March 18, 2015, Introduced by Senator ROBERTSON and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604,
388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as
amended by 2012 PA 201 and sections 6, 98, 107, 230, and 256 as
amended by 2014 PA 196.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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) (5)
"General educational development testing "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 a person an individual
to
successfully complete the general educational development (GED)
test.a high school equivalency test.
(7) "High school equivalency test" means the GED test
developed by the GED Testing Service, the Test Assessing Secondary
Completion (TASC) developed by CTB/McGraw-Hill, the HiSet test
developed by the Education Testing Service (ETS), or another
comparable test approved by the department.
(8) (6)
"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 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 current 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. 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
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 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.
(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.
(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 a high school diploma shall
not
be counted in membership. An individual who has obtained a
general
educational development (G.E.D.) achieved
a high school
equivalency certificate shall not be counted in membership unless
the individual is a pupil 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, 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). 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
specified in subdivision (q), 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 specified in subdivision (q) 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
specified in subdivision (q), 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 specified in subdivision (q) 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(3). 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) Beginning in 2012-2013, 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 specified in subdivision (q) 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 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 Day who is enrolled in an intermediate district program
that
begins before Labor day 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.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.
(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 25f. 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. 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.
(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 1 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.
(p) An online learning pupil enrolled in a district other than
the pupil's district of residence as an eligible pupil under
section 21f.
However, 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 (p), 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. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed
$7,387,500.00 for 2014-2015 for the purposes described in this
section.
(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 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 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 course providers
operating in this state, analyze the effectiveness of online
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 not later than
December 1, 2015.
(v) Before August 31, 2015, provide an extensive professional
development program to at least 500 educational personnel,
including teachers, school administrators, and school board
members, that focuses on the effective integration of digital
learning into curricula and instruction. Not later than December 1,
2015, 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 learning
in the public education system.
(vi) Identify and share best practices for planning,
implementing, and evaluating online 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
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 learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to online
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for online teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements related to effective digital learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich online
learning models.
(vi) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to online learning.
(vii) Produce an annual consumer awareness report for schools
and parents about effective online education providers and
education delivery models, performance data, cost structures, and
research trends.
(viii) Research and establish an 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
resources that align to Michigan's K-12 curriculum standards for
use by students, educators, and parents.
(ix) Create and maintain a public statewide catalog of online
learning courses being offered by all public schools in this state.
The Michigan virtual learning research institute shall identify and
develop a list of nationally recognized best practices for online
learning and use this list to support reviews of online 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 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. Beginning in 2014-2015, the statewide catalog shall
also contain all of the following:
(A) The number of enrollments in each online 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 course in the immediately
preceding school year.
(C) The completion rate for each online course.
(x) Collaborate with key stakeholders to examine the need and
process for incorporating registration, payment services, and
transcript functionality to the statewide catalog.
(xi) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
online learning under section 21f and make findings and
recommendations publicly available.
(3) In order for the Michigan virtual university to receive
any funds allocated under this section, the Michigan virtual school
must maintain its accreditation status from recognized national and
international accrediting entities.
(4) If the course offerings are included in the statewide
catalog of online courses under subsection (2)(b)(ix), the Michigan
virtual school operated by the Michigan virtual university may
offer online 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)
General education development 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 course titles available to districts.
(c) The total number of online course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(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.
(8) Not later than November 1, 2014, 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
2014-2015 fiscal year that includes a breakdown on its projected
costs to deliver online educational services to districts and a
summary of the anticipated fees to be paid by districts for those
services. Beginning in 2013-2014, not later than February 1, 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 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.
(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 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.
(d) "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 in
which a teacher who holds a valid Michigan teaching certificate is
responsible for 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. 107. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $22,000,000.00 for 2014-2015 for
adult education programs authorized under this section. 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, a program
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, a person shall be enrolled in an adult basic education
program,
an adult English as a second language program, a general
educational
development (G.E.D.) 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 obtained a high school diploma or a
general
educational development (G.E.D.) 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 and is enrolled in the Michigan career and technical
institute.
(ii) 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.
(iii) Is enrolled in an English as a second language program.
(iv) Is enrolled in a high school completion program.
(b) If the individual has not obtained a high school diploma
or
G.E.D. achieved a 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.
(4) 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 10 prosperity regions 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. The department shall ensure that
the funds allocated under this subsection for 2014-2015 will
provide services in 2014-2015 to at least the same number of
individuals as the number of individuals who were enrolled in
programs funded under this section in 2013-2014. For 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 in 2013-2014, and 33% shall be allocated based on
the factors in subdivisions (a), (b), and (c). For 2015-2016, 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). For 2016-
2017, 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, as
reported by the most recent 5-year estimates from the American
community
survey (ACS) from the United States census bureau.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, as reported by the most
recent 5-year estimates from the American community survey (ACS)
from
the United States census bureau.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, as
reported by the most recent 5-year estimates from the American
community
survey (ACS) from the United States census bureau.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 as described in this section.
(b) Collaborate with education advisory groups of the
workforce development boards located in the prosperity region to
develop a regional strategy that aligns adult education programs
and services into an efficient and effective delivery system for
adult education learners.
(c) Collaborate with education advisory groups of the
workforce development boards located in the prosperity region 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, and cost to provide
instructional services. All local processes, criteria, and provider
determinations must be approved by the department before funds may
be distributed to the fiscal agent.
(d) 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.
(7) An adult basic 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 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 funding recipient enrolling a participant in an English
as a second language program is eligible for funding according to
subsection (11) 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.
(8)
A general educational development (G.E.D.) 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.
(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 G.E.D. practice
high school equivalency test to determine the individual's
potential
for success on the G.E.D. a
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) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i) The participant obtains the G.E.D.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
the
G.E.D. a high school
equivalency test after having completed
at
least 450 hours of instruction.
(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) 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.
(11) A funding recipient shall receive payments under this
section in accordance with the following:
(a) Seventy-five percent for enrollment of eligible
participants.
(b) Twenty-five percent for 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; for obtaining a G.E.D.
achieving a high school equivalency certificate or passage of 1 or
more
individual G.E.D. 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.
(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) 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.
(13) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(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.
(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.Department of Health
and Human Services.
(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.
(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.
(18) As used in this section:
(a) "Department" means the Michigan strategic fund.
(b) "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.
(c) "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. 230. (1) Money included in the appropriations for
community college operations under section 201(2) in fiscal year
2014-2015 for performance funding is distributed based on the
following formula:
(a) Allocated proportionate to fiscal year 2013-2014 base
appropriations, 50%.
(b) Based on contact hour equated students, 10%.
(c) Based on administrative costs, 7.5%.
(d) Based on a weighted degree formula as provided for in the
2006 recommendations of the performance indicators task force,
17.5%.
(e) Based on the local strategic value component, as developed
in
cooperation with the Michigan community college association
Community College Association and described in subsection (2), 15%.
(2) Money included in the appropriations for community college
operations under section 201(2) for local strategic value shall be
allocated to each community college that certifies to the state
budget director, through a board of trustees resolution on or
before October 15, 2014, that the college has met 4 out of 5 best
practices listed in each category described in subsection (3). The
resolution shall provide specifics as to how the community college
meets each best practice measure within each category. One-third of
funding available under the strategic value component shall be
allocated to each category described in subsection (3). Amounts
distributed under local strategic value shall be on a proportionate
basis to each college's fiscal year 2013-2014 operations funding.
Payments to community colleges that qualify for local strategic
value funding shall be distributed with the November installment
payment described in section 206.
(3) For purposes of subsection (2), the following categories
of best practices reflect functional activities of community
colleges that have strategic value to the local communities and
regional economies:
(a) For Category A, economic development and business or
industry partnerships, the following:
(i) The community college has active partnerships with local
employers including hospitals and health care providers.
(ii) The community college provides customized on-site training
for area companies, employees, or both.
(iii) The community college supports entrepreneurship through a
small business assistance center or other training or consulting
activities targeted toward small businesses.
(iv) The community college supports technological advancement
through industry partnerships, incubation activities, or operation
of a Michigan technical education center or other advanced
technology center.
(v) The community college has active partnerships with local
or regional workforce and economic development agencies.
(b) For Category B, educational partnerships, the following:
(i) The community college has active partnerships with regional
high schools, intermediate school districts, and career-tech
centers to provide instruction through dual enrollment, concurrent
enrollment, direct credit, middle college, or academy programs.
(ii) The community college hosts, sponsors, or participates in
enrichment programs for area K-12 students, such as college days,
summer or after-school programming, or science Olympiad.
(iii) The community college provides, supports, or participates
in programming to promote successful transitions to college for
traditional age students, including grant programs such as talent
search, upward bound, or other activities to promote college
readiness in area high schools and community centers.
(iv) The community college provides, supports, or participates
in programming to promote successful transitions to college for new
or reentering adult students, such as adult basic education,
general
education development certificate high
school equivalency
test preparation and testing, or recruiting, advising, or
orientation activities specific to adults.
(v) The community college has active partnerships with
regional 4-year colleges and universities to promote successful
transfer, such as articulation, 2+2, or reverse transfer agreements
or operation of a university center.
(c) For Category C, community services, the following:
(i) The community college provides continuing education
programming for leisure, wellness, personal enrichment, or
professional development.
(ii) The community college operates or sponsors opportunities
for community members to engage in activities that promote leisure,
wellness, cultural or personal enrichment such as community sports
teams, theater or musical ensembles, or artist guilds.
(iii) The community college operates public facilities to
promote cultural, educational, or personal enrichment for community
members, such as libraries, computer labs, performing arts centers,
museums, art galleries, or television or radio stations.
(iv) The community college operates public facilities to
promote leisure or wellness activities for community members,
including gymnasiums, athletic fields, tennis courts, fitness
centers, hiking or biking trails, or natural areas.
(v) The community college promotes, sponsors, or hosts
community service activities for students, staff, or community
members.
Sec. 256. (1) The funds appropriated in section 236 for the
tuition incentive program shall be distributed as provided in this
section and pursuant to the administrative procedures for the
tuition incentive program of the department of treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive
assistance program defined as the academic period of 80 semester or
120 term credits, or less, leading to an associate degree or
certificate.
(b) "Phase II" means the second part of the tuition incentive
assistance program which provides assistance in the third and
fourth year of 4-year degree programs.
(c) "Department" means the department of treasury.
(3) An individual shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive benefits:
(a) To be eligible for phase I, an individual shall meet all
of the following criteria:
(i) Apply for certification to the department any time after he
or she begins the sixth grade but before August 31 of the school
year in which he or she graduates from high school or before
completing
a general education development achieving
a high school
equivalency certificate.
(ii) Be less than 20 years of age at the time he or she
graduates from high school with a diploma or certificate of
completion
or completes a general education development achieves a
high school equivalency certificate.
(iii) Be a United States citizen and a resident of Michigan
according to institutional criteria.
(iv) Be at least a half-time student, earning less than 80
semester or 120 term credits at a participating educational
institution
within 4 years of high school graduation or completion
of
a general education development achievement
of a high school
equivalency certificate.
(v) Request information on filing a FAFSA.
(vi) Must meet the satisfactory academic progress policy of the
educational institution he or she attends.
(b) To be eligible for phase II, an individual shall meet
either of the following criteria in addition to the criteria in
subdivision (a):
(i) Complete at least 56 transferable semester or 84
transferable term credits.
(ii) Obtain an associate degree or certificate at a
participating institution.
(c) To be eligible for phase I or phase II, an individual must
not be incarcerated and must be financially eligible as determined
by the department. An individual is financially eligible for the
tuition incentive program if he or she was eligible for Medicaid
from the state of Michigan for 24 months within the 36 months
before application. The department shall accept certification of
Medicaid eligibility only from the department of human services for
the purposes of verifying if a person is Medicaid eligible for 24
months within the 36 months before application. Certification of
eligibility may begin in the sixth grade. As used in this
subdivision, "incarcerated" does not include detention of a
juvenile in a state-operated or privately operated juvenile
detention facility.
(4) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
shall reject billings that are excessive or outside the guidelines
for the type of educational institution.
(5) For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs
shall not be made for more than 80 semester or 120 term credits for
any individual student at any participating institution.
(b) For persons enrolled at a Michigan community college, the
department shall pay the current in-district tuition and mandatory
fees. For persons residing in an area that is not included in any
community college district, the out-of-district tuition rate may be
authorized.
(c) For persons enrolled at a Michigan public university, the
department shall pay lower division resident tuition and mandatory
fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit
degree-granting college or university, or a Michigan federal
tribally controlled community college, or Focus: HOPE, the
department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college
in-district per-credit tuition rate as reported on August 1, for
the immediately preceding academic year.
(6) A person participating in phase II may be eligible for
additional funds not to exceed $500.00 per semester or $400.00 per
term up to a maximum of $2,000.00 subject to the following
conditions:
(a) Credits are earned in a 4-year program at a Michigan
degree-granting 4-year college or university.
(b) The tuition reimbursement is for coursework completed
within 30 months of completion of the phase I requirements.
(7) The department shall work closely with participating
institutions to develop an application and eligibility
determination process that will provide the highest level of
participation and ensure that all requirements of the program are
met.
(8) Applications for the tuition incentive program may be
approved at any time after the student begins the sixth grade. If a
determination of financial eligibility is made, that determination
is valid as long as the student meets all other program
requirements and conditions.
(9) Each institution shall ensure that all known available
restricted grants for tuition and fees are used prior to billing
the tuition incentive program for any portion of a student's
tuition and fees.
(10) The department shall ensure that the tuition incentive
program is well publicized and that eligible Medicaid clients are
provided information on the program. The department shall provide
the necessary funding and staff to fully operate the program.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.