Bill Text: MI HB4206 | 2019-2020 | 100th Legislature | Engrossed

Michigan House Bill 4206 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: School aid: penalties; exception to minimum days of pupil instruction requirement for district closure during a declared state of emergency; provide for. Amends sec. 101 of 1979 PA 94 (MCL 388.1701).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2019-05-14 - Assigned Pa 11'19 With Immediate Effect [HB4206 Detail]

Download: Michigan-2019-HB4206-Engrossed.html

HB-4206, As Passed House, April 17, 2019

SUBSTITUTE FOR

HOUSE BILL NO. 4206

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 2018 PA 586.

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.

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),

and (i), 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) If a district does not have at least 75% of the district's

membership in attendance as required under subdivision (f) because

of documented conditions not within the control of school

authorities, such as those conditions described under subsection

(4), then subdivision (f) does not apply for any of those days.

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 described under 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.

(i) ~~(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.

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

subdivision ~~(h):~~(i):

(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.

House Bill No. 4206 as amended April 17, 2019

(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.

(k) ~~(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.~~

(4) All of the following apply to the provision of pupil instruction:

(a) 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, are counted as hours and days of pupil instruction.

(b) In addition to the 6 days under subdivision (a), with the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction the days and the equivalent number of hours for which pupil instruction is not provided that are included in a period for which the governor has issued an executive order declaring a state of emergency if all of the following requirements are met:

(i) Subject to subsection (14), the district provides its hourly employees the full compensation that they would have been entitled to had they worked for the period during which pupil instruction was not provided as described in this subdivision. This subparagraph does not apply to an hourly employee covered by a collective bargaining agreement or employment agreement that is ratified after the effective date of the amendatory act that added this subparagraph or an hourly employee who is employed by the district after the effective date of the amendatory act that added this subparagraph.

(ii) The district provides written documentation to the department that its hourly employees described under subparagraph (i) to whom subparagraph (i) applies received full compensation as required under subparagraph (i).

(iii) Part or all of the district is located in a geographic area for which an executive order described under this subdivision applies.

(c) 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 subdivision (a).

(d) For 2018-2019 only, if a district does not provide pupil instruction for greater than 14 days due to conditions described under this subsection, including those days counted as days of pupil instruction under this subsection, but the district does provide at least the required minimum number of hours of pupil instruction, the district is not subject to the minimum number of days of pupil instruction requirement of this section. The exception in this subdivision only applies to a district if both of the following are met:

(i) In providing the minimum number of hours of pupil instruction required under this section, the district adds pupil instruction time to a scheduled day in at least 30-minute increments.

(ii) The district meets the requirements under subdivision (b), as applicable.]

(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.

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.

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

remain in effect.

(d) For 2018-2019 only, the department shall grant a waiver to

a district that applies for a waiver for a blended model of

delivery after the department's application deadline if the

district meets the other requirements for a waiver under this

subsection.

(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.

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

House Bill No. 4206 as amended April 17, 2019

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) A district is not subject to the

requirements under subsection (4)(b)(i) and (ii) if either of the following are met:

(a) The DISTRICT HAS A COLLECTIVE BARGAINING AGREEMENT WITH A BARGAINING REPRESENTATIVE OF its HOURLY EMPLOYEEs, OR HAS AN EMPLOYMENT AGREEMENT WITH AN HOURLY EMPLOYEE, THAT IS IN EFFECT AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION THAT EXPLICITLY ADDRESSES COMPENSATION REGARDING PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED DUE TO INCLEMENT WEATHER OR OTHER EMERGENCY.

(b) The DISTRICT DEMONSTRATEs to the department THAT IT has PROVIDED ITS HOURLY EMPLOYEES WITH COMPENSATION OR A BENEFIT IN LIEU OF COMPENSATION based on a written agreement with the bargaining REPRESENTATIVE or employee, as APPLICABLE, FOR PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER SUBSECTION (4)(B).]