Bill Text: MI HB4085 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Education; calendar; qualifying professional development days or hours for teachers; allow to be counted as pupil instructional time. Amends sec. 101 of 1979 PA 94 (MCL 388.1701).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-01-26 - Bill Electronically Reproduced 01/25/2017 [HB4085 Detail]

Download: Michigan-2017-HB4085-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4085

 

 

January 25, 2017, Introduced by Rep. Tedder and referred to the Committee on Education Reform.

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 101 (MCL 388.1701), as amended by 2016 PA 249.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 101. (1) To be eligible to receive state aid under this

 

article, not later than the fifth Wednesday after the pupil

 

membership count day and not later than the fifth Wednesday after

 

the supplemental count day, each district superintendent shall

 

submit to the center and the intermediate superintendent, in the

 

form and manner prescribed by the center, the number of pupils

 

enrolled and in regular daily attendance in the district as of the

 

pupil membership count day and as of the supplemental count day, as

 

applicable, for the current school year. In addition, a district

 

maintaining school during the entire year, as provided under

 

section 1561 of the revised school code, MCL 380.1561, shall submit


to the center and the intermediate superintendent, in the form and

 

manner prescribed by the center, the number of pupils enrolled and

 

in regular daily attendance in the district for the current school

 

year pursuant to rules promulgated by the superintendent. Not later

 

than the sixth Wednesday after the pupil membership count day and

 

not later than the sixth Wednesday after the supplemental count

 

day, the district shall certify the data in a form and manner

 

prescribed by the center and file the certified data with the

 

intermediate superintendent. If a district fails to submit and

 

certify the attendance data, as required under this subsection, the

 

center shall notify the department and state aid due to be

 

distributed under this article shall be withheld from the

 

defaulting district immediately, beginning with the next payment

 

after the failure and continuing with each payment until the

 

district complies with this subsection. If a district does not

 

comply with this subsection by the end of the fiscal year, the

 

district forfeits the amount withheld. A person who willfully

 

falsifies a figure or statement in the certified and sworn copy of

 

enrollment shall be punished in the manner prescribed by section

 

161.

 

     (2) To be eligible to receive state aid under this article,

 

not later than the twenty-fourth Wednesday after the pupil

 

membership count day and not later than the twenty-fourth Wednesday

 

after the supplemental count day, an intermediate district shall

 

submit to the center, in a form and manner prescribed by the

 

center, the audited enrollment and attendance data for the pupils

 

of its constituent districts and of the intermediate district. If


an intermediate district fails to submit the audited data as

 

required under this subsection, state aid due to be distributed

 

under this article shall be withheld from the defaulting

 

intermediate district immediately, beginning with the next payment

 

after the failure and continuing with each payment until the

 

intermediate district complies with this subsection. If an

 

intermediate district does not comply with this subsection by the

 

end of the fiscal year, the intermediate district forfeits the

 

amount withheld.

 

     (3) Except as otherwise provided in subsections (11) and (12),

 

all of the following apply to the provision of pupil instruction:

 

     (a) Except as otherwise provided in this section, each

 

district shall provide at least 1,098 hours and, beginning in 2010-

 

2011, the required minimum number of days of pupil instruction.

 

Beginning in 2014-2015, the required minimum number of days of

 

pupil instruction is 175. However, all of the following apply to

 

these requirements:

 

     (i) If a collective bargaining agreement that provides a

 

complete school calendar was in effect for employees of a district

 

as of July 1, 2013, and if that school calendar is not in

 

compliance with this subsection, then this subsection does not

 

apply to that district until after the expiration of that

 

collective bargaining agreement. If a district entered into a

 

collective bargaining agreement on or after July 1, 2013 and if

 

that collective bargaining agreement did not provide for at least

 

175 days of pupil instruction beginning in 2014-2015, then the

 

department shall withhold from the district's total state school


aid an amount equal to 5% of the funding the district receives in

 

2014-2015 under sections 22a and 22b.

 

     (ii) A district may apply for a waiver under subsection (9)

 

from the requirements of this subdivision.

 

     (b) Beginning in 2016-2017, the required minimum number of

 

days of pupil instruction is 180. If a collective bargaining

 

agreement that provides a complete school calendar was in effect

 

for employees of a district as of the effective date of the

 

amendatory act that added this subdivision, June 24, 2014, and if

 

that school calendar is not in compliance with this subdivision,

 

then this subdivision does not apply to that district until after

 

the expiration of that collective bargaining agreement. A district

 

may apply for a waiver under subsection (9) from the requirements

 

of this subdivision.

 

     (c) Except as otherwise provided in this article, a district

 

failing to comply with the required minimum hours and days of pupil

 

instruction under this subsection shall forfeit from its total

 

state aid allocation an amount determined by applying a ratio of

 

the number of hours or days the district was in noncompliance in

 

relation to the required minimum number of hours and days under

 

this subsection. Not later than August 1, the board of each

 

district shall either certify to the department that the district

 

was in full compliance with this section regarding the number of

 

hours and days of pupil instruction in the previous school year, or

 

report to the department, in a form and manner prescribed by the

 

center, each instance of noncompliance. If the district did not

 

provide at least the required minimum number of hours and days of


pupil instruction under this subsection, the deduction of state aid

 

shall be made in the following fiscal year from the first payment

 

of state school aid. A district is not subject to forfeiture of

 

funds under this subsection for a fiscal year in which a forfeiture

 

was already imposed under subsection (6).

 

     (d) Hours or days lost because of strikes or teachers'

 

conferences shall not be counted as hours or days of pupil

 

instruction.

 

     (e) If a collective bargaining agreement that provides a

 

complete school calendar is in effect for employees of a district

 

as of October 19, 2009, and if that school calendar is not in

 

compliance with this subsection, then this subsection does not

 

apply to that district until after the expiration of that

 

collective bargaining agreement.

 

     (f) Except as otherwise provided in subdivisions (g) and (h),

 

a district not having at least 75% of the district's membership in

 

attendance on any day of pupil instruction shall receive state aid

 

in that proportion of 1/180 that the actual percent of attendance

 

bears to the specified percentage.

 

     (g) If a district adds 1 or more days of pupil instruction to

 

the end of its instructional calendar for a school year to comply

 

with subdivision (a) because the district otherwise would fail to

 

provide the required minimum number of days of pupil instruction

 

even after the operation of subsection (4) due to conditions not

 

within the control of school authorities, then subdivision (f) does

 

not apply for any day of pupil instruction that is added to the end

 

of the instructional calendar. Instead, for any of those days, if


the district does not have at least 60% of the district's

 

membership in attendance on that day, the district shall receive

 

state aid in that proportion of 1/180 that the actual percentage of

 

attendance bears to the specified percentage. For any day of pupil

 

instruction added to the instructional calendar as described in

 

this subdivision, the district shall report to the department the

 

percentage of the district's membership that is in attendance, in

 

the form and manner prescribed by the department.

 

     (h) At the request of a district that operates a department-

 

approved alternative education program and that does not provide

 

instruction for pupils in all of grades K to 12, the superintendent

 

shall grant a waiver from the requirements of subdivision (f). The

 

waiver shall indicate that an eligible district is subject to the

 

proration provisions of subdivision (f) only if the district does

 

not have at least 50% of the district's membership in attendance on

 

any day of pupil instruction. In order to be eligible for this

 

waiver, a district must maintain records to substantiate its

 

compliance with the following requirements:

 

     (i) The district offers the minimum hours of pupil instruction

 

as required under this section.

 

     (ii) For each enrolled pupil, the district uses appropriate

 

academic assessments to develop an individual education plan that

 

leads to a high school diploma.

 

     (iii) The district tests each pupil to determine academic

 

progress at regular intervals and records the results of those

 

tests in that pupil's individual education plan.

 

     (i) All of the following apply to a waiver granted under


subdivision (h):

 

     (i) If the waiver is for a blended model of delivery, a waiver

 

that is granted for the 2011-2012 fiscal year or a subsequent

 

fiscal year remains in effect unless it is revoked by the

 

superintendent.

 

     (ii) If the waiver is for a 100% online model of delivery and

 

the educational program for which the waiver is granted makes

 

educational services available to pupils for a minimum of at least

 

1,098 hours during a school year and ensures that each pupil

 

participates in the educational program for at least 1,098 hours

 

during a school year, a waiver that is granted for the 2011-2012

 

fiscal year or a subsequent fiscal year remains in effect unless it

 

is revoked by the superintendent.

 

     (iii) A waiver that is not a waiver described in subparagraph

 

(i) or (ii) is valid for 1 fiscal year and must be renewed annually

 

to remain in effect.

 

     (j) The superintendent shall promulgate rules for the

 

implementation of this subsection.

 

     (4) Except as otherwise provided in this subsection, the first

 

6 days or the equivalent number of hours for which pupil

 

instruction is not provided because of conditions not within the

 

control of school authorities, such as severe storms, fires,

 

epidemics, utility power unavailability, water or sewer failure, or

 

health conditions as defined by the city, county, or state health

 

authorities, shall be counted as hours and days of pupil

 

instruction. With the approval of the superintendent of public

 

instruction, the department shall count as hours and days of pupil


instruction for a fiscal year not more than 3 additional days or

 

the equivalent number of additional hours for which pupil

 

instruction is not provided in a district due to unusual and

 

extenuating occurrences resulting from conditions not within the

 

control of school authorities such as those conditions described in

 

this subsection. Subsequent such hours or days shall not be counted

 

as hours or days of pupil instruction.

 

     (5) A district shall not forfeit part of its state aid

 

appropriation because it adopts or has in existence an alternative

 

scheduling program for pupils in kindergarten if the program

 

provides at least the number of hours required under subsection (3)

 

for a full-time equated membership for a pupil in kindergarten as

 

provided under section 6(4).

 

     (6) In addition to any other penalty or forfeiture under this

 

section, if at any time the department determines that 1 or more of

 

the following have occurred in a district, the district shall

 

forfeit in the current fiscal year beginning in the next payment to

 

be calculated by the department a proportion of the funds due to

 

the district under this article that is equal to the proportion

 

below the required minimum number of hours and days of pupil

 

instruction under subsection (3), as specified in the following:

 

     (a) The district fails to operate its schools for at least the

 

required minimum number of hours and days of pupil instruction

 

under subsection (3) in a school year, including hours and days

 

counted under subsection (4).

 

     (b) The board of the district takes formal action not to

 

operate its schools for at least the required minimum number of


hours and days of pupil instruction under subsection (3) in a

 

school year, including hours and days counted under subsection (4).

 

     (7) In providing the minimum number of hours and days of pupil

 

instruction required under subsection (3), a district shall use the

 

following guidelines, and a district shall maintain records to

 

substantiate its compliance with the following guidelines:

 

     (a) Except as otherwise provided in this subsection, a pupil

 

must be scheduled for at least the required minimum number of hours

 

of instruction, excluding study halls, or at least the sum of 90

 

hours plus the required minimum number of hours of instruction,

 

including up to 2 study halls.

 

     (b) The time a pupil is assigned to any tutorial activity in a

 

block schedule may be considered instructional time, unless that

 

time is determined in an audit to be a study hall period.

 

     (c) Except as otherwise provided in this subdivision, a pupil

 

in grades 9 to 12 for whom a reduced schedule is determined to be

 

in the individual pupil's best educational interest must be

 

scheduled for a number of hours equal to at least 80% of the

 

required minimum number of hours of pupil instruction to be

 

considered a full-time equivalent pupil. A pupil in grades 9 to 12

 

who is scheduled in a 4-block schedule may receive a reduced

 

schedule under this subsection if the pupil is scheduled for a

 

number of hours equal to at least 75% of the required minimum

 

number of hours of pupil instruction to be considered a full-time

 

equivalent pupil.

 

     (d) If a pupil in grades 9 to 12 who is enrolled in a

 

cooperative education program or a special education pupil cannot


receive the required minimum number of hours of pupil instruction

 

solely because of travel time between instructional sites during

 

the school day, that travel time, up to a maximum of 3 hours per

 

school week, shall be considered to be pupil instruction time for

 

the purpose of determining whether the pupil is receiving the

 

required minimum number of hours of pupil instruction. However, if

 

a district demonstrates to the satisfaction of the department that

 

the travel time limitation under this subdivision would create

 

undue costs or hardship to the district, the department may

 

consider more travel time to be pupil instruction time for this

 

purpose.

 

     (e) In grades 7 through 12, instructional time that is part of

 

a junior reserve officer training corps Junior Reserve Officer

 

Training Corps (JROTC) program shall be considered to be pupil

 

instruction time regardless of whether the instructor is a

 

certificated teacher if all of the following are met:

 

     (i) The instructor has met all of the requirements established

 

by the United States Department of Defense and the applicable

 

branch of the armed services for serving as an instructor in the

 

junior reserve officer training corps Junior Reserve Officer

 

Training Corps program.

 

     (ii) The board of the district or intermediate district

 

employing or assigning the instructor complies with the

 

requirements of sections 1230 and 1230a of the revised school code,

 

MCL 380.1230 and 380.1230a, with respect to the instructor to the

 

same extent as if employing the instructor as a regular classroom

 

teacher.


     (8) Except as otherwise provided in subsections (11) and (12),

 

the department shall apply the guidelines under subsection (7) in

 

calculating the full-time equivalency of pupils.

 

     (9) Upon application by the district for a particular fiscal

 

year, the superintendent shall waive for a district the minimum

 

number of hours and days of pupil instruction requirement of

 

subsection (3) for a department-approved alternative education

 

program or another innovative program approved by the department,

 

including a 4-day school week. If a district applies for and

 

receives a waiver under this subsection and complies with the terms

 

of the waiver, the district is not subject to forfeiture under this

 

section for the specific program covered by the waiver. If the

 

district does not comply with the terms of the waiver, the amount

 

of the forfeiture shall be calculated based upon a comparison of

 

the number of hours and days of pupil instruction actually provided

 

to the minimum number of hours and days of pupil instruction

 

required under subsection (3). Pupils enrolled in a department-

 

approved alternative education program under this subsection shall

 

be reported to the center in a form and manner determined by the

 

center. All of the following apply to a waiver granted under this

 

subsection:

 

     (a) If the waiver is for a blended model of delivery, a waiver

 

that is granted for the 2011-2012 fiscal year or a subsequent

 

fiscal year remains in effect unless it is revoked by the

 

superintendent.

 

     (b) If the waiver is for a 100% online model of delivery and

 

the educational program for which the waiver is granted makes


educational services available to pupils for a minimum of at least

 

1,098 hours during a school year and ensures that each pupil is on

 

track for course completion at proficiency level, a waiver that is

 

granted for the 2011-2012 fiscal year or a subsequent fiscal year

 

remains in effect unless it is revoked by the superintendent.

 

     (c) A waiver that is not a waiver described in subdivision (a)

 

or (b) is valid for 1 fiscal year and must be renewed annually to

 

remain in effect.

 

     (10) Until 2014-2015, a district may count up to 38 hours of

 

qualifying professional development for teachers as hours of pupil

 

instruction. However, if a collective bargaining agreement that

 

provides for the counting of up to 38 hours of qualifying

 

professional development for teachers as pupil instruction is in

 

effect for employees of a district as of July 1, 2013, then until

 

the school year that begins after the expiration of that collective

 

bargaining agreement a district may count up to the contractually

 

specified number of hours of qualifying professional development

 

for teachers as hours of pupil instruction. Professional

 

development provided online is allowable and encouraged, as long as

 

the instruction has been approved by the district. The department

 

shall issue a list of approved online professional development

 

providers, which shall include the Michigan Virtual School. As used

 

in this subsection, "qualifying professional development" means

 

professional development that is focused on 1 or more of the

 

following:

 

     (a) Achieving or improving adequate yearly progress as defined

 

under the no child left behind act of 2001, Public Law 107-110.


     (b) Achieving accreditation or improving a school's

 

accreditation status under section 1280 of the revised school code,

 

MCL 380.1280.

 

     (c) Achieving highly qualified teacher status as defined under

 

the no child left behind act of 2001, Public Law 107-110.

 

     (d) Integrating technology into classroom instruction.

 

     (e) Maintaining teacher certification.

 

     (11) Subsections (3) and (8) do not apply to a school of

 

excellence that is a cyber school, as defined in section 551 of the

 

revised school code, MCL 380.551, and is in compliance with section

 

553a of the revised school code, MCL 380.553a.

 

     (12) Subsections (3) and (8) do not apply to eligible pupils

 

enrolled in a dropout recovery program that meets the requirements

 

of section 23a. As used in this subsection, "eligible pupil" means

 

that term as defined in section 23a.

 

     (13) Beginning in 2013, at least every 2 years the

 

superintendent shall review the waiver standards set forth in the

 

pupil accounting and auditing manuals to ensure that the waiver

 

standards and waiver process continue to be appropriate and

 

responsive to changing trends in online learning. The

 

superintendent shall solicit and consider input from stakeholders

 

as part of this review.

 

     (14) Beginning in 2017-2018, if a district is not counting

 

hours of qualifying professional development for teachers as hours

 

of pupil instruction under subsection (10), a district may count up

 

to 5 days or up to 30 hours of qualifying professional development

 

for teachers as days or hours of pupil instruction. For the


purposes of this subsection, professional development is considered

 

to be qualifying professional development if it is approved by the

 

district superintendent or school principal.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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