Bill Text: MI HB4798 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: School aid; other; pupils residing in district that is not financially able to provide education; consider to be residents of educating district for school aid purposes. Amends sec. 3 of 1979 PA 94 (MCL 388.1603).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-06-04 - Printed Bill Filed 05/30/2013 [HB4798 Detail]

Download: Michigan-2013-HB4798-Introduced.html

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HOUSE BILL No. 4798

 

May 30, 2013, Introduced by Reps. Rogers and Rutledge and referred to the Committee on Education.

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 3 (MCL 388.1603), as amended by 2012 PA 201.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) "Achievement authority" means the education

 

achievement authority, the public body corporate and special

 

authority initially created under section 5 of article III and

 

section 28 of article VII of the state constitution of 1963 and the

 

urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512, by an interlocal agreement effective August 11, 2011,

 

between the school district of the city of Detroit and the board of

 

regents of eastern Michigan university, a state public university.

 

     (2) "Achievement school" means a public school within the

 

education achievement system operated, managed, authorized,

 

established, or overseen by the achievement authority.

 

     (3) "Average daily attendance", for the purposes of complying

 

with federal law, means 92% of the pupils counted in membership on

 

the pupil membership count day, as defined in section 6(7).

 

     (4) "Board" means the governing body of a district or public

 

school academy.

 

     (5) "Center" means the center for educational performance and

 

information created in section 94a.

 

     (6) "Cooperative education program" means a written voluntary

 

agreement between and among districts to provide certain

 

educational programs for pupils in certain groups of districts. The

 

written agreement shall be approved by all affected districts at

 

least annually and shall specify the educational programs to be

 

provided and the estimated number of pupils from each district who

 

will participate in the educational programs.

 

     (7) "Delinquent plan district" means a district that meets

 

both of the following:

 

     (a) The district either has failed to submit a deficit

 

elimination plan required under section 102 or has submitted a

 

deficit elimination plan under section 102 but that plan has not

 

been approved by the department within 90 days after it was

 

submitted.

 

     (b) The superintendent and the state treasurer have both

 

determined that the district is not financially viable and is

 

unable to educate district residents for a school year, and have

 

provided the district with written notice of this determination.

 

     (8) (7) "Department", except in section 107, means the

 

department of education.

 

     (9) (8) "District" means a local school district established

 

under the revised school code or, except in sections 6(4), 6(6),

 

13, 20, 22a, 31a, 51a(14), 105, 105c, and 166b, a public school

 

academy. Except in sections 6(4), 6(6), 6(8), 13, 20, 22a, 31a,

 

105, 105c, and 166b, district also includes the education

 

achievement system.

 

     (10) (9) "District of residence", except as otherwise provided

 

in this subsection, means the district in which a pupil's custodial

 

parent or parents or legal guardian resides. For a pupil described

 

in section 24b, the pupil's district of residence is the district

 

in which the pupil enrolls under that section. For a pupil

 

described in section 6(4)(d), the pupil's district of residence

 

shall be considered to be the district or intermediate district in

 

which the pupil is counted in membership under that section. For a

 

pupil under court jurisdiction who is placed outside the district

 

in which the pupil's custodial parent or parents or legal guardian

 

resides, the pupil's district of residence shall be considered to

 

be the educating district or educating intermediate district. For a

 

pupil with a parent or legal guardian who resides in a delinquent

 

plan district, the pupil's district of residence is considered to

 

be the pupil's educating district or educating  intermediate

 

district.

 

     (11) (10) "District superintendent" means the superintendent

 

of a district, the chief administrator of a public school academy,

 

or the chancellor of the achievement authority.