Bill Text: MI HB5629 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Appropriations; supplemental; funding for boarding school pilot program for at-risk youth; provide for. Amends sec. 20 of 1979 PA 94 (MCL 388.1620) & adds sec. 31e.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-05 - Printed Bill Filed 06/05/2014 [HB5629 Detail]
Download: Michigan-2013-HB5629-Introduced.html
HOUSE BILL No. 5629
June 4, 2014, Introduced by Rep. Olumba and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 20 (MCL 388.1620), as amended by 2013 PA 130,
and by adding section 31e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20. (1) For 2013-2014, the basic foundation allowance is
$8,049.00.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was at least equal to
the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest foundation allowance among all districts,
but less than the basic foundation allowance for the immediately
preceding state fiscal year, the district shall receive a
foundation allowance in an amount equal to the sum of the greater
of $6,966.00 or the district's foundation allowance for the
immediately preceding state fiscal year plus the difference between
twice the dollar amount of the adjustment from the immediately
preceding state fiscal year to the current state fiscal year made
in the basic foundation allowance and [(the dollar amount of the
adjustment from the immediately preceding state fiscal year to the
current state fiscal year made in the basic foundation allowance
minus $10.00) times (the difference between the district's
foundation allowance for the immediately preceding state fiscal
year and the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest foundation allowance among all districts)
divided by the difference between the basic foundation allowance
for the current state fiscal year and the sum of $7,108.00 plus the
total dollar amount of all adjustments made from 2006-2007 to the
immediately preceding state fiscal year in the lowest foundation
allowance among all districts]. For 2011-2012, for a district that
had a foundation allowance for the immediately preceding state
fiscal year that was at least equal to the sum of $7,108.00 plus
the total dollar amount of all adjustments made from 2006-2007 to
the immediately preceding state fiscal year in the lowest
foundation allowance among all districts, but less than the basic
foundation allowance for the immediately preceding state fiscal
year, the district shall receive a foundation allowance in an
amount equal to the district's foundation allowance for 2010-2011,
minus $470.00. However, the foundation allowance for a district
that had less than the basic foundation allowance for the
immediately preceding state fiscal year shall not exceed the basic
foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount at least equal to the amount of
the basic foundation allowance for the immediately preceding state
fiscal year, the district shall receive a foundation allowance for
2011-2012 in an amount equal to the district's foundation allowance
for 2010-2011, minus $470.00.
(c) Except as otherwise provided in subdivision (d), for a
district that in the 1994-95 state fiscal year had a foundation
allowance greater than $6,500.00, the district's foundation
allowance is an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal
year plus the lesser of the increase in the basic foundation
allowance for the current state fiscal year, as compared to the
immediately preceding state fiscal year, or the product of the
district's foundation allowance for the immediately preceding state
fiscal year times the percentage increase in the United States
consumer price index in the calendar year ending in the immediately
preceding fiscal year as reported by the May revenue estimating
conference conducted under section 367b of the management and
budget act, 1984 PA 431, MCL 18.1367b. Except as otherwise provided
in subdivision (d), for 2011-2012, for a district that in the 1994-
1995 state fiscal year had a foundation allowance greater than
$6,500.00, the district's foundation allowance is an amount equal
to the district's foundation allowance for the 2010-2011 fiscal
year minus $470.00.
(d) For a district that in the 1994-95 state fiscal year had a
foundation allowance greater than $6,500.00 and that had a
foundation allowance for the 2009-2010 state fiscal year, as
otherwise calculated under this section, that was less than the
basic foundation allowance, the district's foundation allowance for
2011-2012 and each succeeding fiscal year shall be considered to be
an amount equal to the basic foundation allowance.
(e) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(f) For a district that received a payment under section 22c
as that section was in effect for 2001-2002, the district's 2001-
2002 foundation allowance shall be considered to have been an
amount equal to the sum of the district's actual 2001-2002
foundation allowance as otherwise calculated under this section
plus the per pupil amount of the district's equity payment for
2001-2002 under section 22c as that section was in effect for 2001-
2002.
(g) For a district that received a payment under section 22c
as that section was in effect for 2006-2007, the district's 2006-
2007 foundation allowance shall be considered to have been an
amount equal to the sum of the district's actual 2006-2007
foundation allowance as otherwise calculated under this section
plus the per pupil amount of the district's equity payment for
2006-2007 under section 22c as that section was in effect for 2006-
2007.
(h) For 2012-2013, for a district that had a foundation
allowance for the 2011-2012 state fiscal year of less than
$6,966.00, the district's foundation allowance is an amount equal
to $6,966.00.
(4) Except as otherwise provided in this subsection, the state
portion of a district's foundation allowance is an amount equal to
the district's foundation allowance or the basic foundation
allowance for the current state fiscal year, whichever is less,
minus the difference between the sum of the product of the taxable
value per membership pupil of all property in the district that is
nonexempt property times the district's certified mills and, for a
district with certified mills exceeding 12, the product of the
taxable value per membership pupil of property in the district that
is commercial personal property times the certified mills minus 12
mills and the quotient of the ad valorem property tax revenue of
the district captured under tax increment financing acts divided by
the district's membership excluding special education pupils. For a
district described in subsection (3)(c), the state portion of the
district's foundation allowance is an amount equal to $6,962.00
plus the difference between the district's foundation allowance for
the current state fiscal year and the district's foundation
allowance for 1998-99, minus the difference between the sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership
excluding special education pupils. For a district that has a
millage reduction required under section 31 of article IX of the
state constitution of 1963, the state portion of the district's
foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes
continue to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to
satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, the taxable value per
membership pupil of property in the receiving district used for the
purposes of this subsection, does not include the taxable value of
property within the geographic area of the dissolved district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. For a pupil enrolled pursuant to section 105 or 105c
in a district other than the pupil's district of residence, the
allocation calculated under this section shall be based on the
lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district.
For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section
shall be based on the foundation allowance of the educating
district if the educating district's foundation allowance is
greater than the foundation allowance of the pupil's district of
residence.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. However, a public school academy that had an
allocation under this subsection before 2009-2010 that was equal to
the sum of the local school operating revenue per membership pupil
other than special education pupils for the district in which the
public school academy is located and the state portion of that
district's foundation allowance shall not have that allocation
reduced as a result of the 2010 amendment to this subsection.
Notwithstanding section 101, for a public school academy that
begins operations after the pupil membership count day, the amount
per membership pupil calculated under this subsection shall be
adjusted by multiplying that amount per membership pupil by the
number of hours of pupil instruction provided by the public school
academy after it begins operations, as determined by the
department, divided by the minimum number of hours of pupil
instruction required under section 101(3). The result of this
calculation shall not exceed the amount per membership pupil
otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils attending an achievement school and in membership in the
education achievement system, other than special education pupils,
or for pupils enrolled in a public college preparatory boarding
school funded under section 31e, other than special education
pupils, the allocation calculated under this section is an amount
per membership pupil other than special education pupils equal to
the foundation allowance of the district in which the achievement
school or public college preparatory boarding school is located,
not to exceed the basic foundation allowance. Notwithstanding
section 101, for an achievement school or public college
preparatory boarding school that begins operation after the pupil
membership count day, the amount per membership pupil calculated
under this subsection shall be adjusted by multiplying that amount
per membership pupil by the number of hours of pupil instruction
provided by the achievement school or public college preparatory
boarding school after it begins operations, as determined by the
department, divided by the minimum number of hours of pupil
instruction required under section 101(3). The result of this
calculation shall not exceed the amount per membership pupil
otherwise calculated under this subsection. For the purposes of
this subsection, if a public school is transferred from a district
to the state school reform/redesign district or the achievement
authority under section 1280c of the revised school code, MCL
380.1280c, that public school is considered to be an achievement
school within the education achievement system and not a school
that is part of a district, and a pupil attending that public
school is considered to be in membership in the education
achievement system and not in membership in the district that
operated the school before the transfer.
(8) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more
districts or by annexation, the resulting district's foundation
allowance under this section beginning after the effective date of
the consolidation or annexation shall be the lesser of the sum of
the average of the foundation allowances of each of the original or
affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the
resulting district who reside in the geographic area of each of the
original or affected districts plus $100.00 or the highest
foundation allowance among the original or affected districts. This
subsection does not apply to a receiving district unless there is a
subsequent consolidation or annexation that affects the district.
(9) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(11) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year
plus the estimated total state school aid fund revenue for the
immediately preceding state fiscal year, adjusted for any change in
the rate or base of a tax the proceeds of which are deposited in
that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus
index is not determined at the revenue estimating conference, the
principals of the revenue estimating conference shall report their
estimates to the house and senate subcommittees responsible for
school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(12) For a district that received a grant under former section
32e for 2001-2002, the district's foundation allowance for 2002-
2003 and each succeeding fiscal year shall be adjusted to be an
amount equal to the sum of the district's foundation allowance, as
otherwise calculated under this section, plus the quotient of 100%
of the amount of the grant award to the district for 2001-2002
under former section 32e divided by the number of pupils in the
district's membership for 2001-2002 who were residents of and
enrolled in the district. All of the following apply to districts
receiving a foundation allowance adjustment under this subsection:
(a) Except as otherwise provided in this subdivision, a
district qualifying for a foundation allowance adjustment under
this subsection shall use the funds resulting from this adjustment
for at least 1 of grades K to 3 for purposes allowable under former
section 32e as in effect for 2001-2002. For an individual school or
schools operated by a district qualifying for a foundation
allowance adjustment under this subsection that have been
determined by the department to meet the adequate yearly progress
standards of the federal no child left behind act of 2001, Public
Law 107-110, in both mathematics and English language arts at all
applicable grade levels for all applicable subgroups, the district
may submit to the department an application for flexibility in
using the funds resulting from this adjustment that are
attributable to the pupils in the school or schools. The
application shall identify the affected school or schools and the
affected funds and shall contain a plan for using the funds for
specific purposes identified by the district that are designed to
reduce class size, but that may be different from the purposes
otherwise allowable under this subdivision. The department shall
approve the application if the department determines that the
purposes identified in the plan are reasonably designed to reduce
class size. If the department does not act to approve or disapprove
an application within 30 days after it is submitted to the
department, the application is considered to be approved. If an
application for flexibility in using the funds is approved, the
district may use the funds identified in the application for any
purpose identified in the plan.
(b) A district receiving an adjustment under this subsection
shall not receive as a result of this adjustment an amount that
exceeds 68.5% of the amount the district received as a result of
this adjustment for 2010-2011.
(c) Notwithstanding subsection (8), for a district that is
formed or reconfigured by consolidation of 2 or more districts, 1
of which received an adjustment under this subsection for 2012-
2013, the resulting district's foundation allowance for 2013-2014
and each succeeding fiscal year shall be adjusted to be an amount
equal to the sum of the resulting district's foundation allowance
as calculated under subsection (8) excluding any adjustment
calculated under this subsection plus [(the original district's
adjustment under this subsection in 2012-2013 times the number of
pupils in the original district's membership for 2012-2013) divided
by the number of pupils in the resulting district's membership for
2013-2014].
(d) Beginning in 2013-2014, for a district that received an
adjustment for the immediately preceding fiscal year and that had a
foundation allowance as adjusted by this subsection for the
immediately preceding fiscal year equal to $6,966.00, the district
shall not receive an adjustment under this section for the current
fiscal year.
(13) Payments to districts, public school academies, or the
education achievement system shall not be made under this section.
Rather, the calculations under this section shall be used to
determine the amount of state payments under section 22b.
(14) If an amendment to section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic
schools is approved by the voters of this state, each foundation
allowance or per pupil payment calculation under this section may
be reduced.
(15) As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, local school operating revenue
does not include school operating taxes levied within the
geographic area of the dissolved district.
(h) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(i) "Maximum public school academy allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year plus the difference between twice the dollar
amount of the adjustment from the immediately preceding state
fiscal year to the current state fiscal year made in the basic
foundation allowance and [(the dollar amount of the adjustment from
the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance minus $10.00)
times (the difference between the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made from 2006-2007 to the immediately
preceding state fiscal year in the lowest per-pupil allocation
among all public school academies) divided by the difference
between the basic foundation allowance for the current state fiscal
year and the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest per-pupil allocation among all public
school academies].
(j) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(k) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, or commercial personal property.
(l) "Principal residence", "qualified agricultural property",
"qualified forest property", "supportive housing property",
"industrial personal property", and "commercial personal property"
mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(m) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(n) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18 and purposes authorized under section 1211 of the revised school
code, MCL 380.1211.
(o) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(p) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(q) "Taxable value per membership pupil" means taxable value,
as certified by the department of treasury, for the calendar year
ending in the current state fiscal year divided by the district's
membership excluding special education pupils for the school year
ending in the current state fiscal year.
Sec. 31e. (1) From the general fund money appropriated in
section 11, there is allocated for 2013-2014 an amount not to
exceed $100.00 and there is allocated for 2014-2015 an amount not
to exceed $100.00 for a pilot project under this section for a
public college preparatory residential boarding school for at-risk
pupils. The 2013-2014 allocation is to the department for the
contracting process under subsection (2) and for start-up costs to
initiate the public college preparatory residential boarding school
pilot project, and the 2014-2015 allocation is for operation of the
public college preparatory residential boarding school for the
2014-2015 school year.
(2) For the pilot project under this section, the department
shall contract with an eligible operator for the operation of a
public college preparatory boarding school during the 2014-2015
school year. To do so, the department shall issue a request for
proposals from eligible operators. The department shall select the
eligible operator from among the qualified responders within 30
days after the issuance of the request for proposals. If no
qualified responder submits a proposal, the department may issue
another request for proposals.
(3) The department shall require each proposal submitted to
the department to contain at least all of the following
information:
(a) The proposed location of the public college preparatory
boarding school, which may differ from any location recommended by
the department in the request for proposals.
(b) Proposed grade levels to be offered in the school's
initial year of operation and a plan for increasing the grade
levels offered by the school in subsequent years.
(c) Any other information about the proposed educational
program, facilities, or operations of the school considered
necessary by the department.
(4) The department is not required to accept any proposal
submitted under subsections (2) and (3). If the department accepts
a proposal, the department shall enter into a contract with the
eligible operator for the operation of a public college preparatory
boarding school. The contract shall contain at least all of the
following:
(a) That the operator shall operate the school in accordance
with the terms of the proposal accepted by the department,
including the plan for increasing the grade levels offered by the
school, and in accordance with this act and all other applicable
law. The contract shall specifically require the school to comply
with the revised school code and this act to the same extent as a
school district and to comply with the rules promulgated under
section 1335 of the revised school code, MCL 380.1335, for the
operation of a licensed boarding school to the same extent as a
boarding school licensed under that section.
(b) That the school shall comply with any other provisions of
law specified in the contract.
(c) That the school shall meet the academic goals and other
performance standards specified in the contract.
(d) That the school shall have a fiscal officer who meets
standards established for the purposes of this section by the
department.
(5) In accordance with procedures specified in the contract
for a public college preparatory boarding school, the department
shall monitor the operation, programs, and facilities of the
school, including conducting on-site visits of the school.
(6) Any eligible student may apply for admission to a public
college preparatory boarding school established under this section
in a grade level offered by the school that is appropriate for the
student. Except for a foreign exchange student who is not a United
States citizen, a public college preparatory boarding school shall
not enroll a student who is not a resident of this state.
Enrollment in the public college preparatory boarding school shall
be open to all individuals who reside in this state who meet the
admission policy. If there are more applications to enroll in the
public college preparatory boarding school than there are spaces
available, students shall be selected to enroll using a random
selection process. A public college preparatory boarding school
shall allow any student who was enrolled in the school in the
immediately preceding school year to enroll in the school in the
appropriate grade unless the appropriate grade is not offered at
that school.
(7) In the first year of operation, a public college
preparatory boarding school funded under this section shall not
admit more than 200 students to the school. In each subsequent year
of operation, the school may add additional grade levels, but at no
time shall the school's total student population exceed 600
students.
(8) A public college preparatory boarding school funded under
this section shall offer an educational program that includes
at least all of the following:
(a) A remedial curriculum for students in grades lower than
grade 9.
(b) A college preparatory curriculum for high school students
that, at a minimum, complies with sections 1278a and 1278b of the
revised school code, MCL 380.1278a and 380.1278b, as those sections
apply to school districts. The curriculum may be a competency-based
curriculum.
(c) Extracurricular activities, including athletic and
cultural activities.
(d) College admission counseling.
(e) Health and mental health services.
(f) Tutoring services.
(g) Community services opportunities.
(h) A residential student life program.
(9) A public college preparatory boarding school funded under
this section shall receive a per pupil payment calculated under
section 20(7) and a public college preparatory boarding school
shall be considered to be district for funding under other sections
of this act and students enrolled in the public college preparatory
boarding school shall be considered to be pupils in membership in
the public college preparatory boarding school for the funding
under other sections of this act. The general fund money allocated
under this section for 2014-2015 shall be used to support the
residential program of the school, at a rate not to exceed
$25,000.00 per student enrolled in the public college preparatory
boarding school. In addition, the public college preparatory
boarding school may apply to any private entity to receive and
accept funds.
(10) Notwithstanding section 17b, payments to districts under
this section shall be paid on a schedule determined by the
department.
(11) A public college preparatory boarding school funded under
this section 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 all purposes under this act and the revised school
code, except the power of taxation, 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 public college preparatory boarding school
is a body corporate and is a governmental agency. The powers
granted to a public college preparatory boarding school under this
section constitute the performance of essential public purposes and
governmental functions of this state.
(12) As used in this part:
(a) "Eligible operator" means a nonprofit corporation that is
determined by the department to meet all of the following
qualifications:
(i) Has experience operating a public college preparatory
boarding school, or a substantially similar public boarding school
in another state, and has a track record of working with eligible
students or substantially similar students in a public college
preparatory boarding school or a substantially similar public
boarding school in another state.
(ii) Has demonstrated success in improving the academic
performance of students.
(iii) Has demonstrated that the nonprofit corporation has the
capacity to secure private funds for the development of the public
college preparatory boarding school authorized under this part.
(b) "Eligible student" means a student who is a resident of
this state; is at risk of academic failure; is from a family whose
family income is below 200% of the federal poverty guidelines
published by the United States department of health and human
services; meets any additional criteria prescribed by agreement
between the department and the operator of the public college
preparatory boarding school in which the student seeks enrollment;
and meets at least 2 of the following additional conditions:
(i) The student has a record of in-school disciplinary actions,
suspensions, expulsions, or truancy.
(ii) The student has not attained at least a score of
proficient on the state achievement assessments in English language
arts, reading, or mathematics, after those assessments have been
administered to the student at least once.
(iii) The student is a student with a disability, as that term
is defined under the revised school code.
(iv) The student has been referred for academic intervention
services.
(v) The student's head of household is a single parent or is
not the student's custodial parent. As used in this subparagraph,
"head of household" means a person who occupies the same household
as the student and who is financially responsible for the student.
(vi) A member of the student's family has been incarcerated.
