in an audit to be a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil
in grades 9 to 12 for whom a reduced schedule is determined to be
in the individual pupil's best educational interest must be
scheduled for a number of hours equal to at least 80% of the
required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil. A pupil in grades 9 to 12
who is scheduled in a 4-block schedule may receive a reduced
schedule under this subsection if the pupil is scheduled for a
number of hours equal to at least 75% of the required minimum
number of hours of pupil instruction to be considered a full-time
equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a
cooperative education program or a special education pupil cannot
receive the required minimum number of hours of pupil instruction
solely because of travel time between instructional sites during
the school day, that travel time, up to a maximum of 3 hours per
school week, shall be considered to be pupil instruction time for
the purpose of determining whether the pupil is receiving the
required minimum number of hours of pupil instruction. However, if
a district demonstrates to the satisfaction of the department that
the travel time limitation under this subdivision would create
undue costs or hardship to the district, the department may
consider more travel time to be pupil instruction time for this
purpose.
(e) In grades 7 through 12, instructional time that is part of
a junior reserve officer training corps (JROTC) program shall be
considered to be pupil instruction time regardless of whether the
instructor is a certificated teacher if all of the following are
met:
(i) The instructor has met all of the requirements established
by the United States Department of Defense and the applicable
branch of the armed services for serving as an instructor in the
junior reserve officer training corps program.
(ii) The board of the district or intermediate district
employing or assigning the instructor complies with the
requirements of sections 1230 and 1230a of the revised school code,
MCL 380.1230 and 380.1230a, with respect to the instructor to the
same extent as if employing the instructor as a regular classroom
teacher.
(8) Except as otherwise provided in subsections (11) and (12),
the department shall apply the guidelines under subsection (7) in
calculating the full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal
year, the superintendent shall waive for a district the minimum
number of hours and days of pupil instruction requirement of
subsection (3) for a department-approved alternative education
program or another innovative program approved by the department,
including a 4-day school week. If a district applies for and
receives a waiver under this subsection and complies with the terms
of the waiver, the district is not subject to forfeiture under this
section for the specific program covered by the waiver. If the
district does not comply with the terms of the waiver, the amount
of the forfeiture shall be calculated based upon a comparison of
the number of hours and days of pupil instruction actually provided
to the minimum number of hours and days of pupil instruction
required under subsection (3). Pupils enrolled in a department-
approved alternative education program under this subsection shall
be reported to the center in a form and manner determined by the
center. All of the following apply to a waiver granted under this
subsection:
(a) If the waiver is for a blended model of delivery, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the
superintendent.
(b) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least
1,098 hours during a school year and ensures that each pupil is on
track for course completion at proficiency level, a waiver that is
granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a)
or (b) is valid for 1 fiscal year and must be renewed annually to
remain in effect.
(10) Until 2014-2015, a district may count up to 38 hours of
qualifying professional development for teachers as hours of pupil
instruction. However, if a collective bargaining agreement that
provides for the counting of up to 38 hours of qualifying
professional development for teachers as pupil instruction is in
effect for employees of a district as of July 1, 2013, then until
the school year that begins after the expiration of that collective
bargaining agreement a district may count up to the contractually
specified number of hours of qualifying professional development
for teachers as hours of pupil instruction. Professional
development provided online is allowable and encouraged, as long as
the instruction has been approved by the district. The department
shall issue a list of approved online professional development
providers, which shall include the Michigan Virtual School. As used
in this subsection, "qualifying professional development" means
professional development that is focused on 1 or more of the
following:
(a) Achieving or improving adequate yearly progress as defined
under the no child left behind act of 2001, Public Law 107-110.
(b) Achieving accreditation or improving a school's
accreditation status under section 1280 of the revised school code,
MCL 380.1280.
(c) Achieving highly qualified teacher status as defined under
the no child left behind act of 2001, Public Law 107-110.
(d) Integrating technology into classroom instruction.
(e) Maintaining teacher certification.
(11) Subsections (3) and (8) do not apply to a school of
excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551, and is in compliance with section
553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils
enrolled in a dropout recovery program that meets the requirements
of section 23a. As used in this subsection, "eligible pupil" means
that term as defined in section 23a.
(13) Beginning in 2013, at least every 2 years the
superintendent shall review the waiver standards set forth in the
pupil accounting and auditing manuals to ensure that the waiver
standards and waiver process continue to be appropriate and
responsive to changing trends in online learning. The
superintendent shall solicit and consider input from stakeholders
as part of this review.
Sec. 102d. (1) From the funds appropriated in section 11,
there
is allocated an amount not to exceed $1,500,000.00 for 2015-
2016
2016-2017 for reimbursements to districts and intermediate
districts for the licensing of school data analytical tools as
described under this section. The reimbursement is for districts
and intermediate districts that choose to use a school data
analytical tool to assist the district or intermediate district and
that enter into a licensing agreement for a school data analytical
tool with 1 of the vendors approved by the department of
technology, management, and budget under subsection (2). Funds
allocated under this section are intended to provide districts and
intermediate districts with financial forecasting and transparency
reporting tools to help improve the financial health of districts
and to improve communication with the public, resulting in
increased fund balances for districts and intermediate districts.
(2)
Not later than October 15, 2015, 2016, the department of
technology, management, and budget shall review vendors for school
data analytical tools and provide districts and intermediate
districts
with a list of at least 2 and up
to 4 2 approved vendors
that districts and intermediate districts may use to be eligible
for
a reimbursement paid under this section. For a vendor to be
approved
under this section, the department of technology,
management,
and budget must determine that the In
addition, a
vendor approved under this section for 2015-2016 is considered to
be approved for use by a district or intermediate district and for
reimbursement for 2016-2017. An approved school data analytical
tool
supplied by the vendor meets must
meet at least all of the
following:
(a) Analyzes financial data.
(b) Analyzes academic data.
(c) Provides early warning indicators of financial stress.
(d) Has the capability to provide peer district comparisons of
both financial and academic data.
(e) Has the capability to provide financial projections for at
least 3 subsequent fiscal years.
(3) Funds allocated under this section shall be paid to
districts and intermediate districts as a reimbursement for already
having a licensing agreement or for entering into a licensing
agreement
not later than December 1, 2015 2016
with a vendor
approved under subsection (2) to implement a school data analytical
tool. Reimbursement will be prorated for the portion of the state
fiscal year not covered by the licensing agreement. However, a
licensing agreement that takes effect after October 1, 2016 and
before December 1, 2016 will not be prorated if the term of the
agreement is at least 1 year. Reimbursement under this section
shall
be made on an equal per-pupil basis.as follows:
(a) All districts and intermediate districts seeking
reimbursement shall submit requests not later than December 1, 2016
indicating the cost paid for the financial data analytical tool.
(b) The department shall determine the sum of the funding
requests under subdivision (a) and, if there are sufficient funds,
shall pay 1/2 of the costs submitted under subdivision (a). If
there are insufficient funds to pay 1/2 of the costs submitted
under (a), then reimbursement shall be made on an equal percentage
basis.
(c) Funds remaining after the calculation and payment under
subdivision (b) shall be distributed on an equal per-pupil basis,
with an intermediate district's pupils considered to be the sum of
the pupil memberships of the constituent districts for which the
intermediate district is purchasing the financial data analytical
tool.
(d) The reimbursement to a district or intermediate district
shall not be greater than the amount paid for a data analytics
application.
(e) A district or intermediate district shall not be
reimbursed for the purchase of more than 1 software application.
(4) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
Sec. 104. (1) In order to receive state aid under this
article, a district shall comply with sections 1249, 1278a, 1278b,
1279, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970
PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from
the state school aid fund money appropriated in section 11, there
is
allocated for 2015-2016 2016-2017
an amount not to exceed
$43,994,400.00
$33,894,400.00 for payments on behalf of districts
for costs associated with complying with those provisions of law.
In addition, from the federal funds appropriated in section 11,
there
is allocated for 2015-2016 2016-2017
an amount estimated at
$6,250,000.00, funded from DED-OESE, title VI, state assessment
funds, and from DED-OSERS, section 504 of part B of the individuals
with disabilities education act, Public Law 94-142, plus any
carryover federal funds from previous year appropriations, for the
purposes of complying with the federal no child left behind act of
2001, Public Law 107-110, or the every student succeeds act, Public
Law 114-95.
(2) The results of each test administered as part of the
Michigan student test of educational progress (M-STEP), including
tests administered to high school students, shall include an item
analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible
response. The department shall work with the center to identify the
number of students enrolled at the time assessments are given by
each district. In calculating the percentage of pupils assessed for
a district's scorecard, the department shall use only the number of
pupils enrolled in the district at the time the district
administers the assessments and shall exclude pupils who enroll in
the district after the district administers the assessments.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
(4) From the allocation in subsection (1), there is allocated
an amount not to exceed $185,000.00 for the implementation of a
kindergarten readiness assessment pilot project in 2016-2017. The
funding would be allocated to an intermediate district located in a
prosperity region with 2 or more subregions to participate in the
Maryland-Ohio pilot and cover the cost of a contract with a
university for implementation of version 1.75 of the kindergarten
readiness assessment tool. The kindergarten readiness assessment
pilot shall assess an estimated 4,000 children, and the designated
intermediate district shall work with other intermediate districts
to implement the pilot project, engage with the office of great
start and the department, and provide a report to the legislature
on the efficacy and usefulness of a kindergarten readiness
assessment. Allowable costs under this pilot program include those
incurred in August and September 2016.
(5) The department shall continue to make the kindergarten
entry assessment developed by the department and field tested in
2015-2016 available to districts in 2016-2017.
(6) The department may recommend, but may not require,
districts to allow pupils to use an external keyboard with tablet
devices for online M-STEP testing, including, but not limited to,
open-ended test items such as constructed response or equation
builder items.
(7) (4)
Notwithstanding section 17b,
payments on behalf of
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(5)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $8,500,000.00 for the following purposes:
(a)
Converting existing student assessments to online
assessments.
(b)
Providing paper and pencil test versions to districts not
prepared
to implement online assessments.
(c)
Expanding writing assessments to additional grade levels.
(d)
Providing an increased number of constructed response test
questions
so that pupils can demonstrate higher-order skills such
as
problem solving and communicating reasoning.
(8) (6)
From the allocation in subsection
(1), there is
allocated an amount not to exceed $3,200,000.00 for the development
or selection of an online reporting tool to provide student-level
assessment data in a secure environment to educators, parents, and
pupils immediately after assessments are scored. The department and
the center shall ensure that any data collected by the online
reporting tool do not provide individually identifiable student
data to the federal government.
(9) (7)
From the allocation in subsection
(1), there is
allocated an amount not to exceed $5,600,000.00 for the purpose of
implementing a summative assessment system pursuant to section
104c.
(10) (8)
As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
Sec. 104b. (1) In order to receive state aid under this
article, a district shall comply with this section and shall
administer the Michigan merit examination to pupils in grade 11,
and to pupils in grade 12 who did not take the complete Michigan
merit examination in grade 11, as provided in this section. The
Michigan merit examination consists of a college entrance test,
work skills test, and the summative assessment known as the
Michigan student test of educational progress (M-STEP).
(2) For the purposes of this section, the department of
technology, management, and budget shall contract with 1 or more
providers to develop, supply, and score the Michigan merit
examination. The Michigan merit examination shall consist of all of
the following:
(a) Assessment instruments that measure English language arts,
mathematics, reading, and science, and are used by the majority of
colleges and universities in this state for entrance purposes. This
may include 1 or more writing components. In selecting assessment
instruments to fulfill the requirements of this subdivision, the
department may consider the degree to which those assessment
instruments are aligned to this state's content standards.
(b) One or more tests from 1 or more test developers that
assess a pupil's ability to apply at least reading and mathematics
skills in a manner that is intended to allow employers to use the
results in making employment decisions. The department of
technology, management, and budget and the superintendent shall
ensure that any test or tests selected under this subdivision have
all the components necessary to allow a pupil to be eligible to
receive the results of a nationally recognized evaluation of
workforce readiness if the pupil's test performance is adequate.
(c) A social studies component.
(d) Any other component that is necessary to obtain the
approval of the United States Department of Education to use the
Michigan merit examination for the purposes of the no child left
behind act of 2001, Public Law 107-110, or the every student
succeeds act, Public Law 114-95.
(3) In addition to all other requirements of this section, all
of the following apply to the Michigan merit examination:
(a) The department of technology, management, and budget and
the superintendent shall ensure that any contractor used for
scoring the Michigan merit examination supplies an individual
report for each pupil that will identify for the pupil's parents
and teachers whether the pupil met expectations or failed to meet
expectations for each standard, to allow the pupil's parents and
teachers to assess and remedy problems before the pupil moves to
the next grade.
(b) The department of technology, management, and budget and
the superintendent shall ensure that any contractor used for
scoring, developing, or processing the Michigan merit examination
meets quality management standards commonly used in the assessment
industry, including at least meeting level 2 of the capability
maturity model developed by the Software Engineering Institute of
Carnegie Mellon University for the first year the Michigan merit
examination is offered to all grade 11 pupils and at least meeting
level 3 of the capability maturity model for subsequent years.
(c) The department of technology, management, and budget and
the superintendent shall ensure that any contract for scoring,
administering, or developing the Michigan merit examination
includes specific deadlines for all steps of the assessment
process, including, but not limited to, deadlines for the correct
testing materials to be supplied to schools and for the correct
results to be returned to schools, and includes penalties for
noncompliance with these deadlines.
(d) The superintendent shall ensure that the Michigan merit
examination meets all of the following:
(i) Is designed to test pupils on this state's content
standards in all subjects tested.
(ii) Complies with requirements of the no child left behind
act of 2001, Public Law 107-110 or the every student succeeds act,
Public Law 114-95.
(iii) Is consistent with the code of fair testing practices in
education prepared by the Joint Committee on Testing Practices of
the American Psychological Association.
(iv) Is factually accurate. If the superintendent determines
that a question is not factually accurate and should be excluded
from scoring, the state board and the superintendent shall ensure
that the question is excluded from scoring.
(4) A district shall include on each pupil's high school
transcript all of the following:
(a) For each high school graduate who has completed the
Michigan merit examination under this section, the pupil's scaled
score on each subject area component of the Michigan merit
examination.
(b) The number of school days the pupil was in attendance at
school each school year during high school and the total number of
school days in session for each of those school years.
(5) The superintendent shall work with the provider or
providers of the Michigan merit examination to produce Michigan
merit examination subject area scores for each pupil participating
in the Michigan merit examination. To the extent that the
department determines that additional test items beyond those
included in the college entrance component of the Michigan merit
examination are required in a particular subject area, the
department shall ensure that all test items in that subject area
are scaled and merged for the purposes of producing a Michigan
merit examination subject area score. The superintendent shall
design and distribute to districts, intermediate districts, and
nonpublic schools a simple and concise document that describes the
scoring for each subject area and indicates the scaled score ranges
for each subject area.
(6) The Michigan merit examination shall be administered in
each district during the last 12 weeks of the district's school
year. The superintendent shall ensure that the Michigan merit
examination is scored and the scores are returned to pupils, their
parents or legal guardians, and districts not later than the
beginning of the pupil's first semester of grade 12. The returned
scores shall indicate at least the pupil's scaled score for each
subject area component and the range of scaled scores for each
subject area. In reporting the scores to pupils, parents, and
schools, the superintendent shall provide standards-specific,
meaningful, and timely feedback on the pupil's performance on the
Michigan merit examination.
(7) A district shall administer the complete Michigan merit
examination to a pupil only once and shall not administer the
complete Michigan merit examination to the same pupil more than
once. If a pupil does not take the complete Michigan merit
examination in grade 11, the district shall administer the complete
Michigan merit examination to the pupil in grade 12. If a pupil
chooses to retake the college entrance examination component of the
Michigan merit examination, as described in subsection (2)(a), the
pupil may do so through the provider of the college entrance
examination component and the cost of the retake is the
responsibility of the pupil unless all of the following are met:
(a) The pupil has taken the complete Michigan merit
examination.
(b) The pupil meets the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i.
(c) The pupil has applied to the provider of the college
entrance examination component for a scholarship or fee waiver to
cover the cost of the retake and that application has been denied.
(d) After taking the complete Michigan merit examination, the
pupil has not already received a free retake of the college
entrance examination component paid for either by this state or
through a scholarship or fee waiver by the provider.
(8) The superintendent shall ensure that the length of the
Michigan merit examination and the combined total time necessary to
administer all of the components of the Michigan merit examination
are the shortest possible that will still maintain the degree of
reliability and validity of the Michigan merit examination results
determined necessary by the superintendent. The superintendent
shall ensure that the maximum total combined length of time that
schools are required to set aside for pupils to answer all test
questions on the Michigan merit examination does not exceed 8 hours
if the superintendent determines that sufficient alignment to
applicable Michigan merit curriculum content standards can be
achieved within that time limit.
(9) A district shall provide accommodations to a pupil with
disabilities for the Michigan merit examination, as provided under
section 504 of title V of the rehabilitation act of 1973, 29 USC
794; subtitle A of title II of the Americans with disabilities act
of 1990, 42 USC 12131 to 12134; the individuals with disabilities
education act amendments of 1997, Public Law 105-17; and the
implementing regulations for those statutes. The provider or
providers of the Michigan merit examination and the superintendent
shall mutually agree upon the accommodations to be provided under
this subsection.
(10) To the greatest extent possible, the Michigan merit
examination shall be based on this state's content standards, as
appropriate. Annually, after each administration of the Michigan
merit examination, the department shall provide a report of the
points per standard so that teachers will know what content will be
covered within the Michigan merit examination. The department may
augment the college entrance and work skills components of the
Michigan merit examination to develop the assessment, depending on
the alignment of those components to this state's content
standards. If these components do not align to these standards, the
department shall produce additional components as required by law,
while minimizing the amount of time needed for assessments.
(11) A child who is a student in a nonpublic school or home
school may take the Michigan merit examination under this section.
To take the Michigan merit examination, a child who is a student in
a home school shall contact the district in which the child
resides, and that district shall administer the Michigan merit
examination, or the child may take the Michigan merit examination
at a nonpublic school if allowed by the nonpublic school. Upon
request from a nonpublic school, the superintendent shall direct
the provider or providers to supply the Michigan merit examination
to the nonpublic school and the nonpublic school may administer the
Michigan merit examination. If a district administers the Michigan
merit examination under this subsection to a child who is not
enrolled in the district, the scores for that child are not
considered for any purpose to be scores of a pupil of the district.
(12) In contracting under subsection (2), the department of
technology, management, and budget shall consider a contractor that
provides electronically-scored essays with the ability to score
constructed response feedback in multiple languages and provide
ongoing instruction and feedback.
(13) The purpose of the Michigan merit examination is to
assess pupil performance in mathematics, science, social studies,
and English language arts for the purpose of improving academic
achievement and establishing a statewide standard of competency.
The assessment under this section provides a common measure of data
that will contribute to the improvement of Michigan schools'
curriculum and instruction by encouraging alignment with Michigan's
curriculum framework standards and promotes pupil participation in
higher level mathematics, science, social studies, and English
language arts courses. These standards are based upon the
expectations of what pupils should learn through high school and
are aligned with national standards.
(14) For a pupil enrolled in a middle college program, other
than a middle college operated as a shared educational entity or a
specialized shared educational entity, if the pupil receives at
least 50% of his or her instruction at the high school while in
grade 11, the Michigan merit examination shall be administered to
the pupil at the high school at which the pupil receives high
school instruction, and the department shall include the pupil's
scores on the Michigan merit examination in the scores for that
high school for all purposes for which a school's or district's
results are reported. The department shall allow the middle college
program to use a 5-year graduation rate for determining adequate
yearly progress. As used in this subsection, "middle college" means
a program consisting of a series of courses and other requirements
and conditions, including an early college or other program created
under a memorandum of understanding, that allows a pupil to
graduate from high school with both a high school diploma and a
certificate or degree from a community college or state public
university.
(15) As used in this section:
(a) "English language arts" means reading and writing.
(b) "Social studies" means United States history, world
history, world geography, economics, and American government.
Sec. 104c. (1) In order to receive state aid under this
article, a district shall administer the state assessments
described in this section.
(2) For the purposes of this section, the department shall
develop for use in the spring of 2015-2016 the Michigan student
test of educational progress (M-STEP) assessments in English
language arts and mathematics. These assessments shall be aligned
to state standards.
(3) For the purposes of this section, the department shall
implement a summative assessment system that is proven to be valid
and reliable for administration to pupils as provided under this
subsection. The summative assessment system shall meet all of the
following requirements:
(a) The summative assessment system shall measure student
proficiency on the current state standards, shall measure student
growth for consecutive grade levels in which students are assessed
in the same subject area in both grade levels, and shall be capable
of measuring individual student performance.
(b) The summative assessments for English language arts and
mathematics shall be administered to all public school pupils in
grades 3 to 11, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446,
and by title I of the federal elementary and secondary education
act.
(c) The summative assessments for science shall be
administered to all public school pupils in at least grades 4 and
7, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(d) The summative assessments for social studies shall be
administered to all public school pupils in at least grades 5 and
8, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(e) The content of the summative assessments shall be aligned
to state standards.
(f) The pool of questions for the summative assessments shall
be subject to a transparent review process for quality, bias, and
sensitive issues involving educator review and comment. The
department shall post samples from tests or retired tests featuring
questions from this pool for review by the public.
(g) The summative assessment system shall ensure that
students, parents, and teachers are provided with reports that
convey individual student proficiency and growth on the assessment
and that convey individual student domain-level performance in each
subject area, including representative questions, and individual
student performance in meeting state standards.
(h) The summative assessment system shall be capable of
providing, and the department shall ensure that students, parents,
teachers, administrators, and community members are provided with,
reports that convey aggregate student proficiency and growth data
by teacher, grade, school, and district.
(i) The summative assessment system shall ensure the
capability of reporting the available data to support educator
evaluations.
(j) The summative assessment system shall ensure that the
reports provided to districts containing individual student data
are available within 60 days after completion of the assessments.
(k) The summative assessment system shall ensure that access
to individually identifiable student data meets all of the
following:
(i) Is in compliance with 20 USC 1232g, commonly referred to
as the family educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a
vendor to provide assessment services, as necessary to support
educator evaluations pursuant to subdivision (i), or for research
or program evaluation purposes, is available only to the student;
to the student's parent or legal guardian; and to a school
administrator or teacher, to the extent that he or she has a
legitimate educational interest.
(l) The summative assessment system shall ensure that the
assessments are pilot tested before statewide implementation.
(m) The summative assessment system shall ensure that
assessments are designed so that the maximum total combined length
of time that schools are required to set aside for a pupil to
answer all test questions on all assessments that are part of the
system for the pupil's grade level does not exceed that maximum
total combined length of time for the previous statewide assessment
system or 9 hours, whichever is less. This subdivision does not
limit the amount of time a district may allow a pupil to complete a
test.
(n) The total cost of executing the summative assessment
system statewide each year, including, but not limited to, the cost
of contracts for administration, scoring, and reporting, shall not
exceed an amount equal to 2 times the cost of executing the
previous statewide assessment after adjustment for inflation.
(4) Beginning in the 2015-2016 school year, the department
shall
field test additional components in the assessment system
under
this subsection assessments
in the fall and spring of each
school year to measure English language arts and mathematics in
each
of grades K to 2 for full implementation
in the 2016-2017
subsequent
school year. The additional
components years. These
assessments are necessary to determine a pupil's proficiency level
before
grade 3. The additional components are as follows:
(a)
Assessments administered in the fall and spring of each
year
to measure English language arts and mathematics in each of
grades
1 and 2.
(b)
The kindergarten entry assessment (KEA), to be
administered
in the fall of the kindergarten year. The KEA shall
include
the same components as under subdivision (a) and also may
include
observational components that measure cognitive, social-
emotional,
and physical skills.
(5) This section does not prohibit districts from adopting
interim assessments.
(6) As used in this section, "English language arts" means
that term as defined in section 104b.
Sec. 104d. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2015-2016 2016-
2017 an amount not to exceed $4,000,000.00 for providing
reimbursement to districts that purchase a computer-adaptive test,
for
each pupil enrolled in the district or
that purchase 1 or more
diagnostic tools, screening tools, or benchmark assessments for
pupils in grades K to 3 that are intended to increase reading
proficiency by grade 4.
(2) In order to receive reimbursement under this section for
the purchase of a computer-adaptive test, the computer-adaptive
test must provide for at least all of the following:
(a) Internet-delivered, standards-based assessment using a
computer-adaptive model to target the instructional level of each
pupil.
(b)
Unlimited testing opportunities throughout the 2015-2016
2016-2017 school year.
(c) Valid and reliable diagnostic assessment data.
(d) Adjustment of testing difficulty based on previous answers
to test questions.
(e) Immediate feedback to pupils and teachers.
(3) In order to receive reimbursement under this section for
the purchase of 1 or more diagnostic tools or screening tools for
pupils in grades K to 3, each of the tools must meet all of the
following:
(a) Be reliable.
(b) Be valid.
(c) Be useful. As used in this subdivision, "useful" means
that a tool is easy to administer and requires a short time to
complete and that results are linked to intervention.
(4) In order to receive funding under this section for the
purchase of 1 or more benchmark assessments for pupils in grades K
to 3, each of the benchmark assessments must meet all of the
following:
(a) Be aligned to the state standards of this state.
(b) Complement this state's summative assessment system.
(c) Be administered at least once a year before the
administration of any summative assessment to monitor pupil
progress.
(d) Provide information on pupil achievement with regard to
learning the content required in a given year or grade span.
(5) Reimbursement under this section shall be made to eligible
districts that purchase a computer-adaptive test or 1 or more
diagnostic tools, screening tools, or benchmark assessments
described
in this section by October 15, 2015 2016 and shall be
made on an equal per-pupil basis according to the available
funding, based on the number of pupils for whom assessments were
purchased.
(6) In order to receive reimbursement under this section, a
district shall demonstrate to the satisfaction of the department
that each qualifying computer-adaptive test, diagnostic tool,
screening tool, or benchmark assessment was purchased by the
district
by December 1, 2015.2016.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $25,000,000.00 for 2015-2016
2016-2017 for adult education programs authorized under this
section.
Except as otherwise provided under subsections (16) and
(18),
(14) and (15), funds allocated under this section are
restricted for adult education programs as authorized under this
section only. A recipient of funds under this section shall not use
those funds for any other purpose.
(2) To be eligible for funding under this section, an eligible
adult education provider shall employ certificated teachers and
qualified administrative staff and shall offer continuing education
opportunities for teachers to allow them to maintain certification.
(3) To be eligible to be a participant funded under this
section, an individual shall be enrolled in an adult basic
education program, an adult secondary education program, an adult
English as a second language program, a high school equivalency
test
preparation program, a job- or employment-related program, or
a high school completion program, that meets the requirements of
this section, and for which instruction is provided, and shall meet
either
of the following: , as applicable:
(a)
If the individual has achieved a high school equivalency
certificate,
the individual meets 1 of the following:
(i) Is less than 20 years of age on September 1 of the
school
year,
is not attending an institution of higher education, and is
enrolled
in a job- or employment-related program through a referral
by
an employer or by a Michigan workforce agency.
(ii) Is enrolled in an English as a second language
program.
(iii) Is enrolled in a high school completion program.
(iv) Is at least 20 years of age on September 1 of the
school
year,
is enrolled in an adult basic education program, and is
determined
by a department-approved assessment, in a form and
manner
prescribed by the department, to be below grade 9 level in
reading
or mathematics, or both.
(b)
If the individual has not obtained a high school diploma
or
high school equivalency certificate, the individual meets 1 of
the
following:
(i) Is at least 20 years of age on September 1 of the
school
year.
(ii) Is at least 16 years of age on September 1 of the
school
year,
has been permanently expelled from school under section
1311(2)
or 1311a of the revised school code, MCL 380.1311 and
380.1311a,
and has no appropriate alternative education program
available
through his or her district of residence.
(a) Has attained 20 years of age.
(b) Has attained 18 years of age and the individual's
graduating class has graduated.
(4) By April 1 of each fiscal year, the intermediate districts
within a prosperity region or subregion shall determine which
intermediate district will serve as the prosperity region's or
subregion's fiscal agent for the next fiscal year and shall notify
the department in a form and manner determined by the department.
The department shall approve or disapprove of the prosperity
region's or subregion's selected fiscal agent. From the funds
allocated under subsection (1), an amount as determined under this
subsection shall be allocated to each intermediate district serving
as a fiscal agent for adult education programs in each of the
prosperity regions or subregions identified by the department. An
intermediate district shall not use more than 5% of the funds
allocated under this subsection for administration costs for
serving as the fiscal agent. Beginning in 2014-2015, 67% of the
allocation provided to each intermediate district serving as a
fiscal agent shall be based on the proportion of total funding
formerly received by the adult education providers in that
prosperity region or subregion in 2013-2014, and 33% shall be
allocated based on the factors in subdivisions (a), (b), and (c).
For
2016-2017, 2017-2018, 33% of the allocation provided to each
intermediate district serving as a fiscal agent shall be based upon
the proportion of total funding formerly received by the adult
education providers in that prosperity region in 2013-2014 and 67%
of the allocation shall be based upon the factors in subdivisions
(a),
(b), and (c). Beginning in 2017-2018, 2018-2019, 100% of the
allocation provided to each intermediate district serving as a
fiscal agent shall be based on the factors in subdivisions (a),
(b), and (c). The funding factors for this section are as follows:
(a) Sixty percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals between the ages of 18 and 24 that are not high school
graduates that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from
the American community survey (ACS) from the United States Census
Bureau.
(b) Thirty-five percent of this portion of the funding shall
be distributed based upon the proportion of the state population of
individuals age 25 or older who are not high school graduates that
resides in each of the prosperity regions or subregions, as
reported by the most recent 5-year estimates from the American
community survey (ACS) from the United States Census Bureau.
(c) Five percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals age 18 or older who lack basic English language
proficiency that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from
the American community survey (ACS) from the United States Census
Bureau.
(5) To be an eligible fiscal agent, an intermediate district
must agree to do the following in a form and manner determined by
the department:
(a) Distribute funds to adult education programs in a
prosperity region or subregion as described in this section.
(b) Collaborate with the talent district career council, which
is an advisory council of the workforce development boards located
in the prosperity region or subregion, or its successor, to develop
a regional strategy that aligns adult education programs and
services into an efficient and effective delivery system for adult
education learners, with special consideration for providing
contextualized learning and career pathways and addressing barriers
to education and employment.
(c) Collaborate with the talent district career council, which
is an advisory council of the workforce development boards located
in the prosperity region or subregion, or its successor, to create
a local process and criteria that will identify eligible adult
education providers to receive funds allocated under this section
based on location, demand for services, past performance, quality
indicators as identified by the department, and cost to provide
instructional services. The fiscal agent shall determine all local
processes, criteria, and provider determinations. However, the
local processes, criteria, and provider services must be approved
by the department before funds may be distributed to the fiscal
agent.
(d) Provide oversight to its adult education providers
throughout the program year to ensure compliance with the
requirements of this section.
(e) Report adult education program and participant data and
information as prescribed by the department.
(6)
The amount allocated under this section per full-time
equated
participant shall not exceed $2,850.00 for a 450-hour
program.
The amount shall be proportionately reduced for a program
offering
less than 450 hours of instruction.
(6) (7)
An adult basic education program, an adult secondary
education program, or an adult English as a second language program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults who are determined by a
department-approved assessment, in a form and manner prescribed by
the
department, to be below ninth twelfth
grade level in reading or
mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under
subdivision (a) before enrollment and upon completion of the
program in compliance with the state-approved assessment policy.
(c) A participant in an adult basic education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed at or above the ninth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(d) A participant in an adult secondary education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed above the twelfth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having at least 450 hours of instruction.
(e) (d)
A funding recipient enrolling a
participant in an
English as a second language program is eligible for funding
according
to subsection (11) (9) until the participant meets 1 of
the following:
(i) The participant is assessed as having attained basic
English proficiency as determined by a department-approved
assessment.
(ii) The participant fails to show progress on 2 successive
department-approved assessments after having completed at least 450
hours of instruction. The department shall provide information to a
funding recipient regarding appropriate assessment instruments for
this program.
(7) (8)
A high school equivalency test
preparation program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school
diploma or a high school equivalency certificate.
(b) The program shall administer a pre-test approved by the
department before enrolling an individual to determine the
individual's literacy levels, shall administer a high school
equivalency practice test to determine the individual's potential
for success on the high school equivalency test, and shall
administer a post-test upon completion of the program in compliance
with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection
(11) (9) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i) The participant achieves a high school equivalency
certificate.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take
a high school equivalency test after having completed at least 450
hours of instruction.
(8) (9)
A high school completion program
operated on a year-
round or school year basis may be funded under this section,
subject to all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection
(11) (9) for a participant in a course offered under
this subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after
having completed at least 900 hours of instruction.
(10)
A job- or employment-related adult education program
operated
on a year-round or school year basis may be funded under
this
section, subject to all of the following:
(a)
The program enrolls adults referred by their employer who
are
less than 20 years of age, have a high school diploma, are
determined
to be in need of remedial mathematics or communication
arts
skills, and are not attending an institution of higher
education.
(b)
The program tests participants described in subdivision
(a)
before enrollment and upon completion of the program in
compliance
with the department-approved assessment policy.
(c)
An individual may be enrolled in this program and the
grant
recipient shall receive funding according to subsection (11)
until
1 of the following occurs:
(i) The individual achieves the requisite skills as
determined
by
department-approved assessment instruments.
(ii) The individual fails to show progress on 2
successive
assessments
after having completed at least 450 hours of
instruction.
(9) (11)
A funding recipient shall receive
payments under this
section in accordance with all of the following:
(a)
Eighty percent for enrollment of eligible
participants.Statewide allocation criteria, including
3-year
average enrollments, census data, and local needs.
(b)
Twenty percent for participant Participant
completion of
the adult basic education objectives by achieving an educational
gain as determined by the national reporting system levels; for
achieving basic English proficiency, as determined by the
department; for achieving a high school equivalency certificate or
passage of 1 or more individual high school equivalency tests; for
attainment of a high school diploma or passage of a course required
for a participant to attain a high school diploma; for enrollment
in a postsecondary institution, or for entry into or retention of
employment, as applicable.
(c) Participant completion of core indicators as identified in
the innovation and opportunity act.
(d) Allowable expenditures.
(10) (12)
A person who is not eligible to be
a participant
funded under this section may receive adult education services upon
the payment of tuition. In addition, a person who is not eligible
to be served in a program under this section due to the program
limitations
specified in subsection (7), (8), (9), or (10) (6),
(7), or (8) may continue to receive adult education services in
that program upon the payment of tuition. The tuition level shall
be determined by the local or intermediate district conducting the
program.
(11) (13)
An individual who is an inmate in a
state
correctional facility shall not be counted as a participant under
this section.
(12) (14)
A funding recipient shall not
commingle money
received under this section or from another source for adult
education purposes with any other funds and shall establish a
separate ledger account for funds received under this section. This
subsection does not prohibit a district from using general funds of
the district to support an adult education or community education
program.
(13) (15)
A funding recipient receiving funds
under this
section may establish a sliding scale of tuition rates based upon a
participant's family income. A funding recipient may charge a
participant tuition to receive adult education services under this
section from that sliding scale of tuition rates on a uniform
basis. The amount of tuition charged per participant shall not
exceed the actual operating cost per participant minus any funds
received under this section per participant. A funding recipient
may not charge a participant tuition under this section if the
participant's income is at or below 200% of the federal poverty
guidelines published by the United States Department of Health and
Human Services.
(14) (16)
In order to receive funds under
this section, a
funding recipient shall furnish to the department, in a form and
manner determined by the department, all information needed to
administer this program and meet federal reporting requirements;
shall allow the department or the department's designee to review
all records related to the program for which it receives funds; and
shall reimburse the state for all disallowances found in the
review, as determined by the department. In addition, a funding
recipient shall agree to pay to a career and technical education
program under section 61a the amount of funding received under this
section in the proportion of career and technical education
coursework used to satisfy adult basic education programming, as
billed to the funding recipient by programs operating under section
61a.
(17)
All intermediate district participant audits of adult
education
programs shall be performed pursuant to the adult
education
participant auditing and accounting manuals published by
the
department.
(15) (18)
From the amount appropriated in
subsection (1), an
amount
not to exceed $500,000.00 shall be allocated for 2015-2016
2016-2017 to not more than 1 pilot program that is located in a
prosperity region with 2 or more subregions and that connects adult
education participants directly with employers by linking adult
education, career and technical skills, and workforce development.
To be eligible for funding under this subsection, a pilot program
shall provide a collaboration linking adult education programs
within the county, the area career/technical center, and local
employers, and shall meet the additional criteria in subsections
(19)
and (20). (16) and (17). Funding under this subsection for
2015-2016
2016-2017 is for the first second of
3 years of funding.
(16) (19)
A pilot program funded under
subsection (18) (15)
shall require adult education staff to work with Michigan works
agency to identify a cohort of participants who are most prepared
to successfully enter the workforce. Participants identified under
this subsection shall be dually enrolled in adult education
programming and at least 1 technical course at the area
career/technical center.
(17) (20)
A pilot program funded under
subsection (18) (15)
shall have on staff an adult education navigator who will serve as
a
caseworker for each participant identified under subsection (19).
(16). The navigator shall work with adult education staff and
potential employers to design an educational program best suited to
the personal and employment needs of the participant, and shall
work with human service agencies or other entities to address any
barrier in the way of participant access.
(18) (21)
Not later than December 1, 2016,
2017, the pilot
program
funded under subsection (18) (15)
shall provide to the
senate and house appropriations subcommittees on school aid and to
the senate and house fiscal agencies a report detailing number of
participants, graduation rates, and a measure of transitioning to
employment.
(19) (22)
The department shall develop an
application process
for
a pilot program to be funded under subsection (18) (15) and
shall
award funding not later than November 1, 2015. October 1,
2016.
Funding allocated under subsection (18)
(15) may be paid on a
schedule other than that specified under section 17b.
(20) (23)
The department shall approve at
least 1 3 high
school
equivalency test tests and determine whether a high school
equivalency certificate meets the requisite standards for high
school equivalency in this state.
(21) (24)
As used in this section:
(a) "Career pathway" means a combination of rigorous and high-
quality education, training, and other services that comply with
all of the following:
(i) Aligns with the skill needs of industries in the economy
of this state or in the regional economy involved.
(ii) Prepares an individual to be successful in any of a full
range of secondary or postsecondary education options, including
apprenticeships registered under the act of August 16, 1937
(commonly known as the "national apprenticeship act"), 29 USC 50 et
seq.
(iii) Includes counseling to support an individual in
achieving the individual's education and career goals.
(iv) Includes, as appropriate, education offered concurrently
with and in the same context as workforce preparation activities
and training for a specific occupation or occupational cluster.
(v) Organizes education, training, and other services to meet
the particular needs of an individual in a manner that accelerates
the educational and career advancement of the individual to the
extent practicable.
(vi) Enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential.
(vii) Helps an individual enter or advance within a specific
occupation or occupational cluster.
(b) "Department" means the department of talent and economic
development.
(c) "Eligible adult education provider" means a district,
intermediate district, a consortium of districts, a consortium of
intermediate districts, or a consortium of districts and
intermediate districts that is identified as part of the local
process described in subsection (5)(c) and approved by the
department.
(d)
"Participant" means the sum of the number of full-time
equated
individuals enrolled in and attending a department-approved
adult
education program under this section, using quarterly
participant
count days on the schedule described in section
6(7)(b).
Sec.
147. (1) The allocation for 2015-2016 2016-2017 for the
public school employees' retirement system pursuant to the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1408, shall be made using the individual projected benefit
entry age normal cost method of valuation and risk assumptions
adopted by the public school employees retirement board and the
department of technology, management, and budget.
(2) The annual level percentage of payroll contribution rates
for
the 2015-2016 2016-2017 fiscal year, as determined by the
retirement system, are estimated as follows:
(a) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who are enrolled in
the health premium subsidy, the annual level percentage of payroll
contribution
rate is estimated at 36.31%, 36.64%,
with 25.78%
24.94% paid directly by the employer.
(b) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who are enrolled
in the health premium subsidy, the annual level percentage of
payroll
contribution rate is estimated at 35.09%, 36.01%, with
24.56%
24.31% paid directly by the employer.
(c) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who participate
in the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 34.66%, 35.79%, with
24.13%
24.09% paid directly by the employer.
(d) For public school employees who first worked for a public
school reporting unit on or after September 4, 2012, who elect
defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll
contribution
rate is estimated at 31.49%, 32.66%,
with 20.96% paid
directly by the employer.
(e) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is
estimated
at 31.92%, 32.88%, with 21.39% 21.18% paid directly by
the employer.
(f) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is
estimated
at 31.49%, 32.66%, with 20.96% paid directly by the
employer.
(g) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who participate in
the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 35.88%, 36.42%, with
25.35%
24.72% paid directly by the employer.
(3) In addition to the employer payments described in
subsection (2), the employer shall pay the applicable contributions
to the Tier 2 plan, as determined by the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408.
(4) The contribution rates in subsection (2) reflect an
amortization
period of 23 22 years for 2015-2016. 2016-2017. The
public school employees' retirement system board shall notify each
district and intermediate district by February 28 of each fiscal
year of the estimated contribution rate for the next fiscal year.
Sec. 147a. From the appropriation in section 11, there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$100,000,000.00 for payments to participating districts. A district
that receives money under this section shall use that money solely
for the purpose of offsetting a portion of the retirement
contributions owed by the district for the fiscal year in which it
is received. The amount allocated to each participating district
under this section shall be based on each participating district's
percentage of the total statewide payroll for all participating
districts for the immediately preceding fiscal year. As used in
this section, "participating district" means a district that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
Sec. 147c. (1) From the appropriation in section 11, there is
allocated
for 2015-2016 2016-2017 an amount not to exceed
$892,900,000.00
$982,200,000.00 from the state school aid fund for
payments to districts and intermediate districts that are
participating entities of the Michigan public school employees'
retirement system. In addition, from the general fund money
appropriated
in section 11, there is allocated for 2015-2016 2016-
2017 an amount not to exceed $600,000.00 for payments to district
libraries that are participating entities of the Michigan public
school employees' retirement system.
(2)
For 2015-2016, 2016-2017, the amounts allocated under
subsection (1) are estimated to provide an average MPSERS rate cap
per
pupil amount of $601.00 $660.00
and are estimated to provide a
rate
cap per pupil for districts ranging between $4.00 $5.00 and
$2,300.00.$3,100.00.
(3)
Payments made under this section for 2015-2016 shall be
equal to the difference between the unfunded actuarial accrued
liability contribution rate as calculated pursuant to section 41 of
the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1341, as calculated without taking into account the maximum
employer rate of 20.96% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the
maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(4) The amount allocated to each participating entity under
this section shall be based on each participating entity's
proportion of the total covered payroll for the immediately
preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this section shall
use the funds solely for the purpose of retirement contributions as
specified in subsection (5).
(5) Each participating entity receiving funds under this
section shall forward an amount equal to the amount allocated under
subsection (4) to the retirement system in a form, manner, and time
frame determined by the retirement system.
(6) Funds allocated under this section should be considered
when comparing a district's growth in total state aid funding from
1 fiscal year to the next.
(7)
Not later than December 20, 2015, 2016, the department
shall publish and post on its website an estimated MPSERS rate cap
per pupil for each district.
(8) As used in this section:
(a) "MPSERS rate cap per pupil" means an amount equal to the
quotient of the district's payment under this section divided by
the district's pupils in membership.
(b) "Participating entity" means a district, intermediate
district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
(c) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(d) "Retirement system" means the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 152a. (1) As required by the court in the consolidated
cases known as Adair v State of Michigan, Michigan supreme court
docket nos. 137424 and 137453, from the state school aid fund money
appropriated
in section 11 there is allocated for 2015-2016 2016-
2017 an amount not to exceed $38,000,500.00 to be used solely for
the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department
shall make payments to districts and intermediate districts in an
equal amount per-pupil based on the total number of pupils in
membership in each district and intermediate district. The
department shall not make any adjustment to these payments after
the final installment payment under section 17b is made.
Sec. 152b. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed
$2,500,000.00 for 2016-2017 to reimburse costs incurred by
nonpublic schools as identified in the nonpublic school mandate
report published by the department on November 25, 2014 and under
subsection (2).
(2) By January 1, 2017, the department shall publish a form
containing the requirements identified in the report under
subsection (1). The department shall include other requirements on
the form that were enacted into law after publication of the
report. The form shall be posted on the department's website in
electronic form.
(3) By June 15, 2017, a nonpublic school seeking reimbursement
under subsection (1) of costs incurred during the 2016-2017 school
year shall submit the form described in subsection (2) to the
department. This section does not require a nonpublic school to
submit a form described in subsection (2). A nonpublic school is
not eligible for reimbursement under this section unless the
nonpublic school submits the form described in subsection (2) in a
timely manner.
(4) By August 15, 2017, the department shall distribute funds
to nonpublic schools that submit a completed form described under
subsection (2) in a timely manner. The superintendent shall
determine the amount of funds to be paid to each nonpublic school
in an amount that does not exceed the nonpublic school's actual
cost to comply with requirements under subsections (1) and (2). The
superintendent shall calculate a nonpublic school's actual cost in
accordance with this section.
(5) If the funds allocated under this section are insufficient
to fully fund payments as otherwise calculated under this section,
the department shall distribute funds under this section on a
prorated or other equitable basis as determined by the
superintendent.
(6) The department has the authority to review the records of
a nonpublic school submitting a form described in subsection (2)
only for the limited purpose of verifying the nonpublic school's
compliance with this section. If a nonpublic school does not allow
the department to review records under this subsection for this
limited purpose, the nonpublic school is not eligible for
reimbursement under this section.
(7) The funds appropriated under this section are for purposes
related to education, are considered to be incidental to the
operation of a nonpublic school, are noninstructional in character,
and are intended for the public purpose of ensuring the health,
safety, and welfare of the children in nonpublic schools and to
reimburse nonpublic schools for costs described in this section.
(8) Funds allocated under this section are not intended to aid
or maintain any nonpublic school, support the attendance of any
student at a nonpublic school, employ any person at a nonpublic
school, support the attendance of any student at any location where
instruction is offered to a nonpublic school student, or support
the employment of any person at any location where instruction is
offered to a nonpublic school student.
(9) For purposes of this section, "actual cost" means the
hourly wage for the employee or employees performing the reported
task or tasks and is to be calculated in accordance with the form
published by the department under subsection (2), which shall
include a detailed itemization of cost. The nonpublic school shall
not charge more than the hourly wage of its lowest-paid employee
capable of performing the reported task regardless of whether that
individual is available and regardless of who actually performs the
reported task. Labor costs under this subsection shall be estimated
and charged in increments of 15 minutes or more, with all partial
time increments rounded down. When calculating costs under
subsection (4), fee components shall be itemized in a manner that
expresses both the hourly wage and the number of hours charged. The
nonpublic school may not charge any applicable labor charge amount
to cover or partially cover the cost of health or fringe benefits.
A nonpublic school shall not charge any overtime wages in the
calculation of labor costs.
Sec.
166. (1) A district in which a school official, member of
a
board, or other person dispenses or otherwise distributes a
family
planning drug or device in a public school in violation of
section
1507 of the revised school code, being section 380.1507 of
the
Michigan Compiled Laws, dispenses prescriptions for any family
planning
drug, or makes referrals for abortions shall forfeit 5% of
its
total state aid appropriation. The governing board of a
district or intermediate district shall adopt and implement a
disciplinary policy as described in subsection (2) to provide
penalties for violations of section 1507 of the revised school
code, MCL 380.1507, and penalties for a school official, member of
a governing board, employee of the district or intermediate
district, or other person who refers a pupil for an abortion or
assists a pupil in obtaining an abortion. A district or
intermediate district that fails to adopt a policy required under
this section within 3 years after the effective date of the 2016
amendments to this section shall forfeit from its total state
school aid an amount equal to $100,000.00.
(2) A disciplinary policy required under subsection (1) shall
provide for a financial penalty to be applied against an individual
employed by the district or intermediate district who violates the
policy under subsection (1) that is equivalent to not less than 3%
of that individual's annual compensation.
(3) A district or intermediate district that applies a
financial penalty against or collects a fine from an individual as
provided under subsection (2) shall refund to the state school aid
fund an amount of money equal to the amount of the penalty or fine.
Sec. 166b. (1) This act does not prohibit a parent or legal
guardian of a minor who is enrolled in any of grades kindergarten
to 12 in a nonpublic school or who is being home-schooled from also
enrolling the minor in a district, public school academy, or
intermediate district in any curricular offering that is provided
by the district, public school academy, or intermediate district at
a public school site and is available to pupils in the minor's
grade level or age group, subject to compliance with the same
requirements that apply to a full-time pupil's participation in the
offering. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only for
curricular offerings that are offered to full-time pupils in the
minor's grade level or age group during regularly scheduled school
hours.
(2) This act does not prohibit a parent or legal guardian of a
minor who is enrolled in any of grades kindergarten to 12 in a
nonpublic school or who resides within the district and is being
home-schooled from also enrolling the minor in the district in a
curricular offering being provided by the district at the nonpublic
school site. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only if
all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic
students are educated, within the geographic boundaries of the
district.
(ii) If the nonpublic school has submitted a written request
to the district in which the nonpublic school is located for the
district to provide certain instruction under this subsection for a
school year and the district does not agree to provide some or all
of that instruction by May 1 immediately preceding that school year
or, if the request is submitted after March 1 immediately preceding
that school year, within 60 days after the nonpublic school submits
the request, the instruction is instead provided by an eligible
other district. This subparagraph does not require a nonpublic
school to submit more than 1 request to the district in which the
nonpublic school is located for that district to provide
instruction under this subsection, and does not require a nonpublic
school to submit an additional request to the district in which the
nonpublic school is located for that district to provide additional
instruction under this subsection beyond the instruction requested
in the original request, before having the instruction provided by
an eligible other district. A public school academy that is located
in the district in which the nonpublic school is located or in an
eligible other district also may provide instruction under this
subparagraph under the same conditions as an eligible other
district. As used in this subparagraph, "eligible other district"
means a district that is located in the same intermediate district
as the district in which the nonpublic school is located or is
located in an intermediate district that is contiguous to that
intermediate district.
(b) The nonpublic school is registered with the department as
a nonpublic school and meets all state reporting requirements for
nonpublic schools.
(c) The instruction is scheduled to occur during the regular
school day.
(d) The instruction is provided directly by a certified
teacher at the district or public school academy or at an
intermediate district.
(e) The curricular offering is also available to full-time
pupils in the minor's grade level or age group in the district or
public school academy during the regular school day at a public
school site.
(f) The curricular offering is restricted to nonessential
elective courses for pupils in grades kindergarten to 12.
(3) A minor enrolled as described in this section is a part-
time pupil for purposes of state school aid under this act.
(4) A district that receives a written request to provide
instruction under subsection (2) shall reply to the request in
writing by May 1 immediately preceding the applicable school year
or, if the request is made after March 1 immediately preceding that
school year, within 60 days after the nonpublic school submits the
request. The written reply shall specify whether the district
agrees to provide or does not agree to provide the instruction for
each portion of instruction included in the request.
(5) The department shall establish a workgroup consisting of
staff from the department, staff from the center, pupil accounting
staff from districts and intermediate districts, other applicable
staff from districts and intermediate districts, representatives
from nonpublic schools, and representatives from home schools to
examine the issue of providing a uniform definition of nonessential
elective courses, and also to provide a uniform definition of a
part-time pupil for the purposes of this section.
Sec. 167a. A district is encouraged to implement a plan to
reduce pupil expulsions and suspensions that exceed 10 days. It is
the intent of the legislature that a district that has not
implemented a plan to reduce pupil expulsions and suspensions that
exceed 10 days will be subject to forfeiture of a portion of its
total state school aid.
Enacting section 1. In accordance with section 30 of article
IX of the state constitution of 1963, total state spending from
state sources on state school aid under article I of the state
school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as
amended by 2015 PA 85, 2015 PA 139, and this amendatory act for
fiscal year 2015-2016 is estimated at $11,960,539,300.00 and state
appropriations for school aid to be paid to local units of
government for fiscal year 2015-2016 are estimated at
$11,919,909,800.00. In accordance with section 30 of article IX of
the state constitution of 1963, total state spending on school aid
under article I of the state school aid act of 1979, 1979 PA 94,
MCL 388.1601 to 388.1772, as amended by this amendatory act, from
state sources for fiscal year 2016-2017 is estimated at
$12,343,209,400.00 and state appropriations for school aid to be
paid to local units of government for fiscal year 2016-2017 are
estimated at $12,181,929,700.00.
Enacting section 2. Sections 22i, 43, and 99c of the state
school aid act of 1979, 1979 PA 94, MCL 388.1622i, 388.1643, and
388.1699c, are repealed effective October 1, 2016.
Enacting section 3. (1) Except as otherwise provided in
subsection (2), this amendatory act takes effect October 1, 2016.
(2) Sections 11, 11j, 11m, 11r, 20g, 22a, 22b, 24a, 26a, 26c,
31f, 35a, 51a, 51c, 56, 61a, 61b, 62, and 64b of the state school
aid act of 1979, 1979 PA 94, MCL 388.1611, 388.1611j, 388.1611m,
388.1611r, 388.1620g, 388.1622a, 388.1622b, 388.1624a, 388.1626a,
388.1626c, 388.1631f, 388.1635a, 388.1651a, 388.1651c, 388.1656,
388.1661a, 388.1661b, 388.1662, and 388.1664b, as amended by this
amendatory act, and section 11o of the state school aid act of
1979, 1979 PA 94, MCL 388.1611o, as added by this amendatory act,
take effect upon enactment of this amendatory act.