Bill Text: MI HB4675 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Education: public school academies; enrollment requirements for strict discipline academies; modify. Amends secs. 1311d & 1311g of 1976 PA 451 (MCL 380.1311d & 380.1311g).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2019-10-08 - Referred To Committee On Ways And Means, With Substitute (h-3) [HB4675 Detail]

Download: Michigan-2019-HB4675-Introduced.html

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HOUSE BILL No. 4675

 

 

May 24, 2019, Introduced by Reps. Afendoulis, Brann, Meerman, Huizenga, Filler and Paquette and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1311d and 1311g (MCL 380.1311d and 380.1311g),

 

section 1311d as added by 1999 PA 23 and section 1311g as amended

 

by 2018 PA 42.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1311d. (1) A strict discipline academy shall be organized

 

and administered under the direction of a board of directors in

 

accordance with sections 1311b to 1311l 1311m and with bylaws

 

adopted by the board of directors. A strict discipline academy

 

corporation created to operate a strict discipline academy shall be

 

organized under the nonprofit corporation act, 1982 PA 162, MCL

 

450.2101 to 450.3192, except that the strict discipline academy

corporation is not required to comply with sections 170 to 177 of

 

1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified

 

under the state or federal constitution, a strict discipline

 

academy shall not be organized by a church or other religious

 

organization and shall not have any organizational or contractual

 

affiliation with or constitute a church or other religious

 

organization.

 

     (2) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more strict

 

discipline academies under sections 1311b to 1311l:1311m:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a strict discipline academy to operate outside the

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of a school district shall not operate

 

outside that school district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 

strict discipline academy to operate outside the intermediate

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of an intermediate school district shall

 

not operate outside that intermediate school district's boundaries.

 

     (c) The board of a community college. However, except as

 

otherwise provided in this subdivision, the board of a community

 

college shall not issue a contract for a strict discipline academy

 

to operate in a school district organized as a school district of

 

the first class, a strict discipline academy authorized by the

board of a community college shall not operate in a school district

 

organized as a school district of the first class, the board of a

 

community college shall not issue a contract for a strict

 

discipline academy to operate outside the boundaries of the

 

community college district, and a strict discipline academy

 

authorized by the board of a community college shall not operate

 

outside the boundaries of the community college district. The board

 

of a community college also may issue a contract for not more than

 

1 strict discipline academy to operate on the grounds of an active

 

or closed federal military installation located outside the

 

boundaries of the community college district, or may operate a

 

strict discipline academy itself on the grounds of such a federal

 

military installation, if the federal military installation is not

 

located within the boundaries of any community college district and

 

the community college has previously offered courses on the grounds

 

of the federal military installation for at least 10 years.

 

     (d) The governing board of a state public university.

 

     (3) To obtain a contract to organize and operate 1 or more

 

strict discipline academies, 1 or more persons or an entity may

 

apply to an authorizing body described in subsection (2). The

 

application shall must include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 1311e, a list of the proposed members of the board of

 

directors of the strict discipline academy and a description of the

 

qualifications and method for appointment or election of members of

 

the board of directors.

     (c) The proposed articles of incorporation, which shall must

 

include at least all of the following:

 

     (i) The name of the proposed strict discipline academy.

 

     (ii) The purposes for the strict discipline academy

 

corporation that will operate the strict discipline academy. This

 

language shall must provide that the strict discipline academy is

 

established pursuant to sections 1311b to 1311l 1311m and that the

 

strict discipline academy corporation is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 

     (d) A copy of the proposed bylaws of the strict discipline

 

academy.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the strict discipline academy.

 

     (ii) A copy of the educational goals of the strict discipline

 

academy and the curricula to be offered and methods of pupil

 

assessment to be used by the strict discipline academy. To the

 

extent applicable, the progress of the pupils in the strict

 

discipline academy shall must be assessed using at least a the

 

Michigan education assessment program (MEAP) test student test of

 

educational progress (M-STEP) or an assessment instrument developed

 

under section 1279 for a state-endorsed high school diploma.the

 

Michigan merit examination under section 1279g, as applicable.

     (iii) The admission policy and criteria to be maintained by

 

the strict discipline academy. The admission policy and criteria

 

shall must comply with section 1311g. This part of the application

 

also shall must include a description of how the applicant will

 

provide to the general public adequate notice that a strict

 

discipline academy is being created and adequate information on the

 

admission policy, criteria, and process.

 

     (iv) The school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (vi) The type of pupils to be enrolled in the strict

 

discipline academy, as described in section 1311g(3) and (4).to

 

(6).

 

     (f) Descriptions of staff responsibilities and of the strict

 

discipline academy's governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the local and intermediate school districts in

 

which the strict discipline academy will be located.

 

     (h) An agreement that the strict discipline academy will

 

comply with the provisions of sections 1311b to 1311l 1311m and,

 

subject to the provisions of these sections, with all other state

 

law applicable to public bodies and with federal law applicable to

 

public bodies or school districts.

 

     (i) For a strict discipline academy authorized by a school

 

district, an assurance that employees of the strict discipline

 

academy will be covered by the collective bargaining agreements

 

that apply to other employees of the school district employed in

similar classifications in schools that are not strict discipline

 

academies.

 

     (j) A description of and address for the proposed physical

 

plant in which the strict discipline academy will be located.

 

     (4) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each strict discipline academy operating

 

under a contract issued by the authorizing body. The oversight

 

shall must be sufficient to ensure that the authorizing body can

 

certify that the strict discipline academy is in compliance with

 

statute, rules, and the terms of the contract.

 

     (5) If the state board finds that an authorizing body is not

 

engaging in appropriate continuing oversight of 1 or more strict

 

discipline academies operating under a contract issued by the

 

authorizing body, the state board may suspend the power of the

 

authorizing body to issue new contracts to organize and operate

 

strict discipline academies. A contract issued by the authorizing

 

body during the suspension is void. A contract issued by the

 

authorizing body before the suspension is not affected by the

 

suspension.

 

     (6) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a strict discipline academy in an amount that exceeds

 

a combined total of 3% of the total state school aid received by

 

the strict discipline academy in the school year in which the fees

 

or expenses are charged. An authorizing body may provide other

services for a strict discipline academy and charge a fee for those

 

services, but shall not require such an arrangement as a condition

 

to issuing the contract authorizing the strict discipline academy.

 

     (7) A strict discipline academy shall be presumed to be

 

legally organized if it has exercised the franchises and privileges

 

of a strict discipline academy for at least 2 years.

 

     Sec. 1311g. (1) A strict discipline academy may be located in

 

all or part of an existing public school building. Except for a

 

strict discipline academy that includes pupils who are the

 

responsibility of a county juvenile agency, a strict discipline

 

academy shall not operate at a site other than the single site

 

requested for the configuration of grades that will use the site,

 

as specified in the application required under section 1311d and in

 

the contract.

 

     (2) A strict discipline academy shall not charge tuition.

 

Except as otherwise provided in subsection (6), (7), a strict

 

discipline academy shall not discriminate in its pupil admissions

 

policies or practices on the basis of intellectual or athletic

 

ability, measures of achievement or aptitude, status as a student

 

with a disability, or any other basis that would be illegal if used

 

by a school district. However, a strict discipline academy may

 

limit admission to pupils who are within a particular range of age

 

or grade level or on any other basis that would be legal if used by

 

a school district.

 

     (3) A strict discipline academy shall be established under

 

sections 1311b to 1311m specifically for enrolling 1 or more of the

 

following types of pupils:

     (a) Pupils placed in the strict discipline academy by a court

 

or by the department of health and human services or a county

 

juvenile agency under the direction of a court.

 

     (b) Pupils who have been expelled under section 1311(2).

 

     (c) Pupils who have been expelled under section 1311a or

 

another provision of this act.

 

     (d) Other pupils who have been expelled from school, or pupils

 

who have been suspended from school for a suspension that is for a

 

period in excess of 10 school days, and who are referred to the

 

strict discipline academy by that pupil's school or placed in the

 

strict discipline academy by the pupil's parent or legal guardian.

 

     (4) In addition to the types of pupils specified in subsection

 

(3), a strict discipline academy shall be open for allow enrollment

 

of a special education pupil who does not meet the requirements of

 

subsection (3) if the special education pupil's individualized

 

education program team recommends that the special education pupil

 

be placed in the strict discipline academy. As used in this

 

subsection, "individualized education program team" means that term

 

as defined in section 614 of the individuals with disabilities

 

education act, 20 USC 1414.

 

     (5) In addition to the types of pupils specified in

 

subsections (3) and (4), a strict discipline academy may enroll a

 

pupil who is placed in a high-security or medium-security juvenile

 

facility, mental health facility, or child caring institution that

 

is operated by a private agency or a pupil who became a resident of

 

this state as an unaccompanied or resettled minor under the care of

 

the department of health and human services and who is less than 22

years of age as of September 1 of the current school year.

 

     (6) In addition to the types of pupils specified in

 

subsections (3), (4), and (5), a strict discipline academy shall

 

allow enrollment of a pupil who has been identified by the chief

 

school administrator of the pupil's school as requiring tier 3

 

support based on a multi-tiered system of supports before being

 

suspended or expelled under this act, and who is referred to the

 

strict discipline academy by his or her school or placed in the

 

strict discipline academy by his or her parent or legal guardian.

 

     (7) (6) A strict discipline academy shall enroll only 1 or

 

more of the types of pupils described in subsections (3) to (5).

 

(6). A pupil who is enrolled in a strict discipline academy under

 

subsections (3) to (5) (6) may, at the option of his or her parent

 

or legal guardian, continue to remain enrolled in the strict

 

discipline academy after he or she ceases to meet the requirements

 

for enrollment under subsections (3) to (5) (6) as long as he or

 

she meets the other applicable requirements for enrollment.

 

     (8) (7) A strict discipline academy is not required to keep

 

any group of pupils described in subsections (3) to (5) (6)

 

physically separated from another group of those pupils, as might

 

otherwise be required under section 1311, section 1311a, or another

 

provision of this act.

 

     (9) (8) Strict discipline academies are not intended to enroll

 

or otherwise be used to educate individuals who are committed to a

 

high-security or medium-security juvenile facility operated by the

 

department of health and human services or another state department

 

or agency. Further, if the department of corrections or another

state department or agency other than the department of health and

 

human services has custody of or jurisdiction over a child, that

 

state department or agency has the financial responsibility for

 

educating the child.

 

     (10) (9) Except for a foreign exchange student who is not a

 

United States citizen, a strict discipline academy shall not enroll

 

a pupil who is not a resident of this state. Enrollment in the

 

strict discipline academy may be open to all individuals who reside

 

in this state who meet the admission policy under subsections (3)

 

to (5) (6) and shall must be open to all pupils who reside within

 

the geographic boundaries, if any, of the authorizing body as

 

described in section 1311d who meet the admission policy under

 

subsections (3) to (5), (6), except that admission to a strict

 

discipline academy authorized by the board of a community college

 

to operate, or operated by the board of a community college, on the

 

grounds of a federal military installation, as described in section

 

1311d, shall must be open to all pupils who reside in the county in

 

which the federal military installation is located who meet the

 

admission policy under subsections (3) to (5). (6). For a strict

 

discipline academy authorized by a state public university,

 

enrollment shall must be open to all pupils who reside in this

 

state who meet the admission policy under subsections (3) to (5).

 

(6). If there are more applications to enroll in the strict

 

discipline academy than there are spaces available, pupils shall be

 

selected to attend using a random selection process. However, a

 

strict discipline academy may give enrollment priority to a sibling

 

of a pupil enrolled in the strict discipline academy. A strict

discipline academy shall allow any pupil who was enrolled in the

 

strict discipline academy in the immediately preceding school year

 

to enroll in the strict discipline academy in the appropriate grade

 

unless the appropriate grade is not offered at that strict

 

discipline academy.

 

     (11) (10) A strict discipline academy may include any grade up

 

to grade 12 or any configuration of those grades, including

 

kindergarten and early childhood education, as specified in its

 

contract. The authorizing body may approve amendment of a contract

 

with respect to ages of pupils or grades offered.

 

     (12) As used in this section, "tier 3 support based on a

 

multi-tiered system of supports" means intense individual

 

intervention for a pupil with highly accelerated or severe and

 

persistently challenging academic or nonacademic needs.