Bill Text: MI HB4546 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education; dual enrollment; certain dual enrollment eligibility requirements in career and technical preparation act; modify. Amends secs. 3 & 4 of 2000 PA 258 (MCL 388.1903 & 388.1904).

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2020-07-21 - Assigned Pa 130'20 With Immediate Effect [HB4546 Detail]

Download: Michigan-2019-HB4546-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4546

 

 

May 2, 2019, Introduced by Reps. Kahle, Howell and Frederick and referred to the Committee on Education.

 

     A bill to amend 2000 PA 258, entitled

 

"Career and technical preparation act,"

 

by amending sections 3 and 4 (MCL 388.1903 and 388.1904), section 3

 

as amended by 2012 PA 132 and section 4 as amended by 2012 PA 133.

 

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 1852, 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; and that is not a hobby, craft, or

 

recreational course. A course that is offered only during a time

 

when the school district or state approved nonpublic school is not

 

in session may be an eligible course under this subdivision, as

 

determined by the school district or state approved nonpublic

 

school. 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 at least 1

 

a high school class 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 shall


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, 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 shall 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, 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 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 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 shall 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.

 

     Sec. 4. (1) Upon request by the eligible student, the school

 

district or state approved nonpublic school in which an eligible

 

student is enrolled shall provide to the eligible student a letter

 

signed by the student's principal indicating the student's

 

eligibility under this act.

 

     (2) An eligible student may apply to a career and technical

 

preparation program to enroll in 1 or more eligible courses offered

 

by that career and technical preparation program and, if accepted,

 

may enroll in 1 or more of those courses.

 

     (3) For an eligible student enrolled in a school district,

 

within a reasonable time after registration, the career and

 

technical preparation program shall send written notice to the

 

eligible student and his or her school district. For an eligible

 

student enrolled in a state approved nonpublic school, within a

 

reasonable time after registration, the career and technical

 

preparation program shall send written notice to the eligible

 

student and his or her state approved nonpublic school and to the


department. The notice shall must indicate the course or courses

 

and hours of enrollment of that eligible student. The career and

 

technical preparation program shall notify the eligible student

 

about tuition, fees, books, materials, and other related charges,

 

as determined by the career and technical preparation program, in

 

the customary manner used by the career and technical preparation

 

program, and shall notify the eligible student of the estimated

 

amount of the eligible charges that will be billed to the school

 

district or department, as applicable, under subsection (4).

 

     (4) For an eligible student enrolled in a school district,

 

unless otherwise agreed between the career and technical

 

preparation program and the school district, after the expiration

 

of the career and technical preparation program's drop/add period

 

for the course, the career and technical preparation program shall

 

send a bill to the eligible student's school district detailing the

 

eligible charges for each eligible course in which the eligible

 

student is enrolled under this act. For an eligible student who is

 

enrolled in a state approved nonpublic school, after the expiration

 

of the career and technical preparation program's drop/add period

 

for the course, both of the following apply:

 

     (a) The career and technical preparation program shall send a

 

bill to the department detailing the eligible charges for each

 

eligible course in which the eligible student is enrolled under

 

this act.

 

     (b) The department shall determine the amount of the eligible

 

charges to be paid by the department of treasury to the career and

 

technical preparation program on behalf of the eligible student


under this act and shall deliver this information to the department

 

of treasury by appropriate electronic means.

 

     (5) For an eligible student enrolled in a school district,

 

upon receiving the bill under subsection (4), the school district

 

shall cause to be paid to the career and technical preparation

 

program on behalf of the eligible student an amount equal to the

 

lesser of the amount of the eligible charges or the prorated

 

percentage of the statewide pupil-weighted average foundation

 

allowance, as calculated under section 20 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1620, for all school districts for

 

the state fiscal year that begins on October 1 of the academic year

 

of enrollment in the career and technical preparation program, with

 

the proration based on the proportion of the school year that the

 

eligible student attends the career and technical preparation

 

program. number of hours of instruction that the eligible student

 

attends the career and technical preparation program divided by the

 

number of hours required under section 101 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1701, for full-time equivalency.

 

However, in the calculation of the statewide pupil-weighted average

 

foundation allowance for the purposes of this subsection, if a

 

school district's foundation allowance is above the basic

 

foundation allowance under section 20 of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1620, then the school district's

 

foundation allowance shall must be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as


calculated for the purposes of this subsection. A school district

 

may pay more money to a career and technical preparation program on

 

behalf of an eligible student than is required under this act, and

 

may use local school operating revenue for that purpose. The

 

eligible student is responsible for payment of the remainder of the

 

costs associated with his or her enrollment in the career and

 

technical preparation program that exceed the amount the school

 

district is required to pay under this act and that are not paid by

 

the school district. As used in this subsection, "local school

 

operating revenue" means that term as defined in section 20 of the

 

state school aid act of 1979, 1979 PA 94, MCL 388.1620.

 

     (6) For an eligible student who is enrolled in a state

 

approved nonpublic school, upon receiving from the department under

 

subsection (4) the amount of the eligible charges to be paid on

 

behalf of the eligible student, the department of treasury shall

 

cause to be paid to the career and technical preparation program on

 

behalf of the eligible student an amount equal to the lesser of the

 

amount of the eligible charges or the prorated percentage of the

 

statewide pupil-weighted average foundation allowance, as

 

calculated under section 20 of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1620, for all school districts for the state

 

fiscal year that begins on October 1 of the academic year of

 

enrollment in the career and technical preparation program, with

 

the proration based on the proportion of the school year that the

 

eligible student attends the career and technical preparation

 

program. number of hours of instruction that the eligible student

 

attends the career and technical preparation program divided by the


number of hours required under section 101 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1701, for full-time equivalency.

 

However, in the calculation of the statewide pupil-weighted average

 

foundation allowance for the purposes of this subsection, if a

 

school district's foundation allowance is above the basic

 

foundation allowance under section 20 of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1620, then the school district's

 

foundation allowance shall must be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as

 

calculated for the purposes of this subsection. The eligible

 

student is responsible for payment of the remainder of the costs

 

associated with his or her enrollment in the career and technical

 

preparation program that exceed the amount the department of

 

treasury is required to pay under this act and that are not paid by

 

the department of treasury.

 

     (7) A career and technical preparation program shall not

 

charge a late fee to an eligible student, a school district, the

 

department, or the department of treasury for a payment that is

 

made in compliance with the timetable prescribed under this act

 

even if the payment would otherwise be considered late by the

 

career and technical preparation program.

 

     (8) A school district, state approved nonpublic school, or the

 

department may require an eligible student to provide, on a form

 

supplied by the school district, state approved nonpublic school,

 

or the department, reasonable verification that the eligible


student is regularly attending a career and technical preparation

 

course under this act.

 

     (9) For an eligible student who is enrolled in a school

 

district and who enrolls in an eligible course under this act, if

 

the eligible student does not complete the eligible course, and if

 

the school district has paid money for the course or, if the

 

eligible student enrolls in an eligible course for postsecondary

 

credit only and the eligible student does not successfully complete

 

the eligible course, as determined by the career and technical

 

preparation program, on behalf of the student, all of the following

 

apply:

 

     (a) The career and technical preparation program shall forward

 

to the school district any funds that are refundable due to

 

noncompletion of the course. If applicable, the school district

 

shall then forward to the eligible student any refunded money in

 

excess of the amount paid by the school district for the course on

 

behalf of the student.

 

     (b) The eligible student shall repay to the school district

 

any funds that were expended by the school district for the course

 

that are not refunded to the school district by the career and

 

technical preparation program. If the eligible student does not

 

repay this money, the school district may impose sanctions against

 

the eligible student as determined by school district policy. This

 

subdivision does not apply to an eligible student who does not

 

complete the course due to a family or medical emergency, as

 

determined by the career and technical preparation program.

 

     (10) For an eligible student who is enrolled in a state


approved nonpublic school and who enrolls in an eligible course

 

under this act, if the eligible student does not complete the

 

eligible course or, if the eligible student enrolls in an eligible

 

course for postsecondary credit only and the eligible student does

 

not successfully complete the eligible course, as determined by the

 

career and technical preparation program, and if the department of

 

treasury has paid money for the course on behalf of the eligible

 

student, all of the following apply:

 

     (a) The career and technical preparation program shall forward

 

to the department of treasury any funds that are refundable due to

 

noncompletion of the course. If applicable, the career and

 

technical preparation program shall then refund to the eligible

 

student any funds that are refundable due to noncompletion of the

 

course and are in excess of the amount paid by the department of

 

treasury for the course on behalf of the eligible student.

 

     (b) The eligible student shall repay to the department of

 

treasury any funds that were expended by the department of treasury

 

for the course that are not refunded to the department of treasury

 

by the career and technical preparation program. This subdivision

 

does not apply to an eligible student who does not complete the

 

course due to a family or medical emergency, as determined by the

 

career and technical preparation program.

 

     (11) A school district, state approved nonpublic school, the

 

department, or the department of treasury shall make available to

 

an eligible student copies of all correspondence in the possession

 

of the school district, state approved nonpublic school,

 

department, or department of treasury regarding the eligible


student's participation in a career and technical preparation

 

course under this act. Correspondence described in this subsection

 

shall must be kept by the school district, state approved nonpublic

 

school, department, or department of treasury for at least 1 year.

 

     (12) If a school district pays for books for an eligible

 

student for a career and technical preparation course under this

 

section, the books are the property of the school district and

 

shall must be turned over to the school district after the eligible

 

student completes the course.

 

     (13) This section does not apply to any career and technical

 

preparation courses in which an eligible student is enrolled in

 

addition to being enrolled full-time in that eligible student's

 

school district or state approved nonpublic school; to a career and

 

technical preparation course an eligible student is retaking after

 

failing to achieve a satisfactory grade; or to a course contrary to

 

the eligibility provisions of this act. In determining full-time

 

enrollment in a school district under this section or a school

 

district's full-time equated membership under the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, 388.1897l, for a

 

pupil enrolled in a career and technical preparation program under

 

this act, the pupil's enrollment in both the school district and

 

the career and technical preparation program shall must be counted

 

as enrollment in the school district and a pupil shall not be

 

considered to be enrolled in a school district less than full-time

 

solely because of the effect of the pupil's enrollment in 1 or more

 

career and technical preparation courses under this act, including

 

necessary travel time, on the number of class hours provided by the


school district to the pupil. In determining full-time enrollment

 

in a state approved nonpublic school under this section for a

 

student enrolled in a career and technical preparation program

 

under this act, the student's enrollment in both the state approved

 

nonpublic school and the career and technical preparation program

 

shall must be counted as enrollment in the state approved nonpublic

 

school and a student shall not be considered to be enrolled in a

 

state approved nonpublic school less than full-time solely because

 

of the effect of the student's enrollment in 1 or more career and

 

technical preparation courses under this act, including necessary

 

travel time, on the number of class hours provided by the state

 

approved nonpublic school to the student.

 

     (14) This act does not require a school district or the

 

department of treasury to pay or otherwise provide financial

 

support for transportation or parking costs necessary for an

 

eligible student to participate in a career and technical

 

preparation program under this act. A school district, state

 

approved nonpublic school, or this state is not liable for any

 

injury incurred by an eligible student that is related to

 

transportation necessary for the eligible student to participate in

 

a career and technical preparation program under this act.

 

     (15) The legislature shall appropriate funds to the department

 

of treasury for making payments required to be made by the

 

department of treasury under this act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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