HOUSE BILL NO. 5719
April 24, 2020, Introduced by Rep. Sheppard and
referred to the Committee on Government Operations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 101 (MCL 388.1701), as amended by 2019 PA 58, and by adding section 296a.
the people of the state of michigan enact:
Sec. 101. (1) To be eligible to receive state aid
under this article, not later than the fifth Wednesday after the pupil
membership count day and not later than the fifth Wednesday after the
supplemental count day, each district superintendent shall submit and certify
to the center and the intermediate superintendent, in the form and manner prescribed
by the center, the number of pupils enrolled and in regular daily attendance,
including identification of tuition-paying pupils, in the district as of the
pupil membership count day and as of the supplemental count day, as applicable,
for the current school year. In addition, a district maintaining school during
the entire year shall submit and certify to the center and the intermediate
superintendent, in the form and manner prescribed by the center, the number of
pupils enrolled and in regular daily attendance in the district for the current
school year pursuant to rules promulgated by the superintendent. Not later than
the sixth Wednesday after the pupil membership count day and not later than the
sixth Wednesday after the supplemental count day, the district shall resolve
any pupil membership conflicts with another district, correct any data issues,
and recertify the data in a form and manner prescribed by the center and file
the certified data with the intermediate superintendent. If a district fails to
submit and certify the attendance data, as required under this subsection, the
center shall notify the department and the department shall withhold state aid
due to be distributed under this article from the defaulting district
immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a
district does not comply with this subsection by the end of the fiscal year,
the district forfeits the amount withheld. A person who willfully falsifies a
figure or statement in the certified and sworn copy of enrollment is subject to
penalty as prescribed by section 161.
(2) To be eligible to
receive state aid under this article, not later than the twenty-fourth
Wednesday after the pupil membership count day and not later than the
twenty-fourth Wednesday after the supplemental count day, an intermediate
district shall submit to the center, in a form and manner prescribed by the
center, the audited enrollment and attendance data for the pupils of its
constituent districts and of the intermediate district. If an intermediate
district fails to submit the audited data as required under this subsection,
the department shall withhold state aid due to be distributed under this
article from the defaulting intermediate district immediately, beginning with
the next payment after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an intermediate
district does not comply with this subsection by the end of the fiscal year,
the intermediate district forfeits the amount withheld.
(3) Except as otherwise
provided in subsections (11) and (12), all of the following apply to the
provision of pupil instruction:
(a) Except as otherwise
provided in this section, each district shall provide at least 1,098 hours and
180 days of pupil instruction.
If a collective
bargaining agreement that provides a complete school calendar was in effect for
employees of a district as of June 24, 2014, and if that school calendar is not
in compliance with this subdivision, then this subdivision does not apply to
that district until after the expiration of that collective bargaining
agreement. A district may apply for a waiver under subsection (9) from the
requirements of this subdivision.
(b) Except as otherwise
provided in this article, a district failing to comply with the required
minimum hours and days of pupil instruction under this subsection forfeits from
its total state aid allocation an amount determined by applying a ratio of the
number of hours or days the district was in noncompliance in relation to the
required minimum number of hours and days under this subsection. Not later than
August 1, the board of each district shall either certify to the department that
the district was in full compliance with this section regarding the number of
hours and days of pupil instruction in the previous school year, or report to
the department, in a form and manner prescribed by the center, each instance of
noncompliance. If the district did not provide at least the required minimum
number of hours and days of pupil instruction under this subsection, the
department shall make the deduction of state aid in the following fiscal year
from the first payment of state school aid. A district is not subject to
forfeiture of funds under this subsection for a fiscal year in which a
forfeiture was already imposed under subsection (6).
(c) Hours or days lost
because of strikes or teachers' conferences are not counted as hours or days of
pupil instruction.
(d) Except as otherwise
provided in subdivisions (e) and (f), if a district does not have at least 75%
of the district's membership in attendance on any day of pupil instruction, the
department shall pay the district state aid in that proportion of 1/180 that
the actual percent of attendance bears to 75%.
(e) If a district adds 1
or more days of pupil instruction to the end of its instructional calendar for
a school year to comply with subdivision (a) because the district otherwise
would fail to provide the required minimum number of days of pupil instruction
even after the operation of subsection (4) due to conditions not within the
control of school authorities, then subdivision (d) does not apply for any day
of pupil instruction that is added to the end of the instructional calendar.
Instead, for any of those days, if the district does not have at least 60% of
the district's membership in attendance on that day, the department shall pay
the district state aid in that proportion of 1/180 that the actual percentage
of attendance bears to 60%. For any day of pupil instruction added to the
instructional calendar as described in this subdivision, the district shall
report to the department the percentage of the district's membership that is in
attendance, in the form and manner prescribed by the department.
(f) At the request of a
district that operates a department-approved alternative education program and
that does not provide instruction for pupils in all of grades K to 12, the
superintendent shall grant a waiver from the requirements of subdivision (d).
The waiver must provide that an eligible district is subject to the proration
provisions of subdivision (d) only if the district does not have at least 50%
of the district's membership in attendance on any day of pupil instruction. In
order to be eligible for this waiver, a district must maintain records to
substantiate its compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction
as required under this section.
(ii) For each enrolled
pupil, the district uses appropriate academic assessments to develop an
individual education plan that leads to a high school diploma.
(iii) The district
tests each pupil to determine academic progress at regular intervals and
records the results of those tests in that pupil's individual education plan.
(g) All of the following apply to a waiver granted under
subdivision (f):
(i) If the waiver is
for a blended model of delivery, a waiver that is granted for the 2011-2012
fiscal year or a subsequent fiscal year remains in effect unless it is revoked
by the superintendent.
(ii) If the waiver is
for a 100% online model of delivery and the educational program for which the
waiver is granted makes educational services available to pupils for a minimum
of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a
school year, a waiver that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is
not a waiver described in subparagraph (i) or (ii) is valid for 1 fiscal year and must be renewed annually to
remain in effect.
(h) The superintendent shall promulgate rules for the
implementation of this subsection.
(4) Except as otherwise provided in this subsection, the
first 6 days or the equivalent number of hours for which pupil instruction is
not provided because of conditions not within the control of school
authorities, such as severe storms, fires, epidemics, utility power
unavailability, water or sewer failure, or health conditions as defined by the
city, county, or state health authorities, are counted as hours and days of
pupil instruction. For 2018-2019 only, in addition to these 6 days, if pupil
instruction is not provided on 1 or more days that are included in a period for
which the governor has issued an executive order declaring a state of emergency
across this state, upon request by a district to the superintendent of public
instruction, in a form and manner prescribed by the department, that 1 or more
of those days and the equivalent number of hours count as days and hours of
pupil instruction, the department shall count those requested days and the
equivalent number of hours as days and hours of pupil instruction for the
purposes of this section. For 2018-2019, the days included in the executive
order are January 29, 2019 to February 2, 2019. With the approval of the
superintendent of public instruction, the department shall count as hours and
days of pupil instruction for a fiscal year not more than 3 additional days or
the equivalent number of additional hours for which pupil instruction is not
provided in a district due to unusual and extenuating occurrences resulting
from conditions not within the control of school authorities such as those
conditions described in this subsection. Subsequent such hours or days are not
counted as hours or days of pupil instruction.
(5) A district does not forfeit part of its state aid
appropriation because it adopts or has in existence an alternative scheduling
program for pupils in kindergarten if the program provides at least the number
of hours required under subsection (3) for a full-time equated membership for a
pupil in kindergarten as provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this
section, if at any time the department determines that 1 or more of the
following have occurred in a district, the district forfeits in the current
fiscal year beginning in the next payment to be calculated by the department a
proportion of the funds due to the district under this article that is equal to
the proportion below the required minimum number of hours and days of pupil
instruction under subsection (3), as specified in the following:
(a) The district fails to operate its schools for at least
the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under
subsection (4).
(b) The board of the district takes formal action not to
operate its schools for at least the required minimum number of hours and days
of pupil instruction under subsection (3) in a school year, including hours and
days counted under subsection (4).
(7) In providing the minimum number of hours and days of
pupil instruction required under subsection (3), a district shall use the
following guidelines, and a district shall maintain records to substantiate its
compliance with the following guidelines:
(a) Except as otherwise provided in this subsection, a pupil
must be scheduled for at least the required minimum number of hours of
instruction, excluding study halls, or at least the sum of 90 hours plus the
required minimum number of hours of instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in
a block schedule may be considered instructional time, unless that time is
determined in an audit to be a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil
in grades 9 to 12 for whom a reduced schedule is determined to be in the
individual pupil's best educational interest must be scheduled for a number of
hours equal to at least 80% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil. A pupil in grades 9
to 12 who is scheduled in a 4-block schedule may receive a reduced schedule
under this subsection if the pupil is scheduled for a number of hours equal to
at least 75% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a
cooperative education program or a special education pupil cannot receive the
required minimum number of hours of pupil instruction solely because of travel
time between instructional sites during the school day, that travel time, up to
a maximum of 3 hours per school week, is considered to be pupil instruction
time for the purpose of determining whether the pupil is receiving the required
minimum number of hours of pupil instruction. However, if a district
demonstrates to the satisfaction of the department that the travel time
limitation under this subdivision would create undue costs or hardship to the
district, the department may consider more travel time to be pupil instruction
time for this purpose.
(e) In grades 7 through 12, instructional time that is part
of a Junior Reserve Officer Training Corps (JROTC) program is considered to be
pupil instruction time regardless of whether the instructor is a certificated
teacher if all of the following are met:
(i) The instructor
has met all of the requirements established by the United States Department of
Defense and the applicable branch of the armed services for serving as an
instructor in the Junior Reserve Officer Training Corps program.
(ii) The board of the
district or intermediate district employing or assigning the instructor
complies with the requirements of sections 1230 and 1230a of the revised school
code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same
extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11) and
(12), the department shall apply the guidelines under subsection (7) in
calculating the full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal
year, the superintendent shall waive for a district the minimum number of hours
and days of pupil instruction requirement of subsection (3) for a
department-approved alternative education program or another innovative program
approved by the department, including a 4-day school week. If a district
applies for and receives a waiver under this subsection and complies with the
terms of the waiver, the district is not subject to forfeiture under this
section for the specific program covered by the waiver. If the district does
not comply with the terms of the waiver, the amount of the forfeiture is
calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). A district shall report pupils
enrolled in a department-approved alternative education program under this
subsection to the center in a form and manner determined by the center. All of
the following apply to a waiver granted under this subsection:
(a) If the waiver is for a blended model of delivery, a
waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal
year remains in effect unless it is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes educational services
available to pupils for a minimum of at least 1,098 hours during a school year
and ensures that each pupil is on track for course completion at proficiency
level, a waiver that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision
(a) or (b) is valid for 1 fiscal year and must be renewed annually to remain in
effect.
(10) A district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil instruction.
All of the following apply to the counting of qualifying
professional development as pupil instruction under this subsection:
(a) If qualifying professional development exceeds 5 hours in
a single day, that day may be counted as a day of pupil instruction.
(b) At least 8 hours of the qualifying professional
development counted as hours of pupil instruction under this subsection must be
recommended by a districtwide professional development advisory committee
appointed by the district board. The advisory committee must be composed of
teachers employed by the district who represent a variety of grades and subject
matter specializations, including special education; nonteaching staff; parents;
and administrators. The majority membership of the committee shall must be composed of
teaching staff.
(c) Professional development provided online is allowable and
encouraged, as long as the instruction has been approved by the district. The
department shall issue a list of approved online professional development
providers, which must include the Michigan Virtual School.
(d) Qualifying professional development may only be counted
as hours of pupil instruction for the pupils of those teachers scheduled to
participate in the qualifying professional development.
(e) For professional development to be considered qualifying
professional development under this subsection, the professional development
must meet all of the following:
(i) Is aligned to the
school or district improvement plan for the school or district in which the
professional development is being provided.
(ii) Is linked to 1 or
more criteria in the evaluation tool developed or adopted by the district or
intermediate district under section 1249 of the revised school code, MCL
380.1249.
(iii) Has been approved
by the department as counting for state continuing education clock hours. The
number of hours of professional development counted as hours of pupil
instruction may not exceed the number of state continuing education clock hours
for which the qualifying professional development was approved.
(iv) Not more than a
combined total of 10 hours of the professional development takes place before
the first scheduled day of school for the school year ending in the fiscal year
and after the last scheduled day of school for that school year.
(v) No more than 10
hours of qualifying professional development takes place in a single month.
(vi) At least 75% of
teachers scheduled to participate in the professional development are in
attendance.
(11) Subsections (3) and (8) do not apply to a school of
excellence that is a cyber school, as that term is defined in section 551 of the
revised school code, MCL 380.551, and is in compliance with section 553a of the
revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils
enrolled in a dropout recovery program that meets the requirements of section
23a. As used in this subsection, "eligible pupil" means that term as
defined in section 23a.
(13) At least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to
ensure that the waiver standards and waiver process continue to be appropriate
and responsive to changing trends in online learning. The superintendent shall
solicit and consider input from stakeholders as part of this review.
Sec. 296a. (1) Notwithstanding any other
provision of this act to the contrary and subject to subsection (2), all
orders, rules, regulations, proclamations, directives, and provisions related
to this act included in Executive Order No. 2020-35 are incorporated into this section
by reference and remain in effect for the remainder of the 2019-2020 school
year.
(2)
All orders, rules, regulations, proclamations, directives, and provisions
incorporated by reference into this section under subsection (1) that are
specified in Executive Order No. 2020-35 as continuing beyond the remainder of
the 2019-2020 school year continue and remain in effect as specified in
Executive Order No. 2020-35.
(3) It is the intent of the legislature to codify, as specified in this section, the portions of Executive Order No. 2020-35 that relate to this act through the amendatory act that added this section.