Bill Text: MI HB4911 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Education: school districts; public innovative districts; create. Amends sec. 1284b of 1976 PA 451 (MCL 380.1284b) & adds secs. 1173 & 1173a. TIE BAR WITH: HB 4910'21
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-26 - Bill Electronically Reproduced 05/25/2021 [HB4911 Detail]
Download: Michigan-2021-HB4911-Introduced.html
HOUSE BILL NO. 4911
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235, and by adding sections 1173 and 1173a.
the people of the state of michigan enact:
Sec. 1173. (1) A board of a school district may apply to the superintendent of public instruction for permission to operate the school district or a school of the school district as a public innovative district or public innovative school. An application under this subsection must be submitted by not later than March 1 of the school year immediately preceding the school year in which the board seeks to begin operating the school district or school as a public innovative district or public innovative school and must include at least all of the following:
(a) A statement of commitment from the board outlining the school district's vision for competency-based education, personalized learning, and "any time, any place, any way, any pace" learning or any other innovative approaches to learning in the school district or school.
(b) A description of the instructional program to be implemented in the school district or school.
(c) A description of the interest and support for partnerships between the school district or school, parents, legal guardians, and the community.
(d) A description of the expected benefits of the innovative practices for pupils.
(e) An explanation of how pupil performance in achieving specified outcomes will be measured, evaluated, and reported using multiple measures to inform pupil progress.
(f) A copy of the resolution to seek permission to operate as a public innovative district or public innovative school passed by the board.
(2) If the board of a school district submits an application under subsection (1), the board shall send written notice to the parent or legal guardian of each pupil enrolled in the school district to notify the pupil's parent or legal guardian that the application has been submitted. If the board of a school district receives a notice of approval under subsection (4) or (6), the board of a school district shall send written notice of the approval to the parent or legal guardian of each pupil enrolled in the school district.
(3) Not later than 60 days after receiving an application for permission to operate the school district or a school of the school district as a public innovative district or public innovative school under subsection (1), the superintendent of public instruction shall approve or deny the application. The superintendent of public instruction shall approve an application that is in compliance with this section or deny an application that is not in compliance with this section.
(4) Not later than 10 days after the superintendent of public instruction has approved or denied an application under subsection (3), the superintendent of public instruction shall provide notice of the approval or denial of permission to operate the school district or a school of the school district as a public innovative district or public innovative school to the board of the school district that submitted the application and the education accountability policy commission, in a form and manner prescribed by the superintendent of public instruction.
(5) If the superintendent of public instruction denies an application for permission to operate the school district or a school of the school district as a public innovative district or public innovative school under subsection (3), the education accountability policy commission shall hold a hearing on the application not later than 30 days after the superintendent of public instruction provides notice of the denial under subsection (4). The education accountability policy commission shall provide representatives of the board of the school district that submitted the application an opportunity to present information refuting the basis for the denial. Not later than 30 days before the hearing, the education accountability policy commission shall provide notice of the hearing to the board of the school district that submitted the application.
(6) Not later than 60 days after the hearing under subsection (5), the superintendent of public instruction shall approve the application for permission to operate the school district or a school of the school district as a public innovative district or public innovative school, deny the application, or issue an approval of the application that is contingent on compliance with certain conditions. The superintendent of public instruction shall provide notice of his or her decision under this subsection to the board of the school district that submitted the application, including any conditions on which an approval is contingent and the deadline by which the conditions must be met, as applicable. If the board of the school district fails to meet the conditions by the deadline, the superintendent of public instruction shall deny the application.
(7) If the superintendent of public instruction approves an application under subsection (3) or (6), the board of the school district that submitted the application shall begin operating the school district as a public innovative district or school as a public innovative school beginning with the school year immediately following the school year in which the application was approved.
(8) An approval to operate as a public innovative district or public innovative school granted under this section is valid for 3 school years, beginning with the school year immediately following the school year in which an application was approved, and may be renewed every 3 years. Not later than 90 days before the expiration of an approval to operate as a public innovative district or public innovative school, the board of a school district may submit a renewal application to the superintendent of public instruction for permission to continue operating the school district or school as a public innovative district or public innovative school for an additional 3 school years. A renewal application submitted under this subsection must include at least all of the following:
(a) Evidence that the pupils enrolled in the school district or school met the standards on the applicable state assessments, or an alternative assessment adopted under subsection (15), during the current period of operation as a public innovative district or public innovative school.
(b) Evidence that the school district or school has demonstrated improvement in its course completion rate during the current period of operation as a public innovative district or public innovative school.
(c) Evidence of progress made by the school district or school in achieving the goals, outcomes, and competencies described in the application in subsection (1).
(9) Not later than 60 days after receiving a renewal application under subsection (8), the superintendent of public instruction shall approve a renewal application if the superintendent of public instruction finds that the evidence provided in the application described in subsection (8) is sufficient or deny a renewal application if the superintendent of public instruction finds that the evidence provided in the application described in subsection (8) is insufficient. Not later than 10 days after the superintendent of public instruction has approved or denied a renewal application, the superintendent of public instruction shall provide notice of the approval or denial of permission to continue operating the school district or school as a public innovative district or public innovative school to the board of the school district that submitted the renewal application and the education accountability policy commission, in a form and manner prescribed by the superintendent of public instruction.
(10) If the superintendent of public instruction denies a renewal application under subsection (9), the education accountability policy commission shall hold a hearing on the renewal application not later than 30 days after the superintendent of public instruction provides notice of the denial under subsection (9). The education accountability policy commission shall provide representatives of the board of the school district that submitted the renewal application an opportunity to present information refuting the basis for the denial. Not later than 30 days before the hearing, the education accountability policy commission shall provide notice of the hearing to the board of the school district that submitted the renewal application.
(11) Not later than 60 days after the hearing under subsection (10), the superintendent of public instruction shall approve the renewal application for permission to continue operating the school district or school as a public innovative district or public innovative school, deny the renewal application, or issue an approval of the renewal application that is contingent on compliance with certain conditions. The superintendent of public instruction shall provide notice of his or her decision under this subsection to the board of the school district that submitted the renewal application, including any conditions on which an approval is contingent and the deadline by which the conditions must be met, as applicable. If the board of the school district fails to meet the conditions by the deadline, the superintendent of public instruction shall deny the renewal application.
(12) The board of a school district that operates the school district as a public innovative district under this section or operates a school of the school district as a public innovative school under this section shall develop or adopt, and implement, an instructional program that includes, but is not limited to, all of the following for the school district or school:
(a) Procedures for diagnosing pupil learning needs.
(b) Methods and strategies for teaching that incorporate learner needs.
(c) Resource-based learning opportunities.
(d) Techniques for evaluating pupil outcomes.
(e) The provision of remedial instruction, as needed.
(13) The board of a school district operating the school district as a public innovative district under this section or operating a school of the school district as a public innovative school under this section may offer extended learning opportunities that meet at least all of the following:
(a) Include activities designed to provide credit or supplement regular academic courses.
(b) Include activities designed to promote the educational goals and objectives of the pupil and the school in which the pupil is enrolled.
(c) Incorporate pupils in selecting, organizing, and implementing extended learning activities.
(d) Provide opportunities for pupils to acquire knowledge and skill development comparable to knowledge and skill development in courses offered at the school.
(e) Are available to all pupils.
(f) Include activities that supplement and enrich regular academic courses.
(g) Include activities that provide opportunities for social development.
(h) Include activities that encourage participation in the arts, athletics, and other cooperative groups.
(i) Include activities that encourage service to the school and the community.
(14) If the board of a school district operating the school district as a public innovative district under this section or operating a school of the school district as a public innovative school under this section offers extended learning opportunities under subsection (13), the board shall adopt a policy on extended learning opportunities for the school district or school that meets at least all of the following:
(a) Provides for the administration and supervision of the extended learning opportunities.
(b) Utilizes certified educators to oversee an individual pupil's extended learning opportunity.
(c) Requires that each extended learning proposal meet rigorous standards and be approved by the school before implementation. Each extended learning proposal must address the following 4 elements of rigor in extended learning opportunities:
(i) Research.
(ii) Reflection.
(iii) Product.
(iv) Presentation.
(d) Specifies that credits can be granted for extended learning activities, including, but not limited to, independent study, private instruction, team sports, performing groups, internships, community service, and work study.
(e) Requires that any credit granted to a pupil is based on a pupil's demonstration of competencies, as approved by certificated educators.
(15) The board of a school district operating the school district as a public innovative district under this section or operating a school of the school district as a public innovative school under this section may do all of the following:
(a) Adopt and implement an alternative assessment of pupil progress that meets the requirements of the every student succeeds act, Public Law 114-95.
(b) Operate a year-round program.
(c) Utilize community experts in the educational process.
(d) Design courses based on the interests of individual pupils.
(16) The board of a school district operating the school district as a public innovative district under this section or operating a school of the school district as a public innovative school under this section shall do at least both of the following:
(a) Measure and track pupil competencies, rather than instructional hours, as the basis for awarding credit.
(b) Assign a mentor to each pupil.
(17) It is the intent of the legislature to appropriate funding for a statewide auditor to perform audits for each school district operating as a public innovative district and each school operating as a public innovative school. The education accountability policy commission shall select the auditor and shall ensure that the auditor has a background in both accounting and education. The auditor shall replace the services provided by the auditor of the intermediate school district of which the school district is constituent. The board of a school district operating the school district as a public innovative district or operating a school of the school district as a public innovative school that is subject to an audit performed by the statewide auditor described in this subsection shall provide any information to the statewide auditor that the statewide auditor determines is necessary for the purposes of performing audits described in this subsection.
(18) The superintendent of public instruction and the department's innovation council shall provide technical advice and assistance to the board of a school district completing an application under subsection (1).
(19) If the parent or legal guardian of a pupil receives a notice under subsection (2) indicating that the board of the school district received a notice of approval under subsection (4) or (6) for permission to operate a school of the school district as a public innovative school and the pupil is currently enrolled in the school for which the board received permission to operate as a public innovative school or the pupil is designated to attend that school, the pupil's parent or legal guardian may, before the beginning of the school year, elect to enroll the pupil in another school of the school district that offers an appropriate grade level. If the board of a school district receives the notice of approval under subsection (4) or (6) for permission to operate a school of the school district as a public innovative school, the board shall ensure that the schools of the school district that are not operated as public innovative schools enroll pupils seeking to enroll under this subsection.
(20) As used in this section:
(a) "Education accountability policy commission" means the education accountability policy commission created under section 1173a.
(b) "Extended learning opportunity" means a learning program that occurs outside of a school setting.
(c) "Innovative practices" means approaches to learning that are pupil-centered, learning-based, and not bound by measures of time or place.
Sec. 1173a. (1) The education accountability policy commission is created within the department. The commission consists of the following 13 members:
(a) Three members appointed by the governor who represent business sectors that are important to this state's economy and rely on a college- or career-ready workforce, nonprofit organizations and associations that promote college and career education, K to 12 and postsecondary institutions involved in college and career education, or other sectors as determined appropriate by the governor.
(b) One member appointed by the senate majority leader, in consultation with the chairperson of the senate standing committee on education.
(c) One member appointed by the speaker of the house of representatives, in consultation with the chairperson of the house standing committee on education.
(d) The superintendent of public instruction, or his or her designee.
(e) One member appointed by the superintendent of public instruction from among nominees submitted by statewide organizations representing public school academies.
(f) One member appointed by the superintendent of public instruction from among nominees submitted by statewide organizations representing school administrators working in school districts.
(g) A currently serving school board member appointed by the superintendent of public instruction from among nominees submitted by statewide organizations representing school boards.
(h) One member appointed by the governor from among nominees submitted by statewide organizations representing urban school districts.
(i) One member appointed by the governor from among nominees submitted by statewide organizations representing rural school districts.
(j) One member appointed by the governor from among nominees submitted by statewide organizations representing the parents or legal guardians of pupils.
(k) One member appointed by the governor from among nominees submitted by statewide organizations representing teachers.
(2) Initial education accountability policy commission members must be appointed under subsection (1) by not later than July 1, 2021.
(3) The members of the education accountability policy commission shall elect a chairperson of the commission and other officers the commission determines appropriate.
(4) Members of the education accountability policy commission shall be appointed for 4-year terms.
(5) A vacancy on the education accountability policy commission must be filled in the same manner as the original appointment. A member appointed to fill a vacancy caused by a resignation or death is appointed for the balance of the unexpired term.
(6) The governor may remove a member of the education accountability policy commission for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(7) Members of the education accountability policy commission serve without compensation. However, members of the commission may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission.
(8) The education accountability policy commission may establish subcommittees that may consist of individuals who are not members of the commission, including, but not limited to, experts in matters of interest to the commission.
(9) A majority of the members of the education accountability policy commission constitute a quorum for conducting business. A vote of a majority of the members of the commission present and serving is required for the official action of the commission.
Sec. 1284b. (1) Until subsection (2) applies to the school district, public school academy, or intermediate school district, the board of a school district or intermediate school district or board of directors of a public school academy shall ensure that the district's or public school academy's schools are not in session on the Friday before Labor day.Day.
(2) Except as otherwise provided in this section and except for the board of a school district operating the school district as a public innovative district or, with respect to that school only, operating a school of the school district as a public innovative school under section 1173, the board of a school district or intermediate school district or board of directors of a public school academy shall ensure that the district's or public school academy's school year does not begin before Labor day.Day.
(3) If a collective bargaining agreement that provides a complete school calendar is in effect for employees of a school district, public school academy, or intermediate school district as of the effective date of the amendatory act that added subsection (2), September 29, 2005, and if that school calendar is not in compliance with subsection (2), then subsection (2) does not apply to that school district, public school academy, or intermediate school district until after the expiration of that collective bargaining agreement.
(4) If a school district, intermediate school district, or public school academy is operating a year-round school or program as of September 29, 2005 or is operating as of that date a school that is an international baccalaureate academy that provides 1,160 hours of pupil instruction per school year, then subsection (2) does not apply to that school or program. If a school district, intermediate school district, or public school academy begins operating a year-round school or program after September 29, 2005, the school district, intermediate school district, or public school academy may apply to the superintendent of public instruction for a waiver from the requirements of subsection (2). Upon application, if the superintendent of public instruction determines that a school or program is a bona fide year-round school or program established for educational reasons, the superintendent of public instruction shall grant the waiver. The superintendent of public instruction shall establish standards for determining a bona fide year-round school or program for the purposes of this subsection.
(5) If an intermediate school district contracts with a constituent district or public school academy to provide programs or services for pupils of the constituent district or public school academy; operates a program or service within a building owned by a constituent district or a public school academy located within the intermediate school district's boundaries; or otherwise provides instructional programs or services for pupils of a constituent district or public school academy, and if the school district's or public school academy's school year begins before Labor day Day under subsection (3) or (4), then the intermediate school district may provide programs or services according to the school district's or public school academy's calendar.
(6) This section does not apply to a public school that operates all of grades 6 to 12 at a single site, that aligns its high school curriculum with advanced placement courses as the capstone of the curriculum, and that ends its second academic semester concurrently with the end of the advanced placement examination period.
(7) This section does not prohibit a school district, intermediate school district, or public school academy from offering or requiring professional development for its personnel that is conducted before Labor day.Day.
(8) As used in this section, "Labor day" Day" means the first Monday in September.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4910 (request no. 01945'21) of the 101st Legislature is enacted into law.
