Bill Text: MI HB4787 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Education; reorganization; certain measures to identify and restructure failing schools; provide for, revise compulsory attendance, and revise personal curriculum provisions in Michigan merit curriculum. Amends secs. 1278b, 1561 & 1596 of 1976 PA 451 (MCL 380.1278b et seq.) & adds sec. 1280c. TIE BAR WITH: HB 4788'09, HB 5596'09, SB 0926'09, SB 0981'09
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-12-31 - Assigned Pa 204'09 With Immediate Effect 2009 Addenda [HB4787 Detail]
Download: Michigan-2009-HB4787-Engrossed.html
HB-4787, As Passed Senate, December 9, 2009
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4787
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 5, 6, 449, 504, 507, 1246, 1280, 1311, and
1536 (MCL 380.5, 380.6, 380.449, 380.504, 380.507, 380.1246,
380.1280, 380.1311, and 380.1536), section 5 as amended by 2005 PA
61, sections 6, 504, and 1311 as amended by 2008 PA 1, section 449
as amended by 2004 PA 303, section 507 as amended by 1995 PA 289,
section 1246 as amended by 2004 PA 148, section 1280 as amended by
2006 PA 123, and section 1536 as added by 2006 PA 335, and by
adding sections 11c, 1249, 1280c, and 1280d and part 6e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Local act school district" or "special act school
district" means a district governed by a special or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Membership" means the number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the state
board.
(3) "Michigan election law" means the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992.
(4) "Nonpublic school" means a private, denominational, or
parochial school.
(5) "Objectives" means measurable pupil academic skills and
knowledge.
(6) "Public school" means a public elementary or secondary
educational entity or agency that is established under this act,
has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by a
school district, local act school district, special act school
district, intermediate school district, school of excellence,
public school academy corporation, strict discipline academy
corporation, urban high school academy corporation, or by the
department or state board. Public school also includes a laboratory
school or other elementary or secondary school that is controlled
and operated by a state public university described in section 4,
5, or 6 of article VIII of the state constitution of 1963.
(7) "Public school academy" means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c, a
school of excellence established under part 6e, and a strict
discipline academy established under sections 1311b to 1311l.
(8) "Pupil membership count day" of a school district means
that term as defined in section 6 of the state school aid act of
1979, MCL 388.1606.
(9) "Regular school election" or "regular election" means the
election held in a school district, local act school district, or
intermediate school district to elect a school board member in the
regular course of the terms of that office and held on the school
district's regular election date as determined under section 642 or
642a of the Michigan election law, MCL 168.642 and 168.642a.
(10) "Reorganized intermediate school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(11) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 6. (1) "School district" or "local school district" means
a general powers school district organized under this act,
regardless of previous classification, or a school district of the
first class.
(2) "School district filing official" means the school
district election coordinator as defined in section 4 of the
Michigan election law, MCL 168.4, or an authorized agent of the
school district election coordinator.
(3) "School elector" means a person qualified as an elector
under section 492 of the Michigan election law, MCL 168.492, and
resident of the school district or intermediate school district on
or before the thirtieth day before the next ensuing regular or
special school election.
(4) "School month" means a 4-week period of 5 days each unless
otherwise specified in the teacher's contract.
(5) "School of excellence" means a school of excellence
established under part 6e.
(6) (5)
"Special education building
and equipment" means a
structure or portion of a structure or personal property accepted,
leased, purchased, or otherwise acquired, prepared, or used for
special education programs and services.
(7) (6)
"Special education
personnel" means persons engaged in
and having professional responsibility for students with a
disability in special education programs and services including,
but not limited to, teachers, aides, school social workers,
diagnostic personnel, physical therapists, occupational therapists,
audiologists, teachers of speech and language, instructional media-
curriculum specialists, mobility specialists, teacher consultants,
supervisors, and directors.
(8) (7)
"Special education programs
and services" means
educational and training services designed for students with a
disability and operated by local school districts, local act school
districts, intermediate school districts, the Michigan schools for
the deaf and blind, the department of community health, the
department of human services, or a combination of these, and
ancillary professional services for students with a disability
rendered by agencies approved by the state board. The programs
shall include vocational training, but need not include academic
programs of college or university level.
(9) (8)
"Special school election"
or "special election" means
a school district election to fill a vacancy on the school board or
submit a ballot question to the school electors that is held on a
regular election date established under section 641 of the Michigan
election law, MCL 168.641.
(10) (9)
"State approved nonpublic
school" means a nonpublic
school that complies with 1921 PA 302, MCL 388.551 to 388.558.
(11) (10)
"State board" means the
state board of education
unless clearly otherwise stated.
(12) (11)
"Student with a
disability" means that term as
defined in R 340.1702 of the Michigan administrative code.
(13) (12)
"Department" means the
department of education
created and operating under sections 300 to 305 of the executive
organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.
(14) (13)
"State school aid" means
allotments from the general
appropriating act for the purpose of aiding in the support of the
public schools of the state.
(15) (14)
"The state school aid act of
1979" means the state
school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
Sec. 11c. All powers and duties of the school board of a
general powers school district and of its officers are subject to
sections 1280, 1280c, and 1280d.
Sec. 449. (1) All powers and duties of the school board of the
first class school district and of its officers are subject to part
5a until January 1 following the expiration of 5 years after the
initial appointment of a school reform board in the school district
under part 5a.
(2) All powers and duties of the school board of the first
class school district and of its officers are subject to sections
1280, 1280c, and 1280d.
Sec. 504. (1) A public school academy may be located in all or
part of an existing public school building. A public school 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 502 and in the
contract.
(2) A public school academy shall not charge tuition and 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 public school 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 and may give
enrollment priority as provided in subsection (4). At least
annually, a public school academy shall report to its authorizing
body and the department the number of students with a disability
enrolled in the public school academy and the services that are
being provided to them.
(3) Except for a foreign exchange student who is not a United
States citizen, a public school academy shall not enroll a pupil
who is not a resident of this state. Enrollment in the public
school academy may be open to all individuals who reside in this
state who meet the admission policy and shall be open to all pupils
who reside within the geographic boundaries, if any, of the
authorizing body as described in section 502(2)(a) to (c) who meet
the admission policy, except that admission to a public school
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 502(2)(c),
shall be open to all pupils who reside in the county in which the
federal military installation is located. For a public school
academy authorized by a state public university, enrollment shall
be open to all pupils who reside in this state who meet the
admission
policy. If Subject to
subsection (4), if there are more
applications to enroll in the public school academy than there are
spaces
available, pupils shall be selected to attend enroll using
a
random
selection process. However, a public school academy may give
enrollment
priority to a sibling of a pupil enrolled in the public
school
academy. A public school academy
shall allow any pupil who
was enrolled in the public school academy in the immediately
preceding school year to enroll in the public school academy in the
appropriate grade unless the appropriate grade is not offered at
that public school academy.
(4) A public school academy may give enrollment priority to 1
or more of the following:
(a) A sibling of a pupil enrolled in the public school
academy.
(b) A pupil who transfers to the public school academy from
another public school academy pursuant to an agreement between the
public school academies that provides for this enrollment priority.
(5) (4)
A public school 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. If specified in its contract, a public school academy may
also operate an adult basic education program, adult high school
completion program, or general education development testing
preparation program. The authorizing body may approve amendment of
a contract with respect to ages of pupils or grades offered.
Sec. 507. (1) The authorizing body for a public school academy
is the fiscal agent for the public school academy. A state school
aid payment for a public school academy shall be paid to the
authorizing body that is the fiscal agent for that public school
academy, which shall then forward the payment to the public school
academy. An authorizing body has the responsibility to oversee a
public school academy's compliance with the contract and all
applicable law. A contract issued under this part may be revoked by
the authorizing body that issued the contract if the authorizing
body determines that 1 or more of the following has occurred:
(a) Failure of the public school academy to abide by and meet
the educational goals set forth in the contract.
(b) Failure of the public school academy to comply with all
applicable law.
(c) Failure of the public school academy to meet generally
accepted public sector accounting principles.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(2) If an authorizing body receives notice from the
superintendent of public instruction that a public school academy
that it authorized has been determined by the superintendent of
public instruction to be among the lowest achieving 5% of all
public schools in this state, as defined for the purposes of the
federal incentive grant program created under sections 14005 and
14006 of title XIV of the American recovery and reinvestment act of
2009, Public Law 111-5, the authorizing body may revoke the public
school academy's contract and the public school academy may be
closed.
(3) (2)
The decision of an authorizing body
to revoke a
contract under this section is solely within the discretion of the
authorizing body, is final, and is not subject to review by a court
or any state agency.
(4) An authorizing body that revokes a contract under this
section is not liable for that action to the public school academy,
public school academy corporation, a pupil of the public school
academy, the parent or guardian of a pupil of the public school
academy, or any other person.
PART 6E
SCHOOLS OF EXCELLENCE
Sec. 551. (1) A school of excellence is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
school of excellence is a body corporate and is a governmental
agency. The powers granted to a school of excellence under this
part constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district that operates grades K to
12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled community college
assistance act of 1978, Public Law 95-471, and is determined by the
department to meet the requirements for accreditation by a
recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a school of excellence and
that establishes, subject to the constitutional powers of the state
board and applicable law, the written instrument executed by an
authorizing body conferring certain rights, franchises, privileges,
and obligations on a school of excellence, as provided by this
part, and confirming the status of a school of excellence as a
public school in this state.
(e) "Cyber school" means a school of excellence established
under this part that has been issued a contract to be organized and
operated as a cyber school under section 553a and that provides
full-time instruction to pupils through online learning or
otherwise on a computer or other technology, which instruction and
learning may be remote from a school facility.
(f) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(g) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 552. (1) Except as otherwise provided in subsections (2)
and (3), an authorizing body shall not issue a contract to organize
and operate a school of excellence to a person or entity unless the
person or entity has, for at least the 3 school years immediately
preceding the date of the application, operated a public school
academy that has been given the highest designation by the
department under the state accountability system in effect in this
state for each of the 3 years immediately preceding the date of the
application.
(2) For a person or entity that does not meet the requirements
of subsection (1) but has operated a public school in another
state, an authorizing body may issue a contract to organize and
operate a school of excellence to the person or entity if the
person or entity has operated a public school in another state that
has been given the highest designation under that state's
accountability system for at least 3 consecutive years.
(3) For a person or entity that does not meet the requirements
of subsection (1) or (2), an authorizing body may issue up to 5
contracts per calendar year to a person or entity that does not
meet the requirements of subsection (1) or (2). However, all of the
following apply to contracts issued under this subsection:
(a) The combined total of contracts issued by all authorizing
bodies under this subsection shall not exceed a combined total of
25.
(b) At least 3 of the contracts issued under this subsection
shall be for schools of excellence that are cyber schools and that
meet all of the following additional requirements:
(i) Are available for enrollment to all pupils in this state.
(ii) Offer all of grades K to 12.
(iii) The entity organizing the school of excellence that is a
cyber school shall itself, or through a contract with another
entity, demonstrate the successful management and operation of a
cyber school in at least 5 other states, and be currently under
contract to manage or operate, or both, other cyber schools in the
United States that have a total of at least 10,000 students
enrolled.
(iv) The entity organizing the school of excellence that is a
cyber school shall demonstrate experience in serving urban and at-
risk student populations through an educational model involving a
significant cyber component.
(c) It is the intent of the legislature that at least 2
contracts shall be issued under this subsection for schools of
excellence that are cyber schools to begin operating in the 2010-
2011 school year.
(4) A school of excellence shall be organized and administered
under the direction of a board of directors in accordance with this
part and with bylaws adopted by the board of directors. A school of
excellence shall be organized under the nonprofit corporation act,
1982 PA 162, MCL 450.2101 to 450.3192, except that a school of
excellence 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 school of excellence
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.
(5) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more schools of
excellence under this part:
(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 school of excellence to operate outside the school
district's boundaries, and a school of excellence 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
school of excellence to operate outside the intermediate school
district's boundaries, and a school of excellence 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 school of excellence to
operate in a school district of the first class, a school of
excellence authorized by the board of a community college shall not
operate in a school district of the first class, the board of a
community college shall not issue a contract for a school of
excellence to operate outside the boundaries of the community
college district, and a school of excellence 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
school of excellence 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 school of
excellence 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.
(6) To obtain a contract to organize and operate 1 or more
schools of excellence, 1 or more persons or an entity may apply to
an authorizing body described in subsection (5). The application
shall 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 553(4), a list of the proposed members of the board
of directors of the school of excellence 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
include at least all of the following:
(i) The name of the proposed school of excellence.
(ii) The purposes for the school of excellence corporation.
This language shall provide that the school of excellence is
incorporated pursuant to this part and that the school of
excellence 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 school of excellence.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the school of excellence.
(ii) A copy of the educational goals of the school of
excellence and the curricula to be offered and methods of pupil
assessment to be used by the school of excellence. To the extent
applicable, the progress of the pupils in the school of excellence
shall be assessed using at least a Michigan education assessment
program (MEAP) test or the Michigan merit examination under section
1279g.
(iii) The admission policy and criteria to be maintained by the
school of excellence. The admission policy and criteria shall
comply with section 556. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a school of excellence is being
created and adequate information on the admission policy, criteria,
and process.
(iv) Except for an application for a cyber school, the school
calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the school
of excellence 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 school of excellence will be located.
(h) An agreement that the school of excellence will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) For a school of excellence authorized by a school
district, an assurance that employees of the school of excellence
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 schools of excellence.
(j) A description of and address for the proposed physical
plant in which the school of excellence will be located.
(7) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each school of excellence operating under a
contract issued by the authorizing body. The oversight shall be
sufficient to ensure that the authorizing body can certify that the
school of excellence is in compliance with statute, rules, and the
terms of the contract.
(8) If the state board finds that an authorizing body is not
engaging in appropriate continuing oversight of 1 or more schools
of excellence 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 schools of
excellence. 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.
(9) 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 school of excellence in an amount that exceeds a
combined total of 3% of the total state school aid received by the
school of excellence in the school year in which the fees or
expenses are charged. An authorizing body may provide other
services for a school of excellence and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the school of excellence.
(10) A school of excellence shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
Sec. 553. (1) An authorizing body is not required to issue a
contract to any person or entity. Schools of excellence contracts
shall be issued on a competitive basis taking into consideration
the resources available for the proposed school of excellence, the
population to be served by the proposed school of excellence, and
the educational goals to be achieved by the proposed school of
excellence. An authorizing body may give priority to a person or
entity that applies to organize and operate a cyber school.
(2) If a person or entity applies to the board of a school
district for a contract to organize and operate 1 or more schools
of excellence within the boundaries of the school district and the
board does not issue the contract, the person or entity may
petition the board to place the question of issuing the contract on
the ballot to be decided by the school electors of the school
district. The petition shall contain all of the information
required to be in the contract application under section 552 and
shall be signed by a number of school electors of the school
district equal to at least 15% of the total number of school
electors of that school district. The petition shall be filed with
the school district filing official. If the board receives a
petition meeting the requirements of this subsection, the board
shall have the question of issuing the contract placed on the
ballot at its next regular school election held at least 60 days
after receiving the petition. If a majority of the school electors
of the school district voting on the question vote to issue the
contract, the board shall issue the contract.
(3) Within 10 days after issuing a contract for a school of
excellence, the authorizing body shall submit to the superintendent
of public instruction a copy of the contract and of the application
under section 552.
(4) An authorizing body shall adopt a resolution establishing
the method of selection, length of term, and number of members of
the board of directors of each school of excellence subject to its
jurisdiction.
(5) A contract issued to organize and administer a school of
excellence shall contain at least all of the following:
(a) The educational goals the school of excellence is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a school of
excellence shall be assessed using at least a Michigan education
assessment program (MEAP) test or the Michigan merit examination
under section 1279g.
(b) A description of the method to be used to monitor the
school of excellence's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract.
(d) All of the matters set forth in the application for the
contract.
(e) For a school of excellence authorized by a school
district, an agreement that employees of the school of excellence
will be covered by the collective bargaining agreements that apply
to employees of the school district employed in similar
classifications in schools that are not schools of excellence.
(f) Procedures for revoking the contract and grounds for
revoking the contract, including at least the grounds listed in
section 561.
(g) A description of and address for the proposed physical
plant in which the school of excellence will be located.
(h) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by a
certified public accountant in accordance with generally accepted
governmental auditing principles.
(6) A school of excellence shall comply with all applicable
law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(7) A school of excellence and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for an act or omission in authorizing a school of excellence if the
authorizing body or the person acted or reasonably believed he or
she acted within the authorizing body's or the person's scope of
authority.
(8) A school of excellence is exempt from all taxation on its
earnings and property. Instruments of conveyance to or from a
school of excellence are exempt from all taxation including taxes
imposed by 1966 PA 134, MCL 207.501 to 207.513. A school of
excellence may not levy ad valorem property taxes or another tax
for any purpose. However, operation of 1 or more schools of
excellence by a school district or intermediate school district
does not affect the ability of the school district or intermediate
school district to levy ad valorem property taxes or another tax.
(9) A school of excellence may acquire by purchase, gift,
devise, lease, sublease, installment purchase agreement, land
contract, option, or by any other means, hold, and own in its own
name buildings and other property for school purposes, and
interests therein, and other real and personal property, including,
but not limited to, interests in property subject to mortgages,
security interests, or other liens, necessary or convenient to
fulfill its purposes. For the purposes of condemnation, a school of
excellence may proceed under the uniform condemnation procedures
act, 1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of
that act, MCL 213.56 to 213.59, or other applicable statutes, but
only with the express, written permission of the authorizing body
in each instance of condemnation and only after just compensation
has been determined and paid.
Sec. 553a. (1) An authorizing body may issue a contract to
establish a school of excellence that is a cyber school. A cyber
school shall provide full-time instruction to pupils through online
learning or otherwise on a computer or other technology, and this
instruction and learning may occur remote from a school facility.
(2) A contract for a school of excellence that is a cyber
school shall include all of the provisions required under section
553 and all of the following:
(a) A requirement that a teacher who holds appropriate
certification according to state board rule will be responsible for
all of the following for each course in which a pupil is enrolled:
(i) Improving learning by planned instruction.
(ii) Diagnosing the pupil's learning needs.
(iii) Assessing learning, assigning grades, and determining
advancement.
(iv) Reporting outcomes to administrators and parents or legal
guardians.
(b) A requirement that the cyber school will make educational
services available to pupils for a minimum of at least 1,098 hours
during a school year and will ensure that each pupil participates
in the educational program for at least 1,098 hours during a school
year.
(3) Notwithstanding any other provision of this act or any
rule, if a school of excellence that is a cyber school is in
compliance with the requirements of subsection (2)(a) regarding a
certificated teacher, any other adult assisting with the oversight
of a pupil during the pupil's participation in the cyber school's
education program is not required to be a certificated teacher or
an employee of the authorizing body.
(4) Notwithstanding any rule to the contrary, a cyber school
is not required to comply with any rule that would require a
pupil's physical presence or attendance in a classroom or that is
otherwise inconsistent with a pupil's participation in an online,
remote education program, including, but not limited to, R 340.10
and R 340.11 of the Michigan administrative code. Further, the
superintendent of public instruction shall waive any other
provision of this act, of the state school aid act of 1979, or of
the Michigan administrative code that would otherwise interfere
with the operation or funding of a cyber school as described in
this section.
(5) At the end of a cyber school's second full school year of
operations, the authorizing body of a school of excellence that is
a cyber school shall submit to the superintendent of public
instruction and the legislature, in the form and manner prescribed
by the superintendent of public instruction, a report detailing the
operation of the cyber school, providing statistics on pupil
participation and academic performance, and making recommendations
for any further statutory or rule changes related to cyber schools
and online learning in this state.
Sec. 554. If a school district or intermediate school district
applies for and obtains a contract to operate 1 or more schools of
excellence under this part, the power of the school district or
intermediate school district to levy taxes for any purpose under
this act is not affected by the operation of a school of excellence
by the school district or intermediate school district. Revenue
from taxes levied by a school district or intermediate school
district under this act or bonds issued by a school district or
intermediate school district under this act may be used to support
the operation or facilities of a school of excellence operated by
the school district or intermediate school district in the same
manner as that revenue may be used under this act by the school
district or intermediate school district to support school district
or intermediate school district operations and facilities. This
section does not authorize a school district or intermediate school
district to levy taxes or to issue bonds for any purpose that is
not otherwise authorized under this act.
Sec. 555. (1) An agreement, mortgage, loan, or other
instrument of indebtedness entered into by a school of excellence
and a third party does not constitute an obligation, either
general, special, or moral, of this state or an authorizing body.
The full faith and credit or the taxing power of this state or any
agency of this state, or the full faith and credit of an
authorizing body, may not be pledged for the payment of any school
of excellence bond, note, agreement, mortgage, loan, or other
instrument of indebtedness.
(2) This part does not impose any liability on this state or
on an authorizing body for any debt incurred by a school of
excellence.
Sec. 556. (1) A school of excellence may be located in all or
part of an existing public school building. A school of excellence,
other than a cyber school operated under section 553a, 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 552 and in the contract.
(2) A school of excellence shall not charge tuition and 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 school of excellence 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) Except for a foreign exchange student who is not a United
States citizen, a school of excellence shall not enroll a pupil who
is not a resident of this state. Enrollment in the school of
excellence may be open to all individuals who reside In this state
who meet the admission policy and shall be open to all pupils who
reside within the geographic boundaries, if any, of the authorizing
body as described in section 552(5)(a) to (c) who meet the
admission policy, except that admission to a school of excellence
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 552(5)(c),
shall be open to all pupils who reside in the county in which the
federal military installation is located. For a school of
excellence authorized by a state public university, enrollment
shall be open to all pupils who reside in this state who meet the
admission policy. If there are more applications to enroll in the
school of excellence than there are spaces available, pupils shall
be selected to attend using a random selection process. However, a
school of excellence may give enrollment priority to a sibling of a
pupil enrolled in the school of excellence. A school of excellence
shall allow any pupil who was enrolled in the school of excellence
in the immediately preceding school year to enroll in the school of
excellence in the appropriate grade unless the appropriate grade is
not offered at that school of excellence.
(4) If a school of excellence is a cyber school and its
authorizing body is a school district or intermediate school
district, the school of excellence shall give enrollment priority
to pupils who reside in the school district or intermediate school
district that is the authorizing body.
(5) A school of excellence 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. If
specified in its contract, a school of excellence may also operate
an adult basic education program, adult high school completion
program, or general education development testing preparation
program. The authorizing body may approve amendment of a contract
with respect to ages of pupils or grades offered.
Sec. 557. In addition to other powers set forth in this part,
a school of excellence may take action to carry out the purposes
for which it was incorporated under this part, including, but not
limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 555, to acquire, hold, and own in its
own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the school of excellence
require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d) To enter into binding legal agreements with persons or
entities as necessary for the operation, management, financing, and
maintenance of the school of excellence.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the school of excellence in the furtherance of its public purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a school of excellence
is not subject to section 1351a(4) or section 1351(2) to (4). Bonds
issued under this section shall be full faith and credit
obligations of the school of excellence, pledging the general funds
or any other money available for such a purpose. Bonds issued under
this section are subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821.
Sec. 558. If a school of excellence is operated by a school
district that is subject to a court desegregation order, pupil
selection at the school of excellence is subject to that order.
Sec. 559. (1) Except as otherwise provided by law, and except
as otherwise provided under section 553a for a cyber school, a
school of excellence shall use certificated teachers according to
state board rule.
(2) A school of excellence operated by a state public
university or community college may use noncertificated individuals
to teach as follows:
(a) If the school of excellence is operated by a state public
university, the school of excellence may use as a classroom teacher
in any grade a faculty member who is employed full-time by the
state public university and who has been granted institutional
tenure, or has been designated as being on tenure track, by the
state public university.
(b) For a school of excellence operated by a community
college, the school of excellence may use as a classroom teacher a
full-time member of the community college faculty who has at least
5 years' experience at that community college in teaching the
subject matter that he or she is teaching at the school of
excellence.
(c) In any other situation in which a school district is
permitted under this act to use noncertificated teachers.
(3) A school of excellence may develop and implement new
teaching techniques or methods or significant revisions to known
teaching techniques or methods, and shall report those to the
authorizing body and state board to be made available to the
public. A school of excellence may use any instructional technique
or delivery method that may be used by a school district.
Sec. 560. A school of excellence, with the approval of the
authorizing body, may employ or contract with personnel as
necessary for the operation of the school of excellence, prescribe
their duties, and fix their compensation. A school of excellence
may implement and maintain a method of compensation for its
employees that is based on job performance, job accomplishments,
and job assignment in a subject area or school that is difficult to
find employees to staff.
Sec. 560a. If the board of directors of a school of excellence
provides medical, optical, or dental benefits to employees and
their dependents, the board of directors shall provide those
benefits in accordance with the public employees health benefit
act, 2007 PA 106, MCL 124.71 to 124.85, and shall comply with that
act.
Sec. 561. (1) The authorizing body for a school of excellence
is the fiscal agent for the school of excellence. A state school
aid payment for a school of excellence shall be paid to the
authorizing body that is the fiscal agent for that school of
excellence, which shall then forward the payment to the school of
excellence. An authorizing body has the responsibility to oversee a
school of excellence's compliance with the contract and all
applicable law. A contract issued under this part may be revoked by
the authorizing body that issued the contract if the authorizing
body determines that 1 or more of the following have occurred:
(a) Failure of the school of excellence to abide by and meet
the educational goals set forth in the contract.
(b) Failure of the school of excellence to comply with all
applicable law.
(c) Failure of the school of excellence to meet generally
accepted public sector accounting principles.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(2) If an authorizing body receives notice from the
superintendent of public instruction that a school of excellence
that it authorized has been determined by the superintendent of
public instruction to be among the lowest achieving 5% of all
public schools in this state, as defined for the purposes of the
federal incentive grant program created under sections 14005 and
14006 of title XIV of the American recovery and reinvestment act of
2009, Public Law 111-5, the authorizing body may revoke the school
of excellence's contract and the school of excellence may be
closed.
(3) The decision of an authorizing body to revoke a contract
under this section is solely within the discretion of the
authorizing body, is final, and is not subject to review by a court
or any state agency.
(4) An authorizing body that revokes a contract under this
section is not liable for that action to the school of excellence,
school of excellence corporation, a pupil of the school of
excellence, the parent or guardian of a pupil of the school of
excellence, or any other person.
Sec. 1246. (1) A school district, public school academy, or
intermediate school district shall not continue to employ a person
as a superintendent, principal, assistant principal, or other
person whose primary responsibility is administering instructional
programs or as a chief business official unless the person meets 1
or more of the following requirements, as applicable:
(a) For a superintendent, principal, assistant principal, or
other person whose primary responsibility is administering
instructional programs, or a chief business official, who was
employed as a school administrator in this state on or before the
effective date of the amendatory act that added this subdivision,
has completed the continuing education requirements prescribed by
rule under subsection (2).
(b) Subject to subsection (3), for a superintendent,
principal, assistant principal, or other person whose primary
responsibility is administering instructional programs and who is
initially employed as a school administrator in this state after
the effective date of the amendatory act that added this
subdivision, meets 1 of the following:
(i) Possesses a valid Michigan school administrator's
certificate issued under section 1536.
(ii) Possesses an earned advanced degree in a subject area
approved by the state board.
(2) The superintendent of public instruction shall promulgate
rules establishing continuing education requirements as a condition
for
continued employment for persons employed in positions
described
in subsection (1) (1)(a). The rules shall prescribe a
minimum amount of continuing education that shall be completed
within 5 years after initial employment and shall be completed each
subsequent
5-year period to meet the requirements of subsection (1)
(1)(a) for continued employment.
(3) A school district, public school academy, or intermediate
school district may employ as a superintendent, principal,
assistant principal, or other person whose primary responsibility
is administering instructional programs a person who is enrolled in
a program leading to certification as a school administrator under
section 1536 not later than 6 months after the effective date of
the amendatory act that added this subsection or 6 months after he
or she begins the employment, whichever is later. A person employed
as a school administrator pursuant to this subsection has 3 years
to meet the certification requirements of section 1536, or the
school district, public school academy, or intermediate school
district shall not continue to employ the person as a school
administrator described in this subsection.
Sec. 1249. The board of a school district or intermediate
school district or board of directors of a public school academy
shall adopt and implement for all teachers and school
administrators a rigorous, transparent, and fair performance
evaluation system that does all of the following:
(a) Differentiates effectiveness using multiple rating
categories that take into account data on student growth as a
significant factor.
(b) Is designed and developed with teacher and principal
involvement.
Sec. 1280. (1) The board of a school district that does not
want to be subject to the measures described in this section shall
ensure that each public school within the school district is
accredited.
(2) As used in subsection (1), and subject to subsection (6),
"accredited" means certified by the superintendent of public
instruction as having met or exceeded standards established under
this section for 6 areas of school operation: administration and
school organization, curricula, staff, school plant and facilities,
school and community relations, and school improvement plans and
student performance. The building-level evaluation used in the
accreditation process shall include, but is not limited to, school
data collection, self-study, visitation and validation,
determination of performance data to be used, and the development
of a school improvement plan.
(3) The department shall develop and distribute to all public
schools proposed accreditation standards. Upon distribution of the
proposed standards, the department shall hold statewide public
hearings for the purpose of receiving testimony concerning the
standards. After a review of the testimony, the department shall
revise and submit the proposed standards to the superintendent of
public instruction. After a review and revision, if appropriate, of
the proposed standards, the superintendent of public instruction
shall submit the proposed standards to the senate and house
committees that have the responsibility for education legislation.
Upon approval by these committees, the department shall distribute
to all public schools the standards to be applied to each school
for accreditation purposes. The superintendent of public
instruction shall review and update the accreditation standards
annually using the process prescribed under this subsection.
(4) The superintendent of public instruction shall develop and
distribute to all public schools standards for determining that a
school is eligible for summary accreditation under subsection (6).
The standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3)
for accreditation standards, and shall be finally distributed and
implemented not later than December 31, 1994.
(5) The standards for accreditation or summary accreditation
under this section shall include as criteria pupil performance on
Michigan education assessment program (MEAP) tests and on the
Michigan
merit examination under section 1279g, and, until the
Michigan
merit examination has been fully implemented, the
percentage
of pupils achieving state endorsement under section
1279,
but shall not be based solely on
pupil performance on MEAP
tests
or the Michigan merit examination. or on the percentage of
pupils
achieving state endorsement under section 1279. The
standards shall also include as criteria multiple year change in
pupil performance on MEAP tests and the Michigan merit examination.
and,
until after the Michigan merit examination is fully
implemented,
multiple year change in the percentage of pupils
achieving
state endorsement under section 1279. If
it is necessary
for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with this subsection, the revised
standards shall be developed, reviewed, approved, and distributed
using the same process as prescribed in subsection (3).
(6) If the superintendent of public instruction determines
that a public school has met the standards established under
subsection (4) or (5) for summary accreditation, the school is
considered to be accredited without the necessity for a full
building-level evaluation under subsection (2).
(7) If the superintendent of public instruction determines
that a school has not met the standards established under
subsection (4) or (5) for summary accreditation but that the school
is making progress toward meeting those standards, or if, based on
a full building-level evaluation under subsection (2), the
superintendent of public instruction determines that a school has
not met the standards for accreditation but is making progress
toward meeting those standards, the school is in interim status and
is subject to a full building-level evaluation as provided in this
section.
(8) If a school has not met the standards established under
subsection (4) or (5) for summary accreditation and is not eligible
for interim status under subsection (7), the school is unaccredited
and subject to the measures provided in this section.
(9)
Beginning with the 2002-2003 school year, if If at
least
5% of a public school's answer sheets from the administration of
the Michigan educational assessment program (MEAP) tests are lost
by the department or by a state contractor and if the public school
can verify that the answer sheets were collected from pupils and
forwarded to the department or the contractor, the department shall
not assign an accreditation score or school report card grade to
the public school for that subject area for the corresponding year
for the purposes of determining state accreditation under this
section. The department shall not assign an accreditation score or
school report card grade to the public school for that subject area
until the results of all tests for the next year are available.
(10) Subsection (9) does not preclude the department from
determining whether a public school or a school district has
achieved adequate yearly progress for the school year in which the
answer sheets were lost for the purposes of the no child left
behind act of 2001, Public Law 107-110. However, the department
shall ensure that a public school or the school district is not
penalized when determining adequate yearly progress status due to
the fact that the public school's MEAP answer sheets were lost by
the department or by a state contractor, but shall not require a
public school or school district to retest pupils or produce scores
from another test for this purpose.
(11) The superintendent of public instruction shall annually
review and evaluate for accreditation purposes the performance of
each school that is unaccredited and as many of the schools that
are in interim status as permitted by the department's resources.
(12) The superintendent of public instruction shall, and the
intermediate school district to which a school district is
constituent, a consortium of intermediate school districts, or any
combination thereof may, provide technical assistance, as
appropriate, to a school that is unaccredited or that is in interim
status upon request of the board of the school district in which
the school is located. If requests to the superintendent of public
instruction for technical assistance exceed the capacity, priority
shall be given to unaccredited schools.
(13)
A school that If the
superintendent of public instruction
determines that a public school has been unaccredited for 3
consecutive
years is subject to or is
among the lowest achieving 5%
of all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5, known as the "race to the top" grant
program, then the superintendent of public instruction may issue an
order imposing 1 or more of the following measures, as determined
by the superintendent of public instruction:
(a) The superintendent of public instruction or his or her
designee
shall may appoint
at the expense of the affected school
district an administrator of the school until the school becomes
accredited.
(b) A parent, legal guardian, or person in loco parentis of a
child who attends the school may send his or her child to any
accredited public school with an appropriate grade level within the
school district.
(c) The superintendent of public instruction may order the
board
or board of directors that operates the school ,
with the
approval
of the superintendent of public instruction, shall to
align
itself the school with an existing research-based school
improvement model or establish an affiliation for providing
assistance to the school with a college or university located in
this state, as approved by the superintendent of public
instruction.
(d)
The school shall be closed. The
superintendent of public
instruction may take action to implement for the school any of the
4 school intervention models that are provided for the lowest
achieving schools under the federal incentive grant program created
under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program. These models are the
turnaround model, restart model, school closure, and transformation
model.
(14) The superintendent of public instruction shall evaluate
the school accreditation program and the status of schools under
this section and shall submit an annual report based upon the
evaluation to the senate and house committees that have the
responsibility for education legislation. The report shall address
the reasons each unaccredited school is not accredited and shall
recommend legislative action that will result in the accreditation
of all public schools in this state.
(15) Beginning with the 2008-2009 school year, a high school
shall not be accredited by the department unless the department
determines that the high school is providing or has otherwise
ensured that all pupils have access to all of the elements of the
curriculum required under sections 1278a and 1278b. If it is
necessary for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with the changes made to this
section by the amendatory act that added this subsection, the
revised standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3).
(16) As soon as practicable after the federal department of
education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
(17) If a school on the list posted by the superintendent of
public instruction under subsection (16) is a public school
academy, the superintendent of public instruction immediately shall
notify the public school academy's authorizing body that the school
has been identified for these purposes as being among the lowest
achieving 5% of all public schools in this state. The public school
academy's authorizing body may revoke the public school academy's
contract, and the public school academy may be closed.
Sec. 1280c. (1) Beginning after the 2010-2011 school year, if
the superintendent of public instruction determines that 25% or
more of the pupils in membership in a school district are enrolled
in 1 or more schools that have been determined by the
superintendent of public instruction to be among the lowest
achieving 5% of all public schools in this state, as defined for
the purposes of the federal incentive grant program created under
sections 14005 and 14006 of title XIV of the American recovery and
reinvestment act of 2009, Public Law 111-5, then the superintendent
of public instruction shall issue an order designating the school
district as a turnaround school district and shall take measures
under subsection (3) with respect to the school district, as
applicable. The superintendent of public instruction shall issue
the order designating a school district as a turnaround school
district within 15 days after he or she determines that the public
school meets the criteria under this subsection.
(2) Within 15 days after issuing an order under subsection
(1), the superintendent of public instruction shall appoint a
review team to conduct an evaluation of the turnaround school
district. All of the following apply to this review team:
(a) The review team shall consist of at least a teacher who is
not employed by the turnaround school district, a support staff
member who is not employed by the turnaround school district, a
parent who does not have a child enrolled in the turnaround school
district, a school administrator who is not employed by the
turnaround school district, a school board member, a teacher
employed by the turnaround school district, a representative of the
intermediate school district in which the turnaround school
district is located, a member of the local community, and another
designee of the superintendent of public instruction. A member of
the review team serves at the pleasure of the superintendent of
public instruction and may be removed and replaced by the
superintendent of public instruction.
(b) The review team's evaluation shall focus on issues at both
the school district level and school building level and shall
cover, at a minimum, pupil performance on state assessments,
standards and expectations, curriculum, instruction, time on task,
learning environment, prevalence of transient pupils, parental
involvement, community involvement, staff development, planning and
assessment, and governance and leadership.
(c) Within 30 days after being appointed, the review team
shall submit a report to the superintendent of public instruction
based on its evaluation that identifies the reasons for the low
achievement within the school district and contains recommendations
on the measures that the superintendent of public instruction and
the chief educational officer appointed under subsection (3) should
take under this section with regard to the turnaround school
district.
(d) The review team shall reevaluate the turnaround school
district at least annually to monitor the progress being made in
implementing the recommendations contained in the review team's
evaluation report.
(e) The board of a turnaround school district shall cooperate
fully with a review team appointed under this subsection.
(3) If the superintendent of public instruction issues an
order designating a school district as a turnaround school district
under subsection (1), then within 60 days after receiving the
evaluation report from the review team under subsection (2), the
superintendent of public instruction shall issue an order
appointing a chief educational officer for the turnaround school
district. The chief educational officer shall take control of the
turnaround school district and operate it as provided under this
section.
(4) If the superintendent of public instruction appoints a
chief educational officer for a turnaround school district under
subsection (3), all of the following apply:
(a) The chief educational officer shall carry out the
functions under this section and as otherwise prescribed by law.
All of the following apply to the appointment:
(i) The chief educational officer shall be chosen solely on the
basis of his or her competence and experience either in educational
reform and redesign and improving pupil achievement or in business
and fiscal matters. If the chief educational officer is chosen
based on his or her experience and competence in business and
fiscal matters, the chief educational officer, with the approval of
the superintendent of public instruction, shall hire an expert in
educational reform and redesign with a proven record of improving
pupil achievement to assist the chief educational officer in
operating the turnaround school district.
(ii) The chief educational officer or an assistant described in
subparagraph (i) shall not have been either an elected or appointed
official or employee of the school district for which he or she is
appointed for not less than 5 years before the appointment.
(iii) The superintendent of public instruction shall not serve
as a chief educational officer under this section.
(iv) The chief educational officer need not be a resident of
the school district for which he or she is appointed.
(v) The superintendent of public instruction shall enter into
a contract with the chief educational officer appointing the chief
educational officer for a term of at least 1 but not more than 3
years, as determined by the superintendent of public instruction.
Subject to subdivision (k), the superintendent of public
instruction may renew the appointment for 1 or more subsequent
terms of not more than 3 years, as determined by the superintendent
of public instruction.
(b) With respect to the turnaround school district, the chief
educational officer has all of the powers and duties described in
this section. All provisions of this act that would otherwise apply
to the school board that previously operated the turnaround school
district apply to the chief educational officer with respect to
that school district, except those relating to taxation or
borrowing. Subject to this section, the chief educational officer
may exercise all the powers and duties otherwise vested by law in
the school board that previously operated the turnaround school
district and in its officers, except those relating to taxation or
borrowing, and may exercise all additional powers and duties
provided under this section. Subject to this section, the chief
educational officer accedes to all the rights, duties, and
obligations of the school board. Other than taxation and borrowing
and specific powers and duties given to the school board under this
section, the school board's role is limited to acting as an
advisory board to the chief educational officer. The chief
educational officer's powers, rights, duties, and obligations
include, but are not limited to, all of the following:
(i) Authority over expenditure of all funds of the school
district, including proceeds from bonded indebtedness and other
funds dedicated to capital projects.
(ii) Subject to this section, rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees of the school district.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Subject to subsection (7), authority to delegate any of
the chief educational officer's powers and duties to 1 or more
designees, with proper supervision by the chief educational
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board. However, this subparagraph does
not allow any termination or diminishment of obligations to pay
debt service on legally authorized bonds and does not allow a
collective bargaining agreement to be affected except as provided
under this section. A contract terminated by the chief educational
officer under this subparagraph is void.
(c) The chief educational officer shall take control of the
continued day-to-day operation of the turnaround school district.
The chief educational officer may modify school district policies
and renegotiate applicable collective bargaining agreements to
provide for any measures that the chief educational officer
determines to be necessary to achieve the educational goals
established by the chief educational officer. The policies that may
be modified or collective bargaining agreement provisions that may
be renegotiated under this subsection include, but are not limited
to, all of the following:
(i) That any contractual or other seniority system that would
otherwise be applicable shall not apply. This subparagraph does not
allow unilateral changes in pay scales or benefits.
(ii) That any contractual or other work rules the chief
educational officer determines to be impediments to achieving
satisfactory pupil performance shall not apply. This subparagraph
does not allow unilateral changes in pay scales or benefits.
(iii) That the chief educational officer shall direct the
expenditure of all funds of the school district, and the chief
educational officer shall have full autonomy and control over
curriculum and discretionary spending for the school district.
(d) For the purposes of collective bargaining under 1947 PA
336, MCL 423.201 to 423.217, the chief educational officer is the
public employer of the employees of the school district for as long
as the school district is operated by the chief educational
officer.
(e) Except as otherwise provided by law, an individual may be
employed to teach in the school district only if he or she holds a
valid Michigan teaching certificate.
(f) The chief educational officer shall report all of the
following to the superintendent of public instruction:
(i) The educational goals the turnaround school district is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a turnaround school
district shall be assessed using at least a Michigan education
assessment program (MEAP) test or the Michigan merit examination,
as applicable. At a minimum, the educational goals shall include
that at least 80% of the school district's pupils graduate from
high school or are determined by the department to be on track to
graduate from high school, the school district has at least 80%
average attendance, and, for a school district that operates a high
school, its pupils have an average score of at least 18 on the
college entrance examination component of the Michigan merit
examination.
(ii) A description of the method to be used to monitor the
turnaround school district's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(g) The following powers concerning employees:
(i) The chief educational officer may remove a staff member
from a job assignment in the school district in accordance with any
applicable collective bargaining agreement, after any modification
of the collective bargaining agreement under this section, and
direct that he or she be assigned elsewhere in the school district.
(ii) The chief educational officer or other school leader
designated by the chief educational officer may hire and assign
employees to work in the school district.
(h) The school board of the turnaround school district shall
ensure that all of its school officials and employees cooperate
with the chief educational officer and with any educational
management entity managing the turnaround school district.
(i) The chief educational officer shall adopt and implement
for the turnaround school district a parent involvement plan
designed to encourage parental participation. This parent
involvement plan may be, but is not required to be, based on the
parent involvement plan previously implemented in the school
district under section 1294. The chief educational officer shall
provide a copy of the parent involvement plan to the parent or
legal guardian of each pupil enrolled in the school district and to
the superintendent of public instruction. The chief educational
officer may provide the copy of the plan by including the plan in
the student handbook or a similar publication that is distributed
to all pupils and parents.
(j) The chief educational officer shall establish a school
advisory council for the turnaround school district, as applicable,
consisting of parents and community leaders and shall meet with the
school advisory council periodically to receive their input. The
intermediate school district in which the turnaround school
district is located shall appoint a representative to the school
advisory council. The chief educational officer may also include on
the advisory council 1 or more pupils; representatives of local
community organizations that offer health, social, or educational
services; or representatives of local workforce development boards
or postsecondary institutions that serve the local community.
(k) If the superintendent of public instruction determines
that the turnaround school district has not met at least all of the
following after 3 full school years of being operated by a
particular chief educational officer, the superintendent of public
instruction shall appoint a new chief educational officer for the
school district as provided under this section:
(i) At least 1 of the following:
(A) The percentage of all pupils enrolled in the turnaround
school district who scored at least "proficient" on the most recent
Michigan education assessment program assessments or Michigan merit
examination, as applicable, for which results are available was at
least 30% in either mathematics or English language arts.
(B) The percentage of all pupils below the proficient
achievement level used for the federal pupil performance standard
decreased by at least 10% from the preceding year. Scores labeled
"provisionally proficient" are considered as proficient for these
purposes.
(ii) All of the following educational goals:
(A) At least 80% of the school district's pupils graduate from
high school or are determined by the department to be on track to
graduate from high school.
(B) The school district has at least 80% average attendance.
(C) For a school district that operates a high school, its
pupils have an average score of at least 18 on the college entrance
examination component of the Michigan merit examination.
(iii) The review team appointed under subsection (2) determines
in its annual reevaluations that the chief educational officer is
making satisfactory progress in implementing the recommendations in
the review team's initial evaluation report.
(5) The superintendent of public instruction may determine and
certify that the conditions for revoking the designation of a
school district as a turnaround school district have been met after
receiving a recommendation from the chief educational officer. The
chief educational officer may condition his or her recommendation
to the superintendent of public instruction upon the school board's
adoption of a resolution that will ensure that the goals and
methods of the chief educational officer, as reported to the
superintendent of public instruction under subsection (4)(f), will
be continued in the school district.
(6) The superintendent of public instruction shall do 1 of the
following:
(a) Create a high-performing school review team that evaluates
public school academies in this state and similar public schools in
other states to identify persons or entities that operate high-
performing public schools. The high-performing school review team
shall consist of at least teachers, school administrators, and
other educational experts. In identifying high-performing public
schools, the high-performing school review team shall take into
account the past academic performance of pupils at the school, past
grade offerings at the school, and the demographics of pupils at
the school.
(b) Contract with an entity to perform the functions under
subdivision (a).
(7) Subject to section 1280d, a chief educational officer may
contract with an educational management entity for the management
of the turnaround school district that the chief educational
officer operates, at the discretion of the chief educational
officer. The superintendent of public instruction shall use the
evaluations of the high-performing school review team or the
contracting entity under subsection (6) to solicit proposals from
educational management entities to manage turnaround school
districts. The superintendent of public instruction shall share
these proposals with the chief educational officers appointed by
the superintendent of public instruction under this section.
(8) Unless the legislature provides special funding, a chief
educational officer appointed under this section shall receive
compensation as established by the superintendent of public
instruction, and reimbursement for actual and necessary expenses,
from the turnaround school district, as approved by the
superintendent of public instruction. In addition to staff
otherwise authorized by law, with the approval of the
superintendent of public instruction, the chief educational officer
may appoint additional staff and secure professional assistance
considered necessary to implement this section. If the chief
educational officer was chosen based on his or her experience and
competence in business and fiscal matters, the chief educational
officer, with the approval of the superintendent of public
instruction, shall hire an expert in educational reform and
redesign with a proven record of improving pupil achievement to
assist the chief educational officer in operating the turnaround
school district.
(9) At least annually, the department shall publish a watch
list of public schools that are in danger of being determined to be
among the lowest achieving 5% of all public schools in this state,
as defined for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5. The
department shall include a public school on this watch list if the
department determines that a public school has been unaccredited
under section 1280 for 2 or more consecutive years or has failed to
achieve the federal pupil performance standard for 3 or more
consecutive years, and that the percentage of all pupils enrolled
in the public school who scored at least "proficient" on the most
recent Michigan education assessment program assessments or
Michigan merit examination, as applicable, for which results are
available was less than 45% in both mathematics and English
language arts, and may include other public schools if the
department determines that there are other reasons why they are in
danger of being determined to be among the lowest achieving 5% of
all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5.
(10) If a public school is included on the watch list under
subsection (9), the department shall notify the school board or
board of directors that operates the public school, the collective
bargaining representatives of all collective bargaining units with
members who work at the school or who are employed by that school
board or board of directors, and the intermediate school district
in which the public school is located. The school board or board of
directors shall notify employees and parent organizations of the
school district or public school academy that the school has been
placed on this watch list and shall publish a notice to this effect
on its website. The school board or board of directors shall ensure
that appropriate personnel of the school district or school meet
with the intermediate school district in which the public school is
located to develop a plan to implement measures at the public
school that are designed to enable the public school to make the
necessary improvement to be removed from the watch list.
(11) For the purposes of this section, the superintendent of
public instruction is encouraged to consider taking measures to
increase the number of qualified school counselors serving a
turnaround school district to ensure that there is at least 1
qualified school counselor for every 250 pupils. If federal funds
become available to support the placement of additional qualified
school counselors for a turnaround school district, the department
shall notify the chief educational officer operating the turnaround
school district about these funds and shall take steps as necessary
to facilitate the procurement of these funds for the turnaround
school district.
(12) If the superintendent of public instruction determines
that the resources available to the department are insufficient to
address all of the school districts described in subsection (1),
the superintendent of public instruction shall prioritize his or
her efforts by addressing the 30 lowest-performing school districts
during the 2011-2012 school year and 30 additional school districts
each subsequent school year until all of the school districts
described in subsection (1) have been addressed.
(13) At least quarterly, the superintendent of public
instruction shall submit a report to the standing committees of the
senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section.
(14) This state, the superintendent of public instruction, and
a chief educational officer appointed under this section are not
liable for any obligation of or claim against a school district
resulting from actions taken in accordance with this section.
(15) As used in this section:
(a) "Achieved the federal pupil performance standard" means
that the department has determined that the school has achieved
adequate yearly progress under the no child left behind act of
2001, Public Law 107-110, or has met a successor federal standard
that the superintendent of public instruction has identified as
being a standard established by the federal government that is
based on pupil performance and is required to be met in order to
receive full federal funding.
(b) "Failed to achieve the federal pupil performance standard"
means that the department has determined that the school has failed
to achieve adequate yearly progress under the no child left behind
act of 2001, Public Law 107-110, or has failed to meet a successor
federal standard that the superintendent of public instruction has
identified as being a standard established by the federal
government that is based on pupil performance and is required to be
met in order to receive full federal funding.
Sec. 1280d. (1) If a chief educational officer operating a
turnaround school district under section 1280c enters into a
contract with an educational management entity for the management
of the turnaround school district, the chief educational officer
shall ensure all of the following:
(a) That the chief educational officer has conducted
sufficient due diligence to conclude that the educational
management entity has sufficient educational expertise and
management experience to provide the agreed services.
(b) That the chief educational officer will obtain independent
legal counsel in all negotiations with the educational management
entity.
(c) That, pursuant to the contract between the chief
educational officer and the educational management entity, the
educational management entity will provide to the chief educational
officer all financial and other information required to comply with
the requirements concerning reporting under section 1280c.
(2) If a chief educational officer operating a turnaround
school district under section 1280c enters into a contract with an
educational management entity for the management of the turnaround
school district, the contract between the chief educational officer
and the educational management entity shall contain at least all of
the following provisions:
(a) A provision requiring the educational management entity to
provide to the chief educational officer information regarding any
teachers, administrators, and support staff employed by the
educational management entity and assigned to work in the school
district, including at least all of the following personal
information:
(i) Name.
(ii) Education, including highest degree attained.
(iii) Salary.
(iv) Copy of teaching certificate or other required permit or
credential, if required for the position.
(v) Description of relevant experience.
(vi) Employment record.
(b) A provision requiring the educational management entity to
provide to the chief educational officer information regarding the
business operations of the turnaround school district, including at
least all of the following:
(i) Financial records and information concerning the operation
of the school district, including, but not limited to, budgets and
detailed records of funds received from this state and other
entities, expenditure of those funds, investment of those funds,
carryover, and contractual arrangements or agreements entered into
by the educational management entity as an agent of the chief
educational officer.
(ii) Financial records and information concerning leases to
which the chief educational officer is a party, including, but not
limited to, leases for equipment, physical facility space, or
institutional and educational materials.
(iii) Financial records and information concerning mortgages and
loans to which the chief educational officer is a party.
(c) A provision requiring the educational management entity to
make information available to the chief educational officer
concerning the operation and management of the turnaround school
district, including at least all of the information necessary to
comply with the requirements concerning reporting under section
1280c.
(3) This section does not apply to a contract to furnish
substitute teachers entered into under section 1236a.
(4) As used in this section:
(a) "Educational management entity" means an entity that
enters into an agreement with the chief educational officer
operating a turnaround school district under section 1280c to
provide comprehensive educational, administrative, management, or
instructional services or staff to the turnaround school district.
(b) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
Sec. 1311. (1) Subject to subsection (2), the school board, or
the school district superintendent, a school building principal, or
another school district official if designated by the school board,
may authorize or order the suspension or expulsion from school of a
pupil guilty of gross misdemeanor or persistent disobedience if, in
the judgment of the school board or its designee, as applicable,
the interest of the school is served by the authorization or order.
If there is reasonable cause to believe that the pupil is a student
with a disability, and the school district has not evaluated the
pupil in accordance with rules of the superintendent of public
instruction to determine if the pupil is a student with a
disability, the pupil shall be evaluated immediately by the
intermediate school district of which the school district is
constituent in accordance with section 1711.
(2)
If Except as otherwise
provided in subsection (11), if a
pupil possesses in a weapon free school zone a weapon that
constitutes a dangerous weapon, commits arson in a school building
or on school grounds, or commits criminal sexual conduct in a
school building or on school grounds, the school board, or the
designee of the school board as described in subsection (1) on
behalf of the school board, shall expel the pupil from the school
district permanently, subject to possible reinstatement under
subsection (5). However, a school board is not required to expel a
pupil for possessing a weapon if the pupil establishes in a clear
and convincing manner at least 1 of the following:
(a) The object or instrument possessed by the pupil was not
possessed by the pupil for use as a weapon, or for direct or
indirect delivery to another person for use as a weapon.
(b) The weapon was not knowingly possessed by the pupil.
(c) The pupil did not know or have reason to know that the
object or instrument possessed by the pupil constituted a dangerous
weapon.
(d) The weapon was possessed by the pupil at the suggestion,
request, or direction of, or with the express permission of, school
or police authorities.
(3) If an individual is expelled pursuant to subsection (2),
the expelling school district shall enter on the individual's
permanent record that he or she has been expelled pursuant to
subsection (2). Except if a school district operates or
participates cooperatively in an alternative education program
appropriate for individuals expelled pursuant to subsection (2) and
in its discretion admits the individual to that program, and except
for a strict discipline academy established under sections 1311b to
1311l, an individual expelled pursuant to subsection (2) is expelled
from all public schools in this state and the officials of a school
district shall not allow the individual to enroll in the school
district unless the individual has been reinstated under subsection
(5). Except as otherwise provided by law, a program operated for
individuals expelled pursuant to subsection (2) shall ensure that
those individuals are physically separated at all times during the
school day from the general pupil population. If an individual
expelled from a school district pursuant to subsection (2) is not
placed in an alternative education program or strict discipline
academy, the school district may provide, or may arrange for the
intermediate school district to provide, appropriate instructional
services to the individual at home. The type of services provided
shall meet the requirements of section 6(4)(u) of the state school
aid act of 1979, MCL 388.1606, and the services may be contracted
for in the same manner as services for homebound pupils under
section 109 of the state school aid act of 1979, MCL 388.1709. This
subsection does not require a school district to expend more money
for providing services for a pupil expelled pursuant to subsection
(2) than the amount of the foundation allowance the school district
receives for the pupil as calculated under section 20 of the state
school aid act of 1979, MCL 388.1620.
(4) If a school board expels an individual pursuant to
subsection (2), the school board shall ensure that, within 3 days
after the expulsion, an official of the school district refers the
individual to the appropriate county department of social services
or county community mental health agency and notifies the
individual's parent or legal guardian or, if the individual is at
least age 18 or is an emancipated minor, notifies the individual of
the referral.
(5) The parent or legal guardian of an individual expelled
pursuant to subsection (2) or, if the individual is at least age 18
or is an emancipated minor, the individual may petition the
expelling school board for reinstatement of the individual to
public education in the school district. If the expelling school
board denies a petition for reinstatement, the parent or legal
guardian or, if the individual is at least age 18 or is an
emancipated minor, the individual may petition another school board
for reinstatement of the individual in that other school district.
All of the following apply to reinstatement under this subsection:
(a) For an individual who was enrolled in grade 5 or below at
the time of the expulsion and who has been expelled for possessing
a firearm or threatening another person with a dangerous weapon,
the parent or legal guardian or, if the individual is at least age
18 or is an emancipated minor, the individual may initiate a
petition for reinstatement at any time after the expiration of 60
school days after the date of expulsion. For an individual who was
enrolled in grade 5 or below at the time of the expulsion and who
has been expelled pursuant to subsection (2) for a reason other
than possessing a firearm or threatening another person with a
dangerous weapon, the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, the
individual may initiate a petition for reinstatement at any time.
For an individual who was in grade 6 or above at the time of
expulsion, the parent or legal guardian or, if the individual is at
least age 18 or is an emancipated minor, the individual may
initiate a petition for reinstatement at any time after the
expiration of 150 school days after the date of expulsion.
(b) An individual who was in grade 5 or below at the time of
the expulsion and who has been expelled for possessing a firearm or
threatening another person with a dangerous weapon shall not be
reinstated before the expiration of 90 school days after the date
of expulsion. An individual who was in grade 5 or below at the time
of the expulsion and who has been expelled pursuant to subsection
(2) for a reason other than possessing a firearm or threatening
another person with a dangerous weapon shall not be reinstated
before the expiration of 10 school days after the date of the
expulsion. An individual who was in grade 6 or above at the time of
the expulsion shall not be reinstated before the expiration of 180
school days after the date of expulsion.
(c) It is the responsibility of the parent or legal guardian
or, if the individual is at least age 18 or is an emancipated
minor, of the individual to prepare and submit the petition. A
school board is not required to provide any assistance in preparing
the petition. Upon request by a parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the
individual, a school board shall make available a form for a
petition.
(d) Not later than 10 school days after receiving a petition
for reinstatement under this subsection, a school board shall
appoint a committee to review the petition and any supporting
information submitted by the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the
individual. The committee shall consist of 2 school board members,
1 school administrator, 1 teacher, and 1 parent of a pupil in the
school district. During this time the superintendent of the school
district may prepare and submit for consideration by the committee
information concerning the circumstances of the expulsion and any
factors mitigating for or against reinstatement.
(e) Not later than 10 school days after all members are
appointed, the committee described in subdivision (d) shall review
the petition and any supporting information and information
provided by the school district and shall submit a recommendation
to the school board on the issue of reinstatement. The
recommendation shall be for unconditional reinstatement, for
conditional reinstatement, or against reinstatement, and shall be
accompanied by an explanation of the reasons for the recommendation
and of any recommended conditions for reinstatement. The
recommendation shall be based on consideration of all of the
following factors:
(i) The extent to which reinstatement of the individual would
create a risk of harm to pupils or school personnel.
(ii) The extent to which reinstatement of the individual would
create a risk of school district liability or individual liability
for the school board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before the incident that
caused the expulsion.
(v) The individual's attitude concerning the incident that
caused the expulsion.
(vi) The individual's behavior since the expulsion and the
prospects for remediation of the individual.
(vii) If the petition was filed by a parent or legal guardian,
the degree of cooperation and support that has been provided by the
parent or legal guardian and that can be expected if the individual
is reinstated, including, but not limited to, receptiveness toward
possible conditions placed on the reinstatement.
(f) Not later than the next regularly scheduled board meeting
after receiving the recommendation of the committee under
subdivision (e), a school board shall make a decision to
unconditionally reinstate the individual, conditionally reinstate
the individual, or deny reinstatement of the individual. The
decision of the school board is final.
(g) A school board may require an individual and, if the
petition was filed by a parent or legal guardian, his or her parent
or legal guardian to agree in writing to specific conditions before
reinstating the individual in a conditional reinstatement. The
conditions may include, but are not limited to, agreement to a
behavior contract, which may involve the individual, parent or
legal guardian, and an outside agency; participation in or
completion of an anger management program or other appropriate
counseling; periodic progress reviews; and specified immediate
consequences for failure to abide by a condition. A parent or legal
guardian or, if the individual is at least age 18 or is an
emancipated minor, the individual may include proposed conditions
in a petition for reinstatement submitted under this subsection.
(6) A school board or school administrator that complies with
subsection (2) is not liable for damages for expelling a pupil
pursuant to subsection (2), and the authorizing body of a public
school academy is not liable for damages for expulsion of a pupil
by the public school academy pursuant to subsection (2).
(7) The department shall develop and distribute to all school
districts a form for a petition for reinstatement to be used under
subsection (5).
(8) This section does not diminish any rights under federal
law of a pupil who has been determined to be eligible for special
education programs and services.
(9) If a pupil expelled from a public school district pursuant
to subsection (2) is enrolled by a public school district sponsored
alternative education program or a public school academy during the
period of expulsion, the public school academy or alternative
education program shall immediately become eligible for the
prorated share of either the public school academy or operating
school district's foundation allowance or the expelling school
district's foundation allowance, whichever is higher.
(10) If an individual is expelled pursuant to subsection (2),
it is the responsibility of that individual and of his or her
parent or legal guardian to locate a suitable alternative
educational program and to enroll the individual in such a program
during the expulsion. The office of safe schools in the department
shall compile information on and catalog existing alternative
education programs or schools and nonpublic schools that may be
open to enrollment of individuals expelled pursuant to subsection
(2) and pursuant to section 1311a, and shall periodically
distribute this information to school districts for distribution to
expelled individuals. A school board that establishes an
alternative education program or school described in this
subsection shall notify the office of safe schools about the
program or school and the types of pupils it serves. The office of
safe schools also shall work with and provide technical assistance
to school districts, authorizing bodies for public school
academies, and other interested parties in developing these types
of alternative education programs or schools in geographic areas
that are not being served.
(11) Subsection (2) does not apply to a pupil who is engaged
solely in remote instruction and learning from the pupil's home,
provided by a school of excellence that is a cyber school, as
defined in section 551.
(12)
(11) As used in this section:
(a) "Arson" means a felony violation of chapter X of the
Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.
(b) "Criminal sexual conduct" means a violation of section
520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA
328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(c) "Dangerous weapon" means that term as defined in section
1313.
(d) "Firearm" means that term as defined in section 921 of
title 18 of the United States Code, 18 USC 921.
(e) "School board" means a school board, intermediate school
board, or the board of directors of a public school academy.
(f) "School district" means a school district, a local act
school district, an intermediate school district, or a public
school academy.
(g) "Weapon free school zone" means that term as defined in
section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
Sec. 1536. (1) The state board shall develop a school
administrator's
certificate that may shall
be issued to all
school
district and intermediate school district superintendents, school
principals, assistant principals, and other administrators whose
primary responsibility is administering instructional programs and
who meet the requirements established under subsection (3). An
individual described in section 1246(1)(a) is not required by this
section to have a school administrator's certificate under this
section or an endorsement under subsection (2) to be employed as a
school administrator by a school district, public school academy,
intermediate school district, or nonpublic school.
(2)
The state board also may shall
develop appropriate
certificate endorsements for school administrators, by elementary,
secondary, and central office level.
(3) The state board shall develop standards, and the
superintendent of public instruction shall develop procedures, to
implement this section. The standards and procedures shall address
at least all of the following:
(a) The educational and professional experience requirements
for a certificate or endorsement under this section.
(b) Continuing education requirements for periodic
recertification. These requirements shall be consistent with the
continuing education requirements under section 1246.
(c) Procedures for application for and issuance of
certificates and endorsements under this section.
(d) Standards and procedures for suspension and revocation of
a certificate. These standards and procedures shall be based on the
standards and procedures for taking action against a person's
teaching certificate under section 1535a.
(4) The department shall consult and work with appropriate
professional organizations, primarily organizations representing
superintendents and building-level administrators, in developing
the standards required under this section.
(5) For the purposes of adding 1 or more enhancement or
specialty endorsements for a school administrator's certificate,
the department may recognize performance-based professional
learning programs offered by established state professional
organizations that represent school administrators described in
subsection (1). These programs must be approved by the department
based on alignment with state board-approved school administrator
program preparation standards.
(6) A school administrator's certificate issued under this
section is valid for 5 years and shall be renewed upon completion
of renewal units as determined by the superintendent of public
instruction.
(7) The department shall recognize alternative pathways to
earning the basic school administrator's certificate based on
experience or alternative preparation, or both, if the alternative
certification program is submitted by an established state
professional organization and meets criteria set forth by state
board approved school administrator program preparation standards.
(8) (6)
As used in this section,
"established state
professional organization" means an association that has served
members on a statewide basis for at least 10 years.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 638.
(b) Senate Bill No. 926.
(c) Senate Bill No. 981.
(d) House Bill No. 4788.
(e) House Bill No. 5596.
