Bill Text: MI HB4735 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Education; dual enrollment; definition of eligible institution for postsecondary dual enrollment; expand. Amends sec. 3 of 1996 PA 160 (MCL 388.513).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-02-06 - Assigned Pa 11'18 With Immediate Effect [HB4735 Detail]
Download: Michigan-2017-HB4735-Engrossed.html
HB-4735, As Passed Senate, January 23, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4735
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending section 3 (MCL 388.513), as amended by 2012 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) As used in this act:
(a) "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.
(b) "Department" means the department of education.
(c) "Eligible charges" means tuition and mandatory course
fees, material fees, and registration fees required by an eligible
institution for enrollment in an eligible course. Eligible charges
also include any late fees charged by an eligible postsecondary
institution 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. For
eligible students enrolled in an out-of-state college that is an
eligible postsecondary institution, eligible charges shall not
exceed the lesser of the in-district rate for the community college
located in the district in which the eligible student resides or
the in-district rate for the out-of-state college in which the
eligible student is enrolled.
(d) "Eligible course" means a course offered by an eligible
postsecondary institution that is offered for postsecondary credit;
that is not offered by the school district or state approved
nonpublic school in which the eligible student is enrolled, or that
is offered by the school district 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 an academic course not
ordinarily taken as an activity course; that is a course that the
postsecondary institution normally applies toward satisfaction of
degree requirements; that is not a hobby, craft, or recreational
course; and that is in a subject area other than physical
education, theology, divinity, or religious education. However, for
an eligible student who has not achieved a qualifying score in each
subject area on a readiness assessment or the Michigan merit
examination, as applicable for the student, an eligible course is
limited to a course in a subject area for which he or she has
achieved a qualifying score, a course in computer science or
foreign language not offered by the school district, or a course in
fine arts as permitted by the school district. For each individual
eligible student, unless there is a written agreement between the
eligible student's school district and the eligible postsecondary
institution 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 an
eligible postsecondary institution and not more than 4 courses
during the academic year in the eligible student's fourth academic
year of enrollment under this act in an eligible postsecondary
institution.
(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 an eligible
postsecondary institution, not more than 4 courses during the
academic year in the eligible student's second academic year of
enrollment under this act in an eligible postsecondary institution,
and not more than 4 courses during the academic year in the
eligible student's third academic year of enrollment under this act
in an eligible postsecondary institution.
(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 an
eligible postsecondary institution.
(e) "Eligible postsecondary 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. However, an out-of-state
college that is located within 20 miles of a border with this state
and that chooses to comply with this act is also an eligible
postsecondary institution for an eligible student if at least 1 of
the following is met:
(i) The eligible student is enrolled in a school district, as
that term is defined in section 6 of the revised school code, 1976
PA 451, MCL 380.6, that shares a border with the state in which the
out-of-state college is located.
(ii) The eligible student is enrolled in a public school
academy, as that term is defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5, that is located in a school district
described in subparagraph (i).
(iii) The eligible student is enrolled in a state approved
nonpublic school that is located in a school district described in
subparagraph (i).
(f) "Eligible student" means, except as otherwise provided in
this subdivision, a student enrolled in at least 1 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 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 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 only
for the limited purpose of enrolling in 1 or more eligible courses
under this act in a subject area for which he or she has achieved a
qualifying score, in computer science or foreign language not
offered by the school district, or in fine arts as permitted by the
school district. 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.
(g) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(h) "Michigan merit examination" means that examination
developed under section 1279g of the revised school code, 1976 PA
451, MCL 380.1279g.
(i) "Out-of-state college" means a state university, community
college, or independent nonprofit degree-granting college or
university that is located in another state and that is legally
established under the laws of that other state.
(j)
(i) "Qualifying score" means a score on a
readiness
assessment or the Michigan merit examination that has been
determined by the superintendent of public instruction to indicate
readiness to enroll in a postsecondary course in that subject area
under this act.
(k) (j)
"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) (k)
"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, except as provided in subdivision
(e).
(m) (l) "State
approved nonpublic school" means that term as
defined in section 6 of the revised school code, 1976 PA 451, MCL
380.6.
(n) (m)
"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 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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
