HOUSE BILL NO. 6250

A bill to amend 2000 PA 258, entitled

"Career and technical preparation act,"

by amending section 3 (MCL 388.1903), as amended by 2020 PA 130.

the people of the state of michigan enact:

Sec. 3. (1) As used in this act:

(a) "Career and technical preparation program" means a program that teaches a trade, occupation, or vocation and that is operated by an eligible postsecondary educational institution located in this state.

(b) "Community college" means a community college established under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, or a federal tribally controlled community college located in this state that is recognized under the tribally controlled colleges and universities assistance act of 1978, 25 USC 1801 to 1864, and is determined by the department to meet the requirements for accreditation by a recognized regional accrediting body.

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

(d) "Eligible charges" means tuition and mandatory course fees, material fees, and registration fees required by a career and technical preparation program for enrollment in an eligible course. Eligible charges also include any late fees charged by a career and technical preparation program due to the school district's or department of treasury's failure to make a required payment according to the timetable prescribed under this act. Eligible charges do not include transportation or parking costs or activity fees.

(e) "Eligible course" means a course offered by a career and technical preparation program that is offered for postsecondary credit or is part of a noncredit occupational training program leading to an industry-recognized credential; that is not offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school in which the eligible student is enrolled, or that is offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school but is determined by its governing board to not be available to the eligible student because of a scheduling conflict beyond the eligible student's control; that is a career and technical preparation course not ordinarily taken as an activity course; that is a course that the career and technical preparation program normally applies toward satisfaction of certificate, degree, or program completion requirements; that is offered in whole or in part when the school district or state approved nonpublic school is in session or, if approved by the school district or state approved nonpublic school, that is offered in whole when the school district or state approved nonpublic school is not in session; and that is not a hobby, craft, or recreational course. For each individual eligible student, unless there is a written agreement between the eligible student's school district and the career and technical preparation program to waive these limits, a course described in this subdivision is not an eligible course if the eligible student's enrollment in, and the payment of eligible charges under this act for, the course would exceed the following limits:

(i) Not more than 10 courses overall. This limit and the limits under subparagraphs (ii) to (iv) do not apply to a course if the eligible student does not receive tuition and fee support under this act for that course.

(ii) If the eligible student first enrolls in a course under this act when the eligible student is in grade 9, not more than 2 courses during each academic year in the eligible student's first, second, or third academic year of enrollment under this act in a career and technical preparation program and not more than 4 courses during the academic year in the eligible student's fourth academic year of enrollment under this act in a career and technical preparation program.

(iii) If the eligible student first enrolls in a course under this act when the eligible student is in grade 10, not more than 2 courses during the academic year in the eligible student's first academic year of enrollment under this act in a career and technical preparation program, not more than 4 courses during the academic year in the eligible student's second academic year of enrollment under this act in a career and technical preparation program, and not more than 4 courses during the academic year in the eligible student's third academic year of enrollment under this act in a career and technical preparation program.

(iv) Subject to the overall course limit under subparagraph (i), if the eligible student first enrolls in a course under this act when the eligible student is in grade 11 or 12, not more than 6 courses during either of those academic years of enrollment in a career and technical preparation program.

(f) "Eligible postsecondary educational institution" means a state university, community college, or independent nonprofit degree-granting college or university that is located in this state and that chooses to comply with this act.

(g) "Eligible student" means a student enrolled in a high school in a school district or state approved nonpublic school in this state, except a foreign exchange pupil enrolled under a cultural exchange program or a student who does not have at least 1 parent or legal guardian who is a resident of this state. However, subject to subsection (2), the student must not have been enrolled in high school for more than 4 school years including the school year in which the student seeks to enroll in an eligible course under this act. To be an eligible student, except as otherwise provided in this subdivision, a student who has not taken the Michigan merit examination must have achieved a qualifying score in all subject areas on a readiness assessment and a student who has taken the Michigan merit examination must have achieved a qualifying score in all subject areas on the Michigan merit examination, and, subject to subsection (2), the student must not have been enrolled in high school for more than 4 school years including the school year in which the student seeks to enroll in an eligible course under this act. However, except as otherwise provided in this subdivision, if the student has not achieved a qualifying score in all subject areas on a readiness assessment or the Michigan merit examination, as applicable for the student, the student is an eligible student if the student achieves a qualifying score in mathematics and a qualifying score on a nationally or industry-recognized job skills assessment test as determined by the superintendent of public instruction. For enrollment in eligible courses that begin after April 30, 2020 and end before the start of the 2020-2021 academic year and for enrollment in eligible courses offered during the 2020-2021 academic year during the period beginning on the effective date of the amendatory act that added this sentence and ending on the last day of the 2020-2021 academic year, a student is an eligible student if the student has achieved a grade point average of at least 2.5, as determined by the school district or state approved nonpublic school in which he or she is enrolled, regardless of whether or not the student has achieved a qualifying score in all subject areas on a readiness assessment or the Michigan merit examination, or a qualifying score in mathematics and on a nationally or industry-recognized job skills assessment test. For the purposes of determining the number of years a pupil has been enrolled in high school, a pupil who is enrolled in high school for less than 90 days of a school year due to illness or other circumstances beyond the control of the pupil or the pupil's parent or guardian is not considered to be enrolled in high school for that school year.

(h) "Intermediate school district" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

(i) "Michigan merit examination" means that examination developed under section 1279g of the revised school code, 1976 PA 451, MCL 380.1279g.

(j) "Qualifying score" means a score on a readiness assessment or on a nationally or industry-recognized job skills assessment test that has been determined by the superintendent of public instruction to indicate readiness to enroll in a course under this act.

(k) "Readiness assessment" means assessment instruments that are aligned with state learning standards; that are used nationally to provide high school students with an early indication of college readiness proficiency in English, mathematics, reading, social studies, and science and may contain a comprehensive career planning program; and that are approved by the superintendent of public instruction for the purposes of this act.

(l) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(m) "State approved nonpublic school" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.

(n) "State university" means a state institution of higher education described in section 4, 5, or 6 of article VIII of the state constitution of 1963.

(2) The department, in consultation with the superintendent of public instruction, shall promulgate rules establishing criteria and procedures under which a student who has been enrolled in high school for more than 4 years but not more than 5 years may be considered to be an eligible student. The rules must address special circumstances under which a student may qualify to be considered an eligible student under this subsection and may limit the number of courses in which a student who qualifies under this subsection may enroll. For the purposes of determining the number of years a pupil has been enrolled in high school, a pupil who is enrolled in high school for less than 90 days of a school year due to illness or other circumstances beyond the control of the pupil or the pupil's parent or guardian is not considered to be enrolled for that school year.A fifth-year high school student enrolled and in attendance at a school district, intermediate school district, public school academy, or state approved nonpublic school, including a student enrolled and in attendance in an alternative education program operated by a school district, intermediate school district, public school academy, or state approved nonpublic school, is an eligible student under this act if all of the following requirements are satisfied:

(a) For a fifth-year high school student who is not enrolled and in attendance at an early/middle college, all of the following:

(i) The student has not met all of the requirements to be eligible to receive a high school diploma.

(ii) The student is enrolled in not more than 2 eligible courses under this act or eligible courses under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, at 1 time and not more than a total of 4 eligible courses under this act or eligible courses under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, during the school year.

(iii) The student is not a foreign exchange student enrolled under a cultural exchange program.

(iv) The student has at least 1 parent or legal guardian who is a resident of this state.

(v) The student does not enroll in and receive tuition and fee support for more than 10 total eligible courses under this act or eligible courses under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, including the eligible courses taken when the student is a fifth-year high school student. The requirement under this subdivision does not apply if there is a written agreement between the student's school district, intermediate school district, public school academy, or state approved nonpublic school and the eligible postsecondary institution that operates the career and technical preparation program to waive this requirement.

(b) For a fifth-year high school student who is enrolled and in attendance at an early/middle college, the student has not met all of the requirements to be eligible to receive a high school diploma.

(c) The student has a plan on file at the school district, intermediate school district, public school academy, or state approved nonpublic school to complete graduation requirements within the academic year, including eligible courses taken under this act or eligible courses taken under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, as applicable. The plan described in this subdivision must be signed by the principal or an equivalent administrator or his or her designee, the student's parent or legal guardian, and the student. If the student is at least 18 years of age or is an emancipated minor, the student may act on his or her own behalf under this subdivision.

(3) Subsection (2) does not prohibit a school district, intermediate school district, public school academy, or state approved nonpublic school from supporting college-level courses or career preparation courses for any student if it is in the best interest of the student.

(4) As used in subsection (2):

(a) "Early/middle college" means a public high school designed to allow a student to earn both a high school diploma and at least 1 of the following:

(i) An associate degree.

(ii) An industry-recognized technical certification.

(iii) Up to 60 transferrable college credits.

(iv) The right to participate in a registered apprenticeship.

(b) "Fifth-year high school student" means a student who is enrolled in high school for more than 4 years but not more than 5 years. For the purposes of determining the number of years a student has been enrolled in high school under this subdivision, a student who is enrolled in high school for less than 90 days of a school year due to illness or other circumstances beyond the control of the student or the student's parent or legal guardian is not considered to be enrolled for that school year.