Bill Text: MI HB4504 | 2013-2014 | 97th Legislature | Introduced
Bill Title: School aid; other; funding for student ordered into residential mental health child care institution; provide for from foundation allowance. Amends 1979 PA 94 (MCL 388.1601 - 388.1896) by adding sec. 27.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-10 - Printed Bill Filed 04/10/2013 [HB4504 Detail]
Download: Michigan-2013-HB4504-Introduced.html
HOUSE BILL No. 4504
April 9, 2013, Introduced by Reps. Lyons and Haines and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
(MCL 388.1601 to 388.1896) by adding section 27.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 27. (1) Subject to subsection (2), if a pupil counted in
membership in a district or intermediate district is admitted to a
residential mental health facility that provides an appropriate
educational program, and if the mental health facility reports the
admission information and number of days that the pupil was
educated at the residential mental health program to the department
and to the district or intermediate district in which the pupil is
counted in membership, then the district or intermediate district
in which the pupil is counted in membership shall pay to the
residential mental health facility an amount equal to the amount of
the foundation allowance or per-pupil payment as calculated under
section 20 for the district or intermediate district in which the
pupil is counted in membership, prorated according to the number of
days of the school year ending in the fiscal year the pupil is
educated at the residential mental health program compared to the
number of days of the school year ending in the fiscal year the
pupil was actually enrolled in the district or intermediate
district in which the pupil is counted in membership. The
foundation allowance or per-pupil payment shall be adjusted by the
pupil's full-time equated status as affected by the membership
definition under section 6(4).
(2) This section applies only if all of the following are met:
(a) The pupil is admitted to the residential mental health
facility under a licensed physician's written order and that order
is based on medical necessity.
(b) The residential mental health facility provides an
appropriate educational program that meets the requirements
prescribed under rules promulgated under subsection (4).
(c) The residential mental health facility reports the
admission information and number of days that the pupil was
educated at the residential mental health program to the department
and to the district or intermediate district in which the pupil is
counted in membership, in the manner prescribed under rules
promulgated under subsection (4).
(3) If a district or intermediate district does not make the
payment required under this section within 60 days after receipt of
the report of admission and education information under subsection
(2), the department shall calculate the amount owed, and shall
withhold an amount equal to 2 times that amount from the remaining
state school aid payments to the district or intermediate district
for that fiscal year under this act until the payment is made.
(4) The superintendent shall promulgate rules for the
implementation of this section, including, but not limited to,
rules prescribing requirements and procedures for determining if a
residential mental health facility is providing an appropriate
educational program and rules as necessary prescribing procedures
for reporting admission information and allocating funding as
provided in this section.
(5) The payments made to a residential mental health facility
under this section are in addition to funds allocated to the
facility under federal law.
(6) As used in this section, "licensed physician" means a
physician licensed under part 170 of the public health code, 1978
PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician
licensed under part 175 of the public health code, 1978 PA 368, MCL
333.17501 to 333.17556.
