December 17, 2015, Introduced by Reps. Garcia, Kelly, Price, Chatfield, Yonker, Barrett, Somerville, Callton, Greig and Tedder and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1284a and 1284b (MCL 380.1284a and 380.1284b),
section 1284a as added by 2007 PA 101 and section 1284b as amended
by 2006 PA 235.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1284a. (1) Not later than July 1, 2008, an An
intermediate school district, in cooperation with its constituent
districts, shall adopt a common school calendar to apply to all of
its constituent districts and to its intermediate school district
programs. The intermediate school district shall post the common
school calendar on its website. The common school calendar shall
meet all of the following:
(a) Shall be in compliance with sections 1284 and 1284b.
(b) Shall identify the dates for each school year when school
will not be in session for a winter holiday break and a spring
break. The common school calendar shall identify these dates
specifically for at least the next 5 school years, but may describe
these dates more generally for school years thereafter as long as
the dates may be readily determined.
(2) Beginning with the 2008-2009 school year, except as
otherwise provided in this section, the board of each constituent
district and the intermediate school board shall ensure that its
school calendar complies with the common school calendar adopted
under subsection (1).
(3) In addition to the requirements under subsection (1), a
common school calendar adopted under subsection (1) is encouraged
to identify common dates for professional development days.
(4)
If a collective bargaining agreement that provides a
complete
school calendar is in effect for employees of a school
district
or intermediate school district as of the effective date
of
this section, and if that school calendar is not in compliance
with
the common school calendar adopted under subsection (1), then
subsection
(2) does not apply to that school district or
intermediate
school district until after the expiration of that
collective
bargaining agreement.
(4) (5)
If as of the effective date of
this section October 1,
2007 an intermediate school district or school district is
operating a year-round school or program or is operating a school
that is an international baccalaureate academy that provides 1,160
hours of pupil instruction per school year, then subsection (2)
does
not apply to that school or program. If after the effective
date
of this section October 1,
2007 an intermediate school
district or school district begins operating a year-round school or
program, the intermediate school district or school district may
apply to the superintendent of public instruction for a waiver from
the requirements of subsection (2) for that school or program. A
school district or intermediate school district shall not apply for
a waiver under this subsection unless the board of the school
district or intermediate school district has held at least 1 public
hearing to discuss the proposed alternative school calendar for the
school or program and whether or not to apply for the waiver. The
application shall be in writing in the form and manner prescribed
by the department and shall provide justification for the school or
program to operate on a calendar that differs from the common
school calendar adopted under subsection (1). Upon application, if
the superintendent of public instruction determines that a school
or program is a bona fide year-round school or program established
for educational reasons and that there is sufficient justification
for the school or program to operate on a calendar that differs
from the common school calendar adopted under subsection (1), the
superintendent of public instruction shall grant the waiver. The
superintendent of public instruction shall establish standards for
determining a bona fide year-round school or program for the
purposes of this subsection. However, if a school or program meets
any of the following, the superintendent of public instruction
shall consider the school or program to be a bona fide year-round
school or program and shall grant the waiver:
(a) Is on the same calendar as an institution of higher
education and shares facilities, faculty, or courses with the
higher education institution.
(b) Operates on a school calendar that includes a summer break
that is not greater than 8 weeks for the first 2 school years
beginning after the date of the application and is not greater than
6 weeks for subsequent school years.
(c) Is a school on the list under section 1280c(1) of the
public schools in this state that the department has
determined to be among the lowest achieving 5% of all public
schools in this state, selects a model that requires increased
learning time as a condition of reform, and has received a waiver
of the common school calendar requirement.
(d) Has adopted a plan used by or similar to a plan used by
other schools or programs to conduct an extended school calendar,
such as 45 days on and 15 days off, 60 days on and 20 days off, 60
days on and 15 days off, or 90 days on and 30 days off.
(e) As determined by the superintendent of public instruction
under subsection (5), operates on a bona fide trimester schedule.
(5) (6)
If an intermediate school district
or school district
is operating or begins operating a school or program on a trimester
schedule, the intermediate school district or school district may
apply to the superintendent of public instruction for a waiver from
the requirements of subsection (2) for that school or program. The
application shall be in writing in the form and manner prescribed
by the department and shall provide justification for the school or
program to operate on a calendar that differs from the common
school calendar adopted under subsection (1). Upon application, if
the superintendent of public instruction determines that a school
or program is operating on a bona fide trimester schedule
established for educational reasons and that there is sufficient
justification for the school or program to operate on a calendar
that differs from the common school calendar adopted under
subsection (1), the superintendent of public instruction shall
grant the waiver. The superintendent of public instruction shall
establish standards for determining a bona fide trimester schedule
for the purposes of this subsection.
(6) (7)
This section does not apply to a
public school that
operates all of grades 6 to 12 at a single site, that aligns its
high school curriculum with advanced placement courses as the
capstone of the curriculum, and that ends its second academic
semester concurrently with the end of the advanced placement
examination period.
(7) (8)
In addition to the other exceptions
under this
section, the superintendent of public instruction may grant a
waiver from a requirement under this section for a school district
that applies for the waiver in writing in the form and manner
prescribed by the superintendent of public instruction and provides
sufficient justification for the waiver, as determined by the
superintendent of public instruction.
(8) (9)
As used in this section:
(a) "Board" means the board of a school district or board of
directors of a public school academy.
(b) "Constituent district" means a constituent district of the
intermediate school district or a public school academy that is
located within the boundaries of the intermediate school district
and that receives services from the intermediate school district.
(c) "School district" means a school district or a public
school academy.
Sec.
1284b. (1) Until subsection (2) applies to the school
district,
public school academy, or intermediate school district,
the
board of a school district or intermediate school district or
board
of directors of a public school academy shall ensure that the
district's
or public school academy's schools are not in session on
the
Friday before Labor day.
(1) (2)
Except as otherwise provided in
this section, the
board of a school district or intermediate school district or board
of directors of a public school academy shall ensure that the
district's or public school academy's school year does not begin
before
Labor day.Day.
(3)
If a collective bargaining agreement that provides a
complete
school calendar is in effect for employees of a school
district,
public school academy, or intermediate school district as
of
the effective date of the amendatory act that added subsection
(2),
and if that school calendar is not in compliance with
subsection
(2), then subsection (2) does not apply to that school
district,
public school academy, or intermediate school district
until
after the expiration of that collective bargaining agreement.
(2) (4)
If a school district, intermediate
school district, or
public school academy is operating a year-round school or program
as of September 29, 2005 or is operating as of that date a school
that is an international baccalaureate academy that provides 1,160
hours
of pupil instruction per school year, then subsection (2) (1)
does not apply to that school or program. If a school district,
intermediate school district, or public school academy begins
operating a year-round school or program after September 29, 2005,
the school district, intermediate school district, or public school
academy may apply to the superintendent of public instruction for a
waiver
from the requirements of subsection (2). (1). A school
district, intermediate school district, or public school academy
shall not apply for a waiver under this subsection unless the board
of the school district or intermediate school district or board of
directors of the public school academy has held at least 1 public
hearing to discuss the proposed alternative school calendar for the
school or program and whether or not to apply for the waiver. Upon
application, if the superintendent of public instruction determines
that a school or program is a bona fide year-round school or
program established for educational reasons, the superintendent of
public instruction shall grant the waiver. The superintendent of
public instruction shall establish standards for determining a bona
fide year-round school or program for the purposes of this
subsection. However, if a school or program meets any of the
following, the superintendent of public instruction shall consider
the school or program to be a bona fide year-round school or
program and shall grant the waiver:
(a) Is on the same calendar as an institution of higher
education and shares facilities, faculty, or courses with the
higher education institution.
(b) Operates on a school calendar that includes a summer break
that is not greater than 8 weeks for the first 2 school years
beginning after the date of the application and is not greater than
6 weeks for subsequent school years.
(c) Is a school on the list under section 1280c(1) of the
public schools in this state that the department has
determined to be among the lowest achieving 5% of all public
schools in this state, selects a model that requires increased
learning time as a condition of reform, and has received a waiver
of the post-Labor Day start requirement.
(d) Has adopted a plan used by or similar to a plan used by
other schools or programs to conduct an extended school calendar,
such as 45 days on and 15 days off, 60 days on and 20 days off, 60
days on and 15 days off, or 90 days on and 30 days off.
(e) As determined by the superintendent of public instruction
under section 1284a(5), operates on a bona fide trimester schedule.
(3) (5)
If an intermediate school district
contracts with a
constituent district or public school academy to provide programs
or services for pupils of the constituent district or public school
academy; operates a program or service within a building owned by a
constituent district or a public school academy located within the
intermediate school district's boundaries; or otherwise provides
instructional programs or services for pupils of a constituent
district or public school academy, and if the school district's or
public
school academy's school year begins before Labor day Day
under
subsection (3) or (4), (2),
then the intermediate school
district may provide programs or services according to the school
district's or public school academy's calendar.
(4) (6)
This section does not apply to a
public school that
operates all of grades 6 to 12 at a single site, that aligns its
high school curriculum with advanced placement courses as the
capstone of the curriculum, and that ends its second academic
semester concurrently with the end of the advanced placement
examination period.
(5) (7)
This section does not prohibit a
school district,
intermediate school district, or public school academy from
offering or requiring professional development for its personnel
that
is conducted before Labor day.Day.
(6) (8)
As used in this section,
"Labor day" Day"
means the
first Monday in September.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.